O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21—155 sHB 6385
Environment Committee
Appropriations Committee
AN ACT CONCERNING EN HANCEMENTS TO CERTAI N
AGRICULTURAL PROGRAM S
SUMMARY: This act makes changes in various agricultural laws and programs.
Specifically, it does the following:
1. allows participants in the Connecticut farmers’ market women, infants,
and children (WIC) and seniors nutrition programs to redeem program
vouchers for chicken eggs, and increases the vouchers’ value to at least
$20;
2. allows farmers to advertise products grown or produced in Connecticut as
“CT-Grown,” revises sign requirements for these products at farmers’
markets, and revises who must furnish the state with proof of a farm
product’s point of origin;
3. changes the penalties for violating produce safety and seed requirements;
4. allows participants in 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;
5. expands the farm viability matching grant program’s purposes to include
developing urban and nontraditional farming practices; and
6. eliminates the Connecticut Market Authority.
EFFECTIVE DATE: Upon passage, except the (1) increase in farmers’ market
voucher value is effective July 1, 2021, and (2) 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 act adds chicken eggs to the definition of “fresh produce” for purposes of
the Connecticut farmers’ market WIC and senior nutrition programs. By law,
fresh produce also includes unprocessed fruits and vegetables. The programs,
which the Department of Agriculture (DoAg) administers, provide eligible
participants with vouchers redeemable for fresh produce at designated farmers’
markets.
The act also requires the program vouchers to have a value of at least $20.
Previously, WIC and senior participants received $15 and $18 in vouchers,
respectively. O L R P U B L I C A C T S U M M A R Y
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§ 3 — CONNECTICUT-GROWN PROGRAM CHANGES
The act 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 act restricts who must provide proof of a farm product’s point of origin
within 10 days of sale to the DoAg commissioner or his designee upon request.
Under prior law, anyone who advertised farm products with any of the above
terms had to furnish this proof. The act 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 “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 act 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 act 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. Previously, the law set 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 act instead sets specific dollar fines: $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 act
also allows him to deny, suspend, or revoke any permit, certificate, or registration
issued under the laws. It specifically requires the commissioner to take these
actions in accordance with the state’s Uniform Administrative Procedure Act.
The act also eliminates as a violation obstructing or hindering the Department
of Consumer Protection (DCP) commissioner’s actions under the produce safety
rules. By law, DoAg enforces these rules, not DCP.
§ 5 — SEED LAW VIOLATIONS
The act reduces the penalty for violating Connecticut’s seed law (e.g.,
labeling, sales, and record keeping requirements). Previously the penalty was a O L R P U B L I C A C T S U M M A R Y
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class D misdemeanor with specified fines of $100 for a first offense and $200 for
a subsequent offense. The act eliminates the misdemeanor penalty, leaving only
the specified monetary fines in place.
§§ 7-9 — FARMERS’ MARKET WIC NUTRITION PROGRAM PR OXIES
AND VENDORS
The act (1) allows any adult to act as a proxy for a Connecticut farmers’
market WIC nutrition program participant in order to pick up and redeem program
vouchers, (2) revises voucher signature requirements, and (3) extends the duration
of a market vendor certification.
Under prior law, a proxy was 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
act, any adult may act as a proxy as long as the participant designates the adult as
his or her proxy in writing.
By law, a WIC participant must sign the voucher in the presence of DoAg
staff when the vouchers are distributed. The act allows a participant’s proxy to
acknowledge voucher receipt by the participant’s or proxy’s written, electronic, or
verbal communication.
Previously, a WIC participant had to countersign a program voucher in the
presence of a farmers’ market certified vendor when redeeming it. The act instead
requires the participant to countersign the voucher any time before using it.
Under the WIC nutrition program, vendors cannot accept vouchers from
participants unless DoAg certifies the vendors to do so. Previously, vendor
certification expired at the end of each year. Under the act, certification instead
remains valid for three years.
§ 10 — FARM VIABILITY MATCH ING GRANT PROGRAM
The act expands DoAg’s farm viability matching grant program’s purposes to
include developing urban and nontraditional farming practices.
Under existing law, the grants may also 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 act 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. O L R P U B L I C A C T S U M M A R Y
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