Sec.22-39g-7. Inspections, enforcement, and hearings

(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)