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General Assembly Raised Bill No. 5105
February Session, 2020
LCO No. 968
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING RE VISIONS TO THE CONNECTICUT-GROWN
PROGRAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (13) of section 22-6g of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2020): 3
(13) "Fresh produce" means fruits and vegetables that have not been 4
processed in any manner and chicken eggs; 5
Sec. 2. Section 22-6q of the general statutes is repealed and the 6
following is substituted in lieu thereof (Effective October 1, 2020): 7
(a) There is established the Connecticut Farmers' Market/Senior 8
Nutrition Program which shall be provided for from funds available to 9
the commissioner and from other sources as such funds may become 10
available. The program shall supply Connecticut-grown fresh produce 11
to senior participants through the distribution of vouchers that are 12
redeemable only at designated Connecticut farmers' markets. For 13
purposes of this section, a "senior participant" is defined as a person who 14 Raised Bill No. 5105
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is sixty years of age or older and is currently residing in elderly housing, 15
or is a participant of a registered congregate meal site, or has been 16
identified by a municipal elderly agent as being at nutritional risk. The 17
program is designed to provide both a supplemental source of fresh 18
produce for the dietary needs of seniors who are judged to be at 19
nutritional risk and to stimulate an increased demand for Connecticut-20
grown produce at Connecticut farmers' markets. For purposes of this 21
section, "fresh produce" means fruits and vegetables that have not been 22
processed in any manner and chicken eggs. 23
(b) The program shall be administered by the Commissioner of 24
Agriculture who shall maintain all conditions for its operations. 25
Sec. 3. Section 22-38 of the general statutes is repealed and the 26
following is substituted in lieu thereof (Effective October 1, 2020): 27
(a) For purposes of this section, "farm products" means products 28
resulting from the practice of agriculture or farming, as defined in 29
section 1-1 and "Connecticut-[Grown] grown" or CT-Grown means 30
produce and other farm products that have a traceable point of origin 31
within Connecticut. 32
(b) Only farm products grown or produced in Connecticut shall be 33
advertised or sold in Connecticut as "Connecticut-[Grown] grown" or 34
"CT-Grown". [Farm products grown or produced in Connecticut may be 35
advertised or sold in Connecticut as "Native", "Native-Grown", "Local" 36
or "Locally-Grown". Farm products grown or produced within a ten-37
mile radius of the point of sale for such farm products may be advertised 38
or sold in Connecticut as "Native", "Native-Grown", "Local", or "Locally-39
Grown".] Any person, firm, partnership or corporation advertising or 40
labeling farm products as ["Native", "Native-Grown", "Local", "Locally-41
Grown", or] "Connecticut-[Grown] grown" or "CT-Grown" shall be 42
required to furnish written proof within ten days of the sale of such 43
products that such products were grown or produced in Connecticut [or 44
within a ten-mile radius of the point of sale, as applicable,] if requested 45
to do so by the Commissioner of Agriculture or said commissioner's 46 Raised Bill No. 5105
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designee. Any person who violates any provision of this subsection shall 47
be fined not more than one hundred dollars for each product label in 48
violation of this subsection. 49
(c) In addition to the provisions of subsection (b) of this section, any 50
person who sells any farm product as "Connecticut-[Grown] grown" or 51
"CT-Grown" at a farmers' market in this state shall offer such product 52
for sale in the immediate proximity of a sign that is: (1) Readily visible 53
to consumers, (2) not less than three inches by five inches in size, and (3) 54
in a form that is substantially as follows: 55
[THIS FARM PRODUCT IS ] CONNECTICUT -GROWN FARM 56
PRODUCT. [THIS FARM PRODUCT WAS GROWN OR PRODUCED 57
BY THE FOLLOWING PERSON OR BUSINESS: ( ] INSERT THE NAME 58
AND [ADDRESS OF PERSON OR BUSINESS) ] THE TOWN FOR THE 59
FARM OF ORIGIN. 60
The lettering on any such sign shall be of a size, font or print that is 61
clearly and easily legible. Such a sign shall accompany each type of farm 62
product that any such person sells as "Connecticut-[Grown] grown" or 63
"CT-Grown". Any person who violates the provisions of this subsection 64
shall receive a warning for the first violation and for any subsequent 65
violation shall be fined one hundred dollars for each violation. 66
Sec. 4. Section 22-39f of the general statutes is repealed and the 67
following is substituted in lieu thereof (Effective October 1, 2020): 68
Any person who fails to comply with the provisions of sections 22-69
39a to 22-39e, inclusive, section 22-39g, any regulation adopted pursuant 70
to subsection (h) of section 22-39g or who obstructs or hinders the 71
Commissioner of Agriculture or the [Commissioner of Consumer 72
Protection or any of their] commissioner's authorized agents in the 73
performance of their duties under the provisions of said sections, shall 74
be fined [not less than twenty-five dollars or more than] fifty dollars for 75
the first offense and [not less than one hundred dollars or more than] 76
two hundred dollars for each subsequent offense. In addition to such 77
fine, the Commissioner of Agriculture is authorized to deny, suspend or 78 Raised Bill No. 5105
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revoke [the] any license, permit certificate or registration provided for 79
in said sections issued to such person, in accordance with the provisions 80
of chapter 54. 81
Sec. 5. Section 22-47 of the general statutes is repealed and the 82
following is substituted in lieu thereof (Effective October 1, 2020): 83
Producers selling eggs of their own producing direct to household 84
users are exempt from the provisions of this part provided (1) such eggs 85
are clean, stored at an ambient air temperature of not greater than forty-86
five degrees Fahrenheit and are not adulterated, and (2) the label for 87
such eggs contains the producer's name and address, the type of eggs, if 88
not chicken eggs, the quantity of eggs, safe food handling instructions 89
and such label is not otherwise misleading or false and makes no claim 90
of grade or quality. All types of shippers selling eggs to a first receiver 91
who will grade them into the proper size and grade before reselling are 92
exempt from the provisions of this part. 93
Sec. 6. Section 22-61j of the general statutes is repealed and the 94
following is substituted in lieu thereof (Effective October 1, 2020): 95
Any person who violates the provisions of sections 22-61c to 22-61f, 96
inclusive, [shall be guilty of a class D misdemeanor and] shall be fined 97
one hundred dollars for the first offense and two hundred dollars for 98
each subsequent offense. 99
Sec. 7. Subsection (a) of section 22-4c of the general statutes is 100
repealed and the following is substituted in lieu thereof (Effective October 101
1, 2020): 102
(a) The Commissioner of Agriculture may: (1) Adopt, amend or 103
repeal, in accordance with the provisions of chapter 54, such standards, 104
criteria and regulations, and such procedural regulations as are 105
necessary and proper to carry out the commissioner's functions, powers 106
and duties; (2) enter into contracts with any person, firm, corporation or 107
association to do all things necessary or convenient to carry out the 108
functions, powers and duties of the department; (3) initiate and receive 109 Raised Bill No. 5105
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complaints as to any actual or suspected violation of any statute, 110
regulation, permit or order administered, adopted or issued by the 111
commissioner. The commissioner may hold hearings, administer oaths, 112
take testimony and subpoena witnesses and evidence, enter orders and 113
institute legal proceedings including, but not limited to, suits for 114
injunctions and for the enforcement of any statute, regulation, order or 115
permit administered, adopted or issued by the commissioner. The 116
commissioner or the commissioner's agent may issue a citation in 117
accordance with section 51-164n for any infraction or violation 118
established in any provision of the general statutes under the 119
commissioner's authority; (4) provide an advisory opinion, upon 120
request of any municipality, state agency, tax assessor or any landowner 121
as to what constitutes agriculture or farming pursuant to subsection (q) 122
of section 1-1, or regarding classification of land as farm land or open 123
space land pursuant to sections 12-107b to 12-107f, inclusive; (5) in 124
accordance with constitutional limitations, enter at all reasonable times, 125
without liability, upon any public or private property, except a private 126
residence, for the purpose of inspection and investigation to ascertain 127
possible violations of any statute, regulation, order or permit 128
administered, adopted or issued by the commissioner and the owner, 129
managing agent or occupant of any such property shall permit such 130
entry, and no action for trespass shall lie against the commissioner for 131
such entry, or the commissioner may apply to any court having criminal 132
jurisdiction for a warrant to inspect such premises to determine 133
compliance with any statute, regulation, order or permit or methods of 134
manufacture or production ascertained by the commissioner during, or 135
as a result of, any inspection, investigation or hearing; (6) undertake any 136
studies, inquiries, surveys or analyses the commissioner may deem 137
relevant, through the personnel of the department or in cooperation 138
with any public or private agency, to accomplish the functions, powers 139
and duties of the commissioner; (7) require the posting of sufficient 140
performance bond or other security to assure compliance with any 141
permit or order; (8) provide by notice printed on any form that any false 142
statement made thereon or pursuant thereto is punishable as a criminal 143
offense under section 53a-157b; (9) by regulations adopted in 144 Raised Bill No. 5105
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accordance with the provisions of chapter 54, require the payment of a 145
fee sufficient to cover the reasonable cost of acting upon an application 146
for and monitoring compliance with the terms and conditions of any 147
state or federal permit, license, registration, order, certificate or 148
approval. Such costs may include, but are not limited to, the costs of (A) 149
public notice, (B) reviews, inspections and testing incidental to the 150
issuance of and monitoring of compliance with such permits, licenses, 151
orders, certificates and approvals, and (C) surveying and staking 152
boundary lines. The applicant shall pay the fee established in 153
accordance with the provisions of this section prior to the final decision 154
of the commissioner on the application. The commissioner may 155
postpone review of an application until receipt of the payment. 156
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 22-6g(13)
Sec. 2 October 1, 2020 22-6q
Sec. 3 October 1, 2020 22-38
Sec. 4 October 1, 2020 22-39f
Sec. 5 October 1, 2020 22-47
Sec. 6 October 1, 2020 22-61j
Sec. 7 October 1, 2020 22-4c(a)
Statement of Purpose:
To (1) include chicken eggs as part of the state-funded Connecticut
Farmers' Market/WIC and Senior Nutrition programs, (2) increase fines
for violating certain farm product grading and marketing requirements,
and (3) provide the Commissioner of Agriculture with infraction
authority for the violation of statutes under the commissioner's
authority.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]