Researcher: DC Page 1 3/22/23
OLR Bill Analysis
sHB 6241
AN ACT CONCERNING FARM WINERY PERMITTEES.
SUMMARY
This bill allows farm winery permittees to sell their product at up to
three retail outlets under certain conditions. Under current law,
permittees may sell the wine, brandies, grappa, and eau-de-vie they
manufacture on their permit premises. The bill allows permittees, with
prior Department of Consumer Protection approval, to also sell these
products at up to three retail outlets that must:
1. be located on land that the winery backer (e.g., proprietor) leases
or owns and the permittee uses to grow fruit or produce alcoholic
beverages the winery manufactures and
2. not be located within a grocery store.
By law, farm winery permittees must grow an average crop of at least
25% of the fruit used to make their wine on land they control. This
“average crop” is generally defined each year as the average yield of the
permittee’s two largest annual crops out of the preceding five years.
Under the bill, permittees who sustain a total loss of their fruit crop
must, by December 31 of the loss year, certify the loss to the agriculture
commissioner as he prescribes. If, in his discretion, the agriculture
commissioner determines that the permittee was not at fault for the loss,
then that year’s crop must not be deemed to constitute part of, count
toward, or be used to determine whether the permittee’s crop satisfies
the average crop requirement. (Presumably, the permittee is still
required to meet the average crop requirement in the loss year.) For the
same purpose, he must also, in his discretion, determine whether a
qualitative or quantitative reduction in crop yield constitutes a total loss. 2023HB-06241-R000153-BA.DOCX
Researcher: DC Page 2 3/22/23
EFFECTIVE DATE: Upon passage
BACKGROUND
Grocery Stores
For purposes of the bill, a grocery store is any store commonly known
as a delicatessen, food store, grocery store, or supermarket and (1) that
is primarily engaged in the retail sale of various canned goods and dry
goods such as coffee, flour, spices, sugar, and tea, whether packaged or
in bulk, regardless of whether the store sells (a) fresh fruits and
vegetables or (b) fresh, prepared, or smoked fish, meat, and poultry, and
(2) does not include any store that is primarily engaged in the retail sale
of bakery products, candy, nuts and confectioneries, dairy products,
eggs and poultry, fruits and vegetables, or seafood.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 22 Nay 0 (03/07/2023)