(a) For purposes of this section:

(1) “Farmers’ market” means a cooperative or nonprofit enterprise or association that consistently occupies a given site throughout the season or that occupies a given site for any given day or event and that operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, to sell Connecticut-grown farm products in conformance with the applicable regulations of Connecticut state agencies and where the farm products sold are produced by the participating farmers with the sole intent and purpose of generating a portion of household income;

(2) “Fresh produce” means fruits and vegetables that have not been processed in any manner;

(3) “Certified farmers’ market” means a farmers’ market that is authorized by the commissioner to operate;

(4) “Farmer’s kiosk” means a structure or area located within a certified farmers’ market used by a farm business to conduct sales of Connecticut-grown farm products;

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

(6) “Farm” has the meaning ascribed to it in subsection (q) of section 1-1;

(7) “Farm products” means any fresh fruits, vegetables, mushrooms, nuts, shell eggs, honey or other bee products, maple syrup or maple sugar, flowers, nursery stock and other horticultural commodities, livestock food products, including meat, milk, cheese and other dairy products, food products of aquaculture, as defined in subsection (q) of section 1-1, including fish, oysters, clams, mussels and other molluscan shellfish taken from the waters of the state or tidal wetlands, products from any tree, vine or plant and their flowers, or any of the products listed in this subdivision that have been processed by the participating farmer, including, but not limited to, baked goods made with farm products.

(b) A farmer’s kiosk at a certified farmers’ market shall be considered an extension of the farmer’s business and regulations of Connecticut state agencies relating to the sale of farm products on a farm shall govern the sale of farm products at a farmer’s kiosk except that at such farmer’s kiosk, no farmer shall falsely label any egg or offer for sale any egg that is adulterated, as defined in section 22-45.

(c) Except as provided in section 22-6s, a farmer offering farm products for sale at a certified farmers’ market shall obtain and maintain any license required to sell such products.

(d) A food establishment, as defined in section 19a-36g, may purchase farm products that have been produced and are sold in conformance with the applicable regulations of Connecticut state agencies at a farmers’ market, provided such establishment requests and obtains an invoice from the farmer or person selling farm products. The farmer or person selling farm products shall provide to the food service establishment an invoice that indicates the source and date of purchase of the farm products at the time of the sale.

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

(f) The Commissioner of Agriculture shall, upon request by any farmers’ market, include such farmers’ market on any list of farmers’ markets that appears on the Department of Agriculture’s Internet web site and include such farmers’ market in any promotional materials concerning farmers’ markets that are published or distributed by the department.

(P.A. 06-52, S. 1; P.A. 07-252, S. 59; P.A. 08-184, S. 9; P.A. 10-103, S. 1; P.A. 11-191, S. 2; P.A. 13-72, S. 2; P.A. 17-93, S. 11; 17-184, S. 4.)

History: P.A. 06-52 effective May 8, 2006; P.A. 07-252 amended Subsec. (a)(1) to include sale of fresh produce to food service establishments within definition of “farmers’ market”, designated existing provisions of Subsec. (c) as Subsec. (c)(1) and added Subsec. (c)(2) to require food service establishments to request and obtain invoice from the farmer or person selling fresh produce that indicates source and date of purchase of the fresh produce at time of sale, effective July 12, 2007; P.A. 08-184 amended Subsec. (a)(1) to redefine “farmers’ market” by replacing provision re sale to consumers and food service establishments with provision re sale “in conformance with the applicable regulations of Connecticut state agencies”, redesignated existing Subsecs. (c)(1) and (c)(2) as new Subsecs. (c) and (d), amended new Subsec. (d) by substituting “farm products” for “fresh produce” and providing that food service establishment may purchase farm products that have been produced and are sold in conformance with applicable state regulations at a farmers’ market, and redesignated existing Subsec. (d) as Subsec. (e), effective June 12, 2008; P.A. 10-103 amended Subsec. (a)(1) by redefining “farmers’ market”, effective June 2, 2010; P.A. 11-191 amended Subsec. (c) by adding exception re provisions of Sec. 22-6s, effective July 13, 2011; P.A. 13-72 added Subsec. (f) re inclusion of farmers’ market on Department of Agriculture’s Internet web site and in promotional materials published or distributed by department, effective June 5, 2013; P.A. 17-93 amended Subsec. (d) by replacing “food service establishment” with “food establishment” and replacing “19-13-B42 of the regulations of Connecticut state agencies” with “19a-36g”; P.A. 17-184 amended Subsec. (b) by adding provision re falsely labeled egg and adulterated egg, as defined in Sec. 22-45, effective July 10, 2017.