OLR Bill Analysis

sHB 5495

AN ACT CONCERNING FAIR ADVERTISING FOR CONNECTICUT FARM WINERIES.

SUMMARY:

This bill adds “Farm Winery” as a category that may be listed on a highway “specific information sign,” which under current law includes information on gas, food, and lodging. It defines a “farm winery” as a winery having a permit from Department of Consumer Protection (DCP) commissioner.

The bill allows the Department of Transportation (DOT) commissioner to treat people applying for a sign indicating “Farm Winery” in the same way he treats other specific information sign owners. This means the commissioner may issue a permit to erect the sign, but must receive either a bond or recognizance in an amount the commissioner specifies. Like other specific information sign permittees, farm winery permittees must be reimbursed by subsequent permittees on the same sign.

EFFECTIVE DATE: Upon passage

BACKGROUND

Farm Winery Permits

By law, the DCP commissioner may grant a permit for a farm winery (a manufacturer permit that allows for making, bottling, storing, and selling wine and brandies distilled from grape and other fruit products). A permitee must produce on the premises or on property adjacent to and under the permittee's ownership and control an average crop of fruit equal to at least 25% of the fruit used in the manufacture of the permittee's wine (CGS § 30-16(e)(5)).

Farm Winery Signs

The Department of Agriculture has a signage program for wineries. The DOT also administers a separate sign program with the Connecticut Vineyard Winery Association (CVWA), which apparently is only for CVWA members.

Legislative History

On April 14, 2009, the House referred the bill to the Transportation Committee, which favorably reported a substitute on April 20 that eliminates the requirement that the DOT and agriculture commissioners allow any farm winery permit holder to participate in any vineyard or winery signage program that the commissioners administer and that promotes the existence and location of farm wineries.

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute

Yea

31

Nay

0

(03/18/2009)

Transportation Committee

Joint Favorable Substitute

Yea

17

Nay

16

(04/20/2009)