FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Jack Trifero,
Complainants
against Docket #FIC 1998-083
Commissioner, State of Connecticut,
Department of Consumer Protection;
and State of Connecticut, Department
of Consumer Protection,
Respondents September 9, 1998
	The above-captioned matter was heard as a contested case on May 12, 1998, at 
which time the complainant and the respondents appeared, stipulated to certain facts and 
presented testimony, exhibits and argument on the complaint.  
	After consideration of the entire record, the following facts are found and 
conclusions of law are reached:
	1.   The respondents are public agencies within the meaning of 1-18a(1), G.S. 
	2.   By letter dated March 10, 1998, the complainant requested that the 
respondents provide him with copies of all records associated with inspections of 
Varnum’s Pharmacy in New Canaan for the period from January to November, 1997.
	3.   By letter dated March 16, 1998, the respondents denied the complainant’s 
request, citing 20-578, G.S.  
	4.   By letter dated March 26, 1998 and filed with the Commission on March 31, 
1998, the complainant alleged that the respondent violated the Freedom of Information 
(“FOI”) Act by denying him copies of  the requested records. 
 
	5.   It is found that the requested records are public records within the meaning of 
1-18a(5), G.S. and 1-19(a), G.S.
	6.   Section 1-19(a), G.S., provides in relevant part:
[e]xcept as otherwise provided by any federal law or state 
statute, all records maintained…by any public agency…shall 
be public records and every person shall have the right to… 
receive a copy of such records….
	7.   Section 20-578, G.S., in relevant part provides:
[i]nformation received by the Department of Public Health, 
Department of Consumer Protection or Commission of 
Pharmacy through filed reports or inspection or as otherwise 
authorized under chapters 418 and 420b and sections 20-570 
to 20-625, inclusive, shall not be disclosed publicly in such a 
manner as to identify individuals or institutions, except in a 
proceeding involving the question of licensure or right to 
practice.  Nothing in this section shall be construed to 
prohibit the Commissioner of Consumer Protection from 
disclosing information gained through the inspection of 
pharmacies and outlets holding permits for the sale of 
nonlegend drugs if the commissioner considers such 
disclosure to be in the interest of public health.
	8.   It is found that the requested records comprise information received by the 
respondents through filed reports or inspections within the meaning of 20-578, G.S., 
and that such records do not concern nonlegend drugs.  It is further found the request 
described in paragraph 2, above, was not made in the context of a licensing or right to 
practice proceeding. 
	9.   It is concluded that 20-578, G.S., mandates that the requested records shall 
not be disclosed under the facts and circumstances of this case.  Therefore, it is further 
concluded that the respondents did not violate 1-19(a), G.S., by denying the complainant 
copies of such records.
	The following order by the Commission is hereby recommended on the basis of 
the record concerning the above-captioned complaint:
	1.   The complaint is hereby dismissed.  
	Approved by Order of the Freedom of Information Commission at its regular meeting of 
September 9, 1998.


_________________________
Doris V. Luetjen
Acting Clerk of the Commission

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF 
EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO 
THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR 
AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
Jack Trifero
1006 Silvermine Road
New Canaan, CT 06840
Commissioner, State of Connecticut, 
Department of Consumer Protection; 
and State of Connecticut, Department 
of Consumer Protection,
c/o Garry Desjardins
Assistant Attorney General
110 Sherman St. - MacKenzie Hall
Hartford, CT 06105





__________________________
Doris V. Luetjen
Acting Clerk of the Commission




FIC1998-083/FD/mrb09151998