Connecticut General Statutes Title 21A. Consumer Protection § 21a-96. Seizures

(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,  1 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.