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OLR Bill Analysis
sHB 6385
AN ACT CONCERNING ENHANCEMENTS TO CERTAIN
AGRICULTURAL PROGRAMS.
SUMMARY
This bill makes changes to various agricultural laws and programs.
Specifically, the bill does the following:
1. allows participants of the Connecticut farmers’ market nutrition
programs for women, infants, and children (WIC) and seniors to
redeem program vouchers for chicken eggs;
2. increases the value of the farmers’ market nutrition programs’
vouchers to at least $20 (currently they are $15 for WIC and $18
for seniors);
3. allows farmers to advertise products grown or produced in
Connecticut as “CT-Grown,” revises sign requirements for these
products at farmers’ markets, and restricts who must furnish
the state with proof of a farm product’s point of origin;
4. revises the penalties for violating produce safety and seed
requirements;
5. allows participants of the Connecticut farmers’ market WIC
nutrition program to have a proxy pick up and redeem program
vouchers, revises voucher signature requirements, and extends
the duration of a market vendor certification from one to three
years;
6. expands the purposes of the farm viability matching grant
program to include the development of urban and
nontraditional farming practices; and
7. repeals the Connecticut Market Authority since ownership of 2021HB-06385-R000134-BA.DOCX
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the Hartford regional market transferred to the Capital Region
Development Authority in 2019.
EFFECTIVE DATE: Upon passage, except the increase in farmers’
market voucher value is effective July 1, 2021, and the provisions on
adding chicken eggs to the farmers’ market nutrition programs,
changes to the Connecticut-grown program, and revisions to penalties
for violating produce safety and seed laws are effective October 1,
2021.
§§ 1, 2 & 6 — CONNECTICUT FARMERS’ MARKET NUTRITION
PROGRAMS
The bill adds chicken eggs to the definition of “fresh produce” for
purposes of the Connecticut farmers’ market WIC and senior nutrition
programs. Under current law, fresh produce includes unprocessed
fruits and vegetables. The programs, which the Department of
Agriculture (DoAg) administers, provide eligible participants vouchers
redeemable for fresh produce at designated farmers’ markets.
The bill also requires the program vouchers that DoAg issues to
have a value of at least $20. Currently, WIC and senior participants
receive $15 and $18 in vouchers, respectively.
§ 3 — CONNECTICUT-GROWN PROGRAM CHANGE S
The bill allows farm products grown or produced in Connecticut to
be marketed as “CT-Grown” as well as “Connecticut-Grown.” By law,
if farm products are grown or produced in the state or within a 10-mile
radius of the point of sale, they may be labeled as “native,” “native-
grown,” “local,” or “locally-grown.”
The bill restricts who has to furnish proof of a farm product’s point
of origin within 10 days of sale to the DoAg commissioner or his
designee upon request. Under current law, anyone who advertises
farm products with any of the above terms must furnish this proof.
The bill eliminates this requirement for producers using the terms
“native,” “native-grown,” “local,” or “locally-grown.” It also extends
the requirement of furnishing proof to anyone labeling, as well as
advertising, farm products with the terms “Connecticut-Grown” or 2021HB-06385-R000134-BA.DOCX
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“CT-Grown.” A person who violates these provisions is fined up to
$100 for each product label in violation.
By law, when a person sells a farm product at a farmers’ market as
“Connecticut-Grown,” he or she must place a sign in the immediate
proximity of the product. The bill also requires a sign if selling a
product as “CT-Grown” and revises the sign’s content. Instead of
including the business’s address, the sign must include the town for
the farm of origin. A person who violates this requirement receives a
warning for the first violation and a $100 fine for subsequent
violations.
§ 4 — PRODUCE SAFETY LAW V IOLATIONS
The bill revises the penalties for violating the state’s produce safety
laws and applies them to violations of the federal Food Safety
Modernization Act’s produce safety rule. Currently, the law sets a
range of fines as penalties (i.e., from $25 to $50 for a first offense and
from $100 to $200 for a subsequent offense). The bill instead sets
specific dollar fines as follows: $50 for a first offense and $200 for a
subsequent offense.
By law, in addition to fines, the DoAg commissioner may deny,
suspend, or revoke any license issued under the produce safety laws
for violations. The bill also allows him to deny, suspend, or revoke any
permit certificate or registration issued under the laws. The bill
specifically requires the commissioner to take any such action in
accordance with the state’s Uniform Administrative Procedure Act.
The bill also eliminates as a violation obstruction or hindrance of the
Department of Consumer Protection (DCP) commissioner’s actions
under the produce safety rules. By law, DoAg enforces the rules, not
DCP.
§ 5 — SEED LAW VIOLATIONS
The bill reduces the penalty for violating Connecticut’s seed law
(e.g., labeling, sales, and record keeping requirements). Currently the
penalty is a class D misdemeanor with a specified fine of $100 for a 2021HB-06385-R000134-BA.DOCX
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first offense and $200 for a subsequent offense. A class D misdemeanor
is punishable by up to 30 days’ imprisonment, a fine, or both. The bill
removes the class D misdemeanor penalty, leaving the specified
monetary fines in place.
§§ 7-9 — FARMERS’ MARKET WIC NUTRITION PROGRAM
PROXIES AND VENDORS
The bill allows for a Connecticut farmers’ market WIC nutrition
program participant to use a proxy to pick up and redeem program
vouchers, revises voucher signature requirements, and extends the
duration of a market vendor certification.
By law, a WIC participant must sign the voucher in the presence of
DoAg staff when the vouchers are distributed. The bill allows a
participant’s proxy to acknowledge receipt of the vouchers by the
participant’s or proxy’s written, electronic, or verbal communication.
Under current law, a proxy is not allowed, except for a parent or
guardian acting on behalf of a child or a husband acting on behalf of
his wife. Under the bill, any adult may act as a proxy for a WIC
participant as long as the participant designates the adult as his or her
proxy in writing.
Currently, a WIC participant must countersign a program voucher
in the presence of a farmers’ market certified vendor when redeeming
it. The bill instead requires the participant to countersign the voucher
before using it.
Under the WIC nutrition program, vendors cannot accept vouchers
from participants unless DoAg certifies the vendors to do so.
Currently, vendor certification expires at the end of each year. Under
the bill, certification instead remains valid for three years.
§ 10 — FARM VIABILITY MATCHING GRANT PROGRAM
The bill expands the purposes of DoAg’s farm viability matching
grant program to include “the development of urban and
nontraditional farming practices.” 2021HB-06385-R000134-BA.DOCX
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Under existing law, the grants may be used to (1) fund capital
projects fostering agricultural viability (e.g., farmers’ markets and
processing facilities); (2) develop and implement land use regulations
and farmland protection strategies that sustain and promote local
agriculture; (3) develop new marketing programs and venues for
products grown in the state; and (4) develop and implement programs
and services to promote farm and farmland access and farm transfers.
Farm viability grants are available to nonprofit agricultural
organizations, municipalities, groups of municipalities, and regional
councils of government.
§§ 11-13 — CONNECTICUT MARKETIN G AUTHORITY REPEAL
The bill eliminates the Connecticut Marketing Authority from
within DoAg and related statutes. The authority was primarily
responsible for the Connecticut regional market in Hartford, but
ownership of the market transferred to the Capital Region
Development Authority in January 2019 under PA 18-154.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 31 Nay 1 (02/26/2021)