 |
Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
 |
Title22 Agriculture. Domestic Animals |
|
|
SubTitle22-39g-1_22-39g-15. Produce Safety |
| Sec. 22-39g-1. Definitions |
|
Latest version.
|
|
As used in this section and in sections 22-39g-2 to 22-39g-7, inclusive, of the Regulations of Connecticut State Agencies: (1) The definitions in section 22-39g of the Connecticut General Statutes shall be applicable; (2) The definitions in 21 CFR 112.3, as amended from time to time, excluding the definition of farm, shall be applicable; (3) “Act” means the Food Safety Modernization Act, as specified in section 22-39g of the Connecticut General Statutes; (4) “Adulterated produce” means produce deemed to be adulterated food pursuant to the federal Food, Drug and Cosmetic Act, 21 USC 342; (5) “Connecticut Good Agricultural Practices” and “CGAP” mean the inspection certificate program created pursuant to section 22-39g of the Connecticut General Statutes; (6) “Covered Farm” means a produce farm that meets the income and product distribution criteria of a covered farm as covered farm is defined in 21 CFR 112.4, as amended from time to time; (7) “Department” means the Department of Agriculture; and (8) “Misbranded produce” means produce deemed to be misbranded food pursuant to the federal Food, Drug and Cosmetic Act, 21 USC 343. |
|
(Effective February 10, 2023) |
| Sec. 22-39g-2. Registration of covered farms, qualified exempt farms, fees |
|
Latest version.
|
|
(a) The provisions of this section, and sections 22-39g-4 to 22-39g-7, inclusive, of the Regulations of Connecticut State Agencies, shall apply to any covered farm. (b) The owner of a covered farm shall register annually with the department, on a form provided by the department. Such form shall include the following: (1) Name of owner; (2) Business address of owner; (3) Address of each outdoor location where produce will be grown and acreage at each location; (4) Address of each indoor location where produce will be grown and type of indoor facility or facilities that will be utilized at such indoor location, such as greenhouses, hoop houses, or private residences; and (5) Description of produce to be grown at the covered farm. (c) Except as provided in subsection (d) of this section, initial and renewal applicants for registration shall pay a non-refundable registration fee of one hundred dollars to the department. (d) The owner of a covered farm eligible for qualified exemption pursuant to 21 CFR 112.5, as amended from time to time, shall register annually with the department, without charge, on a form provided by the department. Such form shall include the following: (1) Name of owner; (2) Business address of owner; and (3) Declaration attesting to the owner’s compliance with the requirements for qualified exemption described in 21 CFR 112.5, as amended from time to time. (e) A covered farm shall locate any produce grown, harvested, packed or held in a private residence in a room that is separate from such residence's living quarters, and accessible from the outdoors by a separate entrance. (f) All registrations issued pursuant to this section shall expire on January 31 of the year following issuance, and annually thereafter, if renewed. Registrations shall not be transferable. (g) Any owner of a covered farm who receives a registration pursuant to this section shall notify the department of any changes to the information supplied on the application for such registration no later than ten business days after such change. (h) The owner of any produce farm may submit a declaration to the department that it is not a covered farm, on a form to be provided by the department. The declaration shall not be binding on the department for any determination that such produce farm is not a covered farm. |
|
(Effective February 10, 2023) |
| Sec. 22-39g-3. CGAP Program, certificate, fees |
|
Latest version.
|
|
(a) This section and sections 22-39g-4 to 22-39g-7, inclusive, of the Regulations of Connecticut State Agencies, shall apply to any produce farm that voluntarily requests inspection pursuant to section 22-39g of the Connecticut General Statutes. (b) Each CGAP applicant requesting inspection pursuant to section 22-39g of the Connecticut General Statutes shall pay a non-refundable registration fee of one hundred dollars to the department, except owners of covered farms shall not be required to pay any fee for such application. (c) Each CGAP applicant requesting inspection pursuant to section 22-39g of the Connecticut General Statutes shall meet the following requirements prior to the issuance of a CGAP certificate: (1) Demonstrate compliance with sections 22-39g-4 and 22-39g-5 of the Regulations of Connecticut State Agencies; (2) Maintain written records documenting standard operating procedures for training provided to employees and contractors regarding sanitation, maintenance, harvesting, washing, packing, packaging, labeling and water quality; and (3) Demonstrate employee and contractor compliance with such standard operating procedures through on-farm evaluations of employees and contractors. (d) Any produce grown, harvested, packed or held in a private residence by a CGAP produce farm shall be located in a room that is separate from such residence's living quarters and accessible from the outdoors by a separate entrance. (e) Each CGAP applicant requesting inspection pursuant to section 22-39g of the Connecticut General Statutes shall request such inspection not less than sixty days prior to the expected first day of the produce farm’s harvest. (f) After an inspection demonstrating compliance with this section and sections 22-39g-4 and 22- 39g-5 of the Regulations of Connecticut State Agencies, the commissioner shall issue a CGAP certificate to the owner of the produce farm. Such certificate shall expire one year after the date of issuance. (g) The CGAP certificate shall only cover current produce conditions; shall not be interpreted as a guarantee, explicit or implied, for the adequacy of any produce of the farm; and shall not be used for advertising purposes. |
|
(Effective February 10, 2023) |
| Sec. 22-39g-4. Standards for growing, harvesting, labeling, packing, packaging and holding produce |
|
Latest version.
|
|
All produce at a produce farm shall be grown, harvested, packed and held in accordance with 21 CFR 112, as amended from time to time. All off-farm packing, packaging and holding of produce by a produce farm shall be in accordance with 21 CFR 112 or 21 CFR 117.8, as amended from time to time. All produce at a produce farm shall be labeled in accordance with the Act, and 21 CFR 101.5 and 21 CFR 101.7, as amended from time to time. Such standards are limited to growing, harvesting, storing, treatment to manipulate the ripening of produce, and packing, packaging and labeling produce when these activities do not involve additional manufacturing or processing, such as slicing or heating. |
|
(Effective February 10, 2023) |
| Sec. 22-39g-5. Record Keeping |
|
Latest version.
|
|
(a) Each produce farm shall keep its records in compliance with 21 CFR 112, Subpart O, as amended from time to time, and shall make its records available for inspection or copying within twenty-four hours of a request by the commissioner or the commissioner’s designated agent. (b) Each covered farm and CGAP certificate holder shall use a record keeping and coding system for produce to facilitate the effective recall of produce. Such record keeping system shall be capable of tracing produce placed into wholesale or retail distribution back to the produce farm, and specific lot growing location. Records produced pursuant to such system shall be maintained for a period of time that exceeds the expected shelf life of the produce or one year, whichever is longer. Such records shall be made available immediately upon request by the commissioner or the commissioner’s designated agent. |
|
(Effective February 10, 2023) |
| Sec. 22-39g-6. Adulterated and misbranded produce, investigations |
|
Latest version.
|
|
(a) No produce farm shall sell or offer for sale adulterated produce or misbranded produce. (b) The commissioner or the commissioner’s designated agent may investigate any allegation of adulterated produce, misbranded produce, or illness or injury alleged to have been caused by produce grown and offered for sale by a produce farm. Such investigation may include inspection of any area of a produce farm, including equipment, tools, vehicles for holding such produce, and any building under the produce farm’s control where produce is grown, harvested, packed, labeled, or held. Such investigation may include obtaining samples and specimens for laboratory analysis. (c) For purposes of this section and section 22-39g-7 of the Regulations of Connecticut State Agencies, a certificate of analysis, from a laboratory of the Connecticut Department of Public Health, the Connecticut Agricultural Experiment Station, the University of Connecticut, the United States Food and Drug Administration, the United States Department of Agriculture or other accredited laboratory acceptable to the commissioner, shall be considered prima facie evidence of the ingredients and constituents of any sample or specimen submitted for analysis by the commissioner or the commissioner’s designated agent. |
|
(Effective February 10, 2023) |
| Sec. 22-39g-7. Inspections, enforcement, and hearings |
|
Latest version.
|
|
(a) The commissioner or the commissioner’s designated agent may inspect produce at any produce farm where produce is grown, harvested, packed, labeled or held. Such inspection may take place in any farm, field, lot, area, or building where produce is grown, harvested, packed, labeled or held, and may include equipment, tools, and vehicles for holding such produce. Such inspection may include obtaining samples and specimens for laboratory analysis. (b) For purposes of this section and sections 22-39g-1 to 22-39g-6, inclusive, of the Regulations of Connecticut State Agencies, inspection of produce shall include the place or places where a produce farm grows, harvests, packs, labels, or holds produce. (c) Whenever an inspection reveals any violation of section 22-39g of the Connecticut General Statutes, this section, or sections 22-39g-2 to 22-39g-6, inclusive, of the Regulations of Connecticut State Agencies, the commissioner shall notify the owner or operator of the produce farm of such violation in writing and specify the corrective action required to remedy such violation and the deadline by which such action shall be taken. (d) The commissioner may issue any order pursuant to section 22-39g of the Connecticut General Statutes in order to respond to a condition that may present a public health risk, or issue orders necessary to effectuate the purposes of this section, such as orders for the embargo, destruction, quarantine and release of produce. Any order issued by the commissioner shall become effective upon receipt and remain in effect during any appeal of such order to the commissioner. The following shall apply to any order: (1) No person shall remove, dispose of, sell or offer for sale any produce subject to any order issued by the commissioner without the permission of the commissioner or the commissioner’s designated agent. Any person aggrieved by any order of the commissioner may request, in writing, an appeal hearing, which request shall be made and delivered to the commissioner not more than five business days after the issuance of such order. Such appeal shall state specifically any findings to which the aggrieved person objects, and any other grounds for contesting the order. The commissioner or the commissioner’s duly appointed hearing officer shall conduct the hearing not later than five business days after the receipt of the appeal. If no appeal is made pursuant to this subdivision the order shall be deemed a final order of the commissioner. (2) Not later than thirty days following any hearing held pursuant to subsection (d)(1) of this section, the commissioner or the commissioner’s duly appointed hearing officer shall issue a final decision as to whether the person aggrieved by the order complied with the provisions of section 22-39g of the Connecticut General Statutes, this section and sections 22-39g-2 to 22-39g-6, inclusive, of the Regulations of Connecticut State Agencies, and the produce that was the subject of such order is safe for use as food. If the commissioner or the commissioner’s duly appointed hearing officer determines the produce is a public health risk, the commissioner or the commissioner’s duly appointed hearing officer may affirm or modify the order issued pursuant to this section for such produce as they deem proper. The commissioner or the commissioner’s duly authorized agent shall supervise the destruction or other disposition of such produce. If the commissioner or the commissioner's duly appointed hearing officer determines that the produce that was the subject of the order is (A) safe for use as food and does not pose a public health risk, or (B) can be properly packaged, marked or otherwise brought into compliance with the provisions of section 22-39g of the Connecticut General Statutes, this section and sections 22-39g-2 to 22-39g-6, inclusive, of the Regulations of Connecticut State Agencies, the commissioner or commissioner's duly appointed hearing officer may revoke or modify the order as appropriate and authorize the release of such produce. The owner of produce that is released or destroyed shall pay all of the incurred costs of storage, handling, and destruction. (e) Any person aggrieved by a final decision issued pursuant to subsection (d)(2) of this section may appeal therefrom to the Superior Court in New Britain pursuant to chapter 54 of the Connecticut General Statutes. (f) Nothing in this section shall be construed to prevent the commissioner or the commissioner’s designated agent from entering into a stipulated agreement or any other remedy with an aggrieved person which resolves the contested violation or order. |
|
(Effective February 10, 2023) |
| Sec. 22-39g-8. [Reserved] |
|
Latest version.
|
|
(Effective February 10, 2023) |
| Sec. 22-39g-9. [Reserved] |
|
Latest version.
|
|
(Effective February 10, 2023) |
| Sec. 22-39g-10. [Reserved] |
|
Latest version.
|
|
(Effective February 10, 2023) |
| Sec. 22-39g-11. [Reserved] |
|
Latest version.
|
|
(Effective February 10, 2023) |
| Sec. 22-39g-12. [Reserved] |
|
Latest version.
|
|
(Effective February 10, 2023) |
| Sec. 22-39g-13. [Reserved] |
|
Latest version.
|
|
(Effective February 10, 2023) |
| Sec. 22-39g-14. [Reserved] |
|
Latest version.
|
|
(Effective February 10, 2023) |
| Sec. 22-39g-15. [Reserved] |
|
Latest version.
|
|
(Effective February 10, 2023) |