Sec. 22-54p. Powers and duties of commissioner. Regulations.
Sec. 22-54s. Apple Marketing Advisory Board.
Sec. 22-38. Advertising of Connecticut-Grown farm products. Selling of Connecticut-Grown farm products at farmers' markets. (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”. Any person, firm, partnership or corporation advertising or labeling farm products as “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 two-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 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:
CONNECTICUT-GROWN FARM PRODUCT. (INSERT THE NAME AND 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.
(1949 Rev., S. 3076; 1949, S. 1705d; 1959, P.A. 412, S. 13; P.A. 85-204, S. 7, 14; P.A. 92-45, S. 1; P.A. 02-45, S. 1; P.A. 03-161, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-109, S. 5; P.A. 04-189, S. 1; P.A. 08-13, S. 5; P.A. 15-245, S. 1; P.A. 16-89, S. 3; P.A. 21-155, S. 3; P.A. 23-184, S. 6.)
History: 1959 act replaced commissioner of agriculture with commissioner of consumer protection; P.A. 85-204 transferred authority from the commissioner of consumer protection to the commissioner of agriculture; P.A. 02-45 replaced “Connecticut-Grown” with “Local, Locally-Grown”, replaced “in Connecticut” with “within the specified region” and included provision to allow products produced within a ten-mile radius of where the products are to be sold in the state as “Native”, “Native-Grown”, “Local”, “Locally-Grown” or similar terms, effective July 1, 2002; P.A. 03-161 delineated those farm products and eggs that may be sold or advertised as “Connecticut-Grown” and those farm products and eggs that may be sold as “Native”, “Native-Grown”, “Local” or “Locally-Grown”; 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. 04-109 made technical changes, effective May 21, 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 added Subsec. (a) defining “farm products” and “Connecticut-Grown”, designated existing provisions as Subsec. (b) and amended same to add provisions re ten-day written proof, commissioner's designee and product label and to make technical changes, effective April 29, 2008; P.A. 15-245 amended Subsec. (b) by changing fine from not more than $25 to not more than $100, added Subsec. (c) re sign requirement for selling of Connecticut-Grown farm products at farmers' markets and penalty for violation, and made technical changes; P.A. 16-89 amended Subsec. (c) to make technical changes, effective June 1, 2016; P.A. 21-155 added references to CT-Grown throughout, amended Subsec. (b) to add “or labeling” and delete reference to Native, Native-Grown, Local and Locally-Grown and amended Subsec. (c)(3) to revise form of sign; P.A. 23-184 amended Subsec. (b) to delete references to and provisions re “locally-grown”, “local”, “native” and “native-grown” and to change 10-mile radius provision to 2-mile radius, effective June 28, 2023.
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Sec. 22-39f. Penalty. Any person who fails to comply with the provisions of sections 22-39a to 22-39e, inclusive, or section 22-39g or 22-54u, any regulation adopted pursuant to subsection (h) of section 22-39g or section 22-54u, or who obstructs or hinders the Commissioner of Agriculture or the commissioner's authorized agents in the performance of their duties under the provisions of said sections, shall be fined fifty dollars for the first offense and two hundred dollars for each subsequent offense. In addition to such fine, the Commissioner of Agriculture is authorized to deny, suspend or revoke any license, permit, certificate or registration provided for in said sections issued to such person, in accordance with the provisions of chapter 54.
(1963, P.A. 72, S. 6; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146; P.A. 04-189, S. 1; P.A. 05-288, S. 89; P.A. 21-155, S. 4; P.A. 23-184, S. 7.)
History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture and Consumer Protection with single Commissioner 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. 05-288 made technical changes, effective July 13, 2005; P.A. 21-155 added reference to Sec. 22-39g and any regulation adopted pursuant to Sec. 22-39g(h), deleted reference to Commissioner of Consumer Protection, replaced fine for first offense from not less than $25 or more than $50 with $50 and replaced fine for subsequent offense from not less than $100 or more than $200 with $200, added “, permit, certificate or registration” and reference to Ch. 54 and made conforming changes; P.A. 23-184 added references to Sec. 22-54u, effective June 28, 2023.
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Sec. 22-47. Exemptions. Producers selling eggs of their own producing direct to household users are exempt from the provisions of this part, provided such eggs are cleaned to remove exterior debris, stored at an ambient air temperature of not greater than forty-five degrees Fahrenheit, are not adulterated and contain a label that is not false or misleading and that includes the: (1) Producer's name and address, (2) type of egg, if not chicken eggs, (3) quantity of eggs, and (4) safe food handling instructions. All types of shippers selling eggs to a first receiver who will grade them into the proper size and grade before reselling are exempt from the provisions of this part.
(1949 Rev., S. 3083; P.A. 23-184, S. 8.)
History: P.A. 23-184 added provisions re requirements concerning the cleaning, storing and labeling of such eggs, effective June 28, 2023.
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Sec. 22-54p. Powers and duties of commissioner. Regulations. (a) The Commissioner of Agriculture may: (1) Issue and administer an apple market order regulating the marketing of apples, and (2) suspend the apple market order for one marketing season if he determines that the market order is not necessary to achieve the goals established in subsection (b) of section 22-54q. The commissioner shall administer the estimated budget prepared by the Apple Marketing Advisory Board pursuant to section 22-54s and may impose an assessment on apple producers sufficient to cover the costs of such budget.
(b) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to implement this section and sections 22-54q to 22-54t, inclusive, including the establishment of procedures to conduct a referendum pursuant to subsection (c) of section 22-54q.
(P.A. 91-77, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 23-184, S. 10.)
History: 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. 04-189 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. 23-184 changed reference from the Apple Marketing Board to the Apple Marketing Advisory Board, effective June 28, 2023.
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Sec. 22-54s. Apple Marketing Advisory Board. (a) There is established an Apple Marketing Advisory Board that shall be within the Department of Agriculture for administrative purposes only. Such advisory board shall assist and advise the Commissioner of Agriculture in carrying out the provisions of sections 22-54p to 22-54t, inclusive. Such advisory board shall consist of six apple producers, a member of the general public and the Commissioner of Economic and Community Development, or said commissioner's designee, who shall be a nonvoting member of the advisory board. The members of the advisory board who are apple producers shall be appointed by the Commissioner of Agriculture from nominations submitted to the commissioner by the Connecticut Pomological Society or by any apple producer. The member of the advisory board who is a member of the general public shall be appointed by the Commissioner of Agriculture. The Commissioner of Agriculture shall additionally appoint three alternate members of the advisory board consisting of two apple producers and a member of the general public. Such alternate members of the advisory board may attend all meetings of the advisory board. If any member of the advisory board is absent, the chairperson of the advisory board may designate an alternate member to serve in lieu of such member. The members of such advisory board shall serve terms of three years. Any member may be eligible for reappointment. Members of the advisory board and any alternate members shall receive no compensation for their services but shall be reimbursed for necessary expenses in the performance of their duties. Such expenses shall be paid from money collected by the commissioner in accordance with the provisions of section 22-54r. At its first meeting, such advisory board shall select a chairperson from among its members and such other officers as such advisory board deems necessary. A majority of the appointed members of such advisory board shall constitute a quorum.
(b) The advisory board shall prepare and submit to the Commissioner of Agriculture for the commissioner's review and consideration: (1) Recommendations concerning the apple market order described in section 22-54q and for a publicity program to maintain and enhance existing apple markets and create new apple markets; (2) a proposed budget for the implementation of the apple market order and the program created pursuant to such order; (3) marketing research proposals that are beneficial to the apple industry in the state; (4) recommendations for the collection of the assessment imposed pursuant to section 22-54r; and (5) recommendations for revisions to the apple market order. Any publicity program described in subdivision (1) of this subsection shall not refer to any particular brand or trade name or disparage the quality, value, sale or use of any other agricultural commodity.
(c) Each apple producer shall file with the advisory board, on forms provided by the advisory board, information on the harvested crop of such producer, including the number of first sale units and the disposition of such units at fresh markets, cold storage or other destinations. The advisory board shall provide the commissioner with such information as the commissioner deems necessary to fulfill the purposes of sections 22-54p to 22-54t, inclusive.
(P.A. 91-77, S. 5; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 23-184, S. 9.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 23-184 amended Subsec. (a) to delete existing provisions and establish the Apple Marketing Advisory Board and its purpose and membership, Subsec. (b) to delete existing provisions and establish duties of advisory board and Subsec. (c) to add references to advisory board, effective June 28, 2023.
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