CHAPTER 423

GRADING AND MARKETING OF FARM PRODUCTS

Table of Contents

Sec. 22-27. Establishment of standards. Market information.

Sec. 22-28. Labels for standard grades.

Sec. 22-29. Notice of establishment to be published.

Sec. 22-30. Penalty for improper use of brand name.

Sec. 22-31. Inspection. Certification.

Sec. 22-32. Reports by persons engaged in wholesale marketing. Penalty.

Sec. 22-33. Regulations.

Sec. 22-34. Products sold under names designated by commissioner.

Sec. 22-35. Potatoes.

Sec. 22-36. Culls.

Sec. 22-37. License for buying poultry. Bond.

Sec. 22-37a. Connecticut Egg Council, Inc. Establishment of fund. Duties of commissioner.

Sec. 22-38. Advertising of Connecticut-Grown farm products. Advertising of locally-grown farm products.

Sec. 22-38a. Promotion of Connecticut-Grown farm products. Regulations.

Sec. 22-38b. Grocery or food store eligibility for state grant, financial assistance, loan or state-funded incentive. Certification as Connecticut Farm Fresh Market or Restaurant. Regulations.

Sec. 22-38c. Expand and grow Connecticut agriculture account.

Sec. 22-38d. Farm to school program. Connecticut-Grown for Connecticut Kids Week.

Sec. 22-39. Penalty for hindering commissioner.

Sec. 22-39a. Controlled atmosphere storage of fruit.

Sec. 22-39b. Registration.

Sec. 22-39c. Daily determinations of air components.

Sec. 22-39d. Record. Report. Mechanical breakdowns.

Sec. 22-39e. Inspection by Commissioner of Agriculture.

Sec. 22-39f. Penalty.

Sec. 22-40. Labeling of eggs.

Sec. 22-41. Grades of eggs.

Sec. 22-42. Weight and size requirements.

Sec. 22-43. Requirements of advertising of eggs.

Sec. 22-44. Terms used on eggs.

Sec. 22-45. Sales of eggs not conforming to standards prohibited.

Sec. 22-46. Sale of inedible eggs. Licenses.

Sec. 22-47. Exemptions.

Sec. 22-48. Administration.

Sec. 22-48a. Egg-grading plants. Registration. Permit.

Sec. 22-49. Penalty.

Sec. 22-50. Definitions.

Sec. 22-51. Enforcement. Grades and standards.

Sec. 22-52. Marking of packages.

Sec. 22-53. Taking of samples.

Sec. 22-54. Penalty.

Secs. 22-54a to 22-54n. Apple market orders in effect before July 1, 1989.

Sec. 22-54o. Definitions.

Sec. 22-54p. Powers and duties of commissioner. Regulations.

Sec. 22-54q. Proposed apple market order. Hearing. Decision by the commissioner. Referendum. Amendments. Termination.

Sec. 22-54r. Assessment. Civil penalty.

Sec. 22-54s. Apple Marketing Board.

Sec. 22-54t. Penalty.


PART I

GENERAL PROVISIONS

Sec. 22-27. Establishment of standards. Market information. (a) The Commissioner of Agriculture is authorized to investigate marketing conditions and to establish and maintain state brands for farm and horticultural crops, including poultry and poultry products. He may obtain, prepare and disseminate information concerning the marketing, prices, supply and demand for any or all farm products and their movement through commercial channels and the quantity and condition of such products in cold storage and, for such purposes, may inspect the books of any wholesaler dealing in such products, and may obtain and furnish quotations upon any such product or article and farm supplies on request.

(b) The Commissioner of Agriculture is authorized to establish and maintain standard packages, grades and classifications for farm and horticultural crops, including poultry and poultry products, such standards, as far as possible, to be identical with similar standards established under authority of the Congress of the United States.

(1949 Rev., S. 3065; 1957, P.A. 77; 1959, P.A. 412, S. 4; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 85-204, S. 1, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1959 acts removed standard packages, grades and classifications provisions in existing section and formed new Subsec. (b) re packages, grades and classifications and 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. 85-204 amended Subsec. (b) by eliminating the requirement that the commissioner of agriculture consult with the commissioner of consumer protection; 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. 22-39a re controlled atmosphere storage of fruit.

Sec. 22-28. Labels for standard grades. The Commissioner of Agriculture may determine or design brands to be used on labels for identifying farm products packed in accordance with the official grades and standards established under the provisions of section 22-27, and shall cause such labels to be printed and distributed at a reasonable price. A written application to the Commissioner of Agriculture for permission to use any such label and a written permission therefor, signed by the commissioner or an authorized assistant, shall be a condition precedent to the use of any such label. Said commissioner may revoke the right to use any such label whenever it appears on investigation that such label has been misused.

(1949 Rev., S. 3066; 1959, P.A. 412, S. 5; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 85-204, S. 2, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1959 acts replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources and required consultation with consumer protection commissioner re brands; 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. 85-204 eliminated the requirement that the commissioner of consumer protection be consulted; 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. 22-29. Notice of establishment to be published. Upon the establishment of such grades or standards and upon the determination of such brands, notice thereof shall be published for three successive weeks in three newspapers, stating the grade or grades so established and the brands so determined and the date on which such establishment or determination is to become effective. The commissioner shall distribute information relative to the grades or standards so established and the brands so determined.

(1949 Rev., S. 3067.)

Sec. 22-30. Penalty for improper use of brand name. Any person who uses a brand promulgated under the provisions of section 22-29 without having written permission as provided in section 22-28 shall be fined not more than fifty dollars for the first offense and not more than two hundred dollars for each subsequent offense.

(1949 Rev., S. 3068.)

Sec. 22-31. Inspection. Certification. (a) The Commissioner of Agriculture or any person authorized by him shall have free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products labeled in accordance with official grades established and promulgated by the Commissioner of Agriculture are being marketed or held for commercial purposes, shall have power to open any bag, crate or other container of such farm products and examine the contents thereof and may, upon tendering the market price, take samples therefrom.

(b) The Commissioner of Agriculture may inspect farm products to establish official grades or standards and certify the quality and condition of such products and other material facts relative thereto. Certificates issued in pursuance of such inspection and executed by the Commissioner of Agriculture or any person authorized by him shall state the date and place of inspection, the grade, condition and approximate quality of the farm products inspected and any other pertinent facts that said commissioner may require. Such a certificate and all federal certificates relative to the condition or quality of such farm products shall be prima facie evidence in all courts of the state of the facts required to be stated therein.

(1949 Rev., S. 3069; 1959, P.A. 412, S. 7; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 85-204, S. 3, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1959 acts divided section into Subsecs., transferring access right in Subsec. (a) from commissioner of agriculture to commissioner of consumer protection and rephrasing Subsec. (b) to replace references to inspector employees of agriculture commissioner with references to commissioner himself and later 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. 85-204 transferred authority re free access from the commissioner of consumer protection to the commissioner of agriculture; 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. 22-32. Reports by persons engaged in wholesale marketing. Penalty. Section 22-32 is repealed.

(1949 Rev., S. 3071; 1959, P.A. 412, S. 9; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 85-204, S. 13, 14.)

Sec. 22-33. Regulations. The Commissioner of Agriculture may prescribe regulations for carrying out the provisions of sections 22-27, 22-28 and subsection (b) of section 22-31, including the fixing of fees for inspections under the provisions of section 22-31.

(1949 Rev., S. 3070; 1959, P.A. 412, S. 8; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1959 acts clarified section references by listing specific applicable sections as replacement for “sections 22-27 to 22-32, inclusive” and 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; (Revisor’s note: In 1993 an obsolete reference to repealed Sec. 22-32 was deleted editorially by the Revisors); 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. 22-34. Products sold under names designated by commissioner. No person shall use any words, titles or names designated by the Commissioner of Agriculture, under the provisions of sections 22-27, 22-28 and 22-29, subsection (b) of section 22-31 and section 22-33, for use in grading or marketing of farm products, unless the products which he is identifying, advertising, designating or describing thereby fully meet the requirements of the official grade indicated by such words, titles or names. If, in the opinion of the Commissioner of Agriculture or his representative, any lot or lots of such products so identified, advertised, designated or described are not of the grade indicated, said commissioner shall cause inspections thereof to be made by regularly appointed inspectors for the purpose of determining the actual grade of such products. Any person, firm or corporation which violates any provision of this section shall be fined not more than fifty dollars for the first offense and not more than two hundred dollars for each subsequent offense.

(1949 Rev., S. 3072; 1959, P.A. 412, S. 10; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 85-204, S. 4, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1959 acts replaced “sections 22-27 to 22-33, inclusive” with specific list of applicable sections and transferred inspection power from agriculture commissioner to commissioner of consumer protection, replacing remaining reference to 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. 85-204 transferred authority to cause inspections from the commissioner of consumer protection to the commissioner of agriculture; 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. 22-35. Potatoes. No person, firm or corporation shall sell or offer for sale, at retail, potatoes in any package or container which is not plainly marked or labeled with the name of the official Connecticut or United States grade which represents a standard no higher than the actual grade of the potatoes contained therein, provided the term “unclassified” or “ungraded” may be substituted at the discretion of the retailer. The Commissioner of Agriculture shall enforce the provisions of this section and is authorized to establish necessary regulations therefor. Any person, firm or corporation which violates any provision of this section shall be fined not more than fifty dollars for the first offense and not more than two hundred dollars for each subsequent offense.

(1949 Rev., S. 3073; 1959, P.A. 412, S. 11; P.A. 85-204, S. 5, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1959 act transferred enforcement power from commissioner of agriculture to commissioner of consumer protection; P.A. 85-204 transferred enforcement power from commissioner of consumer protection to commissioner of agriculture; 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. 22-36. Culls. (a) The Commissioner of Agriculture may, after investigation and public hearing, establish and promulgate definitions of “culls” as applied to farm products, or any of them; and may alter such definitions from time to time.

(b) No person shall sell, expose for sale or transport for sale farm products in open or closed packages, if the package containing them or the label on them bears any statement, design or device regarding such farm products which is false or misleading in any particular. No person shall sell or offer for sale or transport for sale in either open or closed packages farm products packed in such manner that the face or shown surface is not an average of the contents of the package.

(c) The Commissioner of Agriculture shall adopt such regulations generally to supplement and give full effect to the provisions of this section, and specifically to regulate the marketing, packing, labeling and shipping of culls, as he deems necessary. Such regulations shall be filed and open for public inspection at the principal office of the Department of Agriculture and shall be published at least once in three newspapers published in this state.

(d) Any person, firm or corporation which violates any provision of this section shall be fined not more than fifty dollars for the first offense and not more than two hundred dollars for each subsequent offense.

(1949 Rev., S. 3074; 1959, P.A. 412, S. 12; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 85-204, S. 6, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

History: 1959 acts required consultation with commissioner of consumer protection re culls in Subsec. (a), transferred regulation powers and duties in Subsec. (c) from commissioner and department of agriculture to commissioner and department of consumer protection and later replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act dropped “conservation” from commissioner’s title; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 85-204 amended Subsec. (a) by eliminating the requirement that the commissioner of agriculture consult with the commissioner of consumer protection and amended Subsec. (c) by transferring regulatory authority from the commissioner of consumer protection to the commissioner 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.

Sec. 22-37. License for buying poultry. Bond. Section 22-37 is repealed, effective July 1, 2005.

(1949 Rev., S. 3075; 1949, 1955, S. 1704d; 1959, P.A. 357, S. 1; 637, S. 2; 1961, P.A. 58; 67; 1967, P.A. 366; 1971, P.A. 870, S. 117; 872, S. 446, 448; P.A. 73-364, S. 1, 2; P.A. 76-436, S. 446, 681; P.A. 78-280, S. 5, 127; P.A. 85-139; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 05-175, S. 24.)

Sec. 22-37a. Connecticut Egg Council, Inc. Establishment of fund. Duties of commissioner. Section 22-37a is repealed, effective July 1, 1998.

(P.A. 73-560; P.A. 85-613, S. 100, 154; P.A. 96-256, S. 185, 209; P.A. 98-12, S. 21, 22.)

Sec. 22-38. Advertising of Connecticut-Grown farm products. Advertising of locally-grown farm products. (a) For purposes of this section, “farm products” means products resulting from the practice of agriculture or farming, as defined in section 1-1 and “Connecticut-Grown” means produce and other farm products that have a traceable point of origin within Connecticut.

(b) Only farm products grown or produced in Connecticut shall be advertised or sold in Connecticut as “Connecticut-Grown”. Farm products grown or produced in Connecticut may be advertised or sold in Connecticut as “Native”, “Native-Grown”, “Local” or “Locally-Grown”. Farm products grown or produced within a ten-mile radius of the point of sale for such farm products may be advertised or sold in Connecticut as “Native”, “Native-Grown”, “Local”, or “Locally-Grown”. Any person, firm, partnership or corporation advertising farm products as “Native”, “Native-Grown”, “Local”, “Locally-Grown”, or “Connecticut-Grown” shall be required to furnish written proof within ten days of the sale of such products that such products were grown or produced in Connecticut or within a ten-mile radius of the point of sale, as applicable, if requested to do so by the Commissioner of Agriculture or said commissioner’s designee. Any person who violates any provision of this section shall be fined not more than twenty-five dollars for each product label in violation of this section.

(1949 Rev., S. 3076; 1949, S. 1705d; 1959, P.A. 412, S. 13; P.A. 85-204, S. 7, 14; P.A. 92-45, S. 1; P.A. 02-45, S. 1; P.A. 03-161, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-109, S. 5; P.A. 04-189, S. 1; P.A. 08-13, S. 5.)

History: 1959 act replaced commissioner of agriculture with commissioner of consumer protection; P.A. 85-204 transferred authority from the commissioner of consumer protection to the commissioner of agriculture; P.A. 02-45 replaced “Connecticut-Grown” with “Local, Locally-Grown”, replaced “in Connecticut” with “within the specified region” and included provision to allow products produced within a ten-mile radius of where the products are to be sold in the state as “Native”, “Native-Grown”, “Local”, “Locally-Grown” or similar terms, effective July 1, 2002; P.A. 03-161 delineated those farm products and eggs that may be sold or advertised as “Connecticut-Grown” and those farm products and eggs that may be sold as “Native”, “Native-Grown”, “Local” or “Locally-Grown”; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-109 made technical changes, effective May 21, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 08-13 added Subsec. (a) defining “farm products” and “Connecticut-Grown”, designated existing provisions as Subsec. (b) and amended same to add provisions re ten-day written proof, commissioner’s designee and product label and to make technical changes, effective April 29, 2008.

See Sec. 22-44 re terms used to describe eggs.

Sec. 22-38a. Promotion of Connecticut-Grown farm products. Regulations. The Commissioner of Agriculture shall establish and administer a program to promote the marketing of farm products grown and produced in Connecticut for the purpose of encouraging the development of agriculture in the state. The commissioner may, within available appropriations, provide a grant-in-aid to any person, firm, partnership or corporation engaged in the promotion and marketing of such farm products, provided the words “CONNECTICUT-GROWN” or “CT-Grown” are clearly incorporated in such promotional and marketing activities. The commissioner shall (1) provide for the design, plan and implementation of a multiyear, state-wide marketing and advertising campaign, including, but not limited to, television and radio advertisements, promoting the availability of, and advantages of purchasing, Connecticut-grown farm products, (2) establish and continuously update a web site connected with such advertising campaign that includes, but is not limited to, a comprehensive listing of Connecticut farmers’ markets, pick-your-own farms, roadside and on-farm markets, farm wineries, garden centers and nurseries selling predominantly Connecticut-grown horticultural products and agri-tourism events and attractions, and (3) conduct efforts to promote interaction and business relationships between farmers and restaurants, grocery stores, institutional cafeterias and other potential institutional purchasers of Connecticut-grown farm products, including, but not limited to, (A) linking farmers and potential purchasers through a separate feature of the web site established pursuant to this section, and (B) organizing state-wide or regional events promoting Connecticut-grown farm products, where farmers and potential institutional customers are invited to participate. The commissioner shall use his best efforts to solicit cooperation and participation from the farm, corporate, retail, wholesale and grocery communities in such advertising, Internet-related and event planning efforts, including, but not limited to, soliciting private sector matching funds. The commissioner shall use all of the funds provided to the Department of Agriculture pursuant to subparagraph (C) of subdivision (5) of subsection (a) of section 4-66aa for the purposes of this section. The commissioner shall report annually to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on issues with respect to efforts undertaken pursuant to the requirements of this section, including, but not limited to, the amount of private matching funds received and expended by the department. The commissioner may adopt, in accordance with chapter 54, such regulations as he deems necessary to carry out the purposes of this section.

(P.A. 86-296, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 06-187, S. 65; June 12 Sp. Sess. P.A. 12-2, S. 64.)

History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-187 added provisions requiring commissioner to provide for the design, plan and implementation of a multiyear, state-wide marketing and advertising campaign promoting the availability and advantages of purchasing Connecticut-grown farm products, effective July 1, 2006; June 12 Sp. Sess. P.A. 12-2 substituted reference to Sec. 4-66aa(a)(5)(C) for reference to Sec. 4-66aa(4)(C).

Sec. 22-38b. Grocery or food store eligibility for state grant, financial assistance, loan or state-funded incentive. Certification as Connecticut Farm Fresh Market or Restaurant. Regulations. (a) For the purposes of this section, “grocery or food store” means a business that employs ten or more persons and is engaged in the retail sale of produce, such as fruits and vegetables, meats, poultry, seafood, nuts, dairy products, bakery products or eggs.

(b) No grocery or food store shall be eligible for any state grant, financial assistance, state loan or other state-funded incentive under title 32, unless such store is certified as a “Connecticut Farm Fresh Market” by the Commissioner of Agriculture pursuant to subsection (c) of this section.

(c) The Commissioner of Agriculture shall establish and administer a program, within available resources, to certify grocery and food stores as “Connecticut Farm Fresh Markets”. A grocery or food store may be certified by the commissioner as a Connecticut Farm Fresh Market if proof is submitted, to the satisfaction of the commissioner, that such store continuously stocks fifteen per cent or more of its shelf space for retail produce and dairy with farm products grown or produced in this state. Such products include, but are not limited to, dairy products, meat, poultry, seafood, nuts, eggs, fruits and vegetables. A grocery or food store certified as a Connecticut Farm Fresh Market may use the words “Connecticut Farm Fresh Market” for promotional and marketing activities. No store other than a store certified as a Connecticut Farm Fresh Market may use such words for promotional and marketing activities.

(d) The Commissioner of Agriculture shall establish and administer a program, within available resources, to promote restaurants in the state that serve farm products grown or produced in the state. The commissioner shall, upon receiving proof satisfactory to said commissioner that at least twenty per cent of food served by a restaurant consists of farm products grown and produced in the state, certify the restaurant to use the words “Connecticut Farm Fresh Restaurant” for promotional and marketing activities. No restaurant other than one certified as a Connecticut Farm Fresh Restaurant may use such words for promotional and marketing activities.

(e) The Commissioner of Agriculture may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.

(P.A. 04-222, S. 3; P.A. 07-230, S. 2.)

History: P.A. 04-222 effective June 8, 2004; P.A. 07-230 deleted former Subsec. (e) re establishment of program to promote schools that serve farm products grown or produced in the state and certification of a school as a Connecticut Farm Fresh School and redesignated existing Subsec. (f) as Subsec. (e).

Sec. 22-38c. Expand and grow Connecticut agriculture account. There shall be an expand and grow Connecticut agriculture account, which shall be a separate, nonlapsing account within the General Fund. Funds received pursuant to sections 22-38a and 26-194 shall be deposited into said account. The Commissioner of Agriculture shall make payments from said account to fund the programs established in sections 22-38a and 22-38b.

(P.A. 04-222, S. 8; P.A. 06-187, S. 66.)

History: P.A. 04-222 effective July 1, 2004; P.A. 06-187 added references to Sec. 22-38a and provided for mandatory payments to expand and grow Connecticut agriculture account, effective July 1, 2006.

Sec. 22-38d. Farm to school program. Connecticut-Grown for Connecticut Kids Week. (a) There is established, within the Department of Agriculture, a farm to school program. In consultation with the Department of Education, the program shall facilitate and promote the sale of Connecticut-grown farm products by farms to school districts, individual schools and other educational institutions under the jurisdiction of the Department of Education. Through the farm to school program, the Department of Agriculture shall (1) encourage and solicit Connecticut farmers to sell their products to such districts, schools and other educational institutions, (2) develop and regularly update a database of farmers interested in selling their products to Connecticut schools, including the types and amounts of products the farmers want to sell and the time periods during which the farmers want to sell, (3) in consultation with the Department of Education, facilitate purchases from local farmers by such interested districts, schools and other educational institutions, and (4) provide outreach and guidance to farmers concerning the value of and procedure for selling their products to such interested districts, schools and other educational institutions.

(b) The Department of Education, in consultation with the Department of Agriculture, school food service directors and interested farming organizations, shall (1) establish a week-long promotional event, to be known as Connecticut-Grown for Connecticut Kids Week, in late September or early October each year, that will promote Connecticut agriculture and foods to children through school meal and classroom programs, at farms, farmers’ markets and other locations in the community, (2) encourage and solicit school districts, individual schools and other educational institutions under its jurisdiction to purchase Connecticut-grown farm products, (3) provide outreach, guidance and training to districts, parent and teacher organizations, schools and school food service directors concerning the value of and procedure for purchasing and incorporating into their regular menus Connecticut-grown farm products, (4) in consultation with the Department of Agriculture, arrange for local, regional and state-wide events where potential purchasers and farmers can interact, and (5) arrange for interaction between students and farmers, including field trips to farms and in-school presentations by farmers.

(P.A. 06-135, S. 21.)

History: P.A. 06-135 effective July 1, 2006.

Sec. 22-39. Penalty for hindering commissioner. Any person who obstructs or hinders the Commissioner of Agriculture or any of the commissioner’s assistants in the performance of their duties under the provisions of sections 22-27 to 22-38, inclusive, shall be fined not less than ten dollars or more than one hundred dollars.

(1949 Rev., S. 3068; 1959, P.A. 412, S. 6; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 85-204, S. 8, 14; P.A. 99-110, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 05-288, S. 88.)

History: 1959 acts made provisions applicable with respect to commissioner of consumer protection and 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. 85-204 inserted new Subsec. (a) authorizing the commissioner of agriculture to adopt regulations and designated prior provisions as Subsec. (b) and eliminated the reference to the commissioner of consumer protection; P.A. 99-110 deleted former Subsec. (a) which had required adoption of regulations regarding grading and marketing of farm products and removed Subsec. (b) designator; 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. 05-288 made a technical change, effective July 13, 2005.

Sec. 22-39a. Controlled atmosphere storage of fruit. No person shall sell or exchange or offer or expose for sale or exchange or transport for sale any fruit represented as having been exposed to “controlled atmosphere”, or “modified atmosphere”, alone or with other words, or shall so use any such term or form of words or symbols of similar import on any container or lot of fruit advertised, sold, offered for sale or transported for sale within this state unless such fruit has been kept in a room or storage building with not more than five per cent oxygen for a minimum of sixty days.

(1963, P.A. 72, S. 1; P.A. 97-217, S. 1.)

History: P.A. 97-217 changed the time period for storage of fruit under this section from 90 to 60 days.

Sec. 22-39b. Registration. (a) Any person owning or operating a controlled atmosphere room or storage building or packers or repackers of fruit subject to section 22-39a shall register with the Commissioner of Agriculture on a form prescribed by said commissioner. The registration period shall commence on August first and end on July thirty-first of each year. Owners or operators of such a room or storage building shall be required to register during a period commencing on August first and ending no later than October first of each year, beginning with the year 1963.

(b) The Commissioner of Agriculture shall assign each approved registrant a registration number preceded by the letters “CONN. C.A.” This number shall be clearly marked on all containers subject to section 22-39a and shall be in accordance with all provisions of law pertaining to markings for fruit.

(c) Repacked containers shall bear only the “CONN. C.A.” number assigned, under the provisions of this section, to the repacker. The invoice rendered by the repacker concerning the repacked fruit shall bear not only the registration number of the repacker but also the “CONN. C.A.” number of the controlled atmosphere storage where the fruit was stored.

(1963, P.A. 72, S. 2; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; 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. 22-39c. Daily determinations of air components. Each owner or operator shall make the required air components determinations daily. The percentage of oxygen shall be reduced to five per cent within twenty days after the date of sealing.

(1963, P.A. 72, S. 3.)

Sec. 22-39d. Record. Report. Mechanical breakdowns. (a) A record on a form approved by the Commissioner of Agriculture shall be kept at a convenient location adjacent to such room or storage building from the day of sealing to the day of opening of the room or storage building, and shall be subject to review by said commissioner or his authorized agents at any time for a period of at least one year. It shall include the owner’s or operator’s name and address, room number, date of sealing, date of opening, capacity in bushels, the variety or varieties, number of bushels of each variety stored in the room, daily air components determination recordings showing the date of test, time of test, percentage of carbon dioxide, percentage of carbon dioxide and oxygen, percentage of oxygen, temperature and comments.

(b) Each owner or operator shall submit to the department, within twenty days after the date of sealing, a report in writing for each room showing the room number, date of sealing and number of bushels contained therein.

(c) Any mechanical breakdown which changes the atmospheric conditions in the room shall be reported to the Commissioner of Agriculture immediately.

(1963, P.A. 72, S. 4; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; 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. 22-39e. Inspection by Commissioner of Agriculture. The Commissioner of Agriculture or any of his agents shall, periodically and at a reasonable time, enter any building or place where fruit of controlled atmosphere storage origin, from either within or outside the state of Connecticut, is sold or offered or exposed for sale and may open therein any box or other container of any such fruit and may take samples therefrom upon paying or tendering the payment of the retail market price for the quantity of each such sample taken. The commissioner shall also have the power to authorize federal inspection of such fruit in the same manner as that provided for state inspectors. Any person who refuses to allow said commissioner, any of his authorized agents or federal inspectors authorized by him to enter any premises described in this section, or otherwise interferes with him in the performance of his duties of inspection under the provisions of this section, shall be subject to the penalties specified in section 22-39f.

(1963, P.A. 72, S. 5; P.A. 85-204, S. 9, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: P.A. 85-204 transferred inspection powers from commissioner of consumer protection to commissioner of agriculture; 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. 22-39f. Penalty. Any person who fails to comply with the provisions of sections 22-39a to 22-39e, inclusive, or who obstructs or hinders the Commissioner of Agriculture or the Commissioner of Consumer Protection or any of their authorized agents in the performance of their duties under the provisions of said sections, shall be fined not less than twenty-five dollars or more than fifty dollars for the first offense and not less than one hundred dollars or more than two hundred dollars for each subsequent offense. In addition to such fine, the Commissioner of Agriculture is authorized to deny, suspend or revoke the license provided for in said sections issued to such person.

(1963, P.A. 72, S. 6; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (e); P.A. 04-189, S. 1; P.A. 05-288, S. 89.)

History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture and Consumer Protection with single Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-288 made technical changes, effective July 13, 2005.

*See Sec. 22-324(b) re commissioner’s authority to take measures to prevent the introduction or spread of avian disease.

PART II*

EGGS

Sec. 22-40. Labeling of eggs. All shell eggs sold or offered for sale for human consumption by any person, firm or corporation shall be labeled with the grade and size designation as set forth in the consumer grades, except as hereinafter provided.

(1949 Rev., S. 3077; 1949, S. 1706d.)

Sec. 22-41. Grades of eggs. The standards of quality for consumer grades for shell eggs grade AA, grade A, grade B and grade C, established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27 and section 22-29, shall apply to all shell eggs sold or offered for sale by any person, firm or corporation. Any edible eggs not conforming to the specifications of grade AA, A, B or C shall be sold as “undergrade eggs”, or as “checks”, “cracks” or “dirties”. The final determination as to meeting these grades shall be made by candling.

(1949 Rev., S. 3078; 1949, S. 1707d; 1959, P.A. 412, S. 14; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (e); P.A. 04-189, S. 1.)

History: 1959 acts required consultation with commissioner of consumer protection re standards for graded eggs and 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; June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture and Consumer Protection with single Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Sec. 22-42. Weight and size requirements. The net weight and size requirements for consumer grades for shell eggs, established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27, shall apply to all shell eggs sold or offered for sale by any person, firm or corporation.

(1949 Rev., S. 3079; 1949, S. 1708d; 1959, P.A. 412, S. 15; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (e); P.A. 04-189, S. 1.)

History: 1959 acts required consultation with consumer protection commissioner re weight and size requirements and 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; June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture and Consumer Protection with single Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Sec. 22-43. Requirements of advertising of eggs. All advertising of such eggs shall include the correct size and grade designation in describing the eggs and the correct size and grade designation shall appear in clearly legible letters on the exterior of any container in which such eggs are offered for sale. Each lot of eggs sold at wholesale shall be accompanied by an invoice stating both size and grade designation.

(1949 Rev., S. 3080.)

Sec. 22-44. Terms used on eggs. The term “fresh eggs”, “strictly fresh eggs”, “hennery eggs” or “new-laid eggs” or words or descriptions of similar import shall not be used on any eggs which do not meet the minimum requirements for consumer grade A, or on any eggs which have been held in cold storage for more than thirty days. The word “Connecticut” may not be used in connection with the official grades unless the person or firm engaged in packing the eggs is registered with the Department of Consumer Protection and the eggs were produced on Connecticut farms.

(1949 Rev., S. 3081; 1949, S. 1709d; 1959, P.A. 412, S. 17; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

History: 1959 act required registration with department of consumer protection rather than with department of agriculture as condition for using “Connecticut”; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

See Sec. 22-38 re advertising of Connecticut-grown farm products.

Sec. 22-45. Sales of eggs not conforming to standards prohibited. (a) No person, firm or corporation shall advertise, falsely label, sell or offer for sale any eggs which do not conform to the standards for quality and size for consumer grades established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27 and section 22-29, or which do not conform to the provisions of sections 22-40 to 22-44, inclusive.

(b) The sale of inedible eggs, as defined under the federal Food, Drug and Cosmetic Act, or incubated eggs is prohibited, except that incubated eggs may be sold as commercial feed or for other commercial purposes other than human consumption, provided such incubated eggs shall be broken and denatured on the premises where incubated, in a manner approved by the Commissioner of Consumer Protection.

(1949 Rev., S. 3082; 1949, 1953, S. 1710d; 1959, P.A. 207, S. 1; 412, S. 16; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (e); P.A. 04-189, S. 1.)

History: 1959 acts added reference to required consultation with consumer protection commissioner re grades of eggs in Subsec. (a), deleted exception re Sec. 22-46 with regard to sale of inedible or incubated eggs and replaced commissioner of food and drugs with commissioner of consumer protection in Subsec. (b) and further 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; June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture and Consumer Protection with single Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Sec. 22-46. Sale of inedible eggs. Licenses. Section 22-46 is repealed.

(1959, P.A. 207, S. 2.)

Sec. 22-47. Exemptions. Producers selling eggs of their own producing direct to household users are exempt from the provisions of this part. All types of shippers selling eggs to a first receiver who will grade them into the proper size and grade before reselling are exempt from the provisions of this part.

(1949 Rev., S. 3083.)

Sec. 22-48. Administration. The Commissioner of Consumer Protection shall enforce the provisions of sections 22-40 to 22-45, inclusive, and may adopt suitable regulations to carry out such enforcement.

(1949 Rev., S. 3084; 1959, P.A. 412, S. 18; P.A. 85-204, S. 10, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: 1959 act reworded section, replacing administration of provisions with enforcement of provisions and updating section references, and replaced commissioner of agriculture with commissioner of consumer protection; P.A. 85-204 deleted obsolete references to Secs. 22-35, 22-36 and 22-38 and made technical change in wording; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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. 22-48a. Egg-grading plants. Registration. Permit. Each person, firm or corporation operating an egg-grading plant in Connecticut, which engages in receiving eggs from Connecticut producers for processing, distribution or sale, shall register with the Commissioner of Agriculture in a manner and on forms prescribed and furnished by the commissioner. Such registration shall be renewed annually during the month of October. Such registered person, firm or corporation shall not receive eggs for processing without a permit from the commissioner. Each person, firm or corporation so registered shall keep on file a list of all producers from which eggs are received.

(1972, P.A. 130, S. 1–3; P.A. 98-12, S. 2, 22; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: P.A. 98-12 deleted former Subsecs. (b) and (c) re inspection of plants and 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. 22-49. Penalty. Any person, firm or corporation which, by itself or its agents or employees, violates any provision of this part or any regulation made under this part or fails to comply with any of the requirements hereof or knowingly misrepresents the conditions, source, size or quality of any eggs shall be fined not more than fifty dollars for the first offense and not more than two hundred dollars for each subsequent offense.

(1949 Rev., S. 3085; 1949, S. 1712d.)

PART III

APPLES

Sec. 22-50. Definitions. “Person”, as used in this part, includes persons, firms, corporations, societies and associations, and the acts of agents and employees under this part shall be construed to be the acts of their principals and employers as well as of the agents and employees. “Closed package” means a box or other container, the contents of which cannot be sufficiently seen for the purposes of inspection without opening the container. Apples packed in closed or open packages shall be deemed to be misbranded if their measure, quality or grade does not conform in every particular to the brand or mark upon or affixed to the package or if the faced or shown surface gives a false representation of the contents of the package.

(1949 Rev., S. 3086; 1957, P.A. 144, S. 1.)

Sec. 22-51. Enforcement. Grades and standards. The Commissioner of Agriculture shall, by regulation adopted in accordance with the provisions of chapter 54, establish and promulgate official Connecticut grades and standards for apples and, from time to time, amend or modify such grades and standards. Such grades and standards may be official United States grades as promulgated by the United States Department of Agriculture. The Commissioner of Agriculture shall have authority to make regulatory inspections arising out of the provisions of this section.

(1949 Rev., S. 3087, 3089; 1957, P.A. 144, S. 2, 4; 1959, P.A. 412, S. 19; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 82-472, S. 98, 183; P.A. 85-204, S. 12, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1959 acts deleted provision granting commissioner of agriculture power to enforce provisions of this part, required consultation with consumer protection commissioner re apple grades, added provision re consumer protection commissioner’s inspection power and later replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act changed commissioner’s title to commissioner of agriculture and natural resources; 1971 act changed commissioner’s title to commissioner of agriculture; P.A. 82-472 replaced a reference to repealed Secs. 4-41 to 4-50, inclusive with a reference to chapter 54 in the provision concerning adoption of regulations and made a technical correction; P.A. 85-204 eliminated the requirement that the commissioner of agriculture consult with the commissioner of consumer protection regarding standards and grades and transferred inspection authority from the commissioner of consumer protection to the commissioner of agriculture; 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. 22-52. Marking of packages. Each closed package of apples packed or repacked in the state and intended for sale, either within or without the state, shall have marked in a conspicuous place on the package in plain letters the following statements: (1) The minimum size of the apples contained therein; (2) the name of the variety; (3) the name and address of the person by whose authority the apples were packed; (4) the grade designation of the package contents. If the true name of the variety is not known by the person by whose authority the apples were packed, such statement shall include the words “variety unknown”. Each closed package of apples which is repacked shall bear the name and address of the person by whose authority the apples are repacked in place of that of the original owner. The minimum size shall be determined by taking the transverse diameter of the smallest fruit in the package at right angles to the stem and blossom end, shall be stated in variations of one-quarter of an inch and may be designated by using figures instead of words. The word “minimum” may be designated by using the abbreviation “min.”

(1949 Rev., S. 3090; 1957, P.A. 144, S. 5.)

Sec. 22-53. Taking of samples. The Commissioner of Agriculture or any of his agents may, at any reasonable time, enter any building or place where apples are packed, stored, sold or offered or exposed for sale and may open therein any box or other container of any such apples and may take samples therefrom upon paying or tendering the payment of the retail market price for the quantity of each such sample taken. Any person who refuses to allow said commissioner or any of his authorized agents to enter any premises described in this section, or otherwise interferes with him in the performance of his duties of inspection under the provisions of this part, shall be subject to the penalties specified in section 22-54.

(1949 Rev., S. 3091; 1957, P.A. 144, S. 6; 1959, P.A. 412, S. 20; P.A. 85-204, S. 11, 14; 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 consumer protection; P.A. 85-204 transferred inspection powers from commissioner of consumer protection to commissioner of agriculture; 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. 22-54. Penalty. Any person who violates any provision of this part shall be fined not more than fifty dollars for the first offense and not more than two hundred dollars for each subsequent offense.

(1949 Rev., S. 3092; 1957, P.A. 144, S. 7.)

PART IV

APPLE MARKET ORDERS

Secs. 22-54a to 22-54n. Apple market orders in effect before July 1, 1989. Obsolete.

(P.A. 84-259, S. 1–15; P.A. 86-403, S. 97, 132; P.A. 89-226, S. 3.)

Sec. 22-54o. Definitions. As used in sections 22-54p to 22-54t, inclusive:

(1) “Apples” means apples produced in the state for the purpose of sale;

(2) “Apple producer” means any person who produces or causes to be produced more than one thousand first sale units of apples in the state;

(3) “Commissioner” means the Commissioner of Agriculture;

(4) “Harvest crop” means the number of bushels or pounds of apples harvested for a season;

(5) “Distributor” or “handler” means any person, other than the producer, who sells, causes to be sold or markets a first sale unit;

(6) “First sale unit” means a unit of sale of apples of between thirty-six and forty-four pounds, sold for fresh market use in boxes, cartons, baskets or other containers or, if sold on a per pound basis or in bulk, means forty pounds;

(7) “Fresh market” means the sale of apples in the whole and unadulterated state in which such apples were harvested;

(8) “Marketing” means the act or process of selling or purchasing in an apple market and includes advertising and promotion of apples or apple products and associated marketing research;

(9) “Market order” means an order issued by the Commissioner of Agriculture pursuant to section 22-54q for marketing research and promotion of apples and apple products, including an assessment to support such marketing research and promotion;

(10) “Marketing season” means the period beginning July first of any year and ending June thirtieth of the following year;

(11) “Storage” means any building, structure or place where apples are kept in a cold, refrigerated or controlled atmosphere.

(P.A. 91-77, S. 1; 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. 22-54p. Powers and duties of commissioner. Regulations. (a) The Commissioner of Agriculture may: (1) Issue and administer an apple market order regulating the marketing of apples and (2) suspend the apple market order for one marketing season if he determines that the market order is not necessary to achieve the goals established in subsection (b) of section 22-54q. The commissioner shall administer the estimated budget prepared by the Apple Marketing Board pursuant to section 22-54s and may impose an assessment on apple producers sufficient to cover the costs of such budget.

(b) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to implement this section and sections 22-54q to 22-54t, inclusive, including the establishment of procedures to conduct a referendum pursuant to subsection (c) of section 22-54q.

(P.A. 91-77, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

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. 22-54q. Proposed apple market order. Hearing. Decision by the commissioner. Referendum. Amendments. Termination. (a) An apple market order may be proposed to the commissioner upon submittal of a petition signed by twenty-five per cent of the apple producers known to the commissioner. The commissioner shall cause notice of such order to be published in the Connecticut Law Journal. Within thirty days of the date of publication of such notice, the commissioner shall conduct a public hearing and provide reasonable opportunity for the submission of written comments. The commissioner shall within thirty days of the close of the hearing approve or disapprove the market order. Notice of his decision shall be published in the Connecticut Law Journal.

(b) The commissioner shall approve a proposed market order upon determination that such order achieves the following goals: (1) The promotion of the efficient and equitable marketing of apples; (2) the development of new and larger markets for apples produced in the state; (3) the elimination or reduction of economic waste in apple marketing, and (4) the maintenance of apple grading standards.

(c) The commissioner shall conduct a referendum on any market order approved in accordance with the provisions of this section. The market order shall take effect if the commissioner determines (1) not less than two-thirds of the apple producers participating in a referendum voted in favor of the market order and such producers marketed not less than fifty-one per cent of the quantity of apples marketed during the preceding marketing season by all apple producers participating in the referendum or (2) not less than fifty-one per cent of the apple producers participating in a referendum voted in favor of the market order and such producers marketed not less than two-thirds of the quantity of apples marketed during the preceding marketing season by all apple producers participating in the referendum.

(d) Not less than twenty days after publication of an approved market order, the commissioner shall mail a copy of the order and a ballot to each apple producer known to the commissioner and to any other apple producer requesting a ballot. The ballot shall be returned by a date specified by the commissioner but not less than twenty days after the date of mailing by the commissioner. The ballot shall be in such form as the commissioner may prescribe and shall include the following: The vote of the apple producer for or against the market order and the name and address of the apple producer and volume of first sale units marketed by such producer during the preceding marketing season. A ballot shall not be invalid if the volume of apples sold is indicated by another unit.

(e) Each ballot returned to the commissioner shall be signed by the apple producer. Any individual signing a ballot for a corporation or other business authority shall indicate his authority to so vote.

(f) An amendment to the order may be proposed to the commissioner upon submittal of a petition signed by not less than twenty-five per cent of all apple producers known to the commissioner. An amendment shall be adopted after a referendum conducted pursuant to this section. The amendment shall be approved if more than fifty per cent of the apple producers voting in favor thereof provided more than fifty-one per cent or more of the apples produced in the state during the preceding marketing season. Any amendment shall take effect during the marketing season following its approval.

(g) The commissioner may terminate an apple market order upon determination that such order no longer achieves the goals described in subsection (b) of this section. The effective date of the termination shall be at the close of the marketing season during which such order was terminated.

(h) Termination of the market order may be requested by a petition submitted to the commissioner by April fifteenth of any year signed by not less than twenty-five per cent of apple producers who marketed not less than twenty-five per cent of the apples produced for market in the preceding marketing season. The commissioner shall terminate the market order by June fifteenth of such year if he determines by a referendum conducted in accordance with this section that such termination is favored by not less than fifty per cent of the apple producers who provided not less than fifty-one per cent of the apples marketed in the preceding marketing season.

(i) The petitioners for a market order or for the amendment or termination of a market order shall pay the cost of issuing, amending or terminating such order.

(j) Not more than two years after the issuance of the market order and thereafter at intervals of not more than five years, the market order shall be submitted to apple producers for their approval. Such approval shall be determined by means of a referendum adopted in accordance with this section.

(P.A. 91-77, S. 3.)

Sec. 22-54r. Assessment. Civil penalty. (a) There shall be paid by each apple producer to the Commissioner of Agriculture an assessment sufficient to cover the costs in the budget for implementation of the apple market order. The amount of the assessment shall be determined by the commissioner except that any assessment in excess of six cents per first sale unit shall be approved by a referendum conducted in accordance with the provisions of subsection (c) of section 22-54q. The initial one thousand first sale units of any apple producer in each market season shall be exempt from the assessment.

(b) Each apple producer subject to the assessment shall submit a return to the commissioner either annually on the fifteenth day of each November or quarterly on the fifteenth day of each November, February, May and August. The amount due shall be based on the number of apples sold or removed from storage on or before the last day of the month preceding the month the assessment is due. If the apple producer elects to submit a return annually he shall calculate the amount due by considering seventy-five per cent of his total harvest to be first sale units. The commissioner may require a producer to submit additional documentation regarding the number of first sale units in order to ensure that the assessment is proper. Any apple producer who fails to pay the assessment required under this section may be assessed a civil penalty of not more than one thousand dollars for each day during which such nonpayment continues after receipt of an assessment under this subsection.

(c) Any revenues received during any marketing season and not expended may be paid by the commissioner at the end of the marketing season on a pro-rata basis to those apple producers who paid the assessment or may be carried over to the next marketing season as the commissioner deems necessary.

(d) Any broker, distributor or handler who, at the request of the producer, deducts the amount of the assessment due on the first sale units sold or transferred from storage, shall be liable for accounting and payment of such assessment.

(e) Any money collected by the commissioner pursuant to the provisions of this section shall not be deemed state funds and shall be deposited pursuant to section 4-33, in a qualified public depository in Connecticut. Such funds shall be expended by the commissioner for expenses incurred in administering the budget recommended by the board.

(P.A. 91-77, S. 4; P.A. 95-141, S. 7; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: P.A. 95-141 amended Subsec. (b) to authorize commissioner to require additional documentation from producers and to provide for a civil penalty for failure to pay the assessment; 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. 22-54s. Apple Marketing Board. (a) Notwithstanding the provisions of section 4-9a, on or before the fifteenth day of the month after the issuance of a market order the commissioner shall appoint an Apple Marketing Board consisting of six apple producers, a member of the general public and the Commissioner of Economic and Community Development, or his designee, who shall be a nonvoting member of the board. The members who are apple producers shall be appointed from nominations submitted by the Connecticut Pomological Society or any apple producer. Three of the apple producers shall be from the area west of the Connecticut River and three shall be from the area east of said river. The commissioner shall also appoint three alternate members of the commission, one from the area west of the Connecticut River, one from the area east of said river and one who is a member of the general public. Alternates may attend all meetings of the board. If a regular member of the board from an area is absent, the chairperson may designate the alternate from such area to act. The members shall serve terms of three years, provided of the members first appointed, two members, one from each district, shall serve for a term of one year; two members, one from each district shall serve for a term of two years, and two members, one from each district, shall serve for a term of three years. The alternates and the member representing the general public shall be appointed for terms of three years. Members of the board shall receive no compensation for their services but shall be reimbursed for necessary expenses in the performance of their duties. Such expenses shall be paid from money collected by the commissioner in accordance with the provisions of section 22-54r. At its first meeting the board shall elect a chairperson and such other officers as it deems necessary. Four members who are apple producers and the member representing the general public shall constitute a quorum.

(b) The board shall: (1) Implement the market order with the commissioner’s approval and on or before August fifteenth of each marketing season shall prepare and submit to the commissioner a budget to administer the order and the program created thereunder; (2) conduct marketing research beneficial to the apple industry in the state; (3) assist the commissioner in the collection of the assessment imposed pursuant to section 22-54r and (4) recommend revisions to the market order. The board shall prepare and, upon approval of the commissioner, conduct a publicity program to maintain and enhance existing apple markets and create new markets. Such program shall not refer to any particular brand or trade name or disparage the quality, value, sale or use of any other agricultural commodity. The board shall annually appoint an auditor to audit the funds collected pursuant to section 22-54r. The auditor, appointed pursuant to this subsection, shall submit a copy of the audit report to the Auditors of Public Accounts.

(c) Each apple producer shall file with the board, on forms provided by the board, information on the harvested crop of such producer, including the number of first sale units and the disposition of such units at fresh markets, cold storage or other destinations. The board shall provide the commissioner with such information as the commissioner deems necessary to fulfill the purposes of sections 22-54p to 22-54t, inclusive.

(P.A. 91-77, S. 5; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)

History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development.

Sec. 22-54t. Penalty. Any person who violates any provision of a market order adopted pursuant to section 22-54q shall have committed an infraction.

(P.A. 91-77, S. 6.)