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General Assembly Raised Bill No. 6385
January Session, 2021
LCO No. 2649
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING EN HANCEMENTS TO CERTAI N
AGRICULTURAL PROGRAM S.
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repealed and the following is substituted in lieu thereof (Effective October 2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, 2021): 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 Section 22-6q of the general statutes is repealed and the 6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, 2021): 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. 6385
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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 Section 22-38 of the general statutes is repealed and the 26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, 2021): 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"] "Connecticut-Grown" or "CT-30
Grown" means produce and other farm products that have a traceable 31
point of origin within Connecticut. 32
(b) Only farm products grown or produced in Connecticut shall be 33
advertised or sold in Connecticut as ["Connecticut-Grown"] 34
"Connecticut-Grown" or "CT-Grown". [Farm products grown or 35
produced in Connecticut may be advertised or sold in Connecticut as 36
"Native", "Native-Grown", "Local" or "Locally-Grown". Farm products 37
grown or produced within a ten-mile radius of the point of sale for such 38
farm products may be advertised or sold in Connecticut as "Native", 39
"Native-Grown", "Local", or "Locally-Grown".] Any person, firm, 40
partnership or corporation advertising or labeling farm products as 41
["Native", "Native-Grown", "Local", "Locally-Grown", or "Connecticut-42
Grown"] "Connecticut-Grown" or "CT-Grown" shall be required to 43
furnish written proof within ten days of the sale of such products that 44
such products were grown or produced in Connecticut [or within a ten-45
mile radius of the point of sale, as applicable,] if requested to do so by 46 Raised Bill No. 6385
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the Commissioner of Agriculture or said commissioner's designee. Any 47
person who violates any provision of this subsection shall be fined not 48
more than one hundred dollars for each product label in violation of this 49
subsection. 50
(c) In addition to the provisions of subsection (b) of this section, any 51
person who sells any farm product as ["Connecticut-Grown"] 52
"Connecticut-Grown" or "CT-Grown" at a farmers' market in this state 53
shall offer such product for sale in the immediate proximity of a sign 54
that is: (1) Readily visible to consumers, (2) not less than three inches by 55
five inches in size, and (3) in a form that is substantially as follows: 56
[THIS FARM PRODUCT IS ] CONNECTICUT -GROWN FARM 57
PRODUCT. [THIS FARM PRODUCT WAS GROWN OR PRODUCED 58
BY THE FOLLOWING PERSON OR BUSINESS: (INSERT THE NAME 59
AND [ADDRESS OF PERSON OR BUSINESS) ] THE TOWN FOR THE 60
FARM OF ORIGIN. 61
The lettering on any such sign shall be of a size, font or print that is 62
clearly and easily legible. Such a sign shall accompany each type of farm 63
product that any such person sells as ["Connecticut-Grown"] 64
"Connecticut-Grown" or "CT-Grown". Any person who violates the 65
provisions of this subsection shall receive a warning for the first 66
violation and for any subsequent violation shall be fined one hundred 67
dollars for each violation. 68
Sec. 4. Section 22-39f of the general statutes is repealed and the 69
following is substituted in lieu thereof (Effective October 1, 2021): 70
Any person who fails to comply with the provisions of sections 22-71
39a to 22-39e, inclusive, section 22-39g, any regulation adopted pursuant 72
to subsection (h) of section 22-39g or who obstructs or hinders the 73
Commissioner of Agriculture or the [Commissioner of Consumer 74
Protection or any of their] commissioner's authorized agents in the 75
performance of their duties under the provisions of said sections, shall 76
be fined [not less than twenty-five dollars or more than] fifty dollars for 77
the first offense and [not less than one hundred dollars or more than] 78 Raised Bill No. 6385
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two hundred dollars for each subsequent offense. In addition to such 79
fine, the Commissioner of Agriculture is authorized to deny, suspend or 80
revoke [the] any license, permit certificate or registration provided for 81
in said sections issued to such person, in accordance with the provisions 82
of chapter 54. 83
Sec. 5. Section 22-47 of the general statutes is repealed and the 84
following is substituted in lieu thereof (Effective October 1, 2021): 85
Producers selling eggs of their own producing direct to household 86
users are exempt from the provisions of this part provided (1) such eggs 87
are clean, stored at an ambient air temperature of not greater than forty-88
five degrees Fahrenheit and are not adulterated, and (2) the label for 89
such eggs contains the producer's name and address, the type of eggs, if 90
not chicken eggs, the quantity of eggs, safe food handling instructions 91
and such label is not otherwise misleading or false and makes no claim 92
of grade or quality. All types of shippers selling eggs to a first receiver 93
who will grade them into the proper size and grade before reselling are 94
exempt from the provisions of this part. 95
Sec. 6. Section 22-61j of the general statutes is repealed and the 96
following is substituted in lieu thereof (Effective October 1, 2021): 97
Any person who violates the provisions of sections 22-61c to 22-61f, 98
inclusive, [shall be guilty of a class D misdemeanor and] shall be fined 99
one hundred dollars for the first offense and two hundred dollars for 100
each subsequent offense. 101
Sec. 7. Subsection (a) of section 22-4c of the general statutes is 102
repealed and the following is substituted in lieu thereof (Effective October 103
1, 2021): 104
(a) The Commissioner of Agriculture may: (1) Adopt, amend or 105
repeal, in accordance with the provisions of chapter 54, such standards, 106
criteria and regulations, and such procedural regulations as are 107
necessary and proper to carry out the commissioner's functions, powers 108
and duties; (2) enter into contracts with any person, firm, corporation or 109 Raised Bill No. 6385
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association to do all things necessary or convenient to carry out the 110
functions, powers and duties of the department; (3) initiate and receive 111
complaints as to any actual or suspected violation of any statute, 112
regulation, permit or order administered, adopted or issued by the 113
commissioner. The commissioner may hold hearings, administer oaths, 114
take testimony and subpoena witnesses and evidence, enter orders and 115
institute legal proceedings including, but not limited to, suits for 116
injunctions and for the enforcement of any statute, regulation, order or 117
permit administered, adopted or issued by the commissioner. The 118
commissioner or the commissioner's agent may issue a citation in 119
accordance with section 51-164n for any infraction or violation 120
established in any provision of the general statutes under the 121
commissioner's authority; (4) provide an advisory opinion, upon 122
request of any municipality, state agency, tax assessor or any landowner 123
as to what constitutes agriculture or farming pursuant to subsection (q) 124
of section 1-1, or regarding classification of land as farm land or open 125
space land pursuant to sections 12-107b to 12-107f, inclusive; (5) in 126
accordance with constitutional limitations, enter at all reasonable times, 127
without liability, upon any public or private property, except a private 128
residence, for the purpose of inspection and investigation to ascertain 129
possible violations of any statute, regulation, order or permit 130
administered, adopted or issued by the commissioner and the owner, 131
managing agent or occupant of any such property shall permit such 132
entry, and no action for trespass shall lie against the commissioner for 133
such entry, or the commissioner may apply to any court having criminal 134
jurisdiction for a warrant to inspect such premises to determine 135
compliance with any statute, regulation, order or permit or methods of 136
manufacture or production ascertained by the commissioner during, or 137
as a result of, any inspection, investigation or hearing; (6) undertake any 138
studies, inquiries, surveys or analyses the commissioner may deem 139
relevant, through the personnel of the department or in cooperation 140
with any public or private agency, to accomplish the functions, powers 141
and duties of the commissioner; (7) require the posting of sufficient 142
performance bond or other security to assure compliance with any 143
permit or order; (8) provide by notice printed on any form that any false 144 Raised Bill No. 6385
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statement made thereon or pursuant thereto is punishable as a criminal 145
offense under section 53a-157b; (9) by regulations adopted in 146
accordance with the provisions of chapter 54, require the payment of a 147
fee sufficient to cover the reasonable cost of acting upon an application 148
for and monitoring compliance with the terms and conditions of any 149
state or federal permit, license, registration, order, certificate or 150
approval. Such costs may include, but are not limited to, the costs of (A) 151
public notice, (B) reviews, inspections and testing incidental to the 152
issuance of and monitoring of compliance with such permits, licenses, 153
orders, certificates and approvals, and (C) surveying and staking 154
boundary lines. The applicant shall pay the fee established in 155
accordance with the provisions of this section prior to the final decision 156
of the commissioner on the application. The commissioner may 157
postpone review of an application until receipt of the payment. 158
Sec. 8. (Effective July 1, 2021) On and after the effective date of this 159
section, any voucher issued by the Commissioner of Agriculture 160
pursuant to section 22-6p or 22-6q of the general statutes, as amended 161
by this act, shall have a value of not less than twenty dollars. 162
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 22-6g(13)
Sec. 2 October 1, 2021 22-6q
Sec. 3 October 1, 2021 22-38
Sec. 4 October 1, 2021 22-39f
Sec. 5 October 1, 2021 22-47
Sec. 6 October 1, 2021 22-61j
Sec. 7 October 1, 2021 22-4c(a)
Sec. 8 July 1, 2021 New section
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,
(3) provide the Commissioner of Agriculture with infraction authority
for the violation of statutes under the commissioner's authority, and (4)
increase vouchers for said nutrition programs. Raised Bill No. 6385
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[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.]