Connecticut 2020 Regular Session

Connecticut House Bill HB05105 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 968 1 of 6
4	4
5	5	General Assembly Raised Bill No. 5105
6	6	February Session, 2020
7	7	LCO No. 968
8	8
9	9
10	10	Referred to Committee on ENVIRONMENT
11	11
12	12
13	13	Introduced by:
14	14	(ENV)
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17	17
18	18
19	19	AN ACT CONCERNING RE VISIONS TO THE CONNECTICUT-GROWN
20	20	PROGRAM.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subdivision (13) of section 22-6g of the general statutes is 1
25	25	repealed and the following is substituted in lieu thereof (Effective October 2
26	26	1, 2020): 3
27	27	(13) "Fresh produce" means fruits and vegetables that have not been 4
28	28	processed in any manner and chicken eggs; 5
29	29	Sec. 2. Section 22-6q of the general statutes is repealed and the 6
30	30	following is substituted in lieu thereof (Effective October 1, 2020): 7
31	31	(a) There is established the Connecticut Farmers' Market/Senior 8
32	32	Nutrition Program which shall be provided for from funds available to 9
33	33	the commissioner and from other sources as such funds may become 10
34	34	available. The program shall supply Connecticut-grown fresh produce 11
35	35	to senior participants through the distribution of vouchers that are 12
36	36	redeemable only at designated Connecticut farmers' markets. For 13
37	37	purposes of this section, a "senior participant" is defined as a person who 14 Raised Bill No. 5105
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39	39
40	40
41	41	LCO No. 968 2 of 6
42	42
43	43	is sixty years of age or older and is currently residing in elderly housing, 15
44	44	or is a participant of a registered congregate meal site, or has been 16
45	45	identified by a municipal elderly agent as being at nutritional risk. The 17
46	46	program is designed to provide both a supplemental source of fresh 18
47	47	produce for the dietary needs of seniors who are judged to be at 19
48	48	nutritional risk and to stimulate an increased demand for Connecticut-20
49	49	grown produce at Connecticut farmers' markets. For purposes of this 21
50	50	section, "fresh produce" means fruits and vegetables that have not been 22
51	51	processed in any manner and chicken eggs. 23
52	52	(b) The program shall be administered by the Commissioner of 24
53	53	Agriculture who shall maintain all conditions for its operations. 25
54	54	Sec. 3. Section 22-38 of the general statutes is repealed and the 26
55	55	following is substituted in lieu thereof (Effective October 1, 2020): 27
56	56	(a) For purposes of this section, "farm products" means products 28
57	57	resulting from the practice of agriculture or farming, as defined in 29
58	58	section 1-1 and "Connecticut-[Grown] grown" or CT-Grown means 30
59	59	produce and other farm products that have a traceable point of origin 31
60	60	within Connecticut. 32
61	61	(b) Only farm products grown or produced in Connecticut shall be 33
62	62	advertised or sold in Connecticut as "Connecticut-[Grown] grown" or 34
63	63	"CT-Grown". [Farm products grown or produced in Connecticut may be 35
64	64	advertised or sold in Connecticut as "Native", "Native-Grown", "Local" 36
65	65	or "Locally-Grown". Farm products grown or produced within a ten-37
66	66	mile radius of the point of sale for such farm products may be advertised 38
67	67	or sold in Connecticut as "Native", "Native-Grown", "Local", or "Locally-39
68	68	Grown".] Any person, firm, partnership or corporation advertising or 40
69	69	labeling farm products as ["Native", "Native-Grown", "Local", "Locally-41
70	70	Grown", or] "Connecticut-[Grown] grown" or "CT-Grown" shall be 42
71	71	required to furnish written proof within ten days of the sale of such 43
72	72	products that such products were grown or produced in Connecticut [or 44
73	73	within a ten-mile radius of the point of sale, as applicable,] if requested 45
74	74	to do so by the Commissioner of Agriculture or said commissioner's 46 Raised Bill No. 5105
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76	76
77	77
78	78	LCO No. 968 3 of 6
79	79
80	80	designee. Any person who violates any provision of this subsection shall 47
81	81	be fined not more than one hundred dollars for each product label in 48
82	82	violation of this subsection. 49
83	83	(c) In addition to the provisions of subsection (b) of this section, any 50
84	84	person who sells any farm product as "Connecticut-[Grown] grown" or 51
85	85	"CT-Grown" at a farmers' market in this state shall offer such product 52
86	86	for sale in the immediate proximity of a sign that is: (1) Readily visible 53
87	87	to consumers, (2) not less than three inches by five inches in size, and (3) 54
88	88	in a form that is substantially as follows: 55
89	89	[THIS FARM PRODUCT IS ] CONNECTICUT -GROWN FARM 56
90	90	PRODUCT. [THIS FARM PRODUCT WAS GROWN OR PRODUCED 57
91	91	BY THE FOLLOWING PERSON OR BUSINESS: ( ] INSERT THE NAME 58
92	92	AND [ADDRESS OF PERSON OR BUSINESS) ] THE TOWN FOR THE 59
93	93	FARM OF ORIGIN. 60
94	94	The lettering on any such sign shall be of a size, font or print that is 61
95	95	clearly and easily legible. Such a sign shall accompany each type of farm 62
96	96	product that any such person sells as "Connecticut-[Grown] grown" or 63
97	97	"CT-Grown". Any person who violates the provisions of this subsection 64
98	98	shall receive a warning for the first violation and for any subsequent 65
99	99	violation shall be fined one hundred dollars for each violation. 66
100	100	Sec. 4. Section 22-39f of the general statutes is repealed and the 67
101	101	following is substituted in lieu thereof (Effective October 1, 2020): 68
102	102	Any person who fails to comply with the provisions of sections 22-69
103	103	39a to 22-39e, inclusive, section 22-39g, any regulation adopted pursuant 70
104	104	to subsection (h) of section 22-39g or who obstructs or hinders the 71
105	105	Commissioner of Agriculture or the [Commissioner of Consumer 72
106	106	Protection or any of their] commissioner's authorized agents in the 73
107	107	performance of their duties under the provisions of said sections, shall 74
108	108	be fined [not less than twenty-five dollars or more than] fifty dollars for 75
109	109	the first offense and [not less than one hundred dollars or more than] 76
110	110	two hundred dollars for each subsequent offense. In addition to such 77
111	111	fine, the Commissioner of Agriculture is authorized to deny, suspend or 78 Raised Bill No. 5105
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113	113
114	114
115	115	LCO No. 968 4 of 6
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117	117	revoke [the] any license, permit certificate or registration provided for 79
118	118	in said sections issued to such person, in accordance with the provisions 80
119	119	of chapter 54. 81
120	120	Sec. 5. Section 22-47 of the general statutes is repealed and the 82
121	121	following is substituted in lieu thereof (Effective October 1, 2020): 83
122	122	Producers selling eggs of their own producing direct to household 84
123	123	users are exempt from the provisions of this part provided (1) such eggs 85
124	124	are clean, stored at an ambient air temperature of not greater than forty-86
125	125	five degrees Fahrenheit and are not adulterated, and (2) the label for 87
126	126	such eggs contains the producer's name and address, the type of eggs, if 88
127	127	not chicken eggs, the quantity of eggs, safe food handling instructions 89
128	128	and such label is not otherwise misleading or false and makes no claim 90
129	129	of grade or quality. All types of shippers selling eggs to a first receiver 91
130	130	who will grade them into the proper size and grade before reselling are 92
131	131	exempt from the provisions of this part. 93
132	132	Sec. 6. Section 22-61j of the general statutes is repealed and the 94
133	133	following is substituted in lieu thereof (Effective October 1, 2020): 95
134	134	Any person who violates the provisions of sections 22-61c to 22-61f, 96
135	135	inclusive, [shall be guilty of a class D misdemeanor and] shall be fined 97
136	136	one hundred dollars for the first offense and two hundred dollars for 98
137	137	each subsequent offense. 99
138	138	Sec. 7. Subsection (a) of section 22-4c of the general statutes is 100
139	139	repealed and the following is substituted in lieu thereof (Effective October 101
140	140	1, 2020): 102
141	141	(a) The Commissioner of Agriculture may: (1) Adopt, amend or 103
142	142	repeal, in accordance with the provisions of chapter 54, such standards, 104
143	143	criteria and regulations, and such procedural regulations as are 105
144	144	necessary and proper to carry out the commissioner's functions, powers 106
145	145	and duties; (2) enter into contracts with any person, firm, corporation or 107
146	146	association to do all things necessary or convenient to carry out the 108
147	147	functions, powers and duties of the department; (3) initiate and receive 109 Raised Bill No. 5105
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150	150
151	151	LCO No. 968 5 of 6
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153	153	complaints as to any actual or suspected violation of any statute, 110
154	154	regulation, permit or order administered, adopted or issued by the 111
155	155	commissioner. The commissioner may hold hearings, administer oaths, 112
156	156	take testimony and subpoena witnesses and evidence, enter orders and 113
157	157	institute legal proceedings including, but not limited to, suits for 114
158	158	injunctions and for the enforcement of any statute, regulation, order or 115
159	159	permit administered, adopted or issued by the commissioner. The 116
160	160	commissioner or the commissioner's agent may issue a citation in 117
161	161	accordance with section 51-164n for any infraction or violation 118
162	162	established in any provision of the general statutes under the 119
163	163	commissioner's authority; (4) provide an advisory opinion, upon 120
164	164	request of any municipality, state agency, tax assessor or any landowner 121
165	165	as to what constitutes agriculture or farming pursuant to subsection (q) 122
166	166	of section 1-1, or regarding classification of land as farm land or open 123
167	167	space land pursuant to sections 12-107b to 12-107f, inclusive; (5) in 124
168	168	accordance with constitutional limitations, enter at all reasonable times, 125
169	169	without liability, upon any public or private property, except a private 126
170	170	residence, for the purpose of inspection and investigation to ascertain 127
171	171	possible violations of any statute, regulation, order or permit 128
172	172	administered, adopted or issued by the commissioner and the owner, 129
173	173	managing agent or occupant of any such property shall permit such 130
174	174	entry, and no action for trespass shall lie against the commissioner for 131
175	175	such entry, or the commissioner may apply to any court having criminal 132
176	176	jurisdiction for a warrant to inspect such premises to determine 133
177	177	compliance with any statute, regulation, order or permit or methods of 134
178	178	manufacture or production ascertained by the commissioner during, or 135
179	179	as a result of, any inspection, investigation or hearing; (6) undertake any 136
180	180	studies, inquiries, surveys or analyses the commissioner may deem 137
181	181	relevant, through the personnel of the department or in cooperation 138
182	182	with any public or private agency, to accomplish the functions, powers 139
183	183	and duties of the commissioner; (7) require the posting of sufficient 140
184	184	performance bond or other security to assure compliance with any 141
185	185	permit or order; (8) provide by notice printed on any form that any false 142
186	186	statement made thereon or pursuant thereto is punishable as a criminal 143
187	187	offense under section 53a-157b; (9) by regulations adopted in 144 Raised Bill No. 5105
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189	189
190	190
191	191	LCO No. 968 6 of 6
192	192
193	193	accordance with the provisions of chapter 54, require the payment of a 145
194	194	fee sufficient to cover the reasonable cost of acting upon an application 146
195	195	for and monitoring compliance with the terms and conditions of any 147
196	196	state or federal permit, license, registration, order, certificate or 148
197	197	approval. Such costs may include, but are not limited to, the costs of (A) 149
198	198	public notice, (B) reviews, inspections and testing incidental to the 150
199	199	issuance of and monitoring of compliance with such permits, licenses, 151
200	200	orders, certificates and approvals, and (C) surveying and staking 152
201	201	boundary lines. The applicant shall pay the fee established in 153
202	202	accordance with the provisions of this section prior to the final decision 154
203	203	of the commissioner on the application. The commissioner may 155
204	204	postpone review of an application until receipt of the payment. 156
205	205	This act shall take effect as follows and shall amend the following
206	206	sections:
207	207
208	208	Section 1 October 1, 2020 22-6g(13)
209	209	Sec. 2 October 1, 2020 22-6q
210	210	Sec. 3 October 1, 2020 22-38
211	211	Sec. 4 October 1, 2020 22-39f
212	212	Sec. 5 October 1, 2020 22-47
213	213	Sec. 6 October 1, 2020 22-61j
214	214	Sec. 7 October 1, 2020 22-4c(a)
215	215
216	216	Statement of Purpose:
217	217	To (1) include chicken eggs as part of the state-funded Connecticut
218	218	Farmers' Market/WIC and Senior Nutrition programs, (2) increase fines
219	219	for violating certain farm product grading and marketing requirements,
220	220	and (3) provide the Commissioner of Agriculture with infraction
221	221	authority for the violation of statutes under the commissioner's
222	222	authority.
223	223	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
224	224	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
225	225	underlined.]
226	226