AN ACT CONCERNING FARMER'S MARKETS.

The bill expands the types of products that can be sold at farmers' markets that participate in the Women, Infants, and Children (WIC) program. Under current law, such markets principally serve as markets for farmers who sell Connecticut-grown fresh produce. The bill instead defines such markets as places where, in addition to fresh produce, “farm products” are sold, which include honey, maple syrup, flowers, meat, milk, and cheese.

The bill also requires that at least two of the farmers participating in such markets sell Connecticut-grown fresh produce, and it appears to expand the definition of such produce by eliminating the exclusion of nuts, popcorn, vegetable plants or seedlings, dried beans or peas, seed or grains, flowers, cider, and eggs

This bill establishes requirements for “certified farmers' markets,” which it defines as one the commissioner (presumably the agriculture commissioner) authorizes to operate. However, it does not require that such markets obtain this authorization or specify an authorization process.

Current law stipulates the mandates and guidelines that farmers' markets participating in the WIC program must follow, but does not detail how food sold at these and farmers' markets in general is regulated. The bill specifies that existing law concerning WIC program farmers' markets and the bill's certified farmers' markets provisions do not supersede state and local health and safety laws, regulations, or ordinances.

*Senate Amendment “A” changes several definitions pertaining to farmers' markets, including expanding definitions for farm products and fresh produce for WIC program markets, and eliminates definitions tying together the two types of farmers' markets.

Under the bill, for both certified farmers' markets and WIC program farmers' markets:

1. “farm products” are (a) 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; (b) livestock food products, including meat, milk, cheese, and other dairy products; (c) “aquaculture” products, as defined by law, including fish, oysters, clams, mussels, and other molluscan shellfish taken from state waters or wetlands; (d) products from any tree, vine, or plant and their flowers; or (e) any of the products listed above that the participating farmer processed, which include baked goods made with farm products and

2. “fresh produce” means fruits and vegetables that have not been processed in any manner. (The bill eliminates the exclusion of nuts, popcorn, dried beans, flowers, etc. from the definition of “fresh produce” for the WIC program farmers' markets. )

1. “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;

2. “Connecticut-grown” means produce and other farm products that have a traceable point of origin within Connecticut; and

3. “farmers' market,” as a cooperative or nonprofit enterprise or association that consistently occupies a site throughout the season, which operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, (a) to sell Connecticut-grown farm products directly to consumers and (b) where the farm products sold are produced by the participating farmers with the sole intent and purpose of generating a portion of household income.

The bill requires farmers who sell products at a kiosk at a certified farmers' market to get and maintain any required license to sell the products and comply with state regulations on the sale of farm products on a farm (i. e. , sales at such a market are an extension of sales on the farm). By law, farmers must obtain U. S. Department of Agriculture licenses to sell eggs and meat, for example.

Under the bill, a certified farmers' market is one that the commissioner, presumably the agriculture commissioner, authorizes to operate. The bill does not provide an authorization process or require authorization for such a market. (The law defines an “authorized farmers' market” for the WIC program as one that operates within the WIC service area and is a site authorized by the Agriculture Department for the exchange of vouchers for Connecticut-grown fresh produce. )

On March 8, the Environment Committee favorably reported the bill (File 134). The Senate referred the bill to the Public Health Committee, which favorably reported it on April 10. The Senate amended it on April 20, changing definitions for farmers' markets.

Yea

Nay

(03/08/2006)

Yea

Nay

(04/10/2006)