CHAPTER 422

DEPARTMENT OF AGRICULTURE

Table of Contents


Note: This 2024 Supplement is intended to be used in conjunction with the General Statutes of Connecticut, revised to January 1, 2023.


Sec. 22-6c. Reimbursement or payments in advance of comprehensive farm nutrient management plan, farmland restoration and climate resiliency plan or farm resources management plan.

Sec. 22-6r. Certified farmers' markets. Definitions. Sale of farm products at farmers' kiosks and food establishments. Listing of farmers' market on web site and in promotional materials.

Sec. 22-26f. State Veterinarian.

Sec. 22-26j. Agricultural enhancement matching grant program. Eligibility. Purposes.


Sec. 22-6c. Reimbursement or payments in advance of comprehensive farm nutrient management plan, farmland restoration and climate resiliency plan or farm resources management plan. (a)(1) The Commissioner of Agriculture may pay, not more than fifty per cent of the cost, in advance, or reimburse, any farmer for part of the cost to implement and comply with a comprehensive farm nutrient management plan, farmland restoration and climate resiliency plan or a farm resources management plan, including, within available appropriations, for the cost of farm equipment purchases. The Commissioner of Agriculture may approve for such payment or reimbursement comprehensive farm nutrient management or farm resources management plan practices that have been approved by the Commissioner of Energy and Environmental Protection. The total state grant available to a farmer pursuant to this subdivision shall not be more than ninety per cent of such cost.

(2) Within available appropriations, the Commissioner of Agriculture may pay, not more than fifty per cent of the cost, in advance, or reimburse, any farmer the cost to develop a farmland restoration and climate resiliency plan. Such plan may require agricultural restoration purposes and climate-smart agricultural and forestry practices, as such terms are defined in section 22-6d. The total state grant available to a farmer pursuant to this subdivision shall not be more than ninety per cent of such cost.

(b) Within available appropriations, the Commissioner of Agriculture may pay, not more than fifty per cent of the cost, in advance, or reimburse, any nonprofit organization, soil and water conservation district, The University of Connecticut Extension Services or any municipality the cost to: (1) Provide technical assistance, (2) distribute grant funding to producers, (3) coordinate training programs, (4) coordinate projects that pilot or demonstrate conservation practices, (5) create tools that help reduce barriers to accessing assistance for conservation practices on farms, (6) establish equipment-sharing programs, or (7) other activities that will increase the number of farmers who are implementing climate-smart agriculture and forestry practices. The total state grant available pursuant to this subsection shall not be more than ninety per cent of such cost.

(c) For purposes of this section, “farmer” includes, but is not limited to, any lessee or franchise holder of a state or town shellfish bed and “farmland restoration and climate resiliency plan” means a conservation plan of the United States Department of Agriculture's Natural Resources Conservation Service, a conservation plan of a soil and water conservation district established pursuant to section 22a-315 or a conservation plan approved by the Commissioner of Agriculture. “Farmland restoration and climate resiliency plan” includes agricultural restoration purposes, as defined in section 22-6d, and conservation and restoration plans for leased or franchised shellfish beds.

(P.A. 74-258, S. 1, 3; P.A. 75-335, S. 1, 2; P.A. 85-266, S. 1, 2; P.A. 89-305, S. 28, 32; May Sp. Sess. P.A. 94-2, S. 8, 203; P.A. 97-234, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-65, S. 1; 04-189, S. 1; P.A. 11-80, S. 1; Oct. Sp. Sess. P.A. 11-1, S. 14; P.A. 15-22, S. 1; June Sp. Sess. P.A. 15-5, S. 121; P.A. 22-118, S. 145; P.A. 23-184, S. 1.)

History: P.A. 75-335 made reimbursement for 50% of cost of completion of component of farm waste management system optional rather than mandatory; P.A. 85-266 made the maximum grant 75% of the cost of a component, rather than 50% of the cost but not more than $3,500; P.A. 89-305 required agriculture commissioner to give priority for grants to capital improvements made in accordance with farm resources plan; May Sp. Sess. P.A. 94-2 changed provision requiring completion of a farm waste management system for reimbursement by agriculture department to compliance with a farm resources management plan and added reference to certifications made by environmental protection department, effective July 1, 1994 (Revisor's note: In 1995 an obsolete reference to “such component” of a farm waste management system was changed editorially by the Revisors to “such plan” in keeping with substitution of farm resources management plans for farm waste management systems and their components); P.A. 97-234 changed reference to the Agricultural Stabilization and Conservation Service to the Farm Service Agency; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-65 added provisions re comprehensive farm nutrient management plan, deleted requirement for certification by federal Farm Service Agency, added provision authorizing certification for payment by Commissioner of Agriculture in cooperation with U.S. Department of Agriculture and changed total federal and state grant amount limit from 75% to 90% of cost, effective May 10, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; Oct. Sp. Sess. P.A. 11-1 designated existing provisions as Subsec. (a) and amended same to make technical changes, and added Subsec. (b) re reimbursement for part of the cost associated with a farm resources management plan intended to restore farmland, effective October 27, 2011; P.A. 15-22 amended Subsec. (b) by including in reimbursable costs implementation and compliance with farm resources management plan and development, implementation and compliance with farmland restoration plan and adding exception to provision re 50 per cent reimbursement limit for management or restoration plan on state-owned or municipally owned land with agricultural lease of 5 years or longer, added Subsec. (c) re definition of “farmland restoration plan”, and made technical changes; June Sp. Sess. P.A. 15-5 amended Subsec. (c) by adding definition of “farmer” and redefining “farmland restoration plan”; P.A. 22-118 amended Subsec. (a) to add provision re advancing not more than 50 per cent of the cost of such plans, add reference to farmland restoration and climate resiliency plan and made a conforming and a technical change, Subsec. (b) to add provision re advancing not more than 50 per cent of the cost of such plans, add reference to farmland restoration and climate resiliency plan, add reference to costs of farm equipment purchases, add provision authorizing payments or reimbursements to nonprofit organizations, soil and water conservation districts, The University of Connecticut Extension Services or any municipality to provide technical assistance, distribute grant funding to producers, coordinate training programs, coordinate conservation practices, create tools to reduce barriers to accessing assistance for conservation practices, establish equipment-sharing programs or other activities that increase the number of farmers implementing climate-smart agriculture and forestry practices and made conforming changes and amended Subsec. (c) to define “farmland restoration and climate resiliency plan”; P.A. 23-184 amended Subsec. (a) to designate existing text as Subdiv. (1), add reference to implementation and compliance with such plans, delete requirement of approval of such plan by the Commissioner of Energy and Environmental Protection, add provision re payment for cost of farm equipment purchases, delete provision re cooperation with United States Department of Agriculture, make technical changes, delete provision re priority for capital improvements, and add Subdiv. (2) re payment in advance of 50 per cent of costs of farmland restoration and climate resiliency plan, and amended Subsec. (b) to delete provision re payment of 50 per cent of cost in advance of farm resources management plan or farmland restoration and climate resiliency plan and added provision re payment, within available appropriations, of 50 per cent of cost in advance of existing enumerated services by nonprofit organizations, soil and water conservation districts, The University of Connecticut Extension Services or any municipality provided state grant is not more than 90 per cent of such cost.

Sec. 22-6r. Certified farmers' markets. Definitions. Sale of farm products at farmers' kiosks and food establishments. Listing of farmers' market on web site and in promotional materials. (a) For purposes of this section:

(1) “Farmers' market” means a cooperative or nonprofit enterprise or association that consistently occupies a given site throughout the season or that occupies a given site for any given day or event and that operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, to sell Connecticut-grown farm products in conformance with the applicable regulations of Connecticut state agencies and where the farm products sold are produced by the participating farmers with the sole intent and purpose of generating a portion of household income;

(2) “Fresh produce” means fruits and vegetables that have not been processed in any manner;

(3) “Certified farmers' market” means a farmers' market that is authorized by the commissioner to operate;

(4) “Farmer's kiosk” means a structure or area located within a certified farmers' market used by a farm business to conduct sales of Connecticut-grown farm products;

(5) “Connecticut-grown” has the same meaning as “Connecticut-Grown”, as provided in section 22-38;

(6) “Farm” has the meaning ascribed to it in subsection (q) of section 1-1;

(7) “Farm products” means any fresh fruits, vegetables, mushrooms, nuts, shell eggs, honey or other bee products, maple syrup or maple sugar, flowers, nursery stock and other horticultural commodities, livestock food products, including meat, milk, cheese and other dairy products, food products of aquaculture, as defined in subsection (q) of section 1-1, including fish, oysters, clams, mussels and other molluscan shellfish taken from the waters of the state or tidal wetlands, products from any tree, vine or plant and their flowers, or any of the products listed in this subdivision that have been processed by the participating farmer, including, but not limited to, baked goods made with farm products.

(b) A farmer's kiosk at a certified farmers' market shall be considered an extension of the farmer's business and regulations of Connecticut state agencies relating to the sale of farm products on a farm shall govern the sale of farm products at a farmer's kiosk except that at such farmer's kiosk, no farmer shall falsely label any egg or offer for sale any egg that is adulterated, as defined in section 22-45.

(c) Except as provided in section 22-6s, a farmer offering farm products for sale at a certified farmers' market shall obtain and maintain any license required to sell such products.

(d) A food establishment, as defined in section 19a-36g, may purchase farm products that have been produced and are sold in conformance with the applicable regulations of Connecticut state agencies at a farmers' market, provided such establishment requests and obtains an invoice from the farmer or person selling farm products. The farmer or person selling farm products shall provide to the food establishment an invoice that indicates the source and date of purchase of the farm products at the time of the sale.

(e) Section 22-6g or this section shall not supersede the provisions of any state or local health and safety laws, regulations or ordinances.

(f) The Commissioner of Agriculture shall, upon request by any farmers' market, include such farmers' market on any list of farmers' markets that appears on the Department of Agriculture's Internet web site and include such farmers' market in any promotional materials concerning farmers' markets that are published or distributed by the department.

(P.A. 06-52, S. 1; P.A. 07-252, S. 59; P.A. 08-184, S. 9; P.A. 10-103, S. 1; P.A. 11-191, S. 2; P.A. 13-72, S. 2; P.A. 17-93, S. 11; 17-184, S. 4; P.A. 18-48, S. 14; 18-168, S. 22; P.A. 23-184, S. 2.)

History: P.A. 06-52 effective May 8, 2006; P.A. 07-252 amended Subsec. (a)(1) to include sale of fresh produce to food service establishments within definition of “farmers' market”, designated existing provisions of Subsec. (c) as Subsec. (c)(1) and added Subsec. (c)(2) to require food service establishments to request and obtain invoice from the farmer or person selling fresh produce that indicates source and date of purchase of the fresh produce at time of sale, effective July 12, 2007; P.A. 08-184 amended Subsec. (a)(1) to redefine “farmers' market” by replacing provision re sale to consumers and food service establishments with provision re sale “in conformance with the applicable regulations of Connecticut state agencies”, redesignated existing Subsecs. (c)(1) and (c)(2) as new Subsecs. (c) and (d), amended new Subsec. (d) by substituting “farm products” for “fresh produce” and providing that food service establishment may purchase farm products that have been produced and are sold in conformance with applicable state regulations at a farmers' market, and redesignated existing Subsec. (d) as Subsec. (e), effective June 12, 2008; P.A. 10-103 amended Subsec. (a)(1) by redefining “farmers' market”, effective June 2, 2010; P.A. 11-191 amended Subsec. (c) by adding exception re provisions of Sec. 22-6s, effective July 13, 2011; P.A. 13-72 added Subsec. (f) re inclusion of farmers' market on Department of Agriculture's Internet web site and in promotional materials published or distributed by department, effective June 5, 2013; P.A. 17-93 amended Subsec. (d) by replacing “food service establishment” with “food establishment” and replacing “19-13-B42 of the regulations of Connecticut state agencies” with “19a-36g”; P.A. 17-184 amended Subsec. (b) by adding provision re falsely labeled egg and adulterated egg, as defined in Sec. 22-45, effective July 10, 2017; P.A. 18-48 amended Subsec. (d) by replacing “food service establishment” with “food establishment”, effective May 29, 2018; P.A. 18-168 made identical change as P.A. 18-48; P.A. 23-184 amended Subsec. (a)(5) to redefine “Connecticut-grown”, effective June 28, 2023.

Sec. 22-26f. State Veterinarian. (a) There shall be a State Veterinarian who shall be an employee of the Department of Agriculture and shall serve as the state animal health official for the state. The Commissioner of Agriculture may designate one or more veterinarians to exercise all or part of the authority, powers and duties of the State Veterinarian in the absence of the State Veterinarian. Any veterinarian designated by the commissioner pursuant to this subsection shall meet the requirements of subsection (b) of this section.

(b) The State Veterinarian shall possess and retain during employment a license to practice veterinary medicine in this state. The State Veterinarian shall possess and retain federal accreditation in this state through the United States Department of Agriculture Animal and Plant Health Inspection Service and shall have not less than three years experience in large animal practice.

(c) The State Veterinarian shall (1) act as the official state epidemiologist for animal and poultry diseases, (2) coordinate state and federal governmental agencies and livestock and poultry producers to control diseases, and (3) administer and guide the development and management of disease control and eradication programs performed by the department. The State Veterinarian shall act as liaison with other units in the department, other state agencies and other officials regarding policies concerning disease control and cruelty to animals and shall supervise the quarantine and disposal of animals and poultry condemned because of disease.

(d) The State Veterinarian may issue orders to prevent the spread of contagious and infectious diseases among animals and poultry and may protect the public from such diseases as may be transmissible to human beings, either directly or through the products of such animals.

(e) The State Veterinarian shall annually issue a list of reportable animal and avian diseases and reportable laboratory findings and amend such list as the State Veterinarian deems necessary. The State Veterinarian shall distribute such list as well as any necessary forms and instructions for use in the reporting of such diseases to each veterinarian licensed in this state and to each diagnostic laboratory that conducts tests on animals or birds in this state.

(P.A. 93-205; P.A. 01-12; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; P.A. 08-13, S. 2; P.A. 23-184, S. 3.)

History: P.A. 01-12 made technical changes for the purpose of gender neutrality in Subsecs. (b) and (c) and added Subsec. (e) re annual list of reportable animal and avian diseases; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 08-13 amended Subsec. (b) to change State Veterinarian large animal practice experience requirement from 7 to 3 years, effective April 29, 2008; P.A. 23-184 amended Subsec. (a) to change reference from chief livestock health official to state animal health official and add provision re designation of 1 or more veterinarians to exercise authority of the State Veterinarian in the State Veterinarian's absence, effective June 28, 2023.

Sec. 22-26j. Agricultural enhancement matching grant program. Eligibility. Purposes. The Department of Agriculture shall establish and administer an agricultural enhancement matching grant program to any agricultural not-for-profit 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 enhancement. Such grants may be used for the following purposes: (1) Local capital projects that foster collective resources for 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; (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.

(P.A. 05-228, S. 2; June Sp. Sess. P.A. 05-3, S. 113; P.A. 08-13, S. 3; P.A. 09-229, S. 32; P.A. 13-247, S. 294; P.A. 16-107, S. 1; P.A. 21-155, S. 10; P.A. 23-184, S. 4.)

History: P.A. 05-228 effective July 1, 2005; June Sp. Sess. P.A. 05-3 changed effective date of P.A. 05-228 to October 1, 2005, effective June 30, 2005; P.A. 08-13 added “farm viability matching grant” and deleted “of matching grants” re program and added eligible entities, effective April 29, 2008; P.A. 09-229 added “agricultural not-for-profit organization” to list of eligible entities and added Subdiv. (3) re development of new marketing programs and venues, effective July 1, 2009; P.A. 13-247 deleted references to regional planning agency and regional council of elected officials and made a technical change, effective January 1, 2015; P.A. 16-107 added Subdiv. (4) re use of grants to develop and implement programs and services that promote farm and farmland access and transfer of farms, effective June 2, 2016; P.A. 21-155 added Subdiv. (5) re development of urban and nontraditional farming practices, effective July 12, 2021; P.A. 23-184 changed name from farm viability matching grant program to agricultural enhancement matching grant program and amended Subdiv. (1) to add reference to the fostering of collective resources for agricultural viability, effective June 28, 2023.