LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385-R01- HB.docx 1 of 11 General Assembly Substitute Bill No. 6385 January Session, 2021 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 Subdivision (13) of section 22-6g of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective October 2 1, 2021): 3 (13) "Fresh produce" means fruits and vegetables that have not been 4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 Section 22-6q of the general statutes is repealed and the 6 following is substituted in lieu thereof (Effective October 1, 2021): 7 (a) There is established the Connecticut Farmers' Market/Senior 8 Nutrition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 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 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 2 of 11 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 Section 22-38 of the general statutes is repealed and the 26 following is substituted in lieu thereof (Effective October 1, 2021): 27 (a) For purposes of this section, "farm products" means products 28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" or "CT-Grown" means produce 30 and other farm products that have a traceable point of origin within 31 Connecticut. 32 (b) Only farm products grown or produced in Connecticut shall be 33 advertised or sold in Connecticut as "Connecticut-Grown" or "CT-34 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" or "CT-Grown" shall be required to 42 furnish written proof within ten days of the sale of such products that 43 such products were grown or produced in Connecticut or within a ten-44 mile radius of the point of sale, as applicable, if requested to do so by 45 the Commissioner of Agriculture or said commissioner's designee. Any 46 person who violates any provision of this subsection shall be fined not 47 more than one hundred dollars for each product label in violation of this 48 subsection. 49 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 3 of 11 (c) In addition to the provisions of subsection (b) of this section, any 50 person who sells any farm product as "Connecticut-Grown" or "CT-51 Grown" at a farmers' market in this state shall offer such product for sale 52 in the immediate proximity of a sign that is: (1) Readily visible to 53 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" or "CT-63 Grown". Any person who violates the provisions of this subsection shall 64 receive a warning for the first violation and for any subsequent violation 65 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, 2021): 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 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 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 4 of 11 Sec. 5. Section 22-61j of the general statutes is repealed and the 82 following is substituted in lieu thereof (Effective October 1, 2021): 83 Any person who violates the provisions of sections 22-61c to 22-61f, 84 inclusive, [shall be guilty of a class D misdemeanor and] shall be fined 85 one hundred dollars for the first offense and two hundred dollars for 86 each subsequent offense. 87 Sec. 6. (NEW) (Effective July 1, 2021) On and after July 1, 2021, any 88 voucher issued by the Commissioner of Agriculture pursuant to section 89 22-6p or 22-6q of the general statutes, as amended by this act, shall have 90 a value of not less than twenty dollars. 91 Sec. 7. Section 22-6i of the general statutes is repealed and the 92 following is substituted in lieu thereof (Effective from passage): 93 (a) The Department of Public Health WIC client screening processes 94 and records shall provide the basis for identifying participants eligible 95 for receipt of vouchers. 96 (b) Local WIC agencies shall distribute vouchers at designated 97 distribution clinics to participants in the manner specified by the 98 department in the program and procedures guide for distribution clinic 99 staff. Local WIC agency services shall ensure that: 100 (1) Vouchers are distributed only to participants through verification 101 that the client name and number on the distribution registry provided 102 by the Department of Public Health correspond with the client name 103 and number printed on the WIC identification folder in the possession 104 of the participant. 105 (2) Each eligible participant is issued five three-dollar vouchers 106 during each distribution as authorized by the department. 107 (3) The voucher serial numbers issued to the participant correspond 108 to the number in the distribution registry in which the participant 109 signature is affixed. 110 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 5 of 11 (4) Each voucher issued and the distribution registry are properly 111 signed by the participant in the presence of local agency staff at the time 112 of distribution or, if a proxy is utilized, a written, electronic or verbal 113 communication is made by the participant or such proxy which 114 acknowledges receipt from the local agency staff at the time of 115 distribution. 116 (5) [A proxy is not allowed to act on behalf of a participant, except in 117 the case of a parent or legal guardian acting on behalf of a participant 118 child or infant, or in the case of a husband acting on behalf of his wife.] 119 Any adult may act as a proxy provided the participant designates such 120 adult as his or her proxy in writing. 121 (6) Each participant is provided a thorough explanation of program 122 guidelines and participant responsibility as outlined by the department. 123 (7) All CFM/WIC support materials are put into use as outlined by 124 the department. 125 (8) Accurate and complete records of all related CFM/WIC activities 126 in the possession of a WIC local agency are maintained and retained for 127 a minimum of four years. In the event of litigation, negotiation, or audit 128 findings, the records shall be retained until all issues arising from such 129 actions have been resolved or until the end of the regular four-year 130 period, whichever is later. 131 (9) All agency records pertaining to this program shall be made 132 available for inspection to representatives of USDA-FNS, the 133 Comptroller General of the United States, the state Auditors of Public 134 Accounts, the department, and the Department of Public Health as 135 necessary, at any time during normal business hours, and as frequently 136 as is deemed necessary for inspection and audit. Confidentiality of 137 personal information shall be maintained as to all program participants 138 at all times. 139 Sec. 8. Section 22-6j of the general statutes is repealed and the 140 following is substituted in lieu thereof (Effective from passage): 141 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 6 of 11 Participants shall be responsible for: 142 (1) Qualifying under WIC program guidelines and attending a 143 designated distribution clinic during the relevant distribution cycles 144 when vouchers are dispersed; 145 (2) Properly countersigning a voucher [at time of use in the presence 146 of the certified vendor who is accepting each voucher in exchange for 147 fresh produce] prior to use; 148 (3) Using vouchers only to purchase Connecticut-grown fresh 149 produce from certified vendors who display CFM/WIC signs at 150 authorized farmers' markets; 151 (4) Redeeming vouchers on or before the expiration date printed on 152 the face of the voucher or surrendering all claim to the value of vouchers 153 that remain unredeemed; 154 (5) Ensuring vouchers that are received are not assigned to any other 155 party other than as provided by the department; 156 (6) Reporting violations or problems to the department or the local 157 agency; and 158 (7) Reporting all incidents of lost or stolen vouchers to the local 159 agency. 160 Sec. 9. Subsection (b) of section 22-6l of the general statutes is repealed 161 and the following is substituted in lieu thereof (Effective from passage): 162 (b) [Vendor certification shall expire at the end of each year of 163 issuance.] Each vendor certification shall be valid for three years. The 164 department shall not limit the number of vendors who may become 165 certified under CFM/WIC. A vendor who satisfies all the following 166 criteria shall be certified to accept vouchers: 167 (1) Agrees to maintain only Connecticut-grown fresh produce on 168 display in a certified vendor stall; 169 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 7 of 11 (2) Indicates an intent to participate in one or more authorized 170 farmers' markets; 171 (3) Demonstrates participation in training on CFM/WIC rules and 172 procedures through attendance in an entire session of one of the 173 scheduled training meetings conducted by department staff; 174 (4) Submits a signed statement of receipts of a vendor certification 175 handbook; 176 (5) Submits a completed application and crop plan to the department 177 prior to the deadline established by the department; and 178 (6) Submits completed and signed certified vendor agreements to the 179 department. 180 Sec. 10. Section 22-26j of the general statutes is repealed and the 181 following is substituted in lieu thereof (Effective from passage): 182 The Department of Agriculture shall establish and administer a farm 183 viability matching grant program to any agricultural not-for-profit 184 organization, municipality, group of municipalities, regional council of 185 governments organized under the provisions of sections 4-124i to 4-186 124p, inclusive, or group of municipalities that have established a 187 regional interlocal agreement pursuant to sections 7-339a to 7-339l, 188 inclusive, to further agricultural viability. Such grants may be used for 189 the following purposes: (1) Local capital projects that foster agricultural 190 viability, including, but not limited to, processing facilities and farmers' 191 markets; (2) the development and implementation of agriculturally 192 friendly land use regulations and local farmland protection strategies 193 that sustain and promote local agriculture; (3) the development of new 194 marketing programs and venues through or in which a majority of 195 products sold are grown in the state; [and] (4) the development and 196 implementation of programs and services that promote farm and 197 farmland access and transfer of such farms; and (5) the development of 198 urban and nontraditional farming practices. 199 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 8 of 11 Sec. 11. Subsection (d) of section 4b-3 of the general statutes is 200 repealed and the following is substituted in lieu thereof (Effective from 201 passage): 202 (d) Notwithstanding any other statute or special act to the contrary, 203 the Commissioner of Administrative Services shall be the sole person 204 authorized to represent the state in its dealings with third parties for the 205 construction, development, acquisition or leasing of real estate for 206 housing the offices or equipment of all agencies of the state or for the 207 state-owned public buildings or realty, as provided for in sections 2-90, 208 4b-1 to 4b-5, inclusive, 4b-21, 4b-23, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, 209 subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-210 71, 4b-72, 10-95, 10a-72, 10a-89, 10a-90, 10a-114, 10a-130, 10a-144, 17b-211 655, [22-64,] 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d and 51-27f, 212 except that (1) the Joint Committee on Legislative Management may 213 represent the state in the planning and construction of the Legislative 214 Office Building and related facilities, in Hartford; (2) the Chief Court 215 Administrator may represent the state in providing for (A) space for the 216 Court Support Services Division as part of a new or existing contract for 217 an alternative incarceration program pursuant to section 54-103b or a 218 program developed pursuant to section 46b-121k, or (B) other real estate 219 needs of the Judicial Branch when delegated authority to do so by the 220 Commissioner of Administrative Services; (3) the board of trustees of a 221 constituent unit of the state system of higher education may represent 222 the state in the leasing of real estate for housing the offices or equipment 223 of such constituent unit, provided no lease payments for such realty are 224 made with funds generated from the general revenues of the state; (4) 225 the Labor Commissioner may represent the state in the leasing of 226 premises required for employment security operations as provided in 227 subsection (c) of section 31-250; (5) the Commissioner of Developmental 228 Services may represent the state in the leasing of residential property as 229 part of the program developed pursuant to subsection (b) of section 17a-230 218, provided such residential property does not exceed two thousand 231 five hundred square feet, for the community placement of persons 232 eligible to receive residential services from the department; (6) the 233 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 9 of 11 Commissioner of Mental Health and Addiction Services may represent 234 the state in the leasing of residential units as part of a program 235 developed pursuant to section 17a-455a, provided each such residential 236 unit does not exceed two thousand five hundred square feet; and (7) the 237 Connecticut Marketing Authority may represent the state in the leasing 238 of land or markets under the control of the Connecticut Marketing 239 Authority, and, except for the housing of offices or equipment in 240 connection with the initial acquisition of an existing state mass transit 241 system or the leasing of land by the Connecticut Marketing Authority 242 for a term of one year or more in which cases the actions of the 243 Department of Transportation and the Connecticut Marketing 244 Authority shall be subject to the review and approval of the State 245 Properties Review Board. The Commissioner of Administrative Services 246 may establish and implement any procedures necessary for the 247 commissioner to assume the commissioner's responsibilities as said sole 248 bargaining agent for state realty acquisitions and shall perform the 249 duties necessary to carry out such procedures. The Commissioner of 250 Administrative Services may appoint, within the department's budget 251 and subject to the provisions of chapter 67, such personnel deemed 252 necessary by the commissioner to carry out the provisions of this 253 section, including experts in real estate, construction operations, 254 financing, banking, contracting, architecture and engineering. The 255 Attorney General's office, at the request of the Commissioner of 256 Administrative Services, shall assist the commissioner in contract 257 negotiations regarding the purchase, lease or construction of real estate. 258 Sec. 12. Subsection (a) of section 51-344a of the general statutes is 259 repealed and the following is substituted in lieu thereof (Effective from 260 passage): 261 (a) Whenever the term "judicial district of Hartford-New Britain" or 262 "judicial district of Hartford-New Britain at Hartford" is used or referred 263 to in the following sections of the general statutes, it shall be deemed to 264 mean or refer to the judicial district of Hartford on and after September 265 1, 1998: Sections 1-205, 1-206, 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-160, 266 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 10 of 11 4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-369b, 267 10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422, 12-448, 268 12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-586f, 12-269 597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-67u, 14-270 110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41, 16a-5, 271 17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-123d, 19a-425, 19a-272 498, 19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-59, 273 20-73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-274 195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-275 341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, [22-64,] 22-228, 276 22-248, 22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 277 22a-30, 22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 278 22a-180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-279 226c, 22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-280 361a, 22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-281 449g, 22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z, 282 29-323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-283 285, 31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-284 494, 36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 285 36b-50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 286 38a-140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 287 38a-337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 288 38a-843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 289 42-182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-290 392d and 54-211a. 291 Sec. 13. Sections 22-62 to 22-73, inclusive, and sections 22-75 to 22-77, 292 inclusive, and section 22-78a of the general statutes are repealed. 293 (Effective from passage) 294 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 Substitute Bill No. 6385 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06385- R01-HB.docx } 11 of 11 Sec. 4 October 1, 2021 22-39f Sec. 5 October 1, 2021 22-61j Sec. 6 July 1, 2021 New section Sec. 7 from passage 22-6i Sec. 8 from passage 22-6j Sec. 9 from passage 22-6l(b) Sec. 10 from passage 22-26j Sec. 11 from passage 4b-3(d) Sec. 12 from passage 51-344a(a) Sec. 13 from passage Repealer section Statement of Legislative Commissioners: In Section 9, the first sentence of Subsec. (b) was re-written for clarity and in Section 13, the reference to Section "22-78" was changed to "Section 22-78a", for accuracy. ENV Joint Favorable Subst.