Bill Text: CT HB06156 | 2011 | General Assembly | Chaptered
Bill Title: An Act Concerning Farmers' Markets.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-07-13 - Signed by the Governor [HB06156 Detail]
Download: Connecticut-2011-HB06156-Chaptered.html
AN ACT CONCERNING FARMERS' MARKETS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For purposes of this section: (1) "Certified farmers' market" has the same meaning as provided in section 22-6r of the general statutes, and (2) "food service establishment" has the same meaning as provided in section 19-13-B42 of the regulations of Connecticut state agencies.
(b) Any permit or license to operate a food service establishment that is issued by a municipal health department or health district to a farmer for the purpose of such farmer's participation in a certified farmers' market within the jurisdiction of said municipal health department or health district shall be valid for the purpose of operating a food service establishment at any certified farmers' market in the state, provided (1) such operation is in accordance with the menu items and food preparation processes approved by said issuing municipal health department or health district, or (2) such operation utilizes menu items or food preparation processes that are substantially similar to the menu items and food preparation processes approved by said issuing municipal health department or health district. Not later than fourteen days prior to commencing the operation of a food service establishment in a municipality that is within the jurisdiction of a municipal health department or health district that did not issue a permit or license to such farmer, a notice of intent to commence such operation shall be sent by such farmer to the municipal health department or health district with such jurisdiction. Such notice shall contain a copy of the municipal health department or health district permit or license issued in accordance with this section and a copy of any food service plan developed as part of the application for such permit or license. Any permit or license issued in accordance with the provisions of this section shall be valid for the duration of the calendar year in which such permit or license was issued.
(c) Any local director of health may take any regulatory action such director deems necessary against any farmer who operates a food service establishment within the jurisdiction of such health department or district, as applicable, in order to ensure that such farmer is in compliance with the Public Health Code, provided no local director of health shall require any farmer to apply for or purchase a permit or license to operate a food service establishment if such farmer holds a valid permit or license issued by another municipal health department or health district and is in compliance with the provisions of subsection (b) of this section.
(d) Any farmer who operates a food service establishment in a certified farmers' market in accordance with this section and the menu items and food preparation processes approved by the municipal health department or health district that issued such permit or license, or who utilizes menu items or food preparation processes that are substantially similar to the menu items and food preparation processes approved by said issuing municipal health department or health district, shall be exempt from the provisions of any ordinance of any municipality or health district concerning the operation of a food service establishment. No municipal health department or health district shall require any farmer who applies for a permit or license to operate a food service establishment at a certified farmers' market to submit information regarding such farmer's ability to comply with any ordinance of any municipality or health district concerning the operation of such food service establishment.
Sec. 2. Section 22-6r of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(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" means produce and other farm products that have a traceable point of origin within Connecticut;
(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.
(c) [A] Except as provided in section 1 of this act, 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 service establishment, as defined in section 19-13-B42 of the regulations of Connecticut state agencies, 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 service 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.