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House Bill No. 5278

PUBLIC ACT NO. 96-55

AN ACT CONCERNING THE REGULATION OF MILK.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22-133 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) To assure the consumers of the state milk products of at least standard quality, and to assure to the residents of Connecticut an adequate and regular supply of such milk at all times, the Milk Regulation Board shall adopt regulations in accordance with the provisions of chapter 54, which may include, but not be limited to, definitions, standards of identity, production, transportation, processing, handling, sampling, examination, grading, labeling, regrading and sale of milk and milk products. THE MILK REGULATION BOARD MAY ADOPT REGULATIONS WHICH INCORPORATE BY REFERENCE THE PROVISIONS OF THE FEDERAL PASTEURIZED MILK ORDINANCE PROMULGATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION PROVIDED SUCH REGULATIONS SHALL BE CONSISTENT WITH ANY REGULATIONS ADOPTED UNDER SECTION 22-211a, AS AMENDED BY SECTION 2 OF THIS ACT, AND FURTHER PROVIDED SUCH REGULATIONS MAY BY REFERENCE SPECIFICALLY INCORPORATE ANY FUTURE AMENDMENT TO SAID ORDINANCE. The board may by regulation establish standards for inspection of pasteurizing plants, and farms supplying such plants, to preserve the public health and maintain the economic status of Connecticut producers. In exercising its authority, the board shall consider (1) the welfare of the milk producer, the milk dealer and the consuming public, and the need to maintain a constant and adequate supply of fluid milk of at least standard quality; (2) the recommended methods promulgated by recognized authorities for the production, handling and transportation of fluid milk and milk products, and additional methods for the production, handling and transportation of milk; (3) the recommended methods promulgated by recognized authorities for dairy plant operations in the handling, storage, processing, bottling and labeling of all grades and types of milk, cream and milk products, together with the quality of the dairy products and materials, if any, used in the processing of such products; (4) the healthfulness and quality of all grades and types of milk, cream and milk products, when said board may be guided by recommendations promulgated by recognized authorities on health and nutrition; (5) whether or not the various grades, such as grade A milk, and types, such as homogenized, pasteurized, vitamin D and vitamin-mineral-fortified milk, flavored milks, low-fat milk or skimmed milk, handled by a dealer, may be handled, processed, advertised, offered for sale or sold without false advertising, deception, fraud or misrepresentation; (6) the necessity for clearly distinguishing whole milk, low-fat milk and skimmed milk in the labeling of such milk so as to prevent confusion, deception and misrepresentation; (7) the standards for maintaining the economic status of Connecticut producers and supply and demand factors for inspecting farms and plants provided by sections 22-175 to 22-180, inclusive, 22-182, 22-183, 22-184 and 22-195; (8) other economic considerations applicable to inspection of farms and plants such as, but not limited to, distance from the Connecticut market; adequacy of pasteurization facilities within the state and in towns, cities or boroughs adjoining the state boundary line; the quantities of milk which normally are consumed in the Connecticut market and the current trends in that consumption, seasonal and others; the frequency with which current inspections are made and the personnel and other resources available for such inspections; the effects additional inspections will have on the rigor of such inspections, and their cost and efficiency; the quantities of milk which would be available from different sources; the relative accessibility of different sources and the relative ease with which milk may be transported from such sources; the seasonal patterns of production and milk deliveries at different sources; the economic standards for inspecting farms and plants that apply in other adjacent areas; the time which would be required to deliver milk to the Connecticut market from different sources, and the reliability of different sources both from the standpoint of quality and quantity of milk; (9) the sanitary standards, requirements and procedures recommended by the United States Department of Health and Human Services in the Grade A Pasteurized Milk Ordinance.

(b) The regulations adopted pursuant to subsection (a) of this section shall ensure substantial compliance with the health and sanitation provisions of the Grade A Pasteurized Milk Ordinance recommended by the United States Department of Health and Human Services, Milk Safety Branch.

Sec. 2. Section 22-211a of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Agriculture may adopt, and from time to time revise and amend, regulations, in accordance with the provisions of chapter 54, necessary and appropriate to effectuate the policy and provisions of this part or any ruling or order issued hereunder. The commissioner shall have power to exempt from any regulation issued hereunder all dealers selling not more than three hundred quarts of milk per month. THE COMMISSIONER MAY ADOPT REGULATIONS WHICH INCORPORATE BY REFERENCE THE PROVISIONS OF THE FEDERAL PASTEURIZED MILK ORDINANCE PROMULGATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION PROVIDED SUCH REGULATIONS SHALL BE CONSISTENT WITH ANY REGULATIONS ADOPTED UNDER SECTION 22-133, AS AMENDED BY SECTION 1 OF THIS ACT, AND FURTHER PROVIDED SUCH REGULATIONS MAY BY REFERENCE SPECIFICALLY INCORPORATE ANY FUTURE AMENDMENT TO SAID ORDINANCE.

Approved May 7, 1996. Effective October 1, 1996.

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