Sec.21a-101-8. Administrative provisions

(a) All food establishments within this state shall be subject to periodic investigations by inspectors duly authorized by the commissioner. Following the completion of an investigation, the inspector shall file a written report of his findings. A copy of this report shall be left with the operator or an authorized representative of the food establishment so investigated.

(b) Failure by any food establishment to fully comply with all corrective actions recommended by an inspector shall cause all food products stored or offered for sale therein to be deemed to be "adulterated" within the meaning of Section 21a-101 of the Connecticut General Statutes. The sale of such adulterated food shall subject the operator of such food establishment to the penalties enumerated in Section 21a-95 of the Connecticut General Statutes.

(c) Prior to reporting any violation to a prosecuting attorney, the commissioner or his duly authorized representative shall notify the operator in writing, advising him of the reasons for which such disciplinary action is being contemplated. The notice shall specify a time, date and place for an informal hearing before the commissioner to be held pursuant to the provisions of Section 21a-97 (b) of the Connecticut General Statutes.

(d) At the hearing the respondent shall be given an adequate opportunity to be heard and to show why disciplinary action is not warranted. The respondent may be accompanied by counsel, if he so chooses.

(e) If the respondent offers no satisfactory explanation for his failure to eliminate the alleged unsanitary conditions, the violations shall be duly reported to a prosecuting attorney for the institution of criminal proceedings.

(f) The commissioner is additionally authorized, pursuant to section 21a-94 of the Connecticut General Statutes, to apply to the Superior Court for a temporary or permanent injunction restraining the respondent from violating any provision of section 21a-93 of the Connecticut General Statutes.

(g) Any person allegedly aggrieved by the decision of the commissioner at such a hearing may appeal the decision by initiating appropriate proceedings in the Superior Court for the judicial district of Hartford.

(Effective June 22, 1990; Amended September 1, 2005; Amended October 11, 2016)