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Subchapter 8: Perishable Foods
The council finds that consumers cannot be certain that food offered for sale is fresh or that it will remain fresh for a reasonable period of time after it is purchased. The council particularly recognizes consumer concern with the freshness of foods including, but not limited to, meat, poultry, fish, dairy products, eggs, fruit, vegetables and baked goods. The council further finds that the food industry's practice of controlling food freshness through coded dates has proven inadequate for protection of the public. The council has concluded that a mandatory system of clear and legible dating accompanied by a statement of recommended conditions of storage is the best way to assure consumers of the freshness of the foods that they buy in stores.
It shall be unlawful to sell or offer for sale any perishable food designated by the commissioner in accordance with section 20-686 hereof unless there is stamped, printed or otherwise plainly and conspicuously marked on the top cover or principal panel of its container or any label affixed thereto the statements indicating recommended conditions and methods of storage, and the fact that it is not to be sold after a clearly specified date for human consumption as food.
The commissioner shall promulgate regulations designating those perishable foods which shall come within the scope of section 20-685 of this subchapter wherever the commissioner shall find that because of the nature of the commodity, the mode of packaging or other consideration, such information about the commodity shall be necessary and proper to provide adequate information to the consumer as to the perishable nature of such commodity and conditions of storage.
(a) The commissioner shall receive and evaluate complaints and initiate his or her own investigations relating to these matters and take appropriate action related thereto including stop-sale and stop-removal orders where necessary and proper.
(b) The commissioner shall have the power after reasonable notice and hearing, to determine the reasonableness of any statement or representation as to the date and conditions of storage affixed pursuant to section 20-685 of this subchapter.
Any person, firm, corporation or association or agent or employee thereof, who shall violate any of the provisions of this subchapter or of the regulations promulgated pursuant to section 20-686 shall pay a civil penalty of zero dollars for the first violation, not more than one hundred seventy-five dollars for the second violation and not more than two hundred twenty-five dollars for the third and any subsequent violation; and shall, upon conviction thereof, be punished by a fine of not less than twenty-five nor more than two hundred fifty dollars for each such violation.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2023/151, 11/17/2023, eff. 5/15/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
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