Researcher: DC Page 1 5/18/23
OLR Bill Analysis
sHB 6241 (as amended by House "A")*
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. It also allows those who
sustain a significant loss of fruit to have the lost crop used to satisfy the
law’s average crop requirement.
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
(DCP) 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 and produce
alcoholic beverages the winery exclusively manufactures and
2. not be located within a grocery store (see BACKGROUND) or
any other retail outlet unless state law allows otherwise.
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 have a significant loss of their fruit
crop must, by December 31 of the loss year, certify the loss to the DCP
commissioner as he prescribes. If the commissioner determines that the
permittee was not at fault for the loss, then that year’s lost crop is
deemed to satisfy the average crop requirement. For the same purpose,
he must also determine whether a qualitative or quantitative reduction
in crop yield constitutes a significant loss. 2023HB-06241-R01-BA.DOCX
Researcher: DC Page 2 5/18/23
*House Amendment “A” principally (1) requires the additional retail
outlets to be on land both used to grow fruit and produce alcohol, rather
than either, as in the underlying bill; (2) prohibits the use of a retail
outlet that is located in another retail outlet; (3) lessens the loss threshold
from total to significant loss; and (4) requires the DCP commissioner,
rather than the agriculture commissioner, to determine loss.
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)