(a) If food becomes adulterated pursuant to section 21a-101, the person who maintained physical custody of the food at the time the food became adulterated shall be liable for all costs and expenses incurred by the Department of Consumer Protection in investigating, containing, removing, monitoring, mitigating and disposing of such adulterated food, as well as any associated legal expenses. If such adulteration was caused by the discharge, spillage or uncontrolled loss of a food product, the person who maintained physical custody of the food at the time the food became adulterated shall be liable for all associated costs and expenses of cleanup and disposal. Upon request of the Commissioner of Consumer Protection, the Attorney General may bring a civil action to recover all such costs and expenses.

(b) In accordance with sections 21a-116 and 21a-118, the commissioner or the commissioner’s authorized agent may investigate and take samples of foods. In addition to the seizure powers granted to the commissioner pursuant to section 21a-96, the commissioner or the commissioner’s authorized agent may seize, condemn, destroy, or in any other manner render unsalable, any adulterated foods he or she deems to be poisonous, deleterious to public health or otherwise unsafe.

(c) If the person who maintained physical custody of the food at the time the food became adulterated cannot be reasonably identified or contacted by the department, the commissioner may contract with a third party to contain, remove and dispose of the adulterated food to mitigate the impact on public health and safety.

(P.A. 17-77, S. 13.)

History: P.A. 17-77 effective July 1, 2017.