Connecticut General Statutes/Title 21a/Chapter 418/Section 21a-96

CGS § 21a-96. (Formerly Sec. 19-216). Embargo, confiscation, destruction and fine.

(a) Whenever the commissioner or the commissioner's authorized agent finds, or has probable cause to believe, that any food, drug, device or cosmetic is offered or exposed for sale, or held in possession with intent to distribute or sell, or is intended for distribution or sale in violation of any provision of this chapter, whether such article is in the custody of a common carrier or any other person, the commissioner or such agent may affix to such article a tag or other appropriate marking, giving written notice, prior to or at the time such article is embargoed, that such article is, or is suspected of being, in violation of this chapter and has been, or shall be, embargoed. Not later than twenty-one days after an embargo has been placed upon any article, unless the commissioner extends the embargo period based upon a reinspection which indicates the continuation of violation, the commissioner shall remove the embargo or bring a summary proceeding pursuant to chapter 54, or institute a civil action in the Superior Court, to embargo such article. No person shall alter, open, remove or dispose of such embargoed article by sale or otherwise without the permission of the commissioner or the commissioner's authorized agent, or, after a summary proceeding has been brought or a civil action has been instituted, without permission from the hearing officer or the court. If the embargo is removed by the commissioner, hearing officer or court, the commissioner, hearing officer and the state shall not be held liable for damages because of such embargo if the hearing officer or court finds that there was probable cause for the embargo.

(b) Summary proceedings brought in accordance with this section shall be by complaint in the name of the commissioner against the person who has custody of the article to be embargoed.

(c) The complaint shall contain: (1) A particular description of the article, (2) the name of the place where the article is located, (3) the name of the person in whose possession or custody the article was found, if such name is known to the person making the complaint or can be ascertained by reasonable effort, and (4) a statement as to the manner in which the article is adulterated or misbranded or the characteristics which render its distribution or sale illegal.

(d) If, upon the hearing, it appears that the article was offered or exposed for sale, or had in possession with intent to distribute or sell, or was intended for distribution or sale, in violation of any provision of this chapter, the article may be confiscated by the Department of Consumer Protection or ordered by the hearing officer or court to be destroyed by the respondent or defendant in a manner prescribed by such hearing officer or court. No such article shall be sold contrary to any provision of this chapter. In the event of an adverse ruling against the respondent or defendant, the respondent or defendant shall be liable for all costs and expenses incurred by the department in investigating, containing, removing, monitoring, mitigating and disposing of the embargoed product as well as any legal expenses associated therewith. The proceeds of any sale, less the legal costs and charges, shall be paid into the State Treasury.

(e) Whenever the commissioner or any of the commissioner's authorized agents finds, in any room, building, other structure or vehicle of transportation, any meat, seafood, poultry, vegetable, fruit or other perishable article which is unsound, or contains any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the commissioner, or the commissioner's authorized agent, shall forthwith embargo or destroy the same, or in any other manner render the same unsalable as a human food.

(f) Whenever the commissioner or any of the commissioner's authorized agents finds, in any room, building, other structure or vehicle of transportation, any drug or device, as defined in section 21a-92, or drug paraphernalia, as defined in section 21a-240, which is adulterated or insanitary, is produced, packed or held under insanitary conditions, is unsafe or not shown to be safe, may be contaminated by filth or may be deleterious or injurious to health, the commissioner, or the commissioner's authorized agent, shall forthwith embargo or destroy such drug, device or drug paraphernalia or in any other manner render such drug, device or drug paraphernalia unsalable.

(g) The commissioner may, after notice and hearing, impose a civil penalty of not more than five thousand dollars for each separate offense on any person who removes any tag or other appropriate marking affixed to an article, or who offers or exposes an article for sale, which has been embargoed in accordance with the provisions of this section, without the permission of the commissioner or the commissioner's agent.

Short History

(1949 Rev., S. 3934; 1959, P.A. 28, S. 61; P.A. 74-40, S. 1, 2; 74-183, S. 227, 291; P.A. 76-436, S. 196, 681; P.A. 86-339, S. 1; P.A. 07-217, S. 96; P.A. 24-142, S. 17.)

Long History

History: 1959 act deleted references to local justices and town, police or city court or the judges thereof, placing jurisdiction in the circuit court; P.A. 74-40 changed time for removal of embargo or summary proceeding from within 12 to within 21 days of placing embargo in Subsec. (a); P.A. 74-183 replaced circuit court with court of common pleas in Subsec. (b), effective December 31, 1974; P.A. 76-436 deleted Subsec. (b) re jurisdiction of court of common pleas to hear and determine proceedings, redesignated remaining Subsecs. accordingly and clarified that proceedings are before superior court in Subsec. (b) (formerly (c)), effective July 1, 1978; Sec. 19-216 transferred to Sec. 21a-96 in 1983; P.A. 86-339 added Subsec. (k) authorizing commissioner to impose a civil penalty; P.A. 07-217 made a technical change in Subsec. (c), effective July 12, 2007; P.A. 24-142 substantially amended Subsec. (a) including by specifying that embargo notice shall be provided in writing and in advance and commissioner may bring summary proceeding pursuant to Ch. 54 or institute civil action in superior court, substantially amended Subsec. (b) including by substituting provision re summary proceedings for provision re proceedings before superior court, deleting provision re affidavit and substituting provision re embargo for provision re confiscation, deleted former Subsecs. (d) to (g) re warrant for seizure, redesignated existing Subsec. (h) as Subsec. (d) and substantially amended same including by adding provisions re hearing officer and court and liability of respondent or defendant for costs and expenses, deleted former Subsec. (i) re bond and supervision, redesignated existing Subsec. (j) as Subsec. (e), added new Subsec. (f) re drugs, devices and drug paraphernalia, redesignated existing Subsec. (k) as Subsec. (g) and amended same by increasing maximum fine from $500 to $5,000, adding provision re offering or exposing article for sale and deleting provision re condemnation, and made technical and conforming changes in Subsecs. (a) and (b) and redesignated Subsecs. (d), (e) and (g), effective June 6, 2024.

Citations

Annotation to former section 19-216:

Cited. 179 C. 471.

Annotation to present section:

Cited. 224 C. 29.

PreviousCGS § 21a-95. (Formerly Sec. 19-215). Penalties.NextCGS § 21a-97. (Formerly Sec. 19-217). Prosecution for violation. Hearing before report of criminal violation.