Regulations of Connecticut State Agencies
(a) The operator of any food establishment who in good faith and for valid and sufficient reasons finds it impossible to comply with certain of Sections 21a-101-1 to 21a-101-8, inclusive, of the Regulations of Connecticut State Agencies may, within 90 days of the effective date of Sections 21a-101-1 to 21a-101-8, inclusive, of the Regulations of Connecticut State Agencies, make written application to the commissioner for dispensation therefrom. Such dispensation will be permitted only if the establishment is maintained in the highest possible state of repair and is capable of being maintained in a sanitary condition.
(b) Food establishments constructed after the effective date of Sections 21a-101-1 to 21a-101-8, inclusive, of the Regulations of Connecticut State Agencies and establishments which are extensively altered after said date shall strictly comply with Sections 21a-101-1 to 21a-101-8, inclusive, of the Regulations of Connecticut State Agencies.
(c) Sections 21a-101-1 to 21a-101-8, inclusive, of the Regulations of Connecticut State Agencies shall not apply to the direct sale of produce at farmers' roadside stands provided that such roadside stands shall not market or offer for sale any type of potentially hazardous foods unless they meet the sanitary standards prescribed in Sections 21a-101-1 to 21a-101-8, inclusive, of the Regulations of Connecticut State Agencies.
(d) All food establishments within this state shall be subject to periodic investigations by inspectors duly authorized by the commissioner. Following the completion of an investigation, the inspector shall file a written report of his findings. A copy of this report will be left with the operator or an authorized representative of the food establishment so investigated.
(e) Failure by any food establishment to fully comply with all corrective actions recommended by an inspector shall cause all food products stored or offered for sale therein to be deemed to be "adulterated" within the meaning of Section 21a-101 of the Connecticut General Statutes. The sale of such adulterated food shall subject the operator of such food establishment to the penalties enumerated in Section 21a-95 of the Connecticut General Statutes.
(f) Prior to reporting any violation to a prosecuting attorney, the commissioner or his duly authorized representative shall notify the operator in writing, advising him of the reasons for which such disciplinary action is being contemplated. The notice shall specify a time, date and place for an informal hearing before the commissioner to be held pursuant to the provisions of Section 21a-97 (b) of the Connecticut General Statutes.
(g) At the hearing the respondent will be given an adequate opportunity to be heard and to show why disciplinary action is not warranted. The respondent may be accompanied by counsel, if he so chooses.
(h) If the respondent offers no satisfactory explanation for his failure to eliminate the alleged unsanitary conditions, the violations will be duly reported to a prosecuting attorney for the institution of criminal proceedings.
(i) The commissioner is additionally authorized to apply to the Superior Court for a temporary and permanent injunction restraining the respondent from further violations of the Uniform Food, Drug and Cosmetic Act, whether or not there exists an adequate remedy at law. This authority is derived from Section 21a-94 of the Connecticut General Statutes.
(j) Any person allegedly aggrieved by the decision of the commissioner at such a hearing may appeal the decision by initiating appropriate proceedings in the Superior Court for the judicial district of Hartford.
(Effective June 22, 1990; Amended September 1, 2005)