Connecticut 2021 Regular Session

Connecticut House Bill HB06385 Latest Draft

Bill / Chaptered Version Filed 06/24/2021

                             
 
 
Substitute House Bill No. 6385 
 
Public Act No. 21-155 
 
 
AN ACT CONCERNING ENHANCEMENTS TO CERTAIN 
AGRICULTURAL PROGRAMS. 
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 
repealed and the following is substituted in lieu thereof (Effective October 
1, 2021): 
(13) "Fresh produce" means fruits and vegetables that have not been 
processed in any manner and chicken eggs;  
Sec. 2. Section 22-6q of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2021): 
(a) There is established the Connecticut Farmers' Market/Senior 
Nutrition Program which shall be provided for from funds available to 
the commissioner and from other sources as such funds may become 
available. The program shall supply Connecticut-grown fresh produce 
to senior participants through the distribution of vouchers that are 
redeemable only at designated Connecticut farmers' markets. For 
purposes of this section, a "senior participant" is defined as a person who 
is sixty years of age or older and is currently residing in elderly housing, 
or is a participant of a registered congregate meal site, or has been 
identified by a municipal elderly agent as being at nutritional risk. The  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	2 of 11 
 
program is designed to provide both a supplemental source of fresh 
produce for the dietary needs of seniors who are judged to be at 
nutritional risk and to stimulate an increased demand for Connecticut-
grown produce at Connecticut farmers' markets. For purposes of this 
section, "fresh produce" means fruits and vegetables that have not been 
processed in any manner and chicken eggs. 
(b) The program shall be administered by the Commissioner of 
Agriculture who shall maintain all conditions for its operations.  
Sec. 3. Section 22-38 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2021): 
(a) For purposes of this section, "farm products" means products 
resulting from the practice of agriculture or farming, as defined in 
section 1-1 and "Connecticut-Grown" or "CT-Grown" means produce 
and other farm products that have a traceable point of origin within 
Connecticut. 
(b) Only farm products grown or produced in Connecticut shall be 
advertised or sold in Connecticut as "Connecticut-Grown" or "CT-
Grown". Farm products grown or produced in Connecticut may be 
advertised or sold in Connecticut as "Native", "Native-Grown", "Local" 
or "Locally-Grown". Farm products grown or produced within a ten-
mile radius of the point of sale for such farm products may be advertised 
or sold in Connecticut as "Native", "Native-Grown", "Local", or "Locally-
Grown". Any person, firm, partnership or corporation advertising or 
labeling farm products as ["Native", "Native-Grown", "Local", "Locally-
Grown", or] "Connecticut-Grown" or "CT-Grown" shall be required to 
furnish written proof within ten days of the sale of such products that 
such products were grown or produced in Connecticut or within a ten-
mile radius of the point of sale, as applicable, if requested to do so by 
the Commissioner of Agriculture or said commissioner's designee. Any 
person who violates any provision of this subsection shall be fined not  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	3 of 11 
 
more than one hundred dollars for each product label in violation of this 
subsection. 
(c) In addition to the provisions of subsection (b) of this section, any 
person who sells any farm product as "Connecticut-Grown" or "CT-
Grown" at a farmers' market in this state shall offer such product for sale 
in the immediate proximity of a sign that is: (1) Readily visible to 
consumers, (2) not less than three inches by five inches in size, and (3) 
in a form that is substantially as follows: 
[THIS FARM PRODUCT IS ] CONNECTICUT-GROWN FARM 
PRODUCT. [THIS FARM PRODUCT WAS GROWN OR PRODUCED 
BY THE FOLLOWING PERSON OR BUSINESS: ] (INSERT THE NAME 
AND [ADDRESS OF PERSON OR BUSINESS) ] THE TOWN FOR THE 
FARM OF ORIGIN). 
The lettering on any such sign shall be of a size, font or print that is 
clearly and easily legible. Such a sign shall accompany each type of farm 
product that any such person sells as "Connecticut-Grown" or "CT-
Grown". Any person who violates the provisions of this subsection shall 
receive a warning for the first violation and for any subsequent violation 
shall be fined one hundred dollars for each violation.  
Sec. 4. Section 22-39f of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2021): 
Any person who fails to comply with the provisions of sections 22-
39a to 22-39e, inclusive, section 22-39g, any regulation adopted pursuant 
to subsection (h) of section 22-39g or who obstructs or hinders the 
Commissioner of Agriculture or the [Commissioner of Consumer 
Protection or any of their] commissioner's authorized agents in the 
performance of their duties under the provisions of said sections, shall 
be fined [not less than twenty-five dollars or more than] fifty dollars for 
the first offense and [not less than one hundred dollars or more than]  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	4 of 11 
 
two hundred dollars for each subsequent offense. In addition to such 
fine, the Commissioner of Agriculture is authorized to deny, suspend or 
revoke [the] any license, permit, certificate or registration provided for 
in said sections issued to such person, in accordance with the provisions 
of chapter 54.  
Sec. 5. Section 22-61j of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2021): 
Any person who violates the provisions of sections 22-61c to 22-61f, 
inclusive, [shall be guilty of a class D misdemeanor and] shall be fined 
one hundred dollars for the first offense and two hundred dollars for 
each subsequent offense. 
Sec. 6. (NEW) (Effective July 1, 2021) On and after July 1, 2021, any 
voucher issued by the Commissioner of Agriculture pursuant to section 
22-6p or 22-6q of the general statutes, as amended by this act, shall have 
a value of not less than twenty dollars. 
Sec. 7. Section 22-6i of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
(a) The Department of Public Health WIC client screening processes 
and records shall provide the basis for identifying participants eligible 
for receipt of vouchers. 
(b) Local WIC agencies shall distribute vouchers at designated 
distribution clinics to participants in the manner specified by the 
department in the program and procedures guide for distribution clinic 
staff. Local WIC agency services shall ensure that: 
(1) Vouchers are distributed only to participants through verification 
that the client name and number on the distribution registry provided 
by the Department of Public Health correspond with the client name 
and number printed on the WIC identification folder in the possession  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	5 of 11 
 
of the participant. 
(2) Each eligible participant is issued five three-dollar vouchers 
during each distribution as authorized by the department. 
(3) The voucher serial numbers issued to the participant correspond 
to the number in the distribution registry in which the participant 
signature is affixed. 
(4) Each voucher issued and the distribution registry are properly 
signed by the participant in the presence of local agency staff at the time 
of distribution or, if a proxy is utilized, a written, electronic or verbal 
communication is made by the participant or such proxy which 
acknowledges receipt from the local agency staff at the time of 
distribution. 
(5) [A proxy is not allowed to act on behalf of a participant, except in 
the case of a parent or legal guardian acting on behalf of a participant 
child or infant, or in the case of a husband acting on behalf of his wife.] 
Any adult may act as a proxy provided the participant designates such 
adult as his or her proxy in writing. 
(6) Each participant is provided a thorough explanation of program 
guidelines and participant responsibility as outlined by the department. 
(7) All CFM/WIC support materials are put into use as outlined by 
the department. 
(8) Accurate and complete records of all related CFM/WIC activities 
in the possession of a WIC local agency are maintained and retained for 
a minimum of four years. In the event of litigation, negotiation, or audit 
findings, the records shall be retained until all issues arising from such 
actions have been resolved or until the end of the regular four-year 
period, whichever is later.  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	6 of 11 
 
(9) All agency records pertaining to this program shall be made 
available for inspection to representatives of USDA-FNS, the 
Comptroller General of the United States, the state Auditors of Public 
Accounts, the department, and the Department of Public Health as 
necessary, at any time during normal business hours, and as frequently 
as is deemed necessary for inspection and audit. Confidentiality of 
personal information shall be maintained as to all program participants 
at all times.  
Sec. 8. Section 22-6j of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
Participants shall be responsible for: 
(1) Qualifying under WIC program guidelines and attending a 
designated distribution clinic during the relevant distribution cycles 
when vouchers are dispersed; 
(2) Properly countersigning a voucher [at time of use in the presence 
of the certified vendor who is accepting each voucher in exchange for 
fresh produce] prior to use; 
(3) Using vouchers only to purchase Connecticut-grown fresh 
produce from certified vendors who display CFM/WIC signs at 
authorized farmers' markets; 
(4) Redeeming vouchers on or before the expiration date printed on 
the face of the voucher or surrendering all claim to the value of vouchers 
that remain unredeemed; 
(5) Ensuring vouchers that are received are not assigned to any other 
party other than as provided by the department; 
(6) Reporting violations or problems to the department or the local 
agency; and  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	7 of 11 
 
(7) Reporting all incidents of lost or stolen vouchers to the local 
agency.  
Sec. 9. Subsection (b) of section 22-6l of the general statutes is repealed 
and the following is substituted in lieu thereof (Effective from passage): 
(b) [Vendor certification shall expire at the end of each year of 
issuance.] Each vendor certification shall be valid for three years. The 
department shall not limit the number of vendors who may become 
certified under CFM/WIC. A vendor who satisfies all the following 
criteria shall be certified to accept vouchers: 
(1) Agrees to maintain only Connecticut-grown fresh produce on 
display in a certified vendor stall; 
(2) Indicates an intent to participate in one or more authorized 
farmers' markets; 
(3) Demonstrates participation in training on CFM/WIC rules and 
procedures through attendance in an entire session of one of the 
scheduled training meetings conducted by department staff; 
(4) Submits a signed statement of receipts of a vendor certification 
handbook; 
(5) Submits a completed application and crop plan to the department 
prior to the deadline established by the department; and 
(6) Submits completed and signed certified vendor agreements to the 
department.  
Sec. 10. Section 22-26j of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
The Department of Agriculture shall establish and administer a farm 
viability matching grant program to any agricultural not-for-profit  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	8 of 11 
 
organization, municipality, group of municipalities, regional council of 
governments organized under the provisions of sections 4-124i to 4-
124p, inclusive, or group of municipalities that have established a 
regional interlocal agreement pursuant to sections 7-339a to 7-339l, 
inclusive, to further agricultural viability. Such grants may be used for 
the following purposes: (1) Local capital projects that foster agricultural 
viability, including, but not limited to, processing facilities and farmers' 
markets; (2) the development and implementation of agriculturally 
friendly land use regulations and local farmland protection strategies 
that sustain and promote local agriculture; (3) the development of new 
marketing programs and venues through or in which a majority of 
products sold are grown in the state; [and] (4) the development and 
implementation of programs and services that promote farm and 
farmland access and transfer of such farms; and (5) the development of 
urban and nontraditional farming practices.  
Sec. 11. Subsection (d) of section 4b-3 of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective from 
passage): 
(d) Notwithstanding any other statute or special act to the contrary, 
the Commissioner of Administrative Services shall be the sole person 
authorized to represent the state in its dealings with third parties for the 
construction, development, acquisition or leasing of real estate for 
housing the offices or equipment of all agencies of the state or for the 
state-owned public buildings or realty, as provided for in sections 2-90, 
4b-1 to 4b-5, inclusive, 4b-21, 4b-23, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, 
subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-
71, 4b-72, 10-95, 10a-72, 10a-89, 10a-90, 10a-114, 10a-130, 10a-144, 17b-
655, [22-64,] 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d and 51-27f, 
except that (1) the Joint Committee on Legislative Management may 
represent the state in the planning and construction of the Legislative 
Office Building and related facilities, in Hartford; (2) the Chief Court  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	9 of 11 
 
Administrator may represent the state in providing for (A) space for the 
Court Support Services Division as part of a new or existing contract for 
an alternative incarceration program pursuant to section 54-103b or a 
program developed pursuant to section 46b-121k, or (B) other real estate 
needs of the Judicial Branch when delegated authority to do so by the 
Commissioner of Administrative Services; (3) the board of trustees of a 
constituent unit of the state system of higher education may represent 
the state in the leasing of real estate for housing the offices or equipment 
of such constituent unit, provided no lease payments for such realty are 
made with funds generated from the general revenues of the state; (4) 
the Labor Commissioner may represent the state in the leasing of 
premises required for employment security operations as provided in 
subsection (c) of section 31-250; (5) the Commissioner of Developmental 
Services may represent the state in the leasing of residential property as 
part of the program developed pursuant to subsection (b) of section 17a-
218, provided such residential property does not exceed two thousand 
five hundred square feet, for the community placement of persons 
eligible to receive residential services from the department; (6) the 
Commissioner of Mental Health and Addiction Services may represent 
the state in the leasing of residential units as part of a program 
developed pursuant to section 17a-455a, provided each such residential 
unit does not exceed two thousand five hundred square feet; and (7) the 
Connecticut Marketing Authority may represent the state in the leasing 
of land or markets under the control of the Connecticut Marketing 
Authority, and, except for the housing of offices or equipment in 
connection with the initial acquisition of an existing state mass transit 
system or the leasing of land by the Connecticut Marketing Authority 
for a term of one year or more in which cases the actions of the 
Department of Transportation and the Connecticut Marketing 
Authority shall be subject to the review and approval of the State 
Properties Review Board. The Commissioner of Administrative Services 
may establish and implement any procedures necessary for the 
commissioner to assume the commissioner's responsibilities as said sole  Substitute House Bill No. 6385 
 
Public Act No. 21-155 	10 of 11 
 
bargaining agent for state realty acquisitions and shall perform the 
duties necessary to carry out such procedures. The Commissioner of 
Administrative Services may appoint, within the department's budget 
and subject to the provisions of chapter 67, such personnel deemed 
necessary by the commissioner to carry out the provisions of this 
section, including experts in real estate, construction operations, 
financing, banking, contracting, architecture and engineering. The 
Attorney General's office, at the request of the Commissioner of 
Administrative Services, shall assist the commissioner in contract 
negotiations regarding the purchase, lease or construction of real estate. 
Sec. 12. Subsection (a) of section 51-344a of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective from 
passage): 
(a) Whenever the term "judicial district of Hartford-New Britain" or 
"judicial district of Hartford-New Britain at Hartford" is used or referred 
to in the following sections of the general statutes, it shall be deemed to 
mean or refer to the judicial district of Hartford on and after September 
1, 1998: Sections 1-205, 1-206, 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-160, 
4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-369b, 
10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422, 12-448, 
12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-586f, 12-
597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-67u, 14-
110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41, 16a-5, 
17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-123d, 19a-425, 19a-
498, 19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-59, 
20-73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-
195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-
341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, [22-64,] 22-228, 
22-248, 22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 
22a-30, 22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 
22a-180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a- Substitute House Bill No. 6385 
 
Public Act No. 21-155 	11 of 11 
 
226c, 22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-
361a, 22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-
449g, 22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z, 
29-323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-
285, 31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-
494, 36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 
36b-50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 
38a-140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 
38a-337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 
38a-843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 
42-182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-
392d and 54-211a. 
Sec. 13. Sections 22-62 to 22-73, inclusive, and sections 22-75 to 22-77, 
inclusive, and section 22-78a of the general statutes are repealed. 
(Effective from passage)