CHAPTER 422
DEPARTMENT OF AGRICULTURE

      Sec. 22-1. Department of Agriculture. There shall be a state Department of Agriculture, consisting of a Commissioner of Agriculture and, subject to the provisions of chapter 67, such employees as may be necessary for the performance of the duties required by the general statutes.

      (1953, S. 1691d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-614, S. 309, 610; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 77-614 deleted board of agriculture and deputy commissioner, effective January 1, 1979; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.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.

      Secs. 22-1a and 22-1b. Commissioner, department and council, general terminology change. Sections 22-1a and 22-1b are repealed.

      (1959, P.A. 637, S. 2-5; 1961, P.A. 39, S. 2; 67; 217; February, 1965, P.A. 24, S. 1; 1967, P.A. 94, S. 1; 1971, P.A. 872, S. 154.)

      See Sec. 22-6 re powers and duties of commissioner.

      Sec. 22-1c. Terminology change. As used in the general statutes, the terms "Commissioner of Agriculture and Natural Resources", and "Department of Agriculture and Natural Resources" and "commissioner" and "department", when used in reference thereto, shall mean the Commissioner or Department of Agriculture, as the case may be.

      (1971, P.A. 872, S. 446.)

      Sec. 22-2. Board of Agriculture. Section 22-2 is repealed.

      (1953, S. 1692d; 1967, P.A. 269; P.A. 76-261, S. 1, 2; P.A. 77-614, S. 609, 610.)

      Sec. 22-3. Duties of commissioner. Preservation of Connecticut agricultural lands. Definitions. (a) The Commissioner of Agriculture shall evaluate all information and statistics collected by the department with regard to agriculture for the purpose of recommending methods to be pursued, the needs and wants of practical husbandry and the adaptation of agricultural products to soil, climate and markets, and shall determine the policies best adapted to encourage and promote the development of agriculture within the state. The commissioner may appoint qualified persons to make studies and recommendations concerning matters of interest to the commissioner.

      (b) As used in this section "agricultural land" means any land in the state suitable with reference to soil types, existing and past use of such land for agricultural purposes and other relevant factors, for the cultivation of plants, for the production of human food and fiber or other useful and valuable plant products and for the production of animals, livestock and poultry useful to man and the environment and may include adjacent pastures, wooded land, natural drainage areas and other adjacent open areas; "development rights" means the rights of the fee simple owner of agricultural land to develop, construct on, sell, lease or otherwise improve such land for uses that result in rendering such land no longer agricultural land, but shall not be construed to include: (1) The rights of the fee owner of agricultural land to develop, construct on, sell, lease or otherwise improve the agricultural land to preserve, maintain, operate or continue such land as agricultural land, including but not limited to, construction thereon of residences for persons, farm buildings, roadside stands for retail sale of food products and ornamental plants, facilities for the storing of equipment and products or processing thereof or such other improvements thereon as may be directly or incidentally related to the agricultural operation or (2) the rights of the fee owner to provide for the extraction of minerals, gravel or like natural elements.

      (c) The commissioner shall (1) obtain an inventory of all land in the state which, without substantial removal of structures on such land, meets the definition of agricultural land provided in subsection (b) of this section, (2) formulate criteria for the designation of lands for which development rights may, in the future, be acquired by the state, including consideration of cost of acquisition, and (3) assist any municipality, upon written request, in identifying those agricultural lands in such municipality deserving of preservation for agricultural purposes.

      (d) The joint committee of the General Assembly having cognizance of matters relating to agriculture shall review and evaluate at least quarterly the criteria and procedures regarding the inventory of agricultural land made in accordance with the provisions of this section. The commissioner shall report at least quarterly the findings made in accordance with the provisions of this section to said committee.

      (1953, S. 1693d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 545; 1971, P.A. 872, S. 446, 448; P.A. 75-463, S. 1, 2; P.A. 76-105, S. 1, 2; P.A. 77-614, S. 310, 610; P.A. 82-314, S. 61, 63; P.A. 99-110, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 acts replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources and added provisions re director of agriculture; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 75-463 added Subsecs. (b) to (e) re definitions, land inventory, criteria for land classification, etc.; P.A. 76-105 added Subdiv. (3) in Subsec. (c) requiring board to assist municipalities in identifying lands deserving preservation for agricultural purposes; P.A. 77-614 transferred duties formerly held by board to commissioner of agriculture and deleted provisions in Subsec. (a) re director of agriculture, effective January 1, 1979; P.A. 82-314 changed official name of environment committee; P.A. 99-110 deleted former Subsec. (d) which had required adoption of regulations regarding removal of minerals from agricultural land, relettering Subsec. (e) as (d); 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.

      Subsec. (b):

      Cited. 212 C. 727.

      Sec. 22-4. Appointment of commissioner. The Commissioner of Agriculture shall be appointed in accordance with the provisions of sections 4-5, 4-6, 4-7 and 4-8. Said commissioner shall receive an annual salary to be determined as provided by section 4-40 and shall devote his full time to the duties of his office.

      (1949 Rev., S. 3053; 1953, 1955, June, 1955, S. 1694d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-614, S. 311, 610; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 77-614 replaced "sections 4-5 to 4-8, inclusive" with list of individual sections, effective January 1, 1979; 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.

      Sec. 22-4a. Delegation of commissioner's authority. (a) The Commissioner of Agriculture may designate as his agent any state or regional agency or municipality or employee thereof and delegate to such agent the authority to inspect in connection with the enforcement of the provisions of this title, or any regulation adopted, or permit or order issued, by the commissioner pursuant to this title. Any delegation of authority by the commissioner shall be with the consent of such state or regional agency or municipality.

      (b) Prior to the delegation of such authority, the Commissioner of Agriculture shall consider: (1) Whether a potential designee has or can obtain knowledge and training to carry out the delegated authority; (2) whether the delegated authority is within the jurisdiction of a potential designee pursuant to any other statute, regulation or local ordinance; and (3) whether a potential designee has the financial and administrative capacity to carry out the delegation.

      (c) Notwithstanding any delegation of authority pursuant to this section, the Commissioner of Agriculture shall retain authority to act under the provisions of this title and any decision by the commissioner shall preempt the decision of a designee.

      (P.A. 95-141, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: June 30 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.

      Sec. 22-4b. Designation of agents of commissioner. The Commissioner of Agriculture may designate as his agent (1) any deputy commissioner to exercise all or part of the authority, powers and duties of said commissioner in his absence or (2) any deputy commissioner or any employee, assistant or agent employed by the Department of Agriculture to exercise such authority of the Commissioner of Agriculture as he delegates for the administration or enforcement of any applicable statute, regulation, permit or order.

      (P.A. 95-141, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and 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.

      Sec. 22-4c. Powers of commissioner. Recording and transcription of hearings. Payment of related costs or expenses. (a) The Commissioner of Agriculture may: (1) Adopt, amend or repeal, in accordance with the provisions of chapter 54, such standards, criteria and regulations, and such procedural regulations as are necessary and proper to carry out the commissioner's functions, powers and duties; (2) enter into contracts with any person, firm, corporation or association to do all things necessary or convenient to carry out the functions, powers and duties of the department; (3) initiate and receive complaints as to any actual or suspected violation of any statute, regulation, permit or order administered, adopted or issued by the commissioner. The commissioner may hold hearings, administer oaths, take testimony and subpoena witnesses and evidence, enter orders and institute legal proceedings including, but not limited to, suits for injunctions and for the enforcement of any statute, regulation, order or permit administered, adopted or issued by the commissioner; (4) provide an advisory opinion, upon request of any municipality, state agency, tax assessor or any landowner as to what constitutes agriculture or farming pursuant to subsection (q) of section 1-1, or regarding classification of land as farm land or open space land pursuant to sections 12-107b to 12-107f, inclusive; (5) in accordance with constitutional limitations, enter at all reasonable times, without liability, upon any public or private property, except a private residence, for the purpose of inspection and investigation to ascertain possible violations of any statute, regulation, order or permit administered, adopted or issued by the commissioner and the owner, managing agent or occupant of any such property shall permit such entry, and no action for trespass shall lie against the commissioner for such entry, or the commissioner may apply to any court having criminal jurisdiction for a warrant to inspect such premises to determine compliance with any statute, regulation, order or permit or methods of manufacture or production ascertained by the commissioner during, or as a result of, any inspection, investigation or hearing; (6) undertake any studies, inquiries, surveys or analyses the commissioner may deem relevant, through the personnel of the department or in cooperation with any public or private agency, to accomplish the functions, powers and duties of the commissioner; (7) require the posting of sufficient performance bond or other security to assure compliance with any permit or order; (8) provide by notice printed on any form that any false statement made thereon or pursuant thereto is punishable as a criminal offense under section 53a-157b; (9) by regulations adopted in accordance with the provisions of chapter 54, require the payment of a fee sufficient to cover the reasonable cost of acting upon an application for and monitoring compliance with the terms and conditions of any state or federal permit, license, registration, order, certificate or approval. Such costs may include, but are not limited to, the costs of (A) public notice, (B) reviews, inspections and testing incidental to the issuance of and monitoring of compliance with such permits, licenses, orders, certificates and approvals, and (C) surveying and staking boundary lines. The applicant shall pay the fee established in accordance with the provisions of this section prior to the final decision of the commissioner on the application. The commissioner may postpone review of an application until receipt of the payment.

      (b) In any hearing held on or after October 1, 1995, on an application for any license issued by the commissioner, (1) the applicant shall pay all costs of recording and transcribing the hearing if a transcript is required by law, and (2) any applicant who requests a copy of a transcript of a hearing for which a transcript is not required by law shall pay to the department any expenses incurred by the department in having such transcript prepared. In any proceeding held on or after October 1, 1995, on a department order to enforce any statute, regulation, permit or order administered or issued by the commissioner, the respondent or other person taking an appeal from a final decision of the commissioner shall pay all costs of recording and transcribing the hearing if a transcript is required by law. Upon a showing of indigency by such respondent or person, the court may require the commissioner to pay such costs.

      (P.A. 95-141, S. 4; P.A. 00-196, S. 18; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 05-160, S. 1.)

      History: P.A. 00-196 made technical changes in Subsec. (a); 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. 05-160 amended Subsec. (a) by adding new Subdiv. (4) to allow commissioner to provide advisory opinion re what constitutes agriculture or farming or re classification of open space or farm land and by redesignating existing Subdivs. (4) to (8) as new Subdivs. (5) to (9), effective July 1, 2005.

      Sec. 22-4d. Cease and desist orders. (a) The Commissioner of Agriculture, whenever he finds after investigation that (1) any person is causing, engaging in or maintaining, or is about to cause, engage in or maintain, any condition or activity which, in his judgment, will result in or is likely to result in imminent and substantial harm to any animal, or to public health within the jurisdiction of the commissioner under the provisions of this title, (2) there is a violation of the terms and conditions of a permit issued by him that is in his judgment substantial and continuous and it appears prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, or (3) any person is conducting, has conducted, or is about to conduct an activity which will result in or is likely to result in imminent and substantial harm to the animal, or to public health within the jurisdiction of the commissioner under the provisions of this title for which a license is required under the provisions of this title without obtaining such license, may, without prior hearing, issue a cease and desist order in writing to such person to discontinue, abate or alleviate such condition or activity.

      (b) The commissioner shall serve any cease and desist order issued pursuant to this section in accordance with the provisions of sections 33-296, 33-297, 33-1050, 33-1051 and 52-57, as applicable. The commissioner may also cause a copy of the order to be posted upon property which is the subject of the order, and no action for trespass shall lie for such posting. Such cease and desist order shall be binding upon all persons against whom it is issued, their agents and any independent contractor engaged by such persons.

      (c) Upon receipt of such order such person shall immediately comply with such order. The commissioner shall hold a hearing within ten days of the date of receipt of such order by all persons served with such order to provide any such person an opportunity to be heard and show that such condition does not exist or such violation has not occurred or a license was not required or all required licenses were obtained. All briefs or legal memoranda to be presented in connection with such hearing shall be filed not later than ten days after such hearing. Such order shall remain in effect until fifteen days after the hearing within which time a new decision based on the hearing shall be made.

      (d) The Attorney General, upon the request of the commissioner, may institute an action in the superior court for the judicial district of Hartford to enjoin any person from violating a cease and desist order issued pursuant to this section and to compel compliance with such order.

      (P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-141, S. 5; 95-220, S. 4-6; P.A. 96-256, S. 207, 209; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in 1995 public and special acts, effective September 1, 1998); P.A. 96-256 amended Subsec. (b) to replace reference to Sec. 33-433 with Secs. 33-1050 and 33-1051, effective January 1, 1997; 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.

      Sec. 22-5. Deputy commissioner. Section 22-5 is repealed.

      (1949 Rev., S. 3053; 1953, June, 1955, S. 1695d; P.A. 77-614, S. 609, 610.)

      Sec. 22-6. Powers and duties of commissioner. The Commissioner of Agriculture shall be the administrative head of the Department of Agriculture. He shall encourage and promote the development of agriculture within the state and collect and publish information and statistics in regard to the agricultural and animal industries and interests of the state and submit the same to the Governor in his annual report. He shall, annually, visit different sections of the state and investigate the methods and wants of practical husbandry, the adaptation of agricultural products to soil, climate and markets, and, as far as practicable, visit agricultural fairs within the state, encourage the establishment of farmers' clubs, agricultural libraries and reading rooms and disseminate agricultural information by lectures or otherwise. In cooperation with The University of Connecticut, he may prepare and publish bulletins containing information concerning the cost of production of farm products. He is authorized to hold an annual state exhibit at the Eastern States Exposition at West Springfield, Massachusetts. He is authorized to enter into an agreement with the United States Department of Agriculture for cooperative work in the collection and publication of agricultural statistics. The commissioner shall have the authority to charge such fees as he may deem reasonable for publications of information by any of the component agencies of the Department of Agriculture. The commissioner shall review any proposed capital project which would convert twenty-five or more acres of prime farmland or one acre or more of shellfish grounds to a nonagricultural use and if such project promotes agriculture or the goal of agricultural land preservation or if there is no reasonable alternative site for the project he shall file a statement with the Bond Commission so indicating. The commissioner shall file a statement with the Bond Commission for any proposed capital project which would convert or impair any shellfish grounds and shall include in such statement any comments he deems appropriate for the protection of such grounds. The commissioner shall administer those provisions of sections 12-107a, 12-107b, 12-107c and 12-107e which address the assessment of farmland and open space. The commissioner may request the Attorney General to bring an action in the Superior Court for injunctive relief requiring compliance with any statute, regulation, order or permit administered, adopted or issued by him. The Commissioner of Agriculture may designate as his agent (1) any deputy commissioner to exercise all or part of the authority, powers and duties of the commissioner in his absence and (2) any deputy commissioner or any employee to exercise such authority of the commissioner as he delegates for the administration or enforcement of any applicable statute, regulation, permit or order, except the authority to render a final decision after a hearing.

      (1949 Rev., S. 3054; 1953, S. 1696d; September, 1957, P.A. 11, S. 13; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1967, P.A. 508, S. 1; 1969, P.A. 23; 1971, P.A. 872, S. 393; P.A. 77-614, S. 312, 610; P.A. 83-102, S. 2; P.A. 87-504, S. 1, 5; P.A. 89-226, S. 1; P.A. 94-201, S. 4, 7; P.A. 95-156, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1967 act deleted two thousand dollar limit on expenses of exhibit at Eastern States Exposition; 1969 act allowed commissioner to charge reasonable fees for publications by component agencies of department; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture and added provisions placing board of agriculture and Connecticut marketing authority under supervision of commissioner and department of agriculture; P.A. 77-614 deleted provisions which had made commissioner responsible for carrying out board of agriculture's policies and which had placed board and marketing authority within jurisdiction of agriculture commissioner and department, effective January 1, 1979; P.A. 83-102 required the commissioner to review certain capital projects before bonding authorization for their impact on agriculture and agricultural land preservation; P.A. 87-504 authorized the commissioner to request the attorney general to seek an injunction for compliance with agricultural statutes, regulations, orders or permits; P.A. 89-226 added the provisions authorizing the commissioner to designate an agent; P.A. 94-201 directed the commissioner to administer certain provisions of Secs. 12-107a to 12-107c, inclusive, and 12-107e, effective July 1, 1994; P.A. 95-156 added provisions re review of capital projects which will affect shellfish grounds; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and 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.

      See Sec. 19a-341 re inspection and approval of agricultural or farming operations to determine that operation follows generally accepted agricultural practices.

      See Sec. 22a-285a re proposals for ash residue disposal areas.

      Sec. 22-6a. Receipt of federal funds and gifts by commissioner. The Commissioner of Agriculture may, subject to any limitations otherwise imposed by law, receive and accept on behalf of the Department of Agriculture or any component agency thereof any funds which may be offered or which may become available from federal grants or appropriations, private gifts, donations or bequests, or any other source and may expend such funds for the purposes of such grants or appropriations, gifts, donations or bequests.

      (February, 1965, P.A. 41, S. 1; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and 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.

      See Sec. 22a-22 re acceptance of federal aid by Environmental Protection Commissioner.

      Sec. 22-6b. Refunds of sums paid Department of Agriculture. The Comptroller, upon application of the Commissioner of Agriculture, may draw his order upon the Treasurer in favor of any person equitably entitled to the refund of any money paid to any component agency of the Department of Agriculture for the amount of such refund as determined by the Commissioner of Agriculture, provided, if the amount of such refund exceeds two hundred fifty dollars, such refund shall only be made with the approval of the Secretary of the Office of Policy and Management.

      (1969, P.A. 15; 1971, P.A. 872, S. 446, 448; P.A. 77-614, S. 19, 610; P.A. 82-207, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 82-207 amended the section to increase from twenty-five dollars to two hundred fifty dollars the amount the department can refund without approval of the secretary of the office of policy and management; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and 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.

      Sec. 22-6c. Reimbursement of comprehensive farm nutrient management plan or farm resources management plan costs. Limitation of amounts. The Commissioner of Agriculture may reimburse any farmer for part of the cost of compliance with a comprehensive farm nutrient management plan or a farm resources management plan, provided such plan has been approved by the Commissioner of Environmental Protection. The Commissioner of Agriculture, in cooperation with the United States Department of Agriculture, may certify for payment comprehensive farm nutrient management or farm resources management plan practices that have been approved by the Commissioner of Environmental Protection pursuant to this section. The total federal and state grant available to a farmer shall not be more than ninety per cent of such cost. In making grants under this section, the commissioner shall give priority to capital improvements made in accordance with a comprehensive farm nutrient management plan or a farm resources plan prepared pursuant to section 22a-354m.

      (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.)

      History: P.A. 75-335 made reimbursement for one-half of cost of completion of component of farm waste management system optional rather than mandatory; P.A. 85-266 made the maximum grant seventy-five per cent of the cost of a component, rather than fifty per cent of the cost but not more than thirty-five hundred dollars; 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 seventy-five to ninety per cent 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.

      Sec. 22-6d. Definitions. As used in section 22-6e: "Commissioner" means the Commissioner of Agriculture; "department" means the Department of Agriculture; "garden" means a piece of land appropriate for the cultivation of herbs, fruits, flowers, or vegetables; "sponsor" means any municipal agency or nonprofit civic service association or organization designated by the commissioner to operate a program pursuant to section 22-6e; "use" means, when applied to gardening, to make use of, without conveyance of title or any other ownership; "vacant public land" means any land owned by the state, or any municipality therein, that is not in use for public purposes.

      (P.A. 75-497, S. 1, 4; P.A. 77-75, S. 1, 3; P.A. 82-327, S. 9; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: P.A. 77-75 defined "sponsor"; P.A. 82-327 removed the reference to a repealed Sec. 7-152a; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and 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.

      Sec. 22-6e. Gardening or agricultural use of vacant public land. (a) The commissioner may develop a program to encourage the use of vacant public land owned by the state for gardening or agricultural purposes. In order to carry out said program, the commissioner shall: (1) In cooperation with other state agencies, compile a list of all vacant public land owned by the state, that in the opinion of such agencies and the commissioner may be feasibly used for gardening or agriculture, and (2) establish a procedure for application to the department on a form to be furnished by the commissioner for a permit to use available vacant public land for gardening or agricultural purposes. The commissioner shall adopt regulations pursuant to chapter 54 to carry out the provisions of this section, including but not limited to requirements for agreements to use vacant public land for gardening or agricultural purposes, establishment of a fee for such permit, except that no fee shall be charged for gardening permits, and requirements for the use of such land for agricultural purposes based on competitive open bidding. Permits shall be for a period prescribed by the commissioner but shall not exceed ten years from the date of issuance. After such period permit holders may apply for a new permit or renewal of the permit. Applicants shall submit a plan for such use and shall agree to maintain the land in a condition consistent with such land use plan, and shall agree to abide by regulations adopted by the department pursuant to chapter 54. Failure to carry out the conditions of agreement shall result in the forfeiture of the garden or agriculture permit. Any applicant who is granted the use of vacant public land for gardening or agricultural purposes shall indemnify and save harmless the state and all of its officers, agents and employees against suits and claims of liability of each name and nature arising out of, or in consequence of the use of vacant public land.

      (b) Any permit issued pursuant to subsection (a) of this section may be terminated by the commissioner, without cause, upon written notice to the permittee.

      (c) A sponsor who has a gardening permit may assess a fee to individual gardeners for the sole purpose of reimbursing such sponsor for costs incurred in land preparation.

      (d) Any payments by the permit holder pursuant to an agreement for the use of state land for agricultural purposes shall be credited in equal shares to the General Fund account of the agency whose land is being used for such purposes and to the Department of Agriculture for the purpose of administering the program.

      (P.A. 75-497, S. 2, 4; P.A. 77-75, S. 2, 3; P.A. 82-310, S. 1, 2; P.A. 83-26; P.A. 05-124, S. 3; P.A. 06-196, S. 153.)

      History: P.A. 77-75 added "sponsor" in Subdiv. (2), replaced "person" with "applicant" in hold harmless provision and added Subsecs. (b) and (c) re termination of permits and fees; P.A. 82-310 amended the section to authorize the use of vacant public land for agricultural purposes where before use was restricted to gardening, required the commissioner adopt regulations and establish permit fees and added Subsec. (d) mandating payments be credited to the general fund account of the agency whose land is used for agricultural purposes; P.A. 83-26 amended Subsec. (a) to require regulations for agricultural use based on competitive open bidding; P.A. 05-124 made a technical change and extended maximum permit period from seven to ten years in Subsec. (a) and credited payments by permit holder in equal shares to General Fund and Department of Agriculture for purpose of administering program in Subsec. (d); P.A. 06-196 made a technical change in Subsec. (b), effective June 7, 2006.

      See Sec. 22-6d for applicable definitions.

      Sec. 22-6f. Participation in farmers' market coupon programs. Regulations. (a) The Commissioners of Agriculture and Public Health are authorized to take advantage of the farmers' market program under the Special Supplemental Food Program for Women, Infants, and Children, as amended from time to time and other farmers' market programs. Such programs shall be administered in a manner consistent with federal laws and regulations, where applicable.

      (b) The commissioners may (1) establish guidelines for the certification of farmers who are eligible for the program, (2) issue compliance orders to participating farmers and (3) take any action necessary to recoup from a participant or contractor any grant funds which, through negligence or fraud, were misused or otherwise diverted from the purposes of the program.

      (c) The Commissioner of Agriculture, in consultation with the Commissioner of Public Health, may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

      (P.A. 90-313, S. 1, 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; 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.

      Sec. 22-6g. Connecticut Farmers' Market/Women, Infants and Children Program: Definitions. For the purposes of sections 22-6g to 22-6p, inclusive:

      (1) "Application" means a request made by an individual to the department for vendor certification in CFM/WIC on a form provided by the department;

      (2) "Authorized farmers' market" means a farmers' market that operates within the service area and is a site authorized by the department for the exchange of vouchers and Connecticut-grown fresh produce;

      (3) "Certified vendor" means an individual who has met all CFM/WIC conditions as outlined by the department and who is guaranteed payment on all vouchers accepted, provided compliance is maintained by that individual regarding all CFM/WIC rules and procedures as outlined in the vendor certification handbook;

      (4) "Certified vendor identification stamp" means a department-issued stamp that shall be utilized by the certified vendor during each occurrence of voucher deposit in the financial institution of certified vendor choice. This stamp shall remain the sole property of the department and shall be forfeited by the certified vendor to the department in the event of suspension;

      (5) "Certified vendor identification sign" means a department-issued sign which shall be clearly displayed by the certified vendor at all times when accepting or intending to accept vouchers in an authorized farmers' market. Signs shall remain the sole property of the department and shall be forfeited by the certified vendor to the department in the event of suspension;

      (6) "Certified vendor number" means a personal identification number issued by the department and assigned to an individual whom the department has identified as a certified vendor;

      (7) "Commissioner" means the Commissioner of Agriculture;

      (8) "Department" means the Department of Agriculture;

      (9) "Designated distribution WIC clinic" means a site authorized by the department for dispersal of vouchers by the local WIC agency;

      (10) "Distribution" means the process outlined by the department and the means by which local WIC agencies actually dispense vouchers to eligible participants;

      (11) "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;

      (12) "Farmers' market" means a cooperative or nonprofit enterprise or association that consistently occupies a given 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, to sell Connecticut-grown farm products directly to consumers, and where the products sold are produced by the participating farmers with the sole intent and purpose of generating a portion of household income;

      (13) "Fresh produce" means fruits and vegetables that have not been processed in any manner;

      (14) "CFM/WIC" means the Connecticut farmers' market supplemental food program for women, infants and children as administered by the department;

      (15) "Local WIC agency" means an entity that administers local health programs and which has entered into contract for voucher distribution and related service with the department;

      (16) "Connecticut-grown" means produce and other farm products that have a traceable point of origin within Connecticut;

      (17) "Posted hours and days" means the operational time frames stated in assurances submitted by a duly authorized representative of an authorized farmers' market which includes a beginning and an ending date for each year of operation;

      (18) "Participant" means a client of WIC who is at least one year of age, who possesses one of the WIC classification codes selected for inclusion by the Department of Public Health and who is an active participant in a designated distribution clinic;

      (19) "Season" means a clearly delineated period of time during a given year that has a beginning date and ending date, as specified by the department, which correlates with a major portion of the harvest period for Connecticut-grown fresh produce;

      (20) "Service area" means the geographic areas that encompass all of the designated distribution clinics and authorized farmers' markets within Connecticut for a given season;

      (21) "USDA-FNS" means the United States Department of Agriculture-Food and Nutrition Service;

      (22) "Vendor certification handbook" means a publication by the department that is based on USDA-FNS mandates and guidelines, addresses CFM/WIC rules and procedures applicable to a certified vendor, and provides the basis for vendor training. A copy of the publication shall be issued to each individual prior to application. New editions supersede all previous editions;

      (23) "Voucher" means a negotiable instrument issued by the department to participants that is redeemable only for Connecticut-grown fresh produce from certified vendors at authorized farmers' markets, with a limited negotiable period that directly correlates to the season designated by the department;

      (24) "WIC" means the special supplemental food program for women, infants and children, as administered by the Department of Public Health.

      (P.A. 94-187, S. 1, 12; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1; P.A. 06-52, S. 2.)

      History: P.A. 94-187 effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and 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. 06-52 added new Subdiv. (11) defining "farm products", redesignated existing Subdivs. (11) to (23) as Subdivs. (12) to (24), respectively, and redefined "farmers' market", "fresh produce" and "Connecticut-grown", effective May 8, 2006.

      Sec. 22-6h. Connecticut Farmers' Market/Women Infants and Children Program: Purposes. Administration. (a) There is established the Connecticut Farmers' Market/Women, Infants and Children Nutrition Program which shall be jointly funded by the state of Connecticut and the Food and Nutrition Service of the United States Department of Agriculture. The program shall supply Connecticut-grown fresh produce to participants of the special supplemental food program through the distribution of vouchers that are redeemable only at designated Connecticut farmers' markets. The program is designed to provide both a supplemental source of fresh produce for the dietary needs of women, infants and children who are judged to be at nutritional risk and to stimulate an increased demand for Connecticut-grown fresh produce at Connecticut farmers' markets.

      (b) The program shall be administered by the Commissioner of Agriculture who shall maintain all conditions as outlined in the farmers' market nutrition agreement entered into with USDA-FNS, as amended.

      (P.A. 94-187, S. 2, 12; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 94-187 effective July 1, 1994; 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.

      Sec. 22-6i. Connecticut Farmers' Market/Women, Infants and Children Program: Eligibility requirements. (a) The Department of Public Health WIC client screening processes and records shall provide the basis for identifying participants eligible for receipt of vouchers.

      (b) Local WIC agencies shall distribute vouchers at designated distribution clinics to participants in the manner specified by the department in the program and procedures guide for distribution clinic staff. Local WIC agency services shall ensure that:

      (1) Vouchers are distributed only to participants through verification that the client name and number on the distribution registry provided by the Department of Public Health correspond with the client name and number printed on the WIC identification folder in the possession of the participant.

      (2) Each eligible participant is issued five two-dollar vouchers during each distribution as authorized by the department.

      (3) The voucher serial numbers issued to the participant correspond to the number in the distribution registry in which the participant signature is affixed.

      (4) Each voucher issued and the distribution registry are properly signed by the participant in the presence of local agency staff at the time of distribution.

      (5) A proxy is not allowed to act on behalf of a participant, except in the case of a parent or legal guardian acting on behalf of a participant child or infant, or in the case of a husband acting on behalf of his wife.

      (6) Each participant is provided a thorough explanation of program guidelines and participant responsibility as outlined by the department.

      (7) All CFM/WIC support materials are put into use as outlined by the department.

      (8) Accurate and complete records of all related CFM/WIC activities in the possession of a WIC local agency are maintained and retained for a minimum of four years. In the event of litigation, negotiation, or audit findings, the records shall be retained until all issues arising from such actions have been resolved or until the end of the regular four-year period, whichever is later.

      (9) All agency records pertaining to this program shall be made available for inspection to representatives of USDA-FNS, the Comptroller General of the United States, the state Auditors of Public Accounts, the department, and the Department of Public Health as necessary, at any time during normal business hours, and as frequently as is deemed necessary for inspection and audit. Confidentiality of personal information shall be maintained as to all program participants at all times.

      (P.A. 94-187, S. 3, 12; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 94-187 effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

      Sec. 22-6j. Connecticut Farmers' Market/Women, Infants and Children Program: Responsibilities of participants. Participants shall be responsible for:

      (1) Qualifying under WIC program guidelines and attending a designated distribution clinic during the relevant distribution cycles when vouchers are dispersed;

      (2) Properly countersigning a voucher at time of use in the presence of the certified vendor who is accepting each voucher in exchange for fresh produce;

      (3) Using vouchers only to purchase Connecticut-grown fresh produce from certified vendors who display CFM/WIC signs at authorized farmers' markets;

      (4) Redeeming vouchers on or before the expiration date printed on the face of the voucher or surrendering all claim to the value of vouchers that remain unredeemed;

      (5) Ensuring vouchers that are received are not assigned to any other party other than as provided by the department;

      (6) Reporting violations or problems to the department or the local agency; and

      (7) Reporting all incidents of lost or stolen vouchers to the local agency.

      (P.A. 94-187, S. 4, 12.)

      History: P.A. 94-187 effective July 1, 1994.

      Sec. 22-6k. Connecticut Farmers' Market/Women, Infants and Children Program: Records. Authorization of markets. (a) Each authorized farmers' market shall maintain records of operation which shall be provided to the department and which shall include posted hours and days and shall be signed by a duly authorized representative of the farmers' market. Farmers' market assurances shall be submitted in a manner outlined by the department and shall provide evidence of:

      (1) Whether a farmers' market possesses the capability to serve the additional demands brought about by distribution of vouchers in the area without causing undue harm to the existing farmers' market consumer base; and

      (2) A willingness by persons associated with the farmers' market to meet all CFM/ WIC requirements. Information submitted by a farmers' market shall include, but not be limited to:

      (A) The number of Connecticut-grown fresh produce vendor participants,

      (B) Hours of operation to be maintained per week,

      (C) Season of operation, and

      (D) Accessibility and consistency of farmers' market location.

      (b) The department shall give priority to a farmers' market with previous involvement in CFM/WIC provided the farmers' market has maintained the conditions outlined in its farmers' market assurances and does not have a high incidence of certified vendor noncompliance or suspensions.

      (c) In determining a farmers' market's authorization, the commissioner shall consider the number of eligible applications received by the department prior to the first of May which indicate the intent to participate in the proposed farmers' market. The standard for the authorization of a single or principal farmers' market in a county shall be one eligible application for every one hundred participants who participate in the distribution clinic in said county. A minimum of two or more eligible applications shall be required for a farmers' market to receive authorization.

      (d) The number of farmers' markets authorized for the season shall be determined by the department no later than the thirty-first day of May prior to each season.

      (P.A. 94-187, S. 5, 12.)

      History: P.A. 94-187 effective July 1, 1994.

      Sec. 22-6l. Connecticut Farmers' Market/Women, Infants and Children Program: Vendor certification. (a) Vendor certification shall not be in effect and vouchers shall not be accepted until receipt by the applicant of a certified vendor identification stamp, a certified vendor identification sign and the applicant copy of the department-vendor agreement.

      (b) Vendor certification shall expire at the end of each year of issuance. The department shall not limit the number of vendors who may become certified under CFM/WIC. A vendor who satisfies all the following criteria shall be certified to accept vouchers:

      (1) Agrees to maintain only Connecticut-grown fresh produce on display in a certified vendor stall;

      (2) Indicates an intent to participate in one or more authorized farmers' markets;

      (3) Demonstrates participation in training on CFM/WIC rules and procedures through attendance in an entire session of one of the scheduled training meetings conducted by department staff;

      (4) Submits a signed statement of receipts of a vendor certification handbook;

      (5) Submits a completed application and crop plan to the department prior to the deadline established by the department; and

      (6) Submits completed and signed certified vendor agreements to the department.

      (P.A. 94-187, S. 6, 12.)

      History: P.A. 94-187 effective July 1, 1994.

      Sec. 22-6m. Connecticut Farmers' Market/Women, Infants and Children Program: Responsibilities of vendors. (a) A certified vendor may accept vouchers only for a transaction that takes place at a certified farmers' market and only in exchange for Connecticut-grown fresh produce and may accept vouchers as payment for Connecticut-grown fresh produce only if presented on or before the usage expiration date printed on the face of the voucher.

      (b) A certified vendor shall (1) prominently display a certified vendor identification sign as outlined in the certified vendor handbook, (2) provide Connecticut-grown fresh produce to participants upon receipt of a valid and properly completed voucher, which is signed by the WIC client, (3) handle transactions with WIC participants in the same manner as transactions with all other customers, (4) not collect state or local taxes on purchases involving vouchers, (5) charge participants a price for Connecticut-grown fresh produce that is equal to or less than the current price charged to nonparticipant customers, (6) not levy a surcharge based on the use of vouchers by participants, (7) return no cash or issue credit in any form to participants during sales transactions that involve vouchers only and in the event of a single transaction in which a participant presents a combination of cash and vouchers for the purchase of Connecticut-grown fresh produce, cash or credit up to the value of the cash portion of the payment shall be given to the participant, (8) participate in training as the department deems necessary to carry out the intent of CFM/WIC, (9) cooperate with the department in the evaluation of each season by completely and accurately responding to a survey, with resubmission to the department in a specified and timely manner, (10) immediately inform the department in the event of loss, destruction, or theft of either the certified vendor endorsement stamp or certified vendor identification sign so that a replacement may be issued, and (11) comply with all procedures and rules as herein outlined and as delineated in the department-vendor agreement, the certified vendor handbook and official written notices of clarification issued by the department to the vendor.

      (P.A. 94-187, S. 7, 12.)

      History: P.A. 94-187 effective July 1, 1994.

      Sec. 22-6n. Connecticut Farmers' Market/Women, Infants and Children Program: Penalties for violations. (a) The commissioner shall return a voucher to a certified vendor unpaid if the certified vendor identification number is not properly affixed to the back of the voucher, the certified vendor does not endorse the voucher or the participant's signature is missing on the face of the voucher. A voucher may be resubmitted for payment in the event that the signature or vendor certification identification error can be properly and legally corrected by the certified vendor. Violations of CFM/WIC procedures and rules applicable to a certified vendor shall be identified as Class I violations, Class II violations and Class III violations. Violations involving the use of multiple vouchers in a single sales transaction shall be considered as a single violation. Violations involving multiple sales transactions, regardless of time elapsed, shall be considered multiple violations at a standard of one violation per sales transaction.

      (b) For Class I violations, the commissioner shall issue a warning letter to the violating certified vendor. Failure to appropriately display the certified vendor identification sign shall constitute a Class I violation.

      (c) For Class II violations, the commissioner shall issue an official written citation of noncompliance to the violating certified vendor. The following shall constitute Class II violations:

      (1) Noncompliance with rules and procedures as outlined in the vendor certification handbook and in the department-vendor agreement which is not specifically identified as a Class I violation;

      (2) Participant is charged a price that is greater than that charged nonparticipant or is charged for items not received;

      (3) Refusal to accept valid vouchers for Connecticut-grown fresh produce;

      (4) Failure to permit or comply with procedures regarding inspection of evidence by the department when point of origin of fresh produce on display or offered for sale in a certified vendor staff is in question;

      (5) Abusive or discriminatory treatment of participants or CFM/WIC staff;

      (6) Displaying or offering for sale non-Connecticut-grown fresh produce in a certified vendor stall;

      (7) An authorized farmers' market is neither open nor staffed during posted hours and days during the season in which the certified vendor is a designated participant; or

      (8) The second like instance of a Class I violation by a single certified vendor.

      (d) For Class III violations, the commissioner shall suspend the violating vendor from participation in CFM/WIC. The following shall constitute Class III violations:

      (1) A third Class I violation by a single vendor;

      (2) The second of two Class II violations of the same type by a single vendor;

      (3) Exchanging ineligible products or cash for vouchers; or

      (4) Cashing vouchers for a noncertified market.

      (e) The commissioner shall issue a written official notice of noncompliance to the certified vendor within seventy-two hours of receipt of evidence involving an act of noncompliance. Suspension of a certified vendor from participation in CFM/WIC shall remain in effect for the remainder of the season. An exception shall occur when suspension occurs within thirty days of the expiration date for voucher usage by participants. In such case, suspension shall also include the entire season of the following calendar year. In the event of a suspension, the vendor shall reimburse the commissioner for the value of any vouchers deposited and paid upon after the official date of suspension notification. At the conclusion of a suspension period, the vendor may reapply for certification in order to resume participation in CFM/WIC.

      (f) Any vendor successfully recertified following a suspension shall be on probationary status for one full season. Recurrence of a Class II violation during the probationary period and for which the certified vendor has been cited shall be sufficient grounds for immediate and automatic suspension.

      (P.A. 94-187, S. 8, 12.)

      History: P.A. 94-187 effective July 1, 1994.

      Sec. 22-6o. Connecticut Farmers' Market/Women, Infants and Children Program: Citation of noncompliance of vendor. A written notice of noncompliance or suspension from the department shall be pending for seventy-two hours of receipt by the certified vendor. The certified vendor shall be granted the pending period for presenting sufficient evidence to the department to substantiate a reversal. Remedies undertaken in response to receipt of written notice of a pending citation of noncompliance or suspension shall not constitute evidence in defense of such citation. Failure to present any evidence to the department within the specified pending period shall constitute acceptance of the citation of noncompliance or suspension by the certified vendor. Submission of insufficient evidence by the certified vendor for determination of reversal on the pending citation by the department shall result in an official citation of noncompliance or suspension upon completion of the pending period.

      (P.A. 94-187, S. 9, 12.)

      History: P.A. 94-187 effective July 1, 1994.

      Sec. 22-6p. Connecticut Farmers' Market/Women, Infants and Children Program: Assurances. Vouchers. (a) Assurances, on forms provided by the department, must be submitted no later than the first day of March in order for the farmers' market to receive consideration of authorization for the upcoming season.

      (b) All applications shall be submitted no later than one month preceding the last date in which vouchers may be used by participants at authorized farmers' markets.

      (c) Vouchers shall be valid from the time of issue through the season ending date as designated by the department. Such date shall be clearly printed on the voucher face. Voucher usage shall be null and void after expiration date.

      (d) All vouchers accepted by a certified vendor shall be deposited on or before thirty days following the date of expiration for voucher usage by participants. Such date shall be clearly printed on the front of vouchers. Any claim to voucher payment beyond the voucher reimbursement expiration date is not valid and shall be denied.

      (e) Deadlines for submission of records, reports, survey instruments and undistributed vouchers by local agencies shall be established by the department and specified in the agreement entered into with the local agency.

      (f) The department shall develop and submit a completed operations report in January in a manner prescribed by USDA-FNS which summarizes the CFM/WIC operations for the previous year.

      (P.A. 94-187, S. 10, 12.)

      History: P.A. 94-187 effective July 1, 1994.

      Sec. 22-6q. Connecticut Farmers' Market/Senior Nutrition Program. (a) There is established the Connecticut Farmers' Market/Senior Nutrition Program which shall be provided for from funds available to the commissioner and from other sources as such funds may become available. The program shall supply Connecticut-grown fresh produce to senior participants through the distribution of vouchers that are redeemable only at designated Connecticut farmers' markets. For purposes of this section, a "senior participant" is defined as a person who is sixty years of age or older and is currently residing in elderly housing, or is a participant of a registered congregate meal site, or has been identified by a municipal elderly agent as being at nutritional risk. The program is designed to provide both a supplemental source of fresh produce for the dietary needs of seniors who are judged to be at nutritional risk and to stimulate an increased demand for Connecticut-grown produce at Connecticut farmers' markets.

      (b) The program shall be administered by the Commissioner of Agriculture who shall maintain all conditions for its operations.

      (P.A. 94-187, S. 11, 12; P.A. 98-12, S. 1, 22; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 94-187 effective July 1, 1994; P.A. 98-12 deleted former Subsec. (c) re adoption of regulations, effective July 1, 1998; 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.

      Sec. 22-6r. Certified farmers' markets. Sale of farm products at farmer's kiosks. Definitions. (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, which 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 directly to consumers, 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 farmer offering farm products for sale at a certified farmers' market shall obtain and maintain any license required to sell such products.

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

      (P.A. 06-52, S. 1.)

      History: P.A. 06-52 effective May 8, 2006.

      Sec. 22-7. Administrative civil penalties. (a) The Commissioner of Agriculture may impose civil penalties for any violation of the provisions of this title. Civil penalties established for each violation shall be of such amount as to insure immediate and continued compliance with applicable laws, regulations, orders and permits issued by the commissioner pursuant to any provision of this title. Such penalties shall be a sum determined by the commissioner which shall not exceed two thousand five hundred dollars for each violation and two hundred fifty dollars for each day during which such violation continues after receipt of a final order of the commissioner assessing the civil penalty for such violation.

      (b) In addition, in setting a civil penalty in a particular case, the commissioner shall consider all factors which he deems relevant, including, but not limited to, the following:

      (1) The amount of assessment necessary to insure immediate and continued compliance;

      (2) The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation;

      (3) Any prior violations by such person of any statute, regulation, order or permit administered, adopted or issued by the commissioner;

      (4) The economic and financial conditions of such person;

      (5) The character and degree of injury to, or interference with, public health, safety or welfare which is caused or threatened to be caused by such violation;

      (6) The character and degree of injury to, or interference with, reasonable use of property which is caused or threatened to be caused by such violation;

      (7) The character and degree of impact of the violation on the health, safety or welfare of any domestic animal; and

      (8) The character and degree of impact of the violation on any agricultural resource especially any lands preserved by the state.

      (c) If the commissioner has reason to believe that a violation has occurred for which a civil penalty is authorized by this section, he may send to the violator, by certified mail, return receipt requested, or personal service, a notice which shall include:

      (1) A reference to the section of the statute, regulation, order or permit involved;

      (2) A short and plain statement of the matters asserted or charged;

      (3) A statement of the amount of the civil penalty or penalties to be imposed upon finding after hearing that a violation has occurred or upon a default; and

      (4) A statement of the party's right to a hearing.

      (d) The person to whom the notice is addressed shall have twenty days from the date of receipt of the notice in which to deliver to the commissioner written application for a hearing. If a hearing is requested, the commissioner may issue a final order after a hearing and, upon a finding that a violation has occurred, may assess a civil penalty under this section which shall be no greater than the penalty stated in the notice. If a hearing is not requested, or if a request for a hearing is later withdrawn, then the notice shall become a final order of the commissioner on the first day after the expiration of such twenty-day period or on the first day after the withdrawal of such request for hearing, whichever is later, and the matters asserted or charged in the notice shall be deemed admitted unless modified by a consent order, which shall become the final order. Any such penalty may be mitigated by the commissioner upon such terms and conditions as he deems proper or necessary upon consideration of the factors set forth in subsection (b) of this section.

      (e) All hearings under this section shall be conducted pursuant to sections 4-176e to 4-184, inclusive. A final order of the commissioner assessing a civil penalty shall be subject to appeal as set forth in section 4-183 except that any such appeal shall be taken to the superior court for the judicial district of New Britain and shall have precedence in the order of trial as provided in section 52-191. Such final order shall not be subject to appeal under any other provision of the general statutes. No challenge to any final order of the commissioner assessing a civil penalty shall be allowed as to any issue which could have been raised by an appeal of an earlier order, notice, permit, denial or other final decision by the commissioner. Any civil penalty authorized by this section shall become due and payable (1) at the time of receipt of a final order in the case of a civil penalty assessed in such order after a hearing, (2) on the first day after the expiration of the period in which a hearing may be requested if no hearing is requested, or (3) on the first day after any withdrawal of a request for hearing.

      (f) Any person acting within the terms and conditions of a final order or permit issued by the commissioner shall not be subject to a civil penalty under this section for any actions which the commissioner finds were within the terms and conditions of such final order or permit. Any person claiming to have acted within the terms and conditions of a final order or permit shall have the burdens of production and persuasion on his defense in any administrative hearing on a civil penalty held by the commissioner.

      (1953, S. 1697d; P.A. 77-614, S. 313, 587, 610; P.A. 78-303, S. 85, 136; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 92-255, S. 5, 8; P.A. 93-142, S. 4, 7, 8; 93-320, S. 5; P.A. 95-141, S. 1; 95-220, S. 4-6; P.A. 99-215, S. 24, 29; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 77-614 and P.A. 78-303 deleted provisions re hearings on regulations, deposit of copies with board of agriculture and board's privilege to revoke or suspend regulations which it finds do not conform with its policies, effective January 1, 1979; P.A. 92-255 added new Subsecs. (b) to (j), inclusive, re administrative civil penalties for violations of various statutes administered by the commissioner of agriculture (Revisor's note: P.A. 88-230 and 90-98 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in general statutes and in public or special acts of 1992, effective September 1, 1993); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-320 amended Subsec. (b) to authorize a civil penalty for violation of Sec. 22-203aa; P.A. 95-141 replaced former provisions re imposition of administrative civil penalties by the commissioner, factors to be considered in setting such penalties, notice to violators, procedures for hearings and appeals and exception for persons acting within the terms of an order or permit with new provisions; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (e), effective June 29, 1999; 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.

      See chapter 54 re uniform administrative procedure.

      Secs. 22-7a to 22-7o. Transferred to Chapter 439, Secs. 22a-21 to 22a-35, inclusive.

      Sec. 22-7p. Bonds. (a) Any person, firm or corporation violating a permit or order issued by the Commissioner of Agriculture pursuant to any provision of chapter 432 to 434, inclusive, 436, 437 or 438a shall post a bond or other security, satisfactory to the commissioner, payable to the state. The commissioner shall determine the amount of the bond or other security, provided such amount shall not exceed ten thousand dollars. In determining the amount, the commissioner shall consider the extent of the violation, the number of repeated violations, the potential for the spread of disease and the threat to the public health and environment. Such bond, with sufficient surety or other security, shall be filed with the commissioner in such form as he prescribes and conditioned upon compliance with the terms or conditions of such permit or order.

      (b) (1) Whenever the commissioner finds as the result of an investigation that the person, firm or corporation posting the bond or other security continues to violate the terms or conditions of the permit or order, the commissioner may send a notice to such person, firm or corporation by certified mail, return receipt requested. Any such notice shall include: (A) A reference to the title, chapter or section of the general statutes, or to the regulation, rule or order alleged to have been violated; (B) a short and plain statement of the matter asserted or charged; (C) the amount of the bond or other security that may be forfeited for such violation; and (D) the time and place for the hearing. Such hearing shall be fixed for a date not earlier than fourteen days after the notice is mailed.

      (2) The commissioner shall hold a hearing upon the charges made unless such person, firm or corporation fails to appear at the hearing. Such hearing shall be held in accordance with the provisions of chapter 54. After the hearing if the commissioner finds the person, firm or corporation has continued to violate the terms or conditions of the permit or order after posting a bond or other security pursuant to subsection (a) of this section, he shall order that such bond or other security be forfeited. If such person, firm or corporation fails to appear at the hearing, the commissioner shall order that such bond or other security be forfeited. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested to any person, firm or corporation named in such order.

      (3) Any person, firm or corporation aggrieved by an order of the commissioner issued pursuant to this subsection may appeal therefrom in accordance with the provisions of section 4-183.

      (c) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this section.

      (P.A. 87-504, S. 4, 5; 87-589, S. 44, 87; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 87-589 amended Subsec. (b)(1) to specify that notice may contain reference to sections of the general statutes; 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.

      Sec. 22-7q. Filing of bond in administrative appeal. In any appeal from a final decision made by the Commissioner of Agriculture in accordance with the provisions of this title the court shall require the filing of a surety bond or other security with the court prior to granting a stay of such decision. In setting the amount of any such bond or other security, the court shall consider the cost of compliance with such decision and the potential harm to the public from the actions of the aggrieved party pending the final disposition of the appeal.

      (P.A. 95-141, S. 6; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      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.

      Sec. 22-8. Duties of commissioner re avian ecology. The Commissioner of Agriculture shall investigate the distribution and food habits of the birds of the state; shall determine, so far as possible, the relation of birds to outbreaks of insects and animals; shall experiment with a view to discovering the best methods of protecting fruits and crops from birds and shall serve the people of the state in matters relating to the economic status of birds and to legislation concerning them.

      (1949 Rev., S. 3060; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-614, S. 314, 610; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department agriculture; P.A. 77-614 abolished division of ornithology, transferred its duties and those of its director to agriculture commissioner, deleted provisions rendered obsolete by the transfer re reports to commissioner, etc. and deleted powers to issue reports and bulletins and to appoint special observers to study birds' distribution and habits, effective January 1, 1979; 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.

      See Sec. 10a-111 re appointment of State Ornithologist.

      Sec. 22-9. Supervision of institutional farms. The commissioner shall exercise such authority and control over the policies and operations, including financial operations, of the various state-owned institutional farms, except those of The University of Connecticut and the state agricultural experiment stations, as he deems necessary in the interest of efficient and economical operation of the same and in the best interests of the state.

      (1949 Rev., S. 3055.)

      Sec. 22-10. Reports of moneys expended. Any person who receives money from the state for the purpose of promoting the increase of agricultural products or of domestic animals and products thereof shall, on or before the fifteenth day of November of each year in which such money was received, file with the Comptroller a statement of the manner in which such moneys were expended and the result of such expenditure, including, if in competitions, the number of competitors, the lines in which the competitions were made, the amount of soil cultivated and the returns therefrom, with such other details as may be required by the Comptroller. Any person receiving money from any town for any of the purposes specified in this section shall make a similar return to the treasurer of the town from which such money was received and shall file a copy of each such return with the Comptroller. The provisions of this section concerning returns shall apply to all sums expended for extension work of The University of Connecticut for the purposes herein specified.

      (1949 Rev., S. 3057; 1961, P.A. 517, S. 20.)

      History: 1961 act deleted references to counties.

      Sec. 22-11. Promotion of agricultural interests. Any corporation or association organized in any county to provide instruction and practical demonstration in agriculture and home economics, to promote advanced business methods among farmers or to assist in any manner in the development of agriculture and the improvement of country life, organized and conducted in a manner to receive any portion of the money appropriated under the provisions of an act of the Congress of the United States, entitled "The Smith-Lever Act", shall annually receive towards the maintenance of a county agricultural agent, towards the maintenance of a county club agent and towards the maintenance of a county home demonstration agent such amounts as are appropriated for said purposes by each session of the General Assembly. Such payments shall be made upon certification of the trustees of The University of Connecticut of the amount to which each county is entitled under the provisions of this section and upon further certification that such organization is entitled to and has received a portion of the money allotted to the state under the provisions of said act, the amount thereof, the date when such money was paid to such organization and the amount which such organization has received from sources other than under the provisions of said act during the year ended September thirtieth next preceding, provided such sums received for the purpose of defraying the expenses of such organization from sources other than under the provisions of said act and of this section during the period stipulated shall be at least one thousand dollars from within each county, and provided the trustees of said university shall certify only one such organization in each county. There shall annually be appropriated to The University of Connecticut the sum of sixteen thousand dollars which shall be used by The University of Connecticut for a grant of two thousand dollars to each such organization in each county. The University of Connecticut may annually, in addition thereto, make a grant of the amount in excess of two thousand dollars and not exceeding ten thousand dollars which such organization has received from sources other than under the provisions of said act and of this section during the year ended September thirtieth next preceding and a sum equal to that received as an additional county appropriation during the year ended September 30, 1960. The University of Connecticut shall periodically audit the expenditures of funds paid pursuant to this section to such organizations in each county. Any municipality, at a meeting held for such purpose, may appropriate such sum as such meeting determines for the purposes of such organization, to be expended within such municipality. The buildings and properties owned on September 30, 1960, by Hartford, Middlesex and Windham Counties, including equipment and furnishings, and used on said date by the Agricultural Extension Services of The University of Connecticut, shall be transferred to The University of Connecticut to be used by the Cooperative Extension Service.

      (1949 Rev., 3058; S. 1959, P.A. 152, S. 52; 1961, P.A. 502; P.A. 87-493, S. 1, 4; P.A. 88-167, S. 1, 2; P.A. 89-216, S. 1, 2.)

      History: 1959 act revised manner in which county agents funded, where formerly county commissioners drew on county treasurer for funds, state treasurer is to pay funds to treasurer of organization providing agriculture and home economics aid, etc., allowed payment of additional sum not to exceed that received as an additional county appropriation, deleted provision setting forth process by which county makes additional appropriation and added provisions re transfer of county-owned property to University of Connecticut for use by extension service and payments for support of extension service; 1961 act reworded provision re additional payments, replacing sum "not to exceed" that received as an additional county appropriation with sum "equal to" that received and replacing 1959 with 1960 as year determining amount to be paid and restored procedure by which additional appropriation made but made procedure applicable to municipalities rather than counties; P.A. 87-493 provided that payments of two thousand dollars by the state treasurer are mandatory and made annually, increased the maximum voluntary matching grant from six to ten thousand dollars and made a technical change; P.A. 88-167 provided that the sums paid to organizations in each county be grants from The University of Connecticut rather than payments by the state treasurer and that the university periodically audit the expenditures of the grants; P.A. 89-216 deleted provision requiring annual payment of twenty-four thousand dollars by state treasurer to The University of Connecticut to operate, maintain, repair and equip buildings and properties used by cooperative extension service.

      Cited. 148 C. 608, 609. Vote of county commissioners to appropriate all available surplus funds of New London county as of Sept. 30, 1960, for county agricultural extensio