CHAPTER 425

REGIONAL MARKETS

Table of Contents

Sec. 22-62. Declaration of necessity.

Sec. 22-63. Marketing Authority; members.

Sec. 22-63a. Executive director; appointment; duties.

Sec. 22-64. Duties of Marketing Authority. Regulations.

Sec. 22-65. Construction of markets.

Sec. 22-66. Petition to Superior Court for taking of land.

Sec. 22-67. Conditions for issuance of bonds.

Sec. 22-68. Payment of bonds.

Sec. 22-69. Improvement bonds.

Sec. 22-70. Issuance of bonds. Borrowing from state funds.

Sec. 22-71. Investment of proceeds.

Sec. 22-72. Bonds for construction of store units, office building.

Sec. 22-73. Bonds for future development of regional market.

Sec. 22-74. New Haven regional market. Bonds.

Sec. 22-75. Reserve fund.

Sec. 22-76. Lessee may construct building.

Sec. 22-77. Federal grants.

Sec. 22-78. Appropriations.

Sec. 22-78a. Fee for round trip by railroad car over track owned by authority. Regulations.


Sec. 22-62. Declaration of necessity. It is found and declared that large quantities of agricultural products, grown in Connecticut or brought from other states or countries into this state for consumption, must pass through wholesale marketing systems which are inadequate to meet present and future requirements; that the inadequacy of these systems contributes to high distributing costs and deterioration of products with concomitant losses to growers, distributors and the consuming public; that improvement of these systems would annually result in large savings to the consuming public, distributors and agricultural producers alike, all for the general welfare; that the efforts of public officers, the produce trade and other interested organizations to achieve these improvements by purely private means have not succeeded; that the establishment and operation of regional markets have become and are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; that it is in the public interest to authorize the creation of marketing facilities which are to be organized and operated on a nonprofit, self-liquidating basis.

(1949, S. 1715d.)

Sec. 22-63. Marketing Authority; members. There shall continue to be a Marketing Authority within the Department of Agriculture. The authority shall continue to have and exercise the powers and duties authorized for it by this chapter. Such authority shall consist of eleven members. The authority shall be composed of one public member from each congressional district of the state, two at-large public members, the Commissioner of Agriculture or his designee, and the Commissioner of Economic and Community Development or his designee. The Governor shall appoint three members of the authority and the president pro tempore of the Senate, the Senate minority leader, the speaker of the House of Representatives and the minority leader of the House of Representatives shall each appoint one member. In addition, the Governor shall appoint two members of the authority who shall be tenants of the Hartford market facility. Any vacancy in the membership of said authority shall be filled by appointment for the unexpired portion of the term. The name of the authority shall be “Connecticut Marketing Authority”. The members of the authority shall serve without compensation, but their necessary expenses incurred in the performance of their duties shall be paid by the state. Any member absent from three consecutive meetings shall be deemed to have resigned. Notwithstanding any provision of the general statutes, the terms of all appointed members of the authority serving before and on January 1, 2004, shall expire on said date. Not later than January 1, 2004, new members shall be appointed to the authority in accordance with the provisions of this section and such members shall begin serving on said date and shall complete the terms of their predecessors.

(1949 Rev., S. 3101, 3105; 1949, 1953, S. 1716d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-614, S. 316, 610; P.A. 83-487, S. 24, 33; P.A. 92-147, S. 1, 4; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 97-155, S. 1; P.A. 03-170, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); 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 placed marketing authority within agriculture department for administrative purposes, reduced membership from 11 to 10, reduced producers of agricultural products to five rather than seven seats, replaced consumer members with public members and increased their number from 2 to 3 and deleted provision establishing July first as appointment date and setting 6-year terms, effective January 1, 1979; P.A. 83-487 amended section by restructuring authority, including legislative appointments and adding attendance requirements; P.A. 92-147 changed the administrative designation of the authority, placing it in the department of agriculture by deleting “for administrative purposes only”; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 97-155 added two members to the authority appointed by the Governor from the tenants of the Hartford market facility; P.A. 03-170 replaced “an at-large public member” with “two at-large public members” and added provisions re expiration of terms of appointed members serving before and on January 1, 2004, and the appointment by said date of new members to begin serving on said date and complete the terms of their predecessors, effective June 26, 2003; 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. 4-9a for definition of “public member”.

Sec. 22-63a. Executive director; appointment; duties. (a) The Connecticut Marketing Authority shall appoint an executive director who shall serve at the pleasure of the authority and receive such compensation as shall be fixed by the authority, and who shall not be a member of the authority. The executive director may be the director of marketing and technology for the Department of Agriculture.

(b) The executive director shall, subject to the rules and directives of the Marketing Authority, administer and coordinate the functions of the Marketing Authority and shall have overall supervisory authority and responsibility for its operations.

(c) The executive director shall approve all accounts for salaries and expenses of the Marketing Authority. The executive director shall submit a budget, approved by the Marketing Authority, through the Department of Agriculture to the Office of Policy and Management and to the legislature.

(d) The executive director may employ personnel necessary to perform the duties required of the authority in carrying out the purposes of this chapter. All employees of the authority hired on or after July 1, 1983, shall be exempt from the classified service. The executive director shall develop personnel policy guidelines, approved by the authority, for the hiring and dismissal of such employees.

(P.A. 83-487, S. 20, 33; P.A. 92-147, S. 2, 4; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)

History: P.A. 92-147 amended Subsec. (a) to authorize the director of marketing and technology within the department of agriculture to be the executive director of the authority; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture 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.

Sec. 22-64. Duties of Marketing Authority. Regulations. The Marketing Authority shall develop the marketing facilities of Connecticut agriculture to bring about a wider and more economical distribution of Connecticut’s agricultural products through the development of existing farmers’ markets and through the establishment, acquisition, development and operation of market facilities, including land and buildings, by purchase, construction or condemnation; provided, however, that any such real estate acquisitions financed by bonds involving the full faith and credit of the state shall be subject to the provisions of section 4b-23. Subject to the provisions of section 4b-3, the Marketing Authority may lease the land or markets under the control of the authority. The Marketing Authority shall adopt regulations in accordance with the provisions of chapter 54 concerning the leasing of land or markets. The Marketing Authority shall maintain a written record of the reasons why a prospective tenant has been granted or denied a lease, and shall notify applicants that such a record is available for inspection. Any such market or land may be leased in portions (1) to an agricultural cooperative organized under the laws of this state, and (2) to wholesalers of farm produce or farm supplies, and (3) to dealers in other commodities, if the authority determines that the sale of such other commodities is of general benefit to the market, and (4) to persons rendering services connected therewith essential to the market, subject to such regulations as the Marketing Authority promulgates. Such leases shall be for periods determined by the authority, not to exceed ninety-nine years, and may be renewed for like periods. Said leases may be terminated upon mutual agreement by both parties thereto. Except as provided in section 22-63a, the appointment of all necessary employees by the Marketing Authority shall be subject to the provisions of chapter 67. The Marketing Authority shall, for the purpose of providing for the payment of the expenses of the market and the construction, improvements, repairs, maintenance and operation of its properties, fix, charge and collect rentals and charges for stores, stalls, space, buildings, equipment and other appurtenances, privileges and services furnished or performed, in or in connection with the market. The Marketing Authority shall have charge and supervision of repairs, maintenance and capital improvements of its properties provided that contracts may be submitted to the Commissioner of Construction Services for review. The Marketing Authority may collect any charges due a cooperative from its sublessees and may apply any sums so collected to the payment of rent payable to the authority by such cooperative. The Marketing Authority shall promulgate reasonable regulations relating to the use and operation of the market and its premises, equipment and facilities; marketing hours and days; sanitation; weight, measurement and display of products; inspection of products by the authority, and traffic and parking regulation, all in the interest of the public safety and convenience and to insure the most efficient and economical use of market property. The Marketing Authority, or a committee thereof to be designated by the authority, after hearing, may impose a penalty not exceeding five hundred dollars for each violation of any of such regulations, and said authority may provide for the removal from the market premises of any motor vehicle operated or parked in violation of any regulation. The nonpayment of any penalty imposed as herein provided shall be grounds for eviction and exclusion from the market of the person or corporation upon whom the penalty is imposed and in addition the amount of such penalty may be recovered by the authority in a civil action. Any person or corporation aggrieved by the imposition of penalties in excess of fifty dollars in the aggregate may appeal to the superior court for the judicial district of Hartford.

(1949 Rev., S. 3102; 1949, 1953, 1955, S. 1717d; 1957, P.A. 268, S. 1; February, 1965, P.A. 537, S. 1; 1971, P.A. 152; P.A. 75-425, S. 52, 57; P.A. 76-436, S. 447, 681; P.A. 78-280, S. 5, 127; P.A. 83-487, S. 25, 33; P.A. 84-98, S. 2; P.A. 87-496, S. 89, 110; 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; P.A. 11-51, S. 90.)

History: 1965 act provided that leases may be terminated by mutual agreement of parties; 1971 act added Subdiv. indicators and specified that lease may be made to dealers in commodities other than produce or farm supplies if the authority considers sale of commodities of benefit to market; P.A. 75-425 added proviso requiring that real estate acquisitions financed by bond involving full faith and credit of state be subject to Sec. 4-26b; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced “Hartford county” with “judicial district of Hartford-New Britain”; P.A. 83-487 amended section to require adoption of regulations re leasing of land or markets and to provide that authority is to have charge and supervision of repairs, maintenance and capital improvements of its properties; P.A. 84-98 added reference to power of marketing authority to lease land or markets under its control; P.A. 87-496 substituted “public works” for “administrative services” commissioner and allowed, instead of required, marketing authority to submit contracts to commissioner of public works for review; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Construction Services”, effective July 1, 2011.

Sec. 22-65. Construction of markets. Section 22-65 is repealed.

(1949 Rev., S. 3111; September, 1957, P.A. 11, S. 41; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 109, 110.)

Sec. 22-66. Petition to Superior Court for taking of land. If said authority is unable to agree with the owners of land required for the establishment of a regional market or for an addition to any such market, said authority may bring a petition in the name of the state to the superior court in the judicial district in which the property is located or to a judge of said court if said court is not in session, which petition shall be accompanied by a summons signed by a competent authority to be served as process in civil actions before said court, notifying the owner of the property to be taken and all persons interested in such property to appear before said court or such judge. Said court or such judge shall, thereupon, appoint a state referee to determine the amount of damages to such owner or parties interested in such property. Such referee, after hearing and the determination of such damages, shall report the amount assessed therefor to said court or such judge. If the report is accepted, such acceptance shall have the effect of a judgment in favor of the owner of the property against the petitioners for the amount of the assessment made by such referee and execution may issue therefor. Said court or such judge shall make any order necessary to protect the rights of all parties interested.

(1949 Rev., S. 3103; March, 1958, P.A. 27, S. 71; P.A. 78-280, S. 2, 127.)

History: P.A. 78-280 replaced “county” with “judicial district”.

Sec. 22-67. Conditions for issuance of bonds. No bonds shall be issued under this chapter until the Marketing Authority has determined as provided in section 22-64 that such regional market or markets, when constructed, will produce in reasonable rentals and other charges an amount sufficient to retire the principal and interest of such bonds and the cost of maintenance of the regional market or markets and the collection of rentals and other charges thereon.

(1949 Rev., S. 3109; September, 1957, P.A. 11, S. 39.)

Sec. 22-68. Payment of bonds. Such bonds, together with the principal and interest thereon, shall be paid, first, out of rentals and other charges collected for the use of the regional market or markets, and, if in any year that sum is not sufficient, then the full faith and credit of the state of Connecticut is pledged for the payment thereof.

(1949 Rev., S. 3110; September, 1957, P.A. 11, S. 40.)

Sec. 22-69. Improvement bonds. Bonds, in an amount not to exceed three million one hundred fifty-five thousand five hundred five dollars, may be issued from time to time as, in the discretion of the Marketing Authority, seems necessary to meet the cost of the construction of the improvement necessary to operate a regional market or markets as determined by the Marketing Authority. Such bonds shall be denominated on the face thereof “Regional Marketing Bonds of the State of Connecticut”. Such bonds shall be sold at not less than par and accrued interest.

(1949 Rev., S. 3108; 1949, S. 1720d; September, 1957, P.A. 11, S. 42; P.A. 82-369, S. 10, 28; June Sp. Sess. P.A. 83-33, S. 4, 17; P.A. 88-343, S. 11, 32; May Sp. Sess. P.A. 92-7, S. 14, 36; May Sp. Sess. P.A. 94-2, S. 9, 203.)

History: P.A. 82-369 increased bond authorization from $1,200,000 to $1,350,000; June Sp. Sess. P.A. 83-33 increased bond authorization to $2,140,000; P.A. 88-343 increased the bond authorization to $3,140,000; May Sp. Sess. P.A. 92-7 increased the bond authorization to $3,390,000; May Sp. Sess. P.A. 94-2 decreased bond authorization to $3,155,505, effective July 1, 1994.

See Sec. 22-67 re conditions for issuance of bonds.

Sec. 22-70. Issuance of bonds. Borrowing from state funds. The provisions of section 3-20 shall apply to all bonds authorized under this chapter and such bonds and temporary notes in anticipation of money to be derived from the sale of such bonds shall be issued and sold in the manner provided in said section. Such bonds shall be in serial form, maturing in substantially equal annual installments, beginning approximately one year after the estimated date of the completion of the regional market or markets or other improvements as determined by the Marketing Authority, and in such amounts that the whole amount shall be paid within thirty years from the first date of issue. Each such bond shall bear upon its face the following statement: “The full faith and credit of the state of Connecticut are pledged to the payment of the principal and the interest hereof.” In any case in which, for the purposes of this chapter, the Marketing Authority finds it desirable to borrow money in amounts not sufficient to warrant the issuance of bonds, it may borrow from funds of the state, in an amount or amounts not exceeding in the aggregate one hundred thousand dollars, with the approval of the State Bond Commission and the Investment Advisory Council.

(1957, P.A. 566, S. 1; 1959, P.A. 468, S. 1.)

History: 1959 act allowed market authority to borrow state funds up to $100,000 when amount needed does not warrant issuance of bonds.

See Secs. 3-13a to 3-13d, inclusive, re state investment policy and procedures.

Sec. 22-71. Investment of proceeds. The Treasurer may invest temporarily in direct obligations of the United States of America such portion of the proceeds of the sale of regional marketing bonds as he deems to be available for such purpose. If the proceeds of any bond issue exceed the purchase price or cost of construction of facilities for which such bonds are issued, the surplus shall be expended in payment of principal of and interest on bonds issued under this chapter when the same become due or in the purchase at the market price of any outstanding bonds, provided such price shall not exceed the price at which such bonds are in the same year redeemable. All bonds redeemed or purchased shall forthwith be cancelled and shall not again be issued.

(1949, S. 1723d; September, 1957, P.A. 11, S. 45.)

Sec. 22-72. Bonds for construction of store units, office building. Subject to the provisions of this chapter, the Treasurer, in addition to the bonds authorized by section 22-69, may issue bonds in an amount not to exceed three hundred twenty-two thousand dollars, the proceeds of which shall be used for the construction of eleven additional store units with the necessary appurtenances thereto, two platforms and an office building.

(1951, 1955, S. 1721d; September, 1957, P.A. 11, S. 43; 1963, P.A. 46, S. 1.)

History: 1963 act reduced bond limit from $360,000 to $322,000.

See Sec. 22-67 re conditions for issuance of bonds.

Sec. 22-73. Bonds for future development of regional market. Subject to the provisions of this chapter, the Treasurer, in addition to the bonds authorized by sections 22-69 and 22-72, may issue bonds in an amount not to exceed three hundred sixteen thousand four hundred fifty-eight dollars, the proceeds of which shall be used for the future development of the regional market and planning for such development.

(1953, S. 1722d; September, 1957, P.A. 11, S. 44; February, 1965, P.A. 569; S.A. 79-95, S. 107, 109; P.A. 82-369, S. 11, 28; June Sp. Sess. P.A. 83-33, S. 5, 17; P.A. 90-297, S. 12, 24.)

History: 1965 act increased bond limit from $487,000 to $787,000; S.A. 79-95 reduced bond limit to $425,000; P.A. 82-369 reduced bond authorization to $322,000; June Sp. Sess. P.A. 83-33 increased bond authorization to $522,000 and allowed for those funds to be used for planning; P.A. 90-297 decreased the bond authorization to $316,458.

See Sec. 22-67 re conditions for issuance of bonds.

Sec. 22-74. New Haven regional market. Bonds. Section 22-74 is repealed.

(1955, S. 1724d; September, 1957, P.A. 11, S. 46; 1963, P.A. 46, S. 2.)

Sec. 22-75. Reserve fund. Any net income to the authority shall be used to create a reserve fund for payment of repairs, capital improvements in such amount as shall be approved by the Secretary of the Office of Policy and Management, and outstanding bonds and interest thereon due and payable in the succeeding fiscal year. The reserve fund may be used by the authority to carry out the purposes of this chapter.

(1949 Rev., S. 3104; 1957, P.A. 568, S. 1; 1967, P.A. 68, S. 1; P.A. 77-614, S. 19, 610; P.A. 97-155, S. 2.)

History: 1967 act required that reserve be used for payment of capital improvements in amounts approved by commissioner of finance and control; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 97-155 deleted provisions re transfers from the fund when the fund exceeded $25,000.

Sec. 22-76. Lessee may construct building. The lessee of any land leased by the Marketing Authority may construct thereon a building, of a type approved by the authority, to be used by such lessee for marketing or related purposes. Title to any such buildings so constructed may be conveyed by such lessee to the state.

(1949, S. 1719d.)

Sec. 22-77. Federal grants. The authority is authorized (a) to apply for and receive grants or any other benefits from the United States or any agency or instrumentality thereof for carrying out the duties placed upon the authority; (b) to do and to authorize to be done every act and thing necessary to meet the requirements of and to obtain any and all grants and benefits from the United States or any agency or instrumentality thereof.

(1949, S. 1728d.)

Sec. 22-78. Appropriations. Obsolete.

(1949 Rev., S. 3106.)

Sec. 22-78a. Fee for round trip by railroad car over track owned by authority. Regulations. Between July 1, 1991, and July 1, 1993, the Connecticut Marketing Authority shall, for the purposes of improvement and maintenance of railroad track owned by said authority, charge a fee of fifty dollars for each round trip made by a railroad car over said track. The fee shall be paid to the authority by the person or persons receiving the railroad car. On and after July 1, 1993, such fee shall be established by the board of directors of the Connecticut Marketing Authority by regulations adopted in accordance with the provisions of chapter 54.

(P.A. 84-211; P.A. 91-312, S. 42, 48; P.A. 92-255, S. 6, 8.)

History: P.A. 91-312 increased the fee from $25 to $50 between July 1, 1991, and July 1, 1992, and provided that on and after July 1, 1992, such fee shall be established by regulations adopted by the board of directors of the authority; P.A. 92-255 extended the statutory fee of $50 until July 1, 1993, and provided for a fee to be set by regulation after that date.