Sec. 22-129. Prohibitions on sale, offering for sale, barter, exchange, distribution or processing. Exceptions. Penalties.

(a) The Commissioner of Agriculture or the commissioner's duly authorized agent shall prohibit the sale or offering for sale or distribution of any cheese, milk or other milk product which is insanitary or detrimental to health, and which has not been produced, processed, cared for or handled in the manner prescribed in this chapter and in chapter 431 and by the regulations of the Milk Regulation Board.

(b) The following are prohibited: (1) The sale, offering for sale or offering for barter or exchange any milk, milk product or cheese that is adulterated, (2) the adulteration of any milk, milk product or cheese, (3) the sale, offering for sale, offering for barter or exchange, manufacturing, distributing or processing any milk, milk product or cheese from any facility not licensed pursuant to section 22-229, or (4) the sale, offering for sale, distributing, offering for barter or exchange any milk for pasteurization, retail raw milk or retail raw milk cheese from any dairy farm not registered pursuant to section 22-172 or 22-173a.

(c) The provisions of this section shall not apply to: (1) The production of milk, milk products, raw milk or raw milk products and the manufacture of cheese for personal consumption or for consumption by immediate family members, or (2) the transfer or exchange of raw milk between persons who are parties to the same shared animal ownership agreement. For purposes of this subsection, “shared animal ownership agreement” means any contractual arrangement in which a person: (A) Acquires an ownership interest in a milk-producing animal, (B) agrees to pay or reimburse another person or otherwise accept financial responsibility for the care and boarding of such milk-producing animal, and (C) is entitled to receive a share of the raw milk produced by such milk-producing animal.

(d) Nothing in this section shall prevent the commissioner from seeking any other remedy provided by law.

(e) Any person who violates any order issued by the commissioner or the commissioner's duly authorized agent pursuant to this section shall, for a first violation, have committed an infraction and, for a second or subsequent violation committed within one year of a prior violation, be guilty of a class A misdemeanor.

(1949 Rev., S. 3211; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 06-41, S. 1; P.A. 09-229, S. 24; P.A. 15-101, S. 1.)

History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-41 replaced “deputy” with “commissioner's duly authorized agent”, prohibited “offering for sale”, specified applicability to cheese and added references to “processed” products and to chapter 431; P.A. 09-229 designated existing provisions as Subsec. (a) and added Subsec. (b) re prohibited practices, Subsec. (c) re exemptions, Subsec. (d) allowing commissioner to seek other remedies provided by law and Subsec. (e) re penalties; P.A. 15-101 amended Subsec. (c) by designating existing provision re production for personal consumption as Subdiv. (1) and adding Subdiv. (2) re transfer or exchange of raw milk between persons who are parties to the same shared animal ownership agreement, effective June 23, 2015.