Connecticut 2019 Regular Session

Connecticut Senate Bill SB00233 Compare Versions

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	7	+	General Assembly Substitute Bill No. 233
	8	+	January Session, 2019
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4		-	Substitute Senate Bill No. 233
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6		-	Public Act No. 19-18
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9	14		AN ACT CONCERNING CO TTAGE FOOD PRODUCTS AND THE
10	15		PRODUCTION OF HONEY AND MAPLE SYRUP.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 21a-62b of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2019):
16		-	For the purposes of this section and sections 21a-62c to 21a-62h,
17		-	inclusive:
18		-	(1) "Commissioner" means the Commissioner of Consumer
19		-	Protection or an authorized agent of the commissioner;
20		-	(2) "Cottage food operation" means any person who produces
21		-	cottage food products only in the home kitchen of such person's
22		-	private residential dwelling and only for sale directly to the consumer
23		-	and who does not operate as a food service establishment pursuant to
24		-	section 19a-36 or regulations adopted pursuant to section 21a-101, or a
25		-	food retailer, distributor or manufacturer as defined in subsection (b)
26		-	of section 21a-92 and section 21a-151;
27		-	(3) "Cottage food products" means nonpotentially hazardous baked
28		-	goods, jams, jellies and other nonpotentially hazardous foods
29		-	produced by a cottage food operation. "Cottage food products" does Substitute Senate Bill No. 233
	19	+	Section 1. Section 21a-62b of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	21	+	For the purposes of this section and sections 21a-62c to 21a-62h, 3
	22	+	inclusive: 4
	23	+	(1) "Commissioner" means the Commissioner of Consumer 5
	24	+	Protection or an authorized agent of the commissioner; 6
	25	+	(2) "Cottage food operation" means any person who produces 7
	26	+	cottage food products only in the home kitchen of such person's 8
	27	+	private residential dwelling and only for sale directly to the consumer 9
	28	+	and who does not operate as a food service establishment pursuant to 10
	29	+	section 19a-36 or regulations adopted pursuant to section 21a-101, or a 11
	30	+	food retailer, distributor or manufacturer as defined in subsection (b) 12
	31	+	of section 21a-92 and section 21a-151; 13
	32	+	(3) "Cottage food products" means nonpotentially hazardous baked 14
	33	+	goods, jams, jellies and other nonpotentially hazardous foods 15
	34	+	produced by a cottage food operation. "Cottage food products" does 16
	35	+	not include maple syrup or honey; 17 Substitute Bill No. 233
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31		-	Public Act No. 19-18 2 of 4
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33		-	not include maple syrup or honey;
34		-	(4) "Food service establishment" means any establishment in which
35		-	food is stored, offered for sale, processed or prepared, and includes the
36		-	transportation of any food;
37		-	(5) "Private residential dwelling" means an owner or resident
38		-	occupied dwelling. "Private residential dwelling" does not include any
39		-	group or communal residential setting within any type of structure or
40		-	outbuilding, shed, barn or other similar structure;
41		-	(6) "Home kitchen" means a kitchen designed and intended for use
42		-	by the residents of a home but that is also used by a resident for the
43		-	production of cottage food products and that may contain one or more
44		-	stoves or ovens, which may be a double oven, designed for residential
45		-	use. "Home kitchen" does not include commercial equipment typically
46		-	used for large wholesale manufacturing;
47		-	(7) "Permitted area" means the portion of a private residential
48		-	dwelling that contains a home kitchen where the preparation,
49		-	packaging, storage or handling of cottage food products occurs; and
50		-	(8) "Potentially hazardous food" means a food that requires time
51		-	and temperature control for safety to limit pathogenic microorganism
52		-	growth or toxin formation.
53		-	Sec. 2. (NEW) (Effective October 1, 2019) (a) The preparation,
54		-	packaging, labeling and sale of honey and maple syrup produced in
55		-	this state shall not be subject to the provisions of sections 21a-91 to 21a-
56		-	120, inclusive, and sections 21a-151 to 21a-160, inclusive, of the general
57		-	statutes and shall be under the licensing, inspection and enforcement
58		-	authority of the Commissioner of Agriculture and the commissioner's
59		-	authorized agents.
60		-	(b) The Commissioner of Agriculture shall adopt regulations, in Substitute Senate Bill No. 233
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	42	+	(4) "Food service establishment" means any establishment in which 18
	43	+	food is stored, offered for sale, processed or prepared, and includes the 19
	44	+	transportation of any food; 20
	45	+	(5) "Private residential dwelling" means an owner or resident 21
	46	+	occupied dwelling. "Private residential dwelling" does not include any 22
	47	+	group or communal residential setting within any type of structure or 23
	48	+	outbuilding, shed, barn or other similar structure; 24
	49	+	(6) "Home kitchen" means a kitchen designed and intended for use 25
	50	+	by the residents of a home but that is also used by a resident for the 26
	51	+	production of cottage food products and that may contain one or more 27
	52	+	stoves or ovens, which may be a double oven, designed for residential 28
	53	+	use. "Home kitchen" does not include commercial equipment typically 29
	54	+	used for large wholesale manufacturing; 30
	55	+	(7) "Permitted area" means the portion of a private residential 31
	56	+	dwelling that contains a home kitchen where the preparation, 32
	57	+	packaging, storage or handling of cottage food products occurs; and 33
	58	+	(8) "Potentially hazardous food" means a food that requires time 34
	59	+	and temperature control for safety to limit pathogenic microorganism 35
	60	+	growth or toxin formation. 36
	61	+	Sec. 2. Section 21a-24b of the general statutes is repealed and the 37
	62	+	following is substituted in lieu thereof (Effective October 1, 2019): 38
	63	+	(a) As used in this section, "residential farm" means property (1) 39
	64	+	being utilized as a farm, as defined in subsection (q) of section 1-1, as 40
	65	+	amended by this act, and (2) serving as the primary residence of the 41
	66	+	owner of such property. 42
	67	+	(b) Notwithstanding the provisions of sections 21a-91 to 21a-120, 43
	68	+	inclusive, and any regulations adopted thereunder, the preparation 44
	69	+	and sale of maple syrup on a residential farm shall be allowed in a 45
	70	+	room used as living quarters and shall be exempt from inspection by 46
	71	+	any state or local agency. Each container of maple syrup offered for 47 Substitute Bill No. 233
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64		-	accordance with the provisions of chapter 54 of the general statutes, for
65		-	the oversight of the production of honey and maple syrup by any
66		-	person. Such regulations may include, but shall not be limited to, the
67		-	establishment of a license for such honey and maple syrup producers
68		-	and the establishment of required best practices for the limiting of
69		-	pathogenic microorganism growth or toxin formation.
70		-	Sec. 3. Subsection (q) of section 1-1 of the general statutes is repealed
71		-	and the following is substituted in lieu thereof (Effective October 1,
72		-	2019):
73		-	(q) Except as otherwise specifically defined, the words "agriculture"
74		-	and "farming" shall include cultivation of the soil, dairying, forestry,
75		-	raising or harvesting any agricultural or horticultural commodity,
76		-	including the raising, shearing, feeding, caring for, training and
77		-	management of livestock, including horses, bees, the production of
78		-	honey, poultry, fur-bearing animals and wildlife, and the raising or
79		-	harvesting of oysters, clams, mussels, other molluscan shellfish or fish;
80		-	the operation, management, co nservation, improvement or
81		-	maintenance of a farm and its buildings, tools and equipment, or
82		-	salvaging timber or cleared land of brush or other debris left by a
83		-	storm, as an incident to such farming operations; the production or
84		-	harvesting of maple syrup or maple sugar, or any agricultural
85		-	commodity, including lumber, as an incident to ordinary farming
86		-	operations or the harvesting of mushrooms, the hatching of poultry, or
87		-	the construction, operation or maintenance of ditches, canals,
88		-	reservoirs or waterways used exclusively for farming purposes;
89		-	handling, planting, drying, packing, packaging, processing, freezing,
90		-	grading, storing or delivering to storage or to market, or to a carrier for
91		-	transportation to market, or for direct sale any agricultural or
92		-	horticultural commodity as an incident to ordinary farming
93		-	operations, or, in the case of fruits and vegetables, as an incident to the
94		-	preparation of such fruits or vegetables for market or for direct sale. Substitute Senate Bill No. 233
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98		-	The term "farm" includes farm buildings, and accessory buildings
99		-	thereto, nurseries, orchards, ranges, greenhouses, hoophouses and
100		-	other temporary structures or other structures used primarily for the
101		-	raising and, as an incident to ordinary farming operations, the sale of
102		-	agricultural or horticultural commodities. The term "aquaculture"
103		-	means the farming of the waters of the state and tidal wetlands and the
104		-	production of protein food, including fish, oysters, clams, mussels and
105		-	other molluscan shellfish, on leased, franchised and public underwater
106		-	farm lands. Nothing herein shall restrict the power of a local zoning
107		-	authority under chapter 124.
	78	+	sale on such farm shall have on its label, in ten-point type: "Not 48
	79	+	prepared in a government-inspected kitchen." 49
	80	+	(c) The Department of Agriculture shall be responsible for the 50
	81	+	enforcement of the provisions of this section. 51
	82	+	Sec. 3. Section 21a-24 of the general statutes is repealed and the 52
	83	+	following is substituted in lieu thereof (Effective October 1, 2019): 53
	84	+	(a) As used in this section, "honey" means the natural product of the 54
	85	+	honey bee taken from the nectar of flowers, transformed by such bee, 55
	86	+	taken from the honeycomb and marketed in a liquid, candied or 56
	87	+	granulated condition. 57
	88	+	(b) No person who sells, exposes or offers for sale any product or 58
	89	+	article which does not contain honey as an ingredient, shall use the 59
	90	+	word honey or any combination of words including the word honey 60
	91	+	on the label or in the brand name of such product or article. No person 61
	92	+	who sells, exposes or offers for sale any product or article which is 62
	93	+	made from honey and any other substance, compound or mixture shall 63
	94	+	use the word honey or any combination of words including the word 64
	95	+	honey on the label or in the brand name of such product or article 65
	96	+	except when said word is printed in the same size type as are the other 66
	97	+	ingredients of such product or article. 67
	98	+	(c) Any person who violates any provision of this section shall be 68
	99	+	imprisoned not more than six months or fined not more than five 69
	100	+	hundred dollars or both. 70
	101	+	(d) The Department of Agriculture shall be responsible for the 71
	102	+	enforcement of the provisions of this section. 72
	103	+	Sec. 4. Subsection (q) of section 1-1 of the general statutes is repealed 73
	104	+	and the following is substituted in lieu thereof (Effective October 1, 74
	105	+	2019): 75
	106	+	(q) Except as otherwise specifically defined, the words "agriculture" 76 Substitute Bill No. 233
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	113	+	and "farming" shall include cultivation of the soil, dairying, forestry, 77
	114	+	raising or harvesting any agricultural or horticultural commodity, 78
	115	+	including the raising, shearing, feeding, caring for, training and 79
	116	+	management of livestock, including horses, bees, the production of 80
	117	+	honey, poultry, fur-bearing animals and wildlife, and the raising or 81
	118	+	harvesting of oysters, clams, mussels, other molluscan shellfish or fish; 82
	119	+	the operation, management, conservation, improvement or 83
	120	+	maintenance of a farm and its buildings, tools and equipment, or 84
	121	+	salvaging timber or cleared land of brush or other debris left by a 85
	122	+	storm, as an incident to such farming operations; the production or 86
	123	+	harvesting of maple syrup or maple sugar, or any agricultural 87
	124	+	commodity, including lumber, as an incident to ordinary farming 88
	125	+	operations or the harvesting of mushrooms, the hatching of poultry, or 89
	126	+	the construction, operation or maintenance of ditches, canals, 90
	127	+	reservoirs or waterways used exclusively for farming purposes; 91
	128	+	handling, planting, drying, packing, packaging, processing, freezing, 92
	129	+	grading, storing or delivering to storage or to market, or to a carrier for 93
	130	+	transportation to market, or for direct sale any agricultural or 94
	131	+	horticultural commodity as an incident to ordinary farming 95
	132	+	operations, or, in the case of fruits and vegetables, as an incident to the 96
	133	+	preparation of such fruits or vegetables for market or for direct sale. 97
	134	+	The term "farm" includes farm buildings, and accessory buildings 98
	135	+	thereto, nurseries, orchards, ranges, greenhouses, hoophouses and 99
	136	+	other temporary structures or other structures used primarily for the 100
	137	+	raising and, as an incident to ordinary farming operations, the sale of 101
	138	+	agricultural or horticultural commodities. The term "aquaculture" 102
	139	+	means the farming of the waters of the state and tidal wetlands and the 103
	140	+	production of protein food, including fish, oysters, clams, mussels and 104
	141	+	other molluscan shellfish, on leased, franchised and public underwater 105
	142	+	farm lands. Nothing herein shall restrict the power of a local zoning 106
	143	+	authority under chapter 124. 107
	144	+	This act shall take effect as follows and shall amend the following
	145	+	sections:
	146	+	Substitute Bill No. 233
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	153	+	Section 1 October 1, 2019 21a-62b
	154	+	Sec. 2 October 1, 2019 21a-24b
	155	+	Sec. 3 October 1, 2019 21a-24
	156	+	Sec. 4 October 1, 2019 1-1(q)
	157	+
	158	+	ENV Joint Favorable Subst.
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