(a) For the purposes of this section:

(1) “Commissioner” means the Commissioner of Agriculture;

(2) “Department” means the Department of Agriculture;

(3) “Farm” means any place that farming, as defined in subsection (q) of section 1-1, occurs;

(4) “Federal act” means the federal Food, Drug and Cosmetic Act, as amended by the Food Safety Modernization Act, as amended from time to time;

(5) “Produce” means produce, as defined in 21 CFR 112.3; and

(6) “Produce farm” means any farm where the growing, harvesting, packing or holding of produce intended for human consumption occurs.

(b) The department may enforce the rules adopted under the federal act for standards for produce farms provided nothing in this section shall be construed to limit or interfere with the authority of the department or the commissioner pursuant this title or chapters 491 and 492. The commissioner may consult and collaborate with any federal or state agency, municipality or political subdivision of the state concerning application of the provisions of the federal act and the rules adopted pursuant to the federal act, as may be necessary to carry out the provisions of this section, and may enter into cooperative agreements with any such federal or state agency, municipality or political subdivision of the state as the commissioner deems necessary to carry out the provisions of this section.

(c) (1) The department may enter upon and inspect a produce farm that is subject to the requirements of the federal act at a reasonable hour for the purpose of ensuring compliance with (A) the rules adopted under the federal act for produce farms, or (B) any regulation adopted pursuant to this section.

(2) Following any inspection conducted pursuant to subdivision (1) of this subsection, the department may issue an inspection certificate to the produce farm that was the subject of such inspection that shall indicate the date and place of such inspection in addition to any other information that the commissioner deems necessary or appropriate. The department may coordinate with any state or federal agency or organization, municipality or political subdivision of the state to carry out any such inspection during reasonable hours on a produce farm.

(d) The department may conduct an inspection of a produce farm that is not subject to the requirements of the federal act upon request of the owner or operator of such produce farm. Such request for inspection shall authorize the commissioner to inspect such produce farm in accordance with the provisions of the federal act and issue a certificate in accordance with the provisions of subparagraph (2) of subsection (c) of this section.

(e) The department may issue orders necessary to effectuate the purposes of this section, including, but not limited to, orders for the embargo, destruction, quarantine and release of produce, provided nothing in this section shall be construed to limit or interfere with the authority of the Commissioner of Consumer Protection pursuant to chapters 417 and 418 or the department or the commissioner pursuant to this title or chapters 491 and 492. Any person aggrieved by any such order may request a hearing in accordance with the provisions of chapter 54.

(f) Nothing in this section shall be construed to limit the commissioner’s authority to issue an emergency order pursuant to section 22-4d in order to respond to an emergency that may present a public health hazard.

(g) The owner or operator of a produce farm subject to the requirements of the federal act, or any owner or operator who requests an inspection pursuant to subsection (d) of this section, shall maintain records required by the federal act, any rule or regulation adopted pursuant to such federal act concerning produce farming and any regulation adopted pursuant to this section. The owner or operator of such produce farm shall make such records available to the department upon request of the commissioner or the commissioner’s agent.

(h) The commissioner, in consultation with the Commissioners of Public Health and Consumer Protection, may adopt regulations, in accordance with the provisions of chapter 54, that the commissioner deems necessary to implement the provisions of this section and any corresponding requirements under the federal act.

(P.A. 17-208, S. 1.)

History: P.A. 17-208 effective July 1, 2017.