PART 1 Agency of Agriculture, Food and Markets

History

Amendments--2003. Pursuant to the general amendment in Act 42, sec. 2, substituted "Agency of Agriculture, Food and Markets" for "Department of Agriculture, Food and Markets" in the part heading.

Agency of Agriculture, Food and Markets and Agency of Natural Resources laboratory. 2015, No. 26 , § 24 provides: "Notwithstanding the authority contained in 29 V.S.A. § 164, the Department of Buildings and General Services shall enter into a ground lease or other similar legal instrument with Vermont Technical College for the purpose of locating the Agency of Agriculture, Food and Markets and Agency of Natural Resources' collaborative laboratory on the Vermont Technical College campus in Randolph, Vermont."

Prevailing wage; Agency of Agriculture, Food and Markets and Agency of Natural Resources laboratory. 2015, No. 26 , § 24e provides: "Notwithstanding any other provision of law, prevailing wage determinations for the construction of the Agency of Agriculture, Food and Markets and the Agency of Natural Resources laboratory shall be made in accordance with the requirements of 29 V.S.A. § 161(b)."

CHAPTER 1. GENERAL POWERS; SECRETARY OF AGRICULTURE, FOOD AND MARKETS

Sec.

History

Amendments--2003. Pursuant to the general amendment in Act 42, Sec. 2, substituted "Secretary of Agriculture, Food and Markets" for "Commissioner of Agriculture, Food and Markets" in the chapter heading.

§ 1. General powers of Agency; Secretary of Agriculture, Food and Markets.

  1. The Agency of Agriculture, Food and Markets shall be administered by a Secretary of Agriculture, Food and Markets. The Secretary shall supervise and be responsible for the execution and enforcement of all laws relating to agriculture and standards of weight and measure. The Secretary may:
    1. Delegate any authority, power, or duty as necessary for the proper execution of the laws.
    2. Conduct examinations and pass upon the qualifications of applicants for licenses.
    3. Conduct routine inspections and investigate suspected violations of any law administered by the Secretary.
    4. Conduct hearings.
    5. Issue subpoenas and administer oaths in connection with an authorized investigation or hearing.
    6. Enter into contracts on behalf of the Agency.
    7. Seek and obtain temporary or permanent injunctions to restrain a violation of any law administered by the Secretary, whenever there are reasonable grounds to believe that a law has been or will be violated.
    8. Institute appropriate proceedings in the name of the Agency to enforce any law administered by the Secretary.
    9. Apply for and accept grants of money or other gifts on behalf of the Agency, subject to 32 V.S.A. § 5 .
    10. Adopt and enforce rules to implement the laws administered by the Secretary.
    11. Accept an assurance of discontinuance in lieu of instituting an action or proceeding for violation of a law administered by the Secretary.
    12. Exercise any other power or authority granted by common law or statute.
    13. Notwithstanding any law to the contrary in this title or Title 9 or 20, issue all licenses, permits, registrations, or certificates under a program administered by the Secretary for a term of up to three years; renew and issue such licenses, permits, registrations, and certificates on any calendar cycle; collect any annual fee set by law for the multiyear licensure, permit, registration, or certificate on a pro-rated basis, which shall not exceed 150 percent of the annual fee for an 18-month cycle, 200 percent of the annual fee for a two-year cycle, or 300 percent of the annual fee for a three-year cycle; and conduct inspections at regulated premises at least once every three years when inspection is required by law. The authority to mandate licenses, permits, registrations, or certificates for more than one year shall not extend to any program administered by the Secretary for which the annual fee is more than $175.00. The Secretary shall only provide refunds for overpayments of $25.00 or more on a license, permit, registration, or certificate issued by the Secretary. The Secretary may assess a late fee of $27.00, provided that the late fee is no greater than the fee due, in which case the late fee shall equal the fee due, for any license, registration, permit, or certification renewal that is received more than 30 days past expiration, unless a higher late renewal fee is otherwise prescribed by statute.
    14. Require any person or entity regulated by the Secretary under this title or Title 9 or 20 to file an affidavit under oath or affirmation that the person or entity or their regulated premises is in compliance with an assurance of discontinuance or other order or the terms and conditions of a license, permit, registration, certificate, or approval issued by or under the statutory authority of the Secretary or rules adopted under such statutory authority. The Secretary's request for an affidavit of compliance under this subdivision may be delivered by hand or by certified mail. Failure to file such affidavit when requested or the material misrepresentation of a fact in the affidavit shall constitute a violation of the underlying regulatory program and grounds for revocation or assessment of administrative penalties or both under section 15 of this title.
  2. The following entities shall exist and operate within the Agency of Agriculture, Food and Markets under the general supervision of the Secretary:
    1. The Vermont Milk Commission.
    2. The State Dairy Council.
    3. The Vermont Dairy Industry Council.
    4. [Repealed.]
  3. The Secretary shall provide data and funding recommendations to the Vermont Climate Change Oversight Committee with regard to:
    1. funding and implementing State conservation programs in order to increase carbon sequestration;
    2. providing cost-share assistance for farmers to purchase manure injection equipment to retrofit existing manure spreaders or purchase new equipment;
    3. providing cost-share assistance for farms to develop and implement nutrient management plans for smaller dairy farms and continuing to provide annual assistance so that existing plans on medium-sized farms continue to be implemented;
    4. providing cost-share assistance under the farm agronomic practices program so that farms implement cover crops and other soil erosion and land cover practices;
    5. other ways to create incentives for carbon sequestration on farm and forestland, Vermont's "green bank."
  4. The Secretary shall continue the Agency's methane capture program and shall collaborate with the Vermont Climate Change Oversight Committee with regard to the availability of additional funds for these purposes. The goal of the methane digester portion of the program shall be to digest and use 15 percent of the State's dairy cattle manure by 2012, and 50 percent by 2028. The goal of a second aspect of this emissions reduction program shall be to increase the percentage of poultry and nondairy livestock manure composted to 25 percent by 2012, and 50 percent by 2028.

    Amended 1959, No. 329 (Adj. Sess.), § 10, eff. March 1, 1961; 1967, No. 303 (Adj. Sess.), § 16(b); 1987, No. 277 (Adj. Sess.), § 1; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 17 , § 8(a), eff. April 4, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 209 (Adj. Sess.), § 2; 2009, No. 146 (Adj. Sess.), § F7; 2015, No. 39 , § 17; 2015, No. 149 (Adj. Sess.), § 1; 2017, No. 75 , § 9; 2019, No. 138 (Adj. Sess.), § 9a, eff. July 2, 2020.

History

Source. V.S. 1947, § 505. 1937, No. 197 , § 1. P.L. § 474. 1933, No. 157 , § 415. 1923, No. 7 , § 33. 1923, No. 8 , §§ 4, 15.

2011. Struck "The agricultural development commission" where it appeared in subdiv. (b)(4). The agricultural development commission was repealed by 2009, No. 101 (Adj. Sess.), § 1 and replaced by the Vermont agricultural innovation center.

2005. In subsec. (b), substituted "entities" for "agencies" to correctly designate the organizations with the Agency of Agriculture, Food and Markets.

Amendments--2017. Subdiv. (a)(13): Substituted "the" for "such" preceding "multiyear licensure" in the first sentence, and "for which" for "where" following "the Secretary" and "$175.00" for "$125.00" in the second sentence.

Amendments--2015(Adj. Sess.). Subdiv. (a)(13): Added the last sentence.

Amendments--2015. Subdiv. (a)(13): Added the second to last sentence.

Amendments--2009 (Adj. Sess.) Subsec. (a): Added subdivs. (13) and (14).

Amendments--2007 (Adj. Sess.). Subsecs. (c) and (d): Added.

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in the introductory par. of subsecs. (a) and (b), "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the section catchline and in the introductory par. of subsecs. (a) and (b), and substituted "agency" for "department" and "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 Subsec. (b): Substituted "Vermont milk commission" for "milk control board" in subdiv. (1).

Amendments--1989 (Adj. Sess.) Substituted "department of agriculture, food and markets" for "department of agriculture" in the introductory paragraphs of subsecs. (a) and (b).

Amendments--1987 (Adj. Sess.) Amended section generally.

Amendments--1967 (Adj. Sess.) Subdiv. (b)(4): Substituted "natural resources" for "soil" preceding "conservation".

Amendments--1959 (Adj. Sess.) Amended section generally.

Cross References

Cross references. Administration of Market Vermont Program, see 3 V.S.A. § 2501 et seq.

Agricultural development, see § 2963 et seq. of this title.

Appointment and duties of deputy commissioners of agriculture, see 3 V.S.A. § 253.

Procedure for adoption of administrative rules, see 3 V.S.A. 800 et seq.

Regulation of weights and measures, see 9 V.S.A. § 2631 et seq.

Vermont Dairy Promotion Council, see §§ 2971 and 2972 of this title.

Vermont Milk Commission, see § 2921 et seq. of this title.

§ 2. Appointment of Secretary of Agriculture, Food and Markets.

Biennially, in the month of February, with the advice and consent of the Senate, the Governor shall appoint a Secretary of Agriculture, Food and Markets.

Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4544. P.L. § 4446. 1933, No. 157 , § 4179. G.L. § 428. 1917, No. 17 , § 2. 1910, No. 16 , § 1. 1908, No. 11 , § 6.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the section catchline and following "appoint a" in the text of the section.

Cross References

Cross references. Deputy Commissioners of Agriculture, see 3 V.S.A. § 253.

ANNOTATIONS

1. Removal.

There is no statutory provision for a hearing prior to removal of Commissioner of Agriculture and an incumbent can be removed in discretion of Governor. 1962-64 Op. Atty. Gen. 127.

§ 3. Duties of Secretary generally; educational work.

The Secretary shall promote the agricultural interests and education throughout the State by means of institutes, farmers' meetings, lectures, essays, bulletins, crop reports, nature leaflets, and such other means as he or she deems advisable. Subject to the approval of the Governor, he or she may employ assistants, lecturers, essayists, and experts in conducting meetings, in the preparation of bulletins and crop reports, and in the proper discharge of his or her duties. Such educational work shall include, among other topics, tree planting, roads, and road making. Lectures and essays shall be given and institutes and meetings held at such places and times as the Secretary deems advisable.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4545. P.L. § 4447. 1933, No. 157 , § 4180. G.L. § 430. 1917, No. 17 , § 3. 1910, No. 471 . 1908, No. 11 , § 7. P.S. § 331. V.S. § 246. 1892, No. 7 , § 2. R.L. § 178. 1880, No. 135 , § 3. 1878, No. 15 , § 2. 1870, No. 87 , §§ 4, 5.

2008. Restored catchline to terminology used in the 1999 published edition of Title 6.

Amendments--2003. Substituted "secretary" for "commissioner" in the section catchline and in the first and fourth sentences.

§ 4. Meetings outside State.

The Secretary may attend conventions, meetings, or institutes relating to agriculture, held in other states or countries. With the approval of the Governor, he or she may use a portion of the monies apportioned for agriculture, to represent the State by exhibit or otherwise outside the State.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4546. P.L. § 4448. 1933, No. 157 , § 4181. G.L. § 430. 1917, No. 17 , § 3. 1910, No. 471 . 1908, No. 11 , § 7. P.S. § 331. V.S. § 246. 1892, No. 7 , § 2. R.L. § 178. 1880, No. 135 , § 3. 1878, No. 15 , § 2. 1870, No. 87 , §§ 4, 5.

Amendments--2003. Substituted "secretary" for "commissioner" preceding "may attend" in the first sentence.

§ 5. Repealed. 2009, No. 33, § 83(c)(1).

History

Former § 5. Former § 5, relating to annual report by the secretary of agriculture, food and markets to governor, was derived from 1957, No. 5 ; V.S. 1947, § 4547; 1947, No. 202 , § 4519; P.L. § 4456; G.L. § 435; 1917, No. 17 , §§ 4, 9, 14, 17; 1915, No. 1 , §§ 48, 195; 1912, No. 46 , § 3; 1908, No. 11 , § 9; P.S. §§ 332, 355; 1904, No. 15 , § 6; 1904, No. 16 , § 2; 1896, No. 8 , § 1; V.S. § 247; 1892, No. 7 , § 4; 1888, No. 99 , § 2; R.L. § 179. 1880, No. 135 , § 4; 1870, No. 87 , § 4 and amended by 2003, No. 42 , § 2.

§ 6. Combined licenses.

The Secretary of Agriculture, Food and Markets shall publish a combined application and shall issue a combined license for any person desiring to be licensed under more than one of the following provisions: retail vendors licensed under sections 1109, 2723a, 2855, and 3306 of this title and 9 V.S.A. § 2730 . The license fee for the combined license shall not exceed the amount charged if each license were granted separately. Combined licenses shall expire and be renewed annually on January 1 of each year. Except as otherwise provided by statute, all fees collected under this combined license shall be deposited in the weights and measures special fund provided for under 9 V.S.A. § 2632(b) for use in administering this combined license and carrying out inspections associated with compliance.

1971, No. 177 (Adj. Sess.), § 6, eff. Jan. 1, 1973; amended 1985, No. 226 (Adj. Sess.), § 4, eff. June 2, 1986; 1991, No. 79 , § 1; 1995, No. 128 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003.

History

2011. Struck "special fund created in 9 V.S.A. § 2697a(c)" and inserted "weights and measures special fund provided for under 9 V.S.A. § 2632(b)". The motor fuel and inspection revolving fund in 9 V.S.A. 2697a(c) was repealed by 1999, No. 49 (Adj. Sess.), § 128. Section 127 of No. 49 (Adj. Sess.) provided that fees and reimbursements of costs collected by the Department of Agriculture, Food and Markets under the provisions of chapter 73 of this title (weights and measures) shall be credited to a weights and measures special fund and shall be available to the Department to offset the costs of implementing the weights and measures chapter.

2006. Substituted " § 2723a" for " § 2934", both relating to distributors' licenses, in accordance with the provisions of 2003, No. 70 (Adj. Sess.), § 66 (effective March 1, 2004).

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" preceding "shall publish" in the first sentence.

Amendments--1995 (Adj. Sess.) Substituted "2934, 2855" for "2726" and "section" for "sections" preceding "2730" and deleted "and 3481(a)" thereafter in the first sentence and added the fourth sentence.

Amendments--1991 Inserted "sections 2730 and" preceding "3481(a)" in the first sentence and added the third sentence.

Amendments--1985 (Adj. Sess.) Inserted "retail vendors licensed under" following "provisions" and substituted "3306" for "3197" preceding "of this title" in the first sentence.

§ 7. Feed, seed, and fertilizer authority.

Authority to administer and enforce the provisions of chapter 35 of this title is hereby transferred from the Director of the Experiment Station to the Secretary of Agriculture, Food and Markets. Any reference in chapter 35 to the words Director of the Agricultural Experiment Station or Director shall be deemed to mean Secretary of Agriculture, Food and Markets. Any reference to the related services division of the College of Agriculture shall be deemed to mean the Agency of Agriculture, Food and Markets. Any reference to the Chief Financial Officer of the University of Vermont shall be deemed to mean the State Treasurer.

Added 1983, No. 252 (Adj. Sess.), § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

2011. Reference to chapters 25 and 29 in the first and second sentence were struck. Chapters 25 (commercial feeds) and 29 (fertilizer and lime) were repealed by 1985, No. 126 (Adj. Sess.), §§ 2 and 3 respectively and replaced by chapters 26 and 28 of Title 6, both of which do not reference the Director of the Experiment Station.

Revision note - In the first and second sentences substituted "experiment station" for "experimental station" to conform references to section 2321 of Title 16.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first and second sentences and "agency of agriculture, food and markets" for "department of agriculture, food and markets" in the third sentence.

Amendments--1989 (Adj. Sess.) Substituted "department of agriculture, food and markets" for "department of agriculture" in the third sentence.

§ 8. Agricultural lands planning criteria.

  1. The Secretary shall establish guidelines to assist municipal and regional planning commissions in identifying agricultural lands. The guidelines shall provide, but not be limited to:
    1. soil characteristics appropriate to agricultural land;
    2. appropriate size of the parcel and use of adjacent land;
    3. the importance of agriculture to the region or locality;
    4. the availability and capacity of agricultural services and labor to support farming in the region; and
    5. the importance of the land, as agricultural land, to the character of the locality.
  2. The guidelines established by the Secretary under subsection (a) of this section may be applied by each regional and municipal planning commission to establish specific criteria for identifying agricultural lands within that region or municipality.

    Added 1987, No. 200 (Adj. Sess.), § 30, eff. May 19, 1988; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" preceding "shall establish" in the intro. par. of subsec. (a) and following "established by the" in subsec. (b).

Cross References

Cross references. Contents of municipal development plans, see 24 V.S.A. § 4382.

Elements of regional plan, see 24 V.S.A. § 4348a.

State land use and development generally, see 10 V.S.A. § 6001 et seq.

§ 9. Service charges.

The Secretary may assess charges for services rendered by Agency employees to commercial enterprises that are not required by or otherwise referred to in statute. The Secretary may also assess charges for inspections which are conducted to confirm that action has been taken to correct violations when an inspector has conducted at least two inspections regarding a violation. Service charges assessed under this section shall be sufficient to recover the Agency's costs, including payment for the inspector's time, and shall be retained by the Agency to reimburse these expenses.

Added 1989, No. 257 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in the first and second sentences and "agency" for "department" in the first and third sentences.

§ 10. Special funds.

Fees, assessments, and reimbursements of costs collected by the Agency of Agriculture, Food and Markets under the provisions of this title shall be credited to special funds and shall be available to the Agency to offset the costs of providing the service.

Added 1999, No. 49 , § 100, eff. July 1, 2000; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" following "collected by the" and "agency" for "department" following "available to the".

§ 11. Administrative hearings; hearing officers.

The Secretary may designate a hearing officer to preside in his or her place in all matters in which the Secretary is required or permitted by law to conduct a hearing. The hearing officer may administer oaths or issue subpoenas in connection with a hearing. The hearing officer shall report findings of fact to the Secretary in writing, within a reasonable time after the conclusion of the hearing, in contested cases within the meaning of 3 V.S.A. § 801(b)(2) . Judgment on the findings in cases covered by this section shall be rendered only by the Secretary.

Added 1987, No. 277 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Substituted "3 V.S.A. § 801(b)(2)" for "3 V.S.A. § 801(2)" to conform reference to text of 3 V.S.A. § 801, as amended.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 12. Search warrants.

  1. Upon application by the Secretary or a person designated by the Secretary, a District or Superior Court judge shall, upon a finding of probable cause, issue an administrative search warrant to search property for violation of any provision of this title, 9 V.S.A. chapter 73, or any other law administered by the Secretary of Agriculture, Food and Markets. A court may find that probable cause for an administrative search warrant under this section exists when:
    1. the Secretary or a person designated by the Secretary has reason to believe that a provision of this title, 9 V.S.A. chapter 73, or any other law administered by the Secretary has been violated; or
    2. permission to inspect has been refused and the property to be searched is subject to routine inspections in connection with a regulatory program administered by the Secretary of Agriculture, Food and Markets.
  2. The provisions of Rule 41(c) and (d) of the Vermont Rules of Criminal Procedure shall apply to warrants issued under this section.

    Added 1987, No. 277 (Adj. Sess.), § 3; amended 1991, No. 228 (Adj. Sess.), § 5; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsec. (a): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" following "administered by the" in the intro. par. of subsec. (a) and "secretary" for "commissioner" wherever it appeared throughout the subsec.

Amendments--1991 (Adj. Sess.) Subsec. (a): Added "of agriculture, food and markets" following "administered by the commissioner" in the introductory paragraph and substituted "administered by the commissioner of agriculture, food and markets" for "conducted pursuant to this title" following "program" in subdiv. (2).

§ 13. Assurances of discontinuance.

  1. As an alternative to administrative or judicial proceedings, the Secretary may accept an assurance of discontinuance of any violation. An assurance of discontinuance may include:
    1. specific actions to be taken;
    2. abatement or mitigation schedules;
    3. payment of a civil or administrative penalty and the costs of investigation; or
    4. payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.
  2. An assurance of discontinuance shall be in writing, and may by its terms be filed with the Superior Court having jurisdiction over the subject matter and become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation.
  3. Any violation of an assurance of discontinuance shall constitute a separate and distinct offense of the underlying regulatory program and shall be subject to the applicable general penalties for violations of the law under that program, in addition to any other applicable penalties.
  4. Costs of investigations collected under subsection (a) of this section shall be credited to a special fund and shall be available to the Agency to offset these costs.

    Added 1987, No. 277 (Adj. Sess.), § 4; amended 1991, No. 228 (Adj. Sess.), § 6; 1999, No. 49 , § 101; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 75 , § 1.

History

Amendments--2017. Subsec. (a): Inserted "administrative or" preceding "judicial proceedings" and deleted "but need not be limited to" following "include" in the introductory paragraph and inserted "or administrative" preceding "penalty" and added "or" following "investigation;" in subdiv. (3).

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" in the first sentence of the intro. par.

Subsec. (d): Substituted "agency" for "department".

Amendments--1999 Subsec. (d): Added.

Amendments--1991 (Adj. Sess.) Substituted "discontinuance" for "discontinuances" in the section catchline and added subsec. (c).

§ 14. Acceptance of gifts of real property.

The Secretary, with the approval of the Governor, may accept gifts of the rights and interests in real property in the manner provided by 10 V.S.A. chapter 155. Rights or interests in real property acquired by the Secretary through transactions funded in whole or in part by the Vermont Housing and Conservation Board are deemed as accepted by the Governor.

Added 1987, No. 277 (Adj. Sess.), § 5; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 75 , § 4.

History

Amendments--2017. Added the second sentence.

Amendments--2003. Substituted "secretary" for "commissioner".

§ 15. Administrative penalties.

  1. In addition to other penalties provided by law, the Secretary may assess administrative penalties, not to exceed $1,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is provided for therein.
  2. In determining the amount of the penalty to be assessed under this section, the Secretary may give consideration to one or more of the following:
    1. the degree of actual and potential impact on public health, safety, and welfare resulting from the violation;
    2. the presence of mitigating or aggravating circumstances;
    3. whether the violator has been warned or found in violation of the same provisions of law in the past;
    4. the economic benefit gained by the violation;
    5. the deterrent effect of the penalty;
    6. the financial condition of the violator.
  3. Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed to be a separate and distinct offense.  In no event shall the maximum amount of the penalty assessed under this section exceed $25,000.00.
  4. In addition to the administrative penalties authorized by this section, the Secretary may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Agency to offset these costs.
  5. Any party aggrieved by a final decision of the Secretary may appeal de novo to the Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court.

    Added 1989, No. 49 , § 1; amended 1989, No. 183 (Adj. Sess.), § 2; 1991, No. 79 , § 1a; 1991, No. 228 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 5; 1995, No. 68 (Adj. Sess.), § 3; 1995, No. 128 (Adj. Sess.), § 2; 1997, No. 130 (Adj. Sess.), § 1; 1999, No. 49 , § 102; 1999, No. 100 (Adj. Sess.), § 1, eff. May 5, 2000; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in the intro. pars. of subsecs. (a) and (b) and in the first and second sentences of subsec. (d) and in the first sentence of subsec. (e).

Subsec. (d): Substituted "agency" for "department" preceding "to offset".

Amendments--1999 (Adj. Sess.). Subsec. (a): Added "this title and Titles 9 and 20, unless a higher administrative penalty amount is provided for therein" to the end of the paragraph and made a minor change in punctuation, and deleted subdivs. (1)-(12).

Amendments--1999 Redesignated former subsec. (d) as present subsec. (e) and added present subsec. (d).

Amendments--1997 (Adj. Sess.). Subsec. (a): Added subdivs. (11) and (12).

Amendments--1995 (Adj. Sess.) Subsec. (a): Act No. 128 deleted "in addition to other penalties provided by law" preceding "the commissioner" in the introductory paragraph.

Act Nos. 68 and 128 added subdiv. (a).

Subsec. (d): Added by Act No. 128.

Amendments--1991 (Adj. Sess.) Act No. 228 made minor changes in punctuation in subdivs. (a)(1)-(5), deleted "and" following "weights and measures" in subdiv. (a)(5), and added subdiv. (a)(7).

Act No. 261 added subdiv. (a)(7).

Amendments--1991 Subsec. (a): Deleted "and" at the end of subdiv. (4), added "and" at the end of subdiv. 5, and added subdiv. (6).

Amendments--1989 (Adj. Sess.) Subsec. (a): Deleted "any of the following chapters" following "violation of" and made other minor stylistic changes in the introductory paragraph, deleted "and" at the end of subdiv. (3), added a new subdiv. (4) and redesignated former subdiv. (4) as subdiv. (5).

Subsec. (c): Substituted "$25,000.00" for "$10,000.00" in the second sentence.

§ 16. Notice and fair hearing requirements.

  1. The Secretary shall use the following procedures in assessing the penalty under section 15 of this title: the alleged violator shall be given an opportunity for hearing after reasonable notice and the notice shall be served by personal service or by certified mail sent to the last address of record on file with the Agency. If the alleged violator is not an applicant for or holder of a license, permit, registration, or certification issued by the Agency, the notice shall be served by personal service or by certified mail, return receipt requested. The notice shall include:
    1. A statement of the legal authority and jurisdiction under which the hearing is to be held.
    2. A statement of the matter at issue, including reference to the particular statute or administrative rule allegedly violated and a factual description of the alleged violation.
    3. The amount of the proposed administrative penalty and required corrective action, abatement, or mitigation.
    4. A warning that the decision shall become final and the penalty shall be imposed if no hearing is requested within 15 days of service of the notice. The notice shall specify the requirements that must be met in order to avoid being deemed to have waived the right to a hearing, or the manner of payment if the person elects to pay the penalty and waive a hearing.
  2. Any person who receives notification pursuant to this section shall be deemed to have waived the right to a hearing unless, within 15 days of the receipt of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the Secretary shall issue a final order finding the person in default and imposing the penalty and any required corrective action, abatement, or mitigation. A copy of the final default order shall be served upon the violator by certified mail, return receipt requested, or by personal service.
  3. When an alleged violator requests a hearing in a timely fashion, the Secretary shall hold the hearing pursuant to 3 V.S.A. chapter 25.

    Added 1989, No. 49 , § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 75 , § 2.

History

Revision note. In subsec. (a), deleted the subdiv. designation preceding the second paragraph and redesignated subdivs. (A)-(D) as subdivs. (1)-(4), respectively, to conform to V.S.A. style.

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" in the intro. par. of subsec. (a), in the second sentence of subsec. (b), and in subsec. (c).

§ 17. Collections.

  1. The Secretary may collect an unpaid administrative or civil penalty by filing a civil collection action in any Superior Court or through any other means available to State agencies.
  2. The Secretary may, subject to 3 V.S.A. chapter 25, suspend any license, certificate, registration, or permit issued pursuant to his or her authority for failure to pay a penalty under this chapter more than 45 days after the penalty was imposed by order and served.

    Added 1989, No. 49 , § 3; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 75 , § 3.

History

Amendments--2017. Subsec. (a): Inserted "or civil" preceding "penalty"; and substituted "Superior Court" for "district or superior court," following "in any".

Subsec. (b): Substituted "45 days" for "60 days" following "more than"; and "imposed by order and served" for "issued" following "penalty was".

Amendments--2003. Substituted "secretary" for "commissioner" in subsecs. (a) and (b).

§ 18. Certificate of free sale.

  1. The Secretary is hereby authorized to make available certificates of free sale to applicants who manufacture or produce Vermont food regulated by the Agency for the limited purpose of facilitating the shipment of such products for sale in foreign countries.
  2. The Agency may adopt rules for the issuance of such certificates.
  3. The Agency shall assess a fee of $30.00 per certificate to offset administrative costs.

    Added 1995, No. 184 (Act. Sess.), § 1; amended 1999, No. 49 , § 103; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 2.

History

2005. In subsec. (b), substituted "adopt" for "promulgate" to more accurately indicate the rule-making process.

Amendments--2015 (Adj. Sess.). Subsec. (a): Deleted "or manufacturing" following "free sale" and substituted "regulated by the Agency" for "or personal care products" following "food".

Subsec. (c): Substituted "$30.00" for "$15.00" preceding "per certificate".

Amendments--2003. Substituted "secretary" for "commissioner" in subsec. (a) and "agency" for "department" in subsecs. (b) and (c).

Amendments--1999 Subsec. (c): Substituted "shall" for "is authorized to" following "the department".

§ 19. Emergency livestock feed program.

  1. An emergency livestock feed program is established. The Secretary of Agriculture, Food and Markets is hereby authorized to administer an emergency livestock feed program to distribute funds to farmers who live in a county designated a natural disaster area by presidential declaration.
  2. The Secretary shall adopt rules to implement this program, and to disburse funds from time to time appropriated by the General Assembly. The rules shall include an application format, review process, eligibility criteria, and payment rates.
  3. The Secretary may recoup program payments from an individual who makes a fraudulent claim to the program and may issue an administrative penalty under section 15 of this title to a claimant for each violation of this section or rule adopted under its provisions.

    Added 1997, No. 66 (Adj. Sess.), § 59, eff. Feb. 20, 1998; amended 1999, No. 1 , § 98, eff. March 31, 1999; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the second sentence of subsec. (a) and "secretary" for "commissioner" in the first sentence of subsec. (b) and in subsec. (c).

Amendments--1999 Subsec. (b): Rewrote the first sentence.

§ 20. Vermont Large Animal Veterinarian Educational Loan Repayment Fund.

  1. There is created a special fund to be known as the Vermont Large Animal Veterinarian Educational Loan Repayment Fund that shall be used for the purpose of ensuring a stable and adequate supply of large animal veterinarians in regions of the State as determined by the Secretary. The Fund shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purpose of this section. The money in the Fund shall be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury.
  2. The Fund shall consist of:
    1. sums appropriated or transferred to it from time to time by the General Assembly, the State Emergency Board, or the Joint Fiscal Committee when the General Assembly is not in session;
    2. interest earned from the investment of Fund balances; and
    3. sums from any other public or private source accepted for the benefit of the Fund.
  3. The Agency shall administer the Fund and make sums available for loan repayment awards. The Agency may contract with a Vermont nonprofit entity for administration of the program, which shall administer awards in compliance with the requirements of Section 108(f) of the Internal Revenue Code.

    Added 2009, No. 44 , § 21, eff. May 21, 2009; amended 2011, No. 52 , § 39, eff. May 27, 2011.

History

Reference in text. Section 108(f) of the Internal Revenue Code, referred to in subsec. (c), is codified as 26 U.S.C. § 108(f).

Revision note. Substituted "loan" in section title for "load".

Amendments--2011. Subsec. (a): Substituted "in regions of" for "throughout" following "veterinarians" and inserted "as determined by the Secretary" following "state".

§ 21. Authority to address public health hazards and food safety issues.

  1. As used in this section:
    1. "Adulterated" has the same meaning as in 18 V.S.A. § 4059 and shall include adulteration under rules adopted under 18 V.S.A. chapter 82.
    2. "Emergency" means any natural disaster, weather-related incident, health- or disease-related incident, resource shortage, plant pest outbreak, accident, or fire that poses a threat or may pose a threat, as determined by the Secretary, to health, safety, the environment, or property in Vermont.
    3. "Farm" means a site or parcel on which farming is conducted.
    4. "Farming" has the same meaning as in 10 V.S.A. § 6001(22) .
    5. "Public health hazard" means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. In determining whether a health hazard is public or private, the Secretary shall consider at least the following factors:
      1. the number of persons at risk;
      2. the characteristics of the person or persons at risk;
      3. the characteristics of the condition or agent that is the source of potential harm;
      4. the availability of private remedies;
      5. the geographical area and characteristics thereof where the condition or agent that is the source of the potential harm or the receptors exists; and
      6. the policy of the Agency of Agriculture, Food and Markets as established by rule or procedure.
    6. "Raw agricultural commodity" means any food in its raw or natural state, including all fruits or vegetables that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.
    7. "Secretary" means the Secretary of Agriculture, Food and Markets.
  2. The Secretary shall have the authority to:
    1. respond to and remediate incidences of mass animal death, agricultural structure fires, or other emergencies on a farm in order to prevent a public health hazard or protect the environment, including:
      1. Expending up to $25,000.00 in funding from the Agency of Agriculture, Food and Markets' budget to remediate the issue when there are no other financial resources available, and the Secretary has determined the expenditure is necessary for either public health or the environment.
      2. The Secretary may attempt to recover monies expended under subdivision (b)(1)(A) of this subsection from the responsible party;
    2. condemn, confiscate, or establish restrictions on the use, sale, or distribution of adulterated raw agricultural commodities or animal feed; and
    3. cooperate with the Department of Health and other State and federal agencies regarding:
      1. the prevention or remediation of the adulteration of raw agricultural commodities, food, or animal feed on farms; and
      2. application of the FDA Food Safety Modernization Act, Pub. L. No. 111-353, to farms, farm products, or value-added products produced in the State.

        Added 2013, No. 159 (Adj. Sess.), § 12, eff. May 28, 2014; amended 2017, No. 180 (Adj. Sess.), § 1, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 17, eff. May 30, 2018; 2019, No. 64 , § 15.

History

Amendments--2019. Subdivs. (a)(1) and (a)(4): Substituted "has the same meaning" for "shall have the same meaning".

Subdiv. (b)(1): Added "or protect the environment, including:" at the end of the first sentence, and added subdivs. (b)(1)(A) and (b)(1)(B).

Amendments--2017 (Adj. Sess.). Subdiv. (b)(3)(B): Act Nos. 180 and 194 substituted "Pub. L. No. 111-353," for "21 U.S.C. §§ 2201-2252".

CHAPTER 2. AGRICULTURAL LAND DEVELOPMENT RIGHTS ACQUISITION PROGRAM

Sec.

Cross References

Cross references. Acquisition of interests in land by public agencies generally, see 10 V.S.A. § 6301 et seq.

§ 31. Program established.

The Agricultural Land Development Rights Acquisition Program is established within the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall hire or contract with an agricultural land use planner to assist in developing and implementing the program.

Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in the first sentence and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the second sentence.

Amendments--1989 (Adj. Sess.) Substituted "department of agriculture, food and markets" for "department of agriculture".

§ 32. Duties of the Secretary of Agriculture, Food and Markets.

  1. The Secretary of Agriculture, Food and Markets shall develop by rule, with the advice and consent of the Housing and Conservation Board:
    1. a program for selecting and recommending to the Housing and Conservation Board agricultural land development rights suitable for acquisition by the State; and
    2. criteria to be used by the Board in reviewing the Secretary's recommendations for acquisition.
  2. The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated or identified in a land evaluation and site assessment system pursuant to 24 V.S.A. § 4345a(5)(E) for agricultural use under that chapter.  In a municipality without an approved plan, these restrictions shall not apply.
  3. The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.
  4. The Secretary shall report to the General Assembly no later than January 15, 1989, concerning the progress of the program.

    Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the section catchline and in the intro. par. of subsec. (a), substituted "secretary's" for "commissioner's" in subdiv. (a)(2), and "secretary" for "commissioner" in subsec. (d).

§ 33. Assessments.

After acquisition of development rights by the State, the agricultural landowner shall be taxed, under 32 V.S.A. chapter 123, upon the fair market value of the remaining rights or interests to which title is retained. The Department of Taxes and the municipality assessing the tax shall cooperate with the landowner in determining the fair market value of the remaining rights or interests.

Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988.

CHAPTER 3. STATISTICS

Sec.

§ 61. Information collection and confidentiality.

The Secretary may collect information on subjects within the jurisdiction of the Agency, including data obtained from questionnaires, surveys, physical samples, and laboratory analyses conducted by the Agency. Such information shall be available upon request to the public, provided that it is presented in a form which does not disclose the identity of individual persons, households, or businesses from whom the information was obtained, or whose characteristics, activities, or products the information is about.

Amended 1993, No. 125 (Adj. Sess.), § 1; 1995, No. 128 (Adj. Sess.), § 3; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4548. 1947, No. 202 , § 4520. P.L. § 4457. G.L. § 436. 1917, No. 254 , § 427. 1908, No. 11 , § 10. P.S. § 333. V.S. § 248. 1892, No. 7 , § 6.

Amendments--2003. Substituted "secretary" for "commissioner" preceding "may collect" and "agency" for "department" in the first sentence.

Amendments--1995 (Adj. Sess.) Section amended generally.

Amendments--1993 (Adj. Sess.) Inserted "in aggregated form and" preceding "under" and "or her" preceding "report" and added "or otherwise be made available to the public" thereafter in the second sentence, and added the third and fourth sentences.

§ 62. Repealed. 1977, No. 118 (Adj. Sess.), § 12, eff. Feb. 3, 1978.

History

Former § 62. Former § 62, relating to collection and abstracts of statistical information, was derived from 1955, No. 34 , § 1; V.S. 1947, § 4549; 1937, No. 86 , § 1; P.L. § 4477; 1927, No. 8 , § 1; 1919, No. 15 , § 2; G.L. § 455; 1917, No. 23 ; 1912, No. 46 , § 2.

§ 63. Compilation of abstracts; forms; expenses.

On or before July 1, the town clerk shall forward such abstracts to the Secretary of Agriculture, Food and Markets, who shall have the abstracts for the entire State compiled and shall make such information available for the newspapers and people of the State. The Secretary shall furnish listers and town clerks with suitable forms in triplicate for collecting such information and returning such abstracts. The expenses of the Secretary incurred under this section shall be paid from the monies annually available for the use of the Agency of Agriculture, Food and Markets.

Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. 1955, No. 34 , § 2. V.S. 1947, § 4550. P.L. § 4478. 1927, No. 8 , § 1. G.L. § 456. 1917, No. 58 . 1912, No. 46 , §§ 3, 4.

Editor's note. The "abstracts" referred to in this section were compiled pursuant to former § 62 of this title.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first sentence and substituted "secretary" for commissioner" in the second and third sentences.

Amendments--1989 (Adj. Sess.) Substituted "department of agriculture, food and markets" for "department of agriculture" in the third sentence.

CHAPTER 5. CENTRAL TESTING LABORATORY

Sec.

§ 121. Creation and purpose.

There is created within the Agency of Agriculture, Food and Markets a central testing laboratory for the purpose of providing agricultural, environmental, and other necessary testing services.

Amended 1981, No. 22 ; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 58 , § E.225.2; 2017, No. 65 , § 9, eff. June 8, 2017.

History

Source. 1953, No. 149 , § 1.

Amendments--2017. Deleted "and" and inserted a comma preceding "environmental" and inserted ", and other necessary" thereafter.

Amendments--2015. Substituted "providing agricultural and environmental testing services" for "assisting the Agency in the performance of the duties required of it by law" at the end of the sentence.

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" and "agency" for "department" within the section.

Amendments--1989 (Adj. Sess.) Substituted "department of agriculture, food and markets" for "department of agriculture".

Amendments--1981 Deleted "hereby" preceding "created" and "dairy" preceding "laboratory".

ANNOTATIONS

Cited. , 1954-56 Op. Atty. Gen. 34.

§ 122. Fees.

Notwithstanding 32 V.S.A. § 603 , the Agency shall establish fees for providing agricultural, environmental, and other necessary testing services at the request of private individuals and State agencies. The fees shall be reasonably related to the cost of providing the services. Fees collected under this chapter shall be credited to a special fund which shall be established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and which shall be available to the Agency to offset the cost of providing the services.

Added 1975, No. 220 (Adj. Sess.), § 23; amended 1999, No. 49 , § 104; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 58 , § E.225.3; 2017, No. 65 , § 9, eff. June 8, 2017.

History

Amendments--2017. Deleted "and" and inserted a comma preceding "environmental" and inserted ", and other necessary" thereafter in the first sentence.

Amendments--2015. Section amended generally.

Amendments--2003. Substituted "agency" for "department" in the first sentence.

Amendments--1999 Inserted "notwithstanding 32 V.S.A. § 603" at the beginning of the section.

§ 123. Regulated drugs.

  1. Except as provided in subsection (b) of this section, the provisions of 18 V.S.A. chapter 84 shall not apply to the Secretary or designee in the otherwise lawful performance of his or her official duties requiring the possession or control of regulated drugs.
  2. The central testing laboratory shall obtain a certificate of approval from the Department of Health pursuant to 18 V.S.A. § 4207 .
  3. As used in this section, "regulated drug" shall have the same meaning as in 18 V.S.A. § 4201 .

    Added 2017, No. 65 , § 9, eff. June 8, 2017.

PART 2 Product Grades, Standards, and Labeling

CHAPTER 21. GRADES AND STANDARDS FOR FARM PRODUCTS

Sec.

Cross References

Cross references. Labeling requirements for irradiated foods, see § 201 et seq. of this title.

Weights and measures, see 9 V.S.A. § 2631 et seq.

§ 171. Establishment of grades and standards.

The Secretary of Agriculture, Food and Markets may establish and adopt official grades and standards for such farm products as he or she may deem advisable, which are produced for sale in this State and, from time to time, may amend or modify such grades and standards.

Amended 1971, No. 153 (Adj. Sess.), eff. March 2, 1972; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4694. P.L. § 7693. 1927, No. 102 , § 1.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1971 (Adj. Sess.) Deleted "voluntary" following "official" and substituted "for sale in this state" for "within the state for the purpose of sale" preceding "and, from time".

§ 172. Notice and hearing.

Before establishing, amending, or modifying any such grades or standards, the Secretary shall hold properly advertised public hearings in such places within the State as he or she shall deem proper. Notice of such hearing shall specify the date and place of each hearing and that it is to be held for the purpose of obtaining information relative to establishing grades or standards for farm products, if found advisable.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4695. P.L. § 7694. 1927, No. 102 , § 1.

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

§ 173. Designation of brands, labels, or trademarks.

The Secretary may determine or design brands, labels, or trademarks for identifying farm products packed in accordance with official grades and standards so established and may cause to be printed such brands, labels, or trademarks and may distribute the same at a reasonable price. A written application to the Secretary requesting permission to use such brands, labels, or trademarks and a written acceptance thereto by the Secretary or a duly authorized assistant shall be a condition precedent to the use of such brands, labels, or trademarks.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4696. P.L. § 7695. 1927, No. 102 , § 2.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 174. Publication of grades, standards, brands, labels, or trademarks.

Upon the establishment of such grades or standards and upon the determination of brands, labels, or trademarks, the Secretary shall give them due publicity and distribute information relative to their use.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4698. P.L. § 7697. 1927, No. 102 , § 3.

Amendments--2003. Substituted "secretary" for "commissioner" preceding "shall give".

ANNOTATIONS

1. Publication.

No publication is required until both the grades or standards have been established and the brands, labels or trademarks determined. 1930-32 Op. Atty. Gen. 49.

§ 175. Revocation of right to use brands, labels, or trademarks.

The Secretary may revoke or suspend the right to use such brands, labels, or trademarks whenever it appears on investigation that they have been used to identify farm products not in fact conforming to the grade indicated.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4697. P.L. § 7696. 1927, No. 102 , § 2.

Amendments--2003. Substituted "secretary" for "commissioner" preceding "may revoke".

§ 176. Inspectors and certificates of inspection.

The Secretary may employ inspectors to inspect farm products marked, branded, or labeled in accordance with official grades or standards established and promulgated by the Secretary for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Certificates issued in pursuance of such inspection and executed by the inspector 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 the Secretary may require. Such certificates 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 as aforesaid to be stated therein.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4700. P.L. § 7699. 1933, No. 157 , § 7314. 1927, No. 102 , § 5.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

ANNOTATIONS

1. Authority of inspector.

This section gives inspector the authority to inspect only such farm products as are marked, branded or labeled in accordance with official grades or standards established and promulgated by the commissioner. 1930-32 Op. Atty. Gen. 49.

§ 177. Access to buildings or places; examination.

The Secretary, in person or by deputy, shall have free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products marked, branded, or labeled in accordance with official grades established and promulgated by the Secretary are being marketed or held for commercial purposes. He or she shall also have power, in person or by deputy, to open any bags, crates, or other containers containing such farm products and examine the contents thereof and, upon tendering the market price, may take samples therefrom.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4702. P.L. § 7701. 1929, No. 111 , § 1. 1927, No. 102 , § 7.

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

§ 178. Unlawful acts; penalties.

  1. After notice of the establishment of grades or standards and the determination of brands, labels, or trademarks, it shall be unlawful to use a brand, label, or trademark to identify farm products as being of a grade established as aforesaid before a permit is granted or after the revocation of the right to use such brand, label, or trademark by the Secretary.  For the purpose of further protecting the grades as officially established and adopted by him or her, or any grades established under an act of Congress by the U.S. Department of Agriculture on the same products, it shall be unlawful to use the officially designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such products fully meet the requirements of the official grade indicated.
  2. When, in the opinion of the Secretary or his or her representative, it is believed that any lot or lots of such products so identified, advertised, designated, or described may not be of the grade indicated, he or she shall cause inspections of such products to be made for the purpose of determining the actual grade thereof.  Such inspections shall be made by regularly appointed inspectors and in such manner as is provided in this chapter.
  3. A person violating a provision of this section shall be fined not more than $50.00 for a first offense and, for each subsequent offense, not more than $200.00.  A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not less than $10.00 nor more than $100.00.

    Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4699. 1937, No. 199 , § 1. P.L. § 7698. 1933, No. 138 . 1933, No. 157 , § 7313. 1927, No. 102 , § 4.

Revision note. Undesignated paragraphs were designated as subsecs. (a)-(c) to conform section to V.S.A. style.

Amendments--2003. Substituted "secretary" for "commissioner" in subsecs. (a) - (c).

ANNOTATIONS

Analysis

1. Violations.

Upon (1) an establishment of grade or standard, (2) a determination of the brands, labels or trademarks, and (3) a publication, it then becomes unlawful to use a brand, label or trademark without the required permit. 1930-32 Op. Atty. Gen. 49.

2. Removal of products from trade.

This section gives the Secretary of Agriculture authority to require the packers of maple syrup to remove such packages from the trade when their contents are found on inspection to be below the grade indicated on the quality label. 1936-38 Op. Atty. Gen. 88.

§ 179. Regulations; fees.

  1. The Secretary may adopt rules and regulations for carrying out the purposes of this chapter.
  2. The Secretary may charge fees for inspection of farm and agricultural commodities or storage facilities and for the establishment of reasonable tolerances incident to proper grading of agricultural products.  Any inspection fees charged pursuant to this section shall be sufficient to recover the Agency's costs of inspection, including payment for the inspector's time, and shall be retained by the Agency to reimburse these expenses.  In addition, the Secretary may accept fees collected by or for producer organizations for promotional activities.  Such fees shall be retained by the Secretary and segregated into separate producer accounts for use to promote agricultural products.

    Amended 1975, No. 217 (Adj. Sess.), § 3; 1989, No. 257 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4701. P.L. § 7700. 1927, No. 102 , § 6. 1925, No. 102 , § 7.

2005. In subsec. (a), substituted "adopt" for "prescribe" to more accurately indicate the rule-making process.

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner".

Subsec. (b): Substituted "secretary" for "commissioner" wherever it appeared throughout the section and substituted "agency" for "department" in the second sentence.

Amendments--1989 (Adj. Sess.) Amended section generally.

Amendments--1975 (Adj. Sess.). Rewrote the second sentence and added the third and fourth sentences.

§ 180. Additional authority.

The Secretary shall have authority as follows:

  1. to collect and diffuse timely information relative to the seasonal supply, demand, and prevailing price of farm products, both wholesale and retail, the movement of farm products through commercial channels, and the quantity and conditions of farm products in dry and cold storage;
  2. to assist and advise in the organization and maintenance of producers' and consumers' cooperative selling and buying associations; and
  3. to cooperate with various state and federal agencies having to do with farm products.

    Amended 2003, No. 42 , § 2, May 27, 2003.

History

Source. V.S. 1947, § 4703. P.L. § 7702. 1929, No. 111 , § 1. 1927, No. 102 , § 7.

Amendments--2003. Substituted "secretary" for "commissioner" in the introductory paragraph of the section.

§ 181. Repealed. 2003, No. 42, § 2, eff. May 27, 2003.

History

Former § 181. Former § 181, relating to design of labels for organic and certified organic products; organic farm advisory board, was derived from 1989, No. 228 (Adj. Sess.), § 1.

CHAPTER 22. IRRADIATION OF FOODS

Sec.

§ 201. Labeling of irradiated foods.

All fruits, vegetables, meats, poultry, eggs, dairy products, and other natural and processed products offered for sale at retail or wholesale in Vermont for human or animal consumption which indicate pursuant to federal law that they have been subjected to an irradiation process shall be labeled "Treated with radiation" or "Treated by irradiation."

Added 1985, No. 247 (Adj. Sess.).

§ 202. Penalty.

Each day the provisions of this chapter are violated shall constitute a separate civil offense. Anyone found in violation of this chapter shall be fined not more than $500.00.

Added 1985, No. 247 (Adj. Sess.).

CHAPTER 23. APPLES

Sec.

Cross References

Cross references. Apple marketing order, see § 250 et seq. of this title.

§ 231. Definition.

The word "person," as used in this chapter, shall include corporations, companies, societies, and associations. The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within the scope of his or her employment or office, shall also be deemed to be the act, omission, or failure of such corporation, company, society, or association.

History

Source. V.S. 1947, § 4705. 1937, No. 200 , § 2.

§ 232. Application of chapter.

The provisions of this chapter shall apply to all packages, containers, or receptacles in which apples are packed, distributed, sold, offered, or exposed for sale except as herein provided.

History

Source. V.S. 1947, § 4704. 1937, No. 200 , § 1.

§ 233. Establishment of grades.

The Secretary of Agriculture, Food and Markets, after hearings advertised as provided in section 172 of this title, shall establish and adopt grades on apples and may amend or modify such grades.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4706. 1937, No. 200 , § 3.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the section.

ANNOTATIONS

1. Hearings.

Commissioner may not amend or modify apple grades without the hearing prescribed by section 172 of this title. 1950-52 Op. Atty. Gen. 66.

§ 234. Marks on containers.

Every package, container, or receptacle of apples which is packed, sold, distributed, offered, or exposed for sale or distribution in the State by any person shall be plainly and conspicuously marked with the name and address of the packer or person by whose authority the apples were packed, the true name of the variety, the grade, the minimum size or count of apples contained therein, and the name of the state where the apples were grown. Any person who states or marks the price in connection with selling, displaying, or advertising apples shall also at the same time and place and by the same method state or mark in a plainly conspicuous manner the true variety, grade, and size offered at that price.

History

Source. 1953, No. 165 , § 1. V.S. 1947, § 4707. 1937, No. 200 , § 4.

Cross References

Cross references. Labeling of irradiated foods, see § 201 of this title.

§ 235. Exemptions as to markings.

On containers or display racks from which apples are sold in retail quantities, the variety, grade, and minimum size shall be clearly indicated, but the provision of section 234 of this title as to markings of name and address of the packer or person by whose authority the apples were packed and the state where grown shall not apply to apples in such containers or display racks. Nothing in this chapter shall be construed to prevent a grower from selling apples on his or her premises in bulk or in open packages without such marking.

History

Source. V.S. 1947, § 4708. 1937, No. 200 , § 5.

§ 236. Marks on containers as to weight, measure, or count.

The provisions of 9 V.S.A. chapter 73 shall apply to this chapter.

History

Source. V.S. 1947, § 4713. 1937, No. 200 , § 10.

Revision note. Reference to "chapter 77 of Title 9" changed to "chapter 73 of Title 9" in view of repeal of chapter 77 and enactment of chapter 73 covering the subject matter.

§ 237. Notice of violation.

When the Secretary becomes cognizant of a violation of a provision of this chapter, he or she may cause notice of such fact to be given to the person concerned and to the State's Attorney of the county in which the offense was committed.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4710. 1937, No. 200 , § 7.

Amendments--2003. Substituted "secretary" for "commissioner" preceding "becomes".

§ 238. Rules.

The Secretary of Agriculture, Food and Markets shall make and publish uniform rules for carrying out the provisions of this chapter.

Amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 14.

History

Source. V.S. 1947, § 4709. 1937, No. 200 , § 6.

Amendments--2017 (Adj. Sess.). Section heading: Substituted "Rules" for "Regulations".

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Cross References

Cross references. Procedure for adoption of Administrative rules, see 3 V.S.A. § 800 et seq.

§ 239. Penalty.

Any person who violates any provision of this chapter shall be fined not more than $25.00 nor less than $10.00 for the first offense and not more than $50.00 nor less than $10.00 for each subsequent offense. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not more than $50.00 nor less than $10.00.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 5, eff. April 9, 1974; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4711. 1937, No. 200 , § 8.

Amendments--2003. Substituted "secretary" for "commissioner" in the second sentence.

Amendments--1973 (Adj. Sess.). Deleted the third sentence.

Amendments--1965. Substituted "district" for "municipal" preceding "courts" in the third sentence.

CHAPTER 24. AGRICULTURAL MARKETING RULES

History

Amendments--1993 Act No. 73, § 1, eff. June 10, 1993, rewrote chapter heading.

Cross References

Cross references. Apples generally, see § 231 of seq. of this title.

Subchapter 1. General Provisions

History

Amendments--1993 Act No. 73, § 1, eff. June 10, 1993, designated §§ 250 and 251 of this chapter as subchapter 1 and added the subchapter heading.

§ 250. Legislative declaration.

It is hereby declared that the inability of individual producers to develop new and larger markets for agricultural commodities results in an unreasonable and unnecessary economic waste of the agricultural wealth of this State. These conditions and the accompanying waste jeopardize the future continued production of adequate food supplies for the people of this and other states. These conditions vitally concern the health, safety, and general welfare of the people in this State. It is therefore declared the legislative purpose and the policy of this State:

  1. to enable agricultural producers of this State, with the aid of the State, to more effectively correlate the marketing of their agricultural commodities with market demands;
  2. to establish orderly, efficient, and equitable marketing of agricultural commodities;
  3. to provide methods and means for the development of new and larger markets for agricultural commodities produced in Vermont;
  4. to eliminate or reduce the economic waste in the marketing of agricultural commodities; and
  5. to eliminate unjust impairment of the purchasing power of the agricultural producers of this State.

    Added 1983, No. 250 (Adj. Sess.); amended 1993, No. 73 , § 1, eff. June 10, 1993.

History

Revision note. Substituted "results" for "result" following "commodities" in the first sentence of the introductory paragraph to correct a grammatical error.

Amendments--1993 Deleted "marketing of agricultural commodities in this state, in excess of reasonable and normal market demands, disorderly marketing of commodities, improper preparation for market and lack of uniform grading and classification of agricultural commodities, unfair methods of competition in the marketing of commodities and the" preceding "inability" in the first sentence of the introductory paragraph, deleted former subdiv. (3) and redesignated former subdivs. (4)-(6) as subdivs. (3)-(5), respectively.

§ 251. Definitions.

For the purposes of this chapter:

  1. "Agricultural commodity" means any agricultural commodity, including: apples, horticultural crops, fruits and vegetables, poultry, maple syrup, Christmas trees, livestock, and honey, either in their natural state or as processed by the producer. The term does not include milk, timber, or timber products, other than Christmas trees.
  2. "Producer" means any individual, partnership, corporation, or other business entity engaged within this State in the business of producing an agricultural commodity or causing an agricultural commodity to be produced for any market. The term shall only apply to persons who are not exempt under a marketing rule which gives special consideration to exemptions for small producers.
  3. "Handler" means any person engaged in the operation of packing, grading, selling, offering for sale, or marketing any marketable agricultural commodities, who as owner, agent, or otherwise ships or causes an agricultural commodity to be shipped.
  4. "Processor" means any person engaged within this State in processing, or in the operation of receiving, grading, packing, canning, freezing, dehydrating, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other way preserving or changing the form of agricultural commodities for the purpose of marketing this commodity, but shall not include a person engaged in manufacturing a different product from an agricultural commodity.
  5. "Distributor" means any person engaged within this State in selling, offering for sale, marketing, or distributing agricultural commodities which he or she has purchased or acquired from a producer or other person or which he or she is marketing on behalf of a producer or other person, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer, except a retailer who purchases or acquires from, or handles on behalf of, any producer or other person an agricultural commodity subject to regulation by the marketing agreement or order covering the commodity.
  6. "Secretary" means the Secretary of Agriculture, Food and Markets or his or her designee.
  7. "Marketing rule" means a rule issued by the Board or commission pursuant to this chapter prescribing rules governing the marketing for processing, the distribution, the sale of, or the handling in any manner of any agricultural commodity sold in this State during any specified period.
  8. "Wholesale" means the act of selling to retail vendors, commission merchants, producers, wholesalers, handlers, processors, distributors, institutional users, or commercial users mainly for resale or business use.
  9. "Board" means the Vermont Apple Marketing Board established by section 252 of this title.
  10. "Bushel" means 40 pounds.
  11. "Commodity marketing board" or "marketing board" means any agricultural commodity marketing board established under section 253a of this title.

    Added 1983, No. 250 (Adj. Sess.); amended 1985, No. 41 , § 1, eff. May 11, 1985; 1993, No. 73 , § 1, eff. June 10, 1993; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Reference in text. Section 252 of this title, referenced in subdiv. (9) of this section, was repealed by 2013, No. 159 (Adj. Sess.), § 1.

2017. Subdivision (7) references rules issues by a "commission" pursuant to the chapter, but no commission is established or authorized under the chapter. The term "commission" in subdivision (7) may refer to agricultural commissions established elsewhere in statute.

Amendments--2003. Substituted "secretary" for "commissioner" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subdiv. (6).

Amendments--1993 Rewrote subdivs. (1) and (2), substituted "agricultural commodities" for "apples" following "marketable" in subdiv. (3), following "form of" in subdiv. (4), and following "distributing" in subdiv. (5) and inserted "or she" following "he" in two places in that subdiv., deleted former subdiv. (7), redesignated former subdiv. (8) as subdiv. (7) and substituted "rule" for "order" preceding "means" and inserted "a rule" thereafter and "or Commission" following "Board" in that subdiv., redesignated former subdivs. (9)-(11) as subdivs. (8)-(10), respectively, and added a new subdiv. (11).

Amendments--1985 Subdiv. (2): Substituted "individual, partnership, corporation or other business entity" for "person" preceding "engaged" in the first sentence.

Subdiv. (6): Added "or his or her designee" following "agriculture".

Subchapter 2. Vermont Apple Marketing Board

History

Amendments--1993 Act No. 73, § 1, eff. June 10, 1993, designated §§ 252 and 253 of this chapter as subchapter 2 and added the subchapter heading.

Unexpended funds of Apple Marketing Board. 2013, No. 159 (Adj. Sess.), § 2 provides: "Notwithstanding the requirements of 6 V.S.A. § 256, any cash balance in the Apple Marketing Board Special Fund shall be appropriated to the Secretary of Agriculture, Food and Markets, who shall issue the funds to the Vermont Tree Fruit Growers Association for the purposes of promoting and marketing the State's fruit tree sector. Once the cash balance of the Apple Marketing Board Special Fund is appropriated under this section, the Apple Marketing Board Special Fund shall be closed."

§§ 252, 253. Repealed. 2013, No. 159 (Adj. Sess.), § 1.

History

Former §§ 252, 253. Former § 252, relating to the Vermont Apple Marketing Board, was derived from 1983, No. 250 (Adj. Sess.) and amended by 1993, No. 73 , § 1 and 2003, No. 42 , § 2.

Former § 253, relating to the powers and duties of the Vermont Apple Marketing Board, was derived from 1983, No. 250 (Adj. Sess.) and amended by 1985, No. 41 , § 2; 1989, No. 256 (Adj. Sess.), § 10(a); 1993, No. 73 , § 1 and 2003, No. 42 , § 2.

Subchapter 3. Agricultural Commodity Marketing Boards

§ 253a. Vermont agricultural commodity marketing boards.

  1. The Secretary may at his or her initiative, or upon receipt of a petition from producers of a particular agricultural commodity, propose a marketing rule. Any petition shall be signed by at least 100 of the producers who would be affected by the rule, or at least 25 percent of all the producers of the commodity in question, whichever is less.
  2. After determining that a valid petition has been filed, the Secretary shall prepare and mail a proposed marketing rule. After an opportunity for a hearing, the Secretary shall conduct a referendum of the affected producers. The marketing rule shall be approved by at least 51 percent of the eligible producers who participate in the referendum before it may be promulgated.
  3. Any marketing rule established under this section shall create a commodity marketing board, to be appointed by the Secretary. This board shall be made up of persons nominated by producers of the affected agricultural commodity and a representative of the Secretary. The rule shall establish the number of members of the commodity marketing board, not to exceed seven, and shall provide for their terms of office. Commission members shall be reimbursed in the same manner as members of the board.
  4. Any marketing rule established under this section may contain all the same terms and conditions as a rule established under section 253 of this title. Any commodity marketing board established under this section shall have all the same powers and duties as the Apple Marketing Board, with respect to the affected commodity.
  5. Once a marketing rule has been established, it can be amended or terminated at any time by the applicable commodity marketing board after approval by 51 percent of the voting eligible producers. In addition, 25 percent or more of the eligible producers may petition to have a marketing rule amended or terminated, after approval of not less than 51 percent of producers participating in a referendum vote.

    Added 1993, No. 73 , § 1, eff. June 10, 1993; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Subchapter 4. Administration

§ 254. Authority of the Secretary.

  1. The Secretary shall conduct any referenda held under this chapter and shall be the final arbiter of referenda results. He or she shall be responsible for the administration of any marketing rules, provided that funding is available.
  2. The Secretary, with the prior approval of the Board or commission at the time of the first filing under 3 V.S.A. chapter 25, may make and adopt such rules as may be necessary to effectuate the provisions and intent of this chapter and to enforce the provision of any marketing rule, all of which shall have the effect of law. No other approval of the Board or commission shall be necessary with respect to the adoption of rules. Rulemaking shall be commenced only after approval in a referendum by the affected producers.
  3. The Secretary shall prepare a budget, subject to the approval of the applicable board or commission, for the administration and operating costs and expenses, including advertising and sales promotion or other programs and research when required in any marketing rule, and to provide for the collection of necessary fees to defray costs and expenses. The budget shall provide that the Agency of Agriculture, Food and Markets be reimbursed for its actual costs of administering the program, but the reimbursement shall not exceed five percent of the total funds collected under the marketing rule.
  4. The Secretary may institute an action as may appear necessary to enforce compliance with any provision of this chapter. The application may be made to the Superior Court in the county in which the producer resides or has his or her place of business.
  5. The Secretary may bring a civil action against any producer who is delinquent in making payments required by a marketing rule. In connection with the civil action, the Secretary may seek and enforce a writ of attachment against property of the delinquent producer.
  6. All information required by a marketing order shall be provided in an accurate and timely manner. Any person who knowingly provides false or incomplete information to the Apple Marketing Board or to a commodity marketing board shall be subject to the provisions of 13 V.S.A. § 3016 , regardless of whether there was an intent to defraud.
  7. The Secretary may inspect the records of any person who produces a commodity that is the subject of a marketing rule in order to determine whether that person is subject to the marketing rule. He or she may also audit the financial records of producers subject to a marketing rule. The Secretary shall have the authority to issue subpoenas to producers, handlers, processors, and distributors to gain information necessary to carry out the purposes of a marketing order.
  8. All production data and financial information relating to an individual producer shall be kept confidential by the Secretary and the Apple Marketing Board, or commodity marketing board, except for use in a collection action and for other law enforcement purposes. Compilations of data relative to groups of individuals may be made public.

    Added 1983, No. 250 (Adj. Sess.); amended 1993, No. 73 , § 1, eff. June 10, 1993; 2003, No. 42 , § 2, eff. May 27, 2003.

History

2017 Subsecs. (b) and (c) reference the prior approval of a commission, but no commission is established or authorized under the chapter. The term "commission" in these subsecs. may refer to agricultural commissions established elsewhere in statute.

2005. In subsec. (b), substituted "adopt" for "promulgate" and "adoption" for "promulgation" to more accurately indicate the rule-making process.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section and substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in subsec. (c).

Amendments--1993 Section amended generally.

§ 255. Eligibility of producers; conduct of referendum.

  1. Only persons who verify pursuant to this section that they are producers shall be eligible to vote in a referendum. The Secretary shall prepare a list of all persons believed to be producers. At least 28 days prior to the referendum, he or she shall mail to each person on the list a notice of the referendum, and a statement on which each person may verify that he or she is a producer within the meaning of this chapter. The Secretary shall also cause to be published the notice and verification statement in two newspapers of general circulation throughout the State on the same day for two successive weeks, the last date of publication to be at least 28 days prior to the date of the referendum. The notice shall also state that no producer shall be eligible to vote unless he or she returns the verification statement to the Secretary postmarked at least 10 days prior to the date of the referendum. A referendum shall not be considered invalid because a producer is unknown to the Secretary or does not receive notification.
  2. Upon receipt of signed verifications, the Secretary shall forthwith mail ballots to all producers who have verified their eligibility to vote.  Those producers shall mark their ballots and return them to the Secretary either by hand no later than 10 days after the referendum date or by mail postmarked no later than 10 days after the referendum date.
  3. The Secretary shall count the ballots and release the results to the public.
  4. The results of any referendum shall bind all producers regardless of whether they voted, or were eligible to vote, in the referendum.  The results shall also bind persons who become producers thereafter.
  5. Prior to the issuance, amendment, or termination of any marketing rule, the Secretary may require the applicant to deposit with the Agency an amount determined by the Secretary to defray the expense of conducting the referendum. The funds shall be managed as provided by section 256 of this title. If the proposed market rule action is approved in a referendum, the Secretary shall return any unexpended monies collected to the applicant.

    Added 1985, No. 41 , § 3, eff. May 11, 1985; amended 1993, No. 73 , § 1, eff. June 10, 1993; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Subsec. (e): Substituted "agency" for "department".

Amendments--1993 Subsec. (a): Added the sixth sentence.

Subsec. (e): Added.

§ 256. Marketing Rule Fund.

  1. A special administrative fund, to be known as the Marketing Rule Fund, is created for the purpose of holding monies collected by the Secretary under this chapter. The fund shall be organized and managed in accordance with 32 V.S.A. chapter 7, subchapter 5 (special funds). Notwithstanding 32 V.S.A. § 588(3) , interest earned by the Fund shall be credited to and retained by the Fund and annually carried forward as part of the Fund balance.
  2. Any monies remaining in the Fund at the close of a marketing season may, at the discretion of the applicable board, be refunded on a pro rata basis to all producers from whom the money was collected.
  3. Upon the termination of any marketing rule, the Secretary shall refund on a pro rata basis to all applicable producers any monies remaining and not required to defray the cost of operating the marketing rule, except when the cost of administering the refund would exceed the monies available.

    Added 1993, No. 73 , § 1, eff. June 10, 1993; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" in the first sentence.

Subsec. (c): Substituted "secretary" for "commissioner" preceding "shall refund".

CHAPTER 25. COMMERCIAL FEEDS

Sec.

§§ 291-301. Repealed. 1985, No. 126 (Adj. Sess.), § 3.

History

Former §§ 291-301. Former § 291, relating to definition, was derived from 1955, No. 88 , § 3 and amended by 1963, No. 73 , § 1. The subject matter is now covered by § 323 of this title.

Former § 292, relating to administration of the chapter, was derived from 1955, No. 88 , § 2. The subject matter is now covered by § 322 of this title.

Former § 293, relating to registration, was derived from 1955, No. 88 , § 4 and amended by 1963, No. 73 , § 2; 1971, No. 111 , § 1. The subject matter is now covered by § 324 of this title.

Former § 294, relating to labeling, was derived from 1955, No. 88 , § 5 and amended by 1963, No. 73 , § 3. The subject matter is now covered by § 325 of this title.

Former § 295, relating to adulteration, was derived from 1955, No. 88 , § 6. The subject matter is now covered by § 327 of this title.

Former § 296, relating to misbranding, was derived from 1955, No. 88 , § 7. The subject matter is now covered by § 326 of this title.

Former § 297, relating to inspection, sampling and analysis, was derived from 1957, No. 35 ; 1955, No. 88 , § 8. The subject matter is now covered by § 330 of this title.

Former § 298, relating to enforcement and regulations, was derived from 1955, No. 88 , § 9. The subject matter is now covered by § 329 of this title.

Former § 299, relating to withdrawal from sale orders, condemnation and confiscation, was derived from 1955, No. 88 , § 10. The subject matter is now covered by § 332 of this title.

Former § 300, relating to publications, was derived from 1955, No. 88 , § 12. The subject matter is now covered by § 335 of this title.

Former § 301, relating to penalties, was derived from 1955, No. 88 , § 11. The subject matter is now covered by § 333 of this title.

CHAPTER 26. COMMERCIAL FEEDS

Sec.

Annotations From Former §§ 291-301

1. Purpose of chapter .

The purpose of this chapter was to ensure advertised quality and to prevent the distribution of adulterated materials as commercial feed. 1958-60 Op. Atty. Gen. 240.

§ 321. Title.

This chapter shall be known as the "Vermont Commercial Feed Law of 1986."

Added 1985, No. 126 (Adj. Sess.), § 2.

§ 322. Enforcing official.

This chapter shall be administered by the Secretary of Agriculture, Food and Markets or his or her designee, hereafter referred to as the "Secretary."

Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" and "secretary" for "commissioner" in the section.

§ 323. Definitions.

When used in this chapter:

  1. "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed or a distributor or registrant and distinguishing it from that of others.
  2. "Commercial feed" means all materials except whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of subsection 327(a) of this title, which are distributed for use as feed or for mixing in feed.  The Secretary by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds, or substances are not intermixed or mixed with other materials, and are not adulterated within the meaning of subsection 327(a) of this title.
  3. "Customer-formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser.
  4. "Distribute" means to offer for sale, sell, exchange, or barter commercial feed or to supply, furnish, or otherwise provide commercial feed.
  5. "Distributor" means any person who distributes commercial feeds.
  6. "Drug" means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in domestic animals other than humans and substances other than feed intended to affect the structure or any function of the animal body.
  7. "Feed ingredient" means each of the constituent materials making up a commercial feed.
  8. "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.
  9. "Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers, or the wrapper accompanying the commercial feed, or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of the feed.
  10. "Manufacture" means to grind, mix, or blend, or further process a commercial feed for distribution.
  11. "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
  12. "Official sample" means a sample of feed taken by the Secretary in accordance with the provisions of subdivision 330(3) of this title.
  13. "Percent" or "percentages" means percentages by weights.
  14. "Permitted analytical variances" means those allowances for the inherent variability in sampling and laboratory analysis.
  15. "Pet" means any domesticated animal normally maintained in or near the household of the owner.
  16. "Pet food" means any commercial feed prepared and distributed for consumption by pets.
  17. "Product" means the name of the commercial feed which identifies it as to kind, class, or specific use.
  18. "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank.
  19. "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.
  20. "Ton" means a net weight of 2,000 pounds avoirdupois.

    Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subdiv. (2): Substituted "secretary" for "commissioner" in the second sentence.

Subdiv. (12): Substituted "secretary" for "commissioner".

Annotations From Former § 291

1. Commercial feed.

Undiluted drugs added to other materials and fed to animals came within the definition of commercial feed in this section. 1958-60 Op. Atty. Gen. 240.

§ 324. Registration and fees.

  1. No person shall manufacture a commercial feed in this State unless that person has first filed with the Vermont Agency of Agriculture, Food and Markets, in a form and manner to be prescribed by rules by the Secretary:
    1. the name of the manufacturer;
    2. the manufacturer's place of business;
    3. the location of each manufacturing facility; and
    4. any other information that the Secretary considers to be necessary.
  2. A person shall not distribute in this State a commercial feed that has not been registered pursuant to the provisions of this chapter. Application shall be in a form and manner to be prescribed by rule of the Secretary. The application for registration of a commercial feed shall be accompanied by a registration fee of $105.00 per product. The registration fees, along with any surcharges collected under subsection (c) of this section, shall be deposited in the special fund created by subsection 364(e) of this title. Funds deposited in this account shall be restricted to implementing and administering the provisions of this title and any other provisions of the law relating to fertilizer, lime, or seeds. If the Secretary so requests, the application for registration shall be accompanied by a label or other printed matter describing the product.
  3. No person shall distribute in this State any feed required to be registered under this chapter upon which the Secretary has placed a withdrawal from distribution order because of nonregistration.  A surcharge of $10.00, in addition to the registration fee required by subsection (b) of this section, shall accompany the application for registration of each product upon which a withdrawal from distribution order has been placed for reason of nonregistration, and must be received before removal of the withdrawal from distribution order.
  4. No person shall distribute a commercial feed product in the State that is labeled as bait or feed for white-tailed deer.

    Added 1985, No. 126 (Adj. Sess.), § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan 1, 1991; 1999, No. 49 , § 105; 2001, No. 143 (Adj. Sess.), § 36, eff. June 21, 2002; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 72 , § 19; 2009, No. 134 (Adj. Sess.), § 10; 2013, No. 72 , § 16; 2015, No. 149 (Adj. Sess.), § 3; 2019, No. 129 (Adj. Sess.), § 1.

History

Amendments--2019 (Adj. Sess.). Subdiv. (a)(4): Substituted "that" for "which".

Subsec. (d): Added.

Amendments--2015 (Adj. Sess.). Subsec. (b): Substituted "$105.00" for "$85.00" preceding "per product".

Amendments--2013. Subsec. (b): Substituted "A" for "No" and added "not" following "shall" in the first sentence, and substituted "$85.00" for "$75.00" in the second sentence.

Amendments--2009 (Adj. Sess.) Subsec. (b): Substituted "$75.00" for "$70.00" in the third sentence.

Amendments--2005 Subsec. (b): Substituted "that has not been" for "which has not been" in the first sentence, "$70.00" for "$50.00" in the third sentence, and "provisions of this title" for "provisions of this chapter" and made minor changes in punctuation in the fifth sentence.

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" and substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--2001 (Adj. Sess.) Subsec. (b): Deleted "unless sold only in containers of eight ounces or less, in which case the fee shall be $35.00" in the third sentence and substituted "subsection" for "section" preceding "364(e)" in the fourth sentence.

Amendments--1999 Subsec. (b): Substituted "the special fund created by section 364(e) of this title" for "a revolving account" at the end of the fourth sentence.

Amendments--1989 (Adj. Sess.) Subsec. (a): Substituted "department of agriculture, food and markets" for "department of agriculture" in the introductory paragraph.

Annotations From Former § 293

1. Ingredients and mixed feeds.

Feeding ingredients, such as mineral mixtures, feeding cane molasses, vitamin mixtures and drug pre-mixes, and mixed feeds, such as canned dog and cat food, wild bird food and miscellaneous pet foods, had to be registered. 1956-58 Op. Atty. Gen. 257.

2. Rules.

A proposal which was contrary to the provisions of this section could not properly be adopted through the rule-making power of section 298 of this title. 1968-70 Op. Atty. Gen. 243.

§ 325. Labeling.

  1. A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information:
    1. the net weight;
    2. the product name and the brand name, if any, under which the commercial feed is distributed;
    3. the guaranteed analysis as required by rule in section 329 of this title;
    4. the common, usual name or collective term of each ingredient used in the manufacture of the commercial feed;
    5. the name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
    6. adequate directions for use for all commercial feeds containing drugs and for such other feeds as the Secretary may require by rule as necessary for their safe and effective use; and
    7. precautionary statements required to assure the safe and effective use of the commercial feed.
  2. Customer-formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
    1. name and address of the manufacturer;
    2. name and address of the purchaser;
    3. date of delivery;
    4. the name of each commercial feed and each other ingredient used in the mixture;
    5. adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the Secretary may require by rule to assure their safe and effective use;
    6. the direction for use and precautionary statements;
    7. when a drug-containing product is used:
      1. the purpose of the medication or a claim statement; and
      2. the established name of each active drug ingredient and the level of each drug used in the final mixture; and
    8. the guaranteed analysis as required by rule pursuant to section 329 of this title.
  3. For purposes of labeling customer-formula feeds, the guaranteed analysis is not required when:
    1. one or more of the ingredients are provided to the manufacturer by the final purchaser; or
    2. the manufacturer uses a guaranteed analysis provided by the final purchaser as part of the specific instructions for blending a customer-formula feed.

      Added 1985, No. 126 (Adj. Sess.), § 2; amended 1993, No. 13 , §§ 1, 2; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subdiv. (a)(6): Substituted "secretary" for "commissioner".

Subdiv. (b)(5): Substituted "secretary" for "commissioner".

Amendments--1993 Subsec. (b): Rewrote subdiv. (4), deleted "and" following "statements" in subdiv. (6), made a minor change in punctuation and added "and" following "mixture" in subdiv. (7)(B), and added subdiv. (8).

Subsec. (c): Added.

§ 326. Misbranding.

A commercial feed shall be deemed to be misbranded if:

  1. its labeling is false or misleading in any particular;
  2. it is distributed under the name of another commercial feed;
  3. it is not labeled as required in section 325 of this title;
  4. it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule of the Commissioner; or
  5. information required to appear on the label in a conspicuous manner cannot be easily identified or understood under customary conditions of purchase and use.

    Added 1985, No. 126 (Adj. Sess.), § 2.

History

Revision note. In subdiv. (5), substituted "conspicuous" for "conspicuousness" to correct a grammatical error.

Cross References

Cross references. Withdrawal from distribution or confiscation, see § 332 of this title.

§ 327. Adulteration.

  1. A commercial feed including whole seeds shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, the commercial feed shall not be considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health.
  2. Any other commercial feed shall be deemed to be adulterated if:
    1. any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;
    2. its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
    3. it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice and rules promulgated by the Secretary to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess; or
    4. it contains viable weed seeds in amounts exceeding the limits that the Secretary shall establish by rule.

      Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subdivs. (b)(3) and (4): Substituted "secretary" for "commissioner".

Cross References

Cross references. Withdrawal from distribution or confiscation, see § 332 of this title.

§ 328. Tonnage reporting.

  1. Every person who registers a commercial feed pursuant to the provisions of this chapter shall report to the Agency of Agriculture, Food and Markets annually the total amount of combined feed which is distributed within the State and which is intended for use within the State. The report shall be made on forms and in a manner to be prescribed by the Secretary for calendar years 2016 and 2017.
  2. This reporting requirement shall not apply to pet foods, within the meaning of subdivisions 323(16) and (19) of this title, and shall not apply to feeds intended for use outside the State.

    Added 1985, No. 126 (Adj. Sess.), § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 64 , § 9.

History

Amendments--2015. Subsec. (a): Substituted "2016 and 2017" for "1986 and 1987" at the end of the last sentence.

Amendments--2003. Subsec. (a): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" preceding "annually" and substituted "secretary" for "commissioner" preceding "for calendar".

Amendments--1989 (Adj. Sess.) Subsec. (a): Substituted "Department of Agriculture, Food and Markets" for "Department of Agriculture" in the first sentence.

§ 329. Rules.

  1. The Secretary is authorized to adopt rules establishing procedures or standards, or both, for product registration, labeling, adulteration, reporting, inspection, sampling, guarantees, product analysis, or other conditions necessary for the implementation and enforcement of this chapter. Where appropriate, the rules shall be consistent with the model rules developed by the Association of American Feed Control Officials and regulations adopted by the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.
  2. The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, together with any regulation promulgated pursuant to the authority of the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., relevant to the subject matter of this chapter, are hereby adopted as rules under this chapter, together with all subsequent amendments. The Secretary may, by rule, amend or repeal any rule adopted under this subsection.
  3. A person shall not manufacture or distribute raw milk as a commercial feed in the State for any species unless all of the following conditions are satisfied:
    1. the raw milk shall be decharacterized using a sufficient method to render it distinguishable from products packaged for human consumption;
    2. raw animal feed or pet food products shall be packaged in containers that are labeled "not for human consumption";
    3. raw animal feed or pet food products shall not be stored or placed for retail sale with, or in the vicinity of, milk or milk products intended for human consumption; and
    4. notwithstanding any rule adopted under subsection (b) of this section to the contrary of the provisions of this subsection, the manufacture and distribution of raw animal feed or pet food products shall comply with the requirements of this chapter.

      Added 1985, No. 126 (Adj. Sess.) § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 64 , § 18.

History

Amendments--2019. Subsec. (c): Added.

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" in the first sentence.

Subsec. (b): Substituted "secretary" for "commissioner" in the last sentence.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

Annotations From Former § 298

1. Scope of regulations.

A proposal which was contrary to the provisions of section 293 of this title could not properly be adopted through the rule-making power of this section. 1968-70 Op. Atty. Gen. 243.

§ 330. Inspection; sampling; analysis.

  1. For the purpose of enforcing this chapter and determining whether or not an operation may be subject to these provisions, the Secretary upon presenting appropriate credentials is authorized:
    1. to enter any premises during normal business hours where commercial feeds are manufactured, processed, packed, or held for distribution and to stop and enter any vehicle being used to transport or hold feeds;
    2. to inspect factories, warehouses, establishments, vehicles, equipment, finished and unfinished materials, containers, and labeling;
    3. to sample commercial feed and feed ingredients.
  2. Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods. The results of all analyses of official samples shall be forwarded by the Secretary to the correspondent named in the registration form and to the purchaser. When the inspection and analysis of an official sample indicates that a commercial feed has been adulterated or misbranded and upon request within 30 days following receipt of the analysis, the Secretary shall furnish to the registrant a portion of the sample concerned.

    Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

Fees for reinspections, see § 9 of this title.

§ 331. Product deficiency; short weight.

  1. No registrant may produce, package, distribute, or possess any commercial feed that is short weight or deficient in either guaranteed ingredients or guaranteed analysis.  The Secretary by rule shall establish permitted analytical variances that shall be used to determine whether a commercial feed is deficient.
  2. The Secretary is authorized to assess administrative penalties for any product found to be short weight or deficient in guaranteed analysis.  In assessing these penalties, the Secretary shall give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the registrant, and the overall history of prior violations. Administrative penalties shall be paid to the Secretary for deposit and use in the revolving account established by subsection 364(e) of this title.  Penalties shall be assessed in the following manner:
    1. any registrant who is found to have violated this section for a particular product for the first time during any calendar year shall receive an administrative penalty of not more than $150.00;
    2. any registrant who is found to have violated this section with regard to the same product for the second time during the same calendar year shall receive an administrative penalty of not more than $300.00; and
    3. any registrant who is found to have violated this section with regard to the same product on three or more occasions during the same calendar year shall receive an administrative penalty of not more than $500.00.
  3. In assessing a penalty under this section, the Secretary shall issue a written notice of penalty to the registrant setting forth in a short and plain statement the alleged violation and the proposed fine.  The notice shall state that the penalty will become final 14 days from the date the notice of penalty is issued unless the registrant requests a hearing before the Secretary.
  4. Any registrant aggrieved by a decision of the Secretary may appeal questions of law to a Superior Court within 30 days of the final decision of the Secretary.  The Secretary may enforce a final administrative penalty by filing an action in any District or Superior Court.

    Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Appeals from decisions of governmental agencies, see V.R.C.P. 74.

Withdrawal from distribution or confiscation, see § 332 of this title.

§ 332. Detained commercial feeds.

  1. "Withdrawal from distribution" orders.  When the Secretary has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or any of the rules under this chapter, he or she may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the Secretary or the court.  The Secretary shall release the lot of commercial feed withdrawn when this chapter and rules have been complied with.  If compliance is not obtained within 30 days, the Secretary may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
  2. "Condemnation and confiscation."  Any lot of commercial feed not in compliance with this chapter and rules shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the area in which the commercial feed is located.  In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State, provided that in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.

    Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 333. Penalties.

  1. Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a criminal fine not to exceed $1,000.00. Each violation shall be a separate and distinct offense and in the case of a continuing violation each day's continuance shall be deemed a separate and distinct offense.
  2. A State's Attorney or the Attorney General to whom any violation is reported may cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
  3. The Secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under this chapter notwithstanding the existence of other remedies at law.  The injunction shall be issued without bond.

    Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 15.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "adopted" for "promulgated" preceding "under this chapter" in the first sentence.

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" in the first sentence.

Subsec. (c): Substituted "secretary" for "commissioner" in the first sentence.

Cross References

Cross references. Administrative penalties for product deficiency or short weight, see § 331 of this title.

Injunctions, see V.R.C.P. 65.

§ 334. Cooperation with other entities.

The Secretary may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.

Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" preceding "may cooperate".

§ 335. Repealed. 2009, No. 33, § 83(c)(2).

History

Former § 335. Former § 335, relating to publication of information regarding commercial feeds, was derived from 1985, No. 126 (Adj. Sess.), § 2 and amended by 2003, No. 42 , § 2.

§ 336. Administrative penalty.

Consistent with chapter 1 of this title, the Secretary may assess an administrative penalty upon determining that a person has violated a rule issued under this chapter or has violated this chapter in the following manner:

  1. Distributed a feed without first obtaining the appropriate product registration.
  2. Distributed a feed without appropriate labeling.
  3. Violated a cease and desist order.
  4. Failed to meet the product guarantee on the label or for the custom formula feed.
  5. Distributed a feed which is adulterated as defined in section 327 of this chapter.

    Added 1999, No. 49 , § 106; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner".

CHAPTER 27. EGGS

Sec.

§ 351. Definitions; fresh eggs.

  1. For the purposes of this chapter, the following definitions shall be in effect:
    1. "Candling" means that process by which the apparent condition of the egg is determined by holding and twirling the egg before a bright light.  Any type or make of candling light may be used which enables the grader to make consistently accurate determination of the quality of shell eggs.
    2. "Individual shell eggs" means those eggs which are a product of the domesticated chicken hen and which are in the shell.
    3. "Person" means any individual, firm, partnership, company, or corporation.
    4. "Shell protected eggs" means eggs which have a protective covering applied to the surface of the egg.  Any product used to provide the protective covering shall conform to the regulations of the U.S. Food and Drug Administration.
  2. An egg shall be deemed to be "fresh" which meets the requirements of the United States or Vermont grade A as determined by the U.S. Department of Agriculture or the Secretary of Agriculture, Food and Markets pursuant to the provisions of chapter 21 of this title.  The final determination as to eggs meeting these requirements shall be made by candling.

    Amended 1973, No. 149 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4714. 1947, No. 202 , § 4661. 1945, No. 170 , § 1. 1935, No. 192 , §§ 1, 3.

Amendments--2003. Subsec. (b): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1973 (Adj. Sess.). Section amended generally.

§ 351a. Application.

The provisions of this chapter shall apply to all shipments, containers, or displays in which eggs are packed, distributed, sold, held in storage, offered, or exposed for sale.

Added 1973, No. 149 (Adj. Sess.), § 8.

History

Revision note. Substituted "chapter" for "act" preceding "shall apply" to conform reference to V.S.A. style.

§ 352. Prohibition.

A person shall not sell, expose, offer for sale, or advertise for sale or exchange in Vermont as "fresh," "strictly fresh," "hennery," "new laid," "native," "today's," "nearby," "selected," "guaranteed," "new arrivals," "A 1 candled," or other words or descriptions of similar import any eggs which are not grade A or better.

Amended 1973, No. 149 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 4715. 1947, No. 202 , § 4662. 1935, No. 192 , § 2.

Amendments--1973 (Adj. Sess.). Substituted "other" for "under" preceding "words or descriptions" and "grade A or better" for "fresh" following "eggs which are not".

ANNOTATIONS

Analysis

1. Candled.

The word "candled" may not be considered as synonymous with "fresh" in relation to eggs. 1940-42 Op. Atty. Gen. 63.

Further descriptive words beyond the statement "candled" must be used in order to apprise anybody of the state of freshness of the eggs in question. 1940-42 Op. Atty. Gen. 63.

2. Hotels and restaurants.

This section does not apply to eggs served in hotels or restaurants. 1938-40 Op. Atty. Gen. 66.

§ 353. Shell-treated eggs.

Eggs which have been shell treated or shell protected may be sold as fresh eggs, provided they show no more than traces of approved protective covering on the shells.

Amended 1973, No. 149 (Adj. Sess.), § 3.

History

Source. V.S. 1947, § 4716. 1947, No. 202 , § 4663. 1935, No. 192 , § 4.

Amendments--1973 (Adj. Sess.). Section amended generally.

§ 354. Marking of containers.

Each container containing eggs being sold, exposed, offered, or advertised for sale or exchange in this State for human consumption must be plainly and conspicuously marked with the proper designation of the size and quality grades promulgated by the Secretary of Agriculture, Food and Markets pursuant to the provisions of chapter 21 of this title. The container of each lot of eggs being sold by a dealer to a retailer must be plainly marked with the dealer's identification and the date of shipment. The size marking requirements of this section shall not prevent a producer from selling eggs of mixed sizes to a dealer, provided that when selling mixed sized eggs, the producer plainly marks each lot "mixed sizes" or "nest run." The size and grade marking requirements of this section shall not prevent any dealer from selling eggs, mixed as to size or quality, or both, to any other dealer, provided that the seller plainly marks each lot of mixed quality "ungraded" and each lot of mixed size "mixed sizes."

Amended 1973, No. 149 (Adj. Sess.), § 4; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4717. 1947, No. 77 , § 1. 1935, No. 192 , § 5.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first sentence.

Amendments--1973 (Adj. Sess.) Substituted "designation" for "designations" preceding "of the size" in the first sentence and added "or 'nest run"' following "'mixed sizes"' at the end of the third sentence.

Cross References

Cross references. Labeling of irradiated foods, see § 201 of this title.

§ 354a. Containers.

A person shall not pack shell eggs in containers that are not structurally sound and clean.

Added 1973, No. 149 (Adj. Sess.), § 9.

§ 355. Enforcement; rules; inspectors.

The Secretary of Agriculture, Food and Markets, through the Division of Business Development, shall enforce the provisions of this chapter and shall establish such rules and employ such inspectors as are deemed necessary and advisable. Such duly appointed inspectors shall have free access at all reasonable hours to any building or other place wherein it is reasonable to believe eggs are being sold, offered, or exposed for sale.

Amended 1973, No. 149 (Adj. Sess.), § 5; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 16.

History

Source. V.S. 1947, § 4718. 1947, No. 202 , § 4666. 1935, No. 192 , § 7.

Amendments--2017 (Adj. Sess.). Substituted "rules" for "regulations" in the section heading, and substituted "Division of Business Development" for "Division of Markets" and deleted "and regulations" following "establish such rules" in the first sentence.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1973 (Adj. Sess.). Substituted "Division" for "Bureau" preceding "of markets" in the first sentence.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

Fees for reinspections, see § 9 of this title.

ANNOTATIONS

1. Hotels and restaurants.

Inspectors are not authorized under this section to enter hotels or restaurants where eggs are served as meals. 1938-40 Op. Atty. Gen. 66.

§ 356. Notice of violation.

When the Secretary becomes cognizant of a violation of a provision of this chapter, he or she may cause notice of such fact to be given to the person concerned and to the State's Attorney of the county in which the offense was committed, or in which the violator resides or has a place of business.

Amended 1973, No. 149 (Adj. Sess.), § 6; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4719. 1947, No. 202 , § 4667. 1935, No. 192 , § 8.

Amendments--2003. Substituted "secretary" for "commissioner" preceding "becomes".

Amendments--1973 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Appearance.

This section grants a privilege to the alleged violator and his appearance to answer the Commissioner's complaint is entirely optional with him. 1936-38 Op. Atty. Gen. 77.

§ 357. Penalty.

A person who violates any provision of this chapter shall be fined not more than $100.00 nor less than $25.00 for the first offense and not more than $500.00 nor less than $50.00 for each subsequent offense. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not more than $500.00 nor less than $50.00.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1973, No. 149 (Adj. Sess.), § 7; 1973, No. 249 (Adj. Sess.), § 6, eff. April 9, 1974; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4720. 1935, No. 192 , § 9.

Amendments--2003. Substituted "secretary" for "commissioner" in the second sentence.

Amendments--1973 (Adj. Sess.). Act No. 149 substituted "$100.00 nor less than $25.00" for "$25.00 nor less than $10.00" preceding "for the first" and "$500.00 nor less than $50.00" for "$50.00 nor less than $10.00" preceding "for each subsequent" in the first sentence and "$500.00 nor less than $50.00" for "$50.00 nor less than $10.00" at the end of the second sentence.

Act No. 249 deleted the third sentence.

Amendments--1965. Substituted "district" for "municipal" preceding "courts" in the third sentence.

§ 358. Disposition of fines.

Such fines as are collected under the provisions of this chapter shall belong and be paid to the State.

History

Source. V.S. 1947, § 4721. 1935, No. 192 , § 10.

CHAPTER 28. FERTILIZER AND LIME

Sec.

§ 361. Title.

This chapter shall be known as the "Fertilizer and Lime Law of 1986."

Added 1985, No. 126 (Adj. Sess.), § 1.

History

Revision note. Substituted "chapter" for "act" to conform reference to V.S.A. style.

§ 362. Enforcing official.

This chapter shall be administered by the Secretary of Agriculture, Food and Markets, or his or her designee, hereafter referred to as the Secretary.

Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" and "secretary" for "commissioner" in the section.

§ 363. Definitions.

As used in this chapter:

  1. "Agricultural lime" or "agricultural liming material" or "lime" means and includes:
    1. all products whose calcium and magnesium compounds are capable of neutralizing soil acidity and which are intended, sold, or offered for sale for agricultural or plant propagation purposes;
    2. limestone consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity; or
    3. industrial waste or industrial by-products which contain calcium, calcium and magnesium, or calcium, magnesium, and potassium in forms that are capable of neutralizing soil acidity and which are intended, sold, or offered for sale for agricultural purposes.  For the purposes of this chapter, the terms "agricultural lime," "lime," and "agricultural liming material" shall have the same meaning.
  2. "Brand" means a term, design, or trademark used in connection with one or more grades of fertilizer or lime.
  3. "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend fertilizer or to offer for sale, sell, barter, or otherwise supply or apply fertilizer or lime in this State.
  4. "Distributor" means any person who distributes fertilizer or lime.
  5. "Fertilizer" means any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth or health, except unprocessed animal or vegetable manures and other products exempted by the Secretary.
    1. A fertilizer material is a substance that either:
      1. contains important quantities of at least one of the primary plant nutrients: nitrogen, phosphorus, or potassium;
      2. has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or
      3. is derived from a plant or chemical residue or by-product or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
    2. A mixed fertilizer is a fertilizer containing any combination or mixture of fertilizer materials.
    3. A specialty fertilizer is a fertilizer distributed for nonfarm use.
    4. A bulk fertilizer is a fertilizer distributed in a nonpackaged form.
  6. "Grade" means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash stated in whole numbers in the same terms, order, or percentages as in the guaranteed analysis.  Specialty fertilizers and fertilizer materials may be guaranteed in fractional terms.  Any grade expressed in fractional terms which is not preceded by a whole number shall be preceded by zero.
  7. "Guaranteed analysis" means:
    1. in reference to fertilizer, the minimum percentages of plant nutrients claimed by the manufacturer or producer of the product in the following order and form: nitrogen, phosphorus, and potash; and
    2. in reference to agricultural lime or agricultural liming material, the minimum percentages of calcium oxide and magnesium oxide or calcium carbonate and the calcium carbonate equivalent, or both, as claimed by the manufacturer or producer of the product.
  8. "Label" means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer or lime.
  9. "Labeling" means all written, printed, or graphic material upon or accompanying any lime or fertilizer, including advertisements, brochures, posters, and television and radio announcements used in promoting the sale of the lime or fertilizer.
  10. "Official sample" means any sample of fertilizer or lime taken by the Secretary.
  11. "Percent" or "percentage" means the percentage by weight.
  12. "Primary nutrient" includes nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium.
  13. "Product" means the name of the lime which identifies it as to kind, class, or specific use.
  14. "Registrant" means the person who registers fertilizers or lime under the provisions of this chapter.
  15. "Ton" means a net weight of 2,000 pounds avoirdupois.
  16. "Use" includes all purposes for which a fertilizer or lime is applied.
  17. "Weight" means the weight of undried material as offered for sale.

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 17.

History

Amendments--2017 (Adj. Sess.). Intro. paragraph: Substituted "As" for "When" preceding "used".

Subdiv. (7)(B): Substituted "or" for "and/or" following "magnesium oxide", and inserted "or both," preceding "as claimed".

Amendments--2003. Subdivs. (5) and (10): Substituted "secretary" for "commissioner".

§ 364. Registration.

  1. Each brand or grade of fertilizer shall be registered in the name of the person whose name appears upon the label before being distributed in this State. The application for registration shall be submitted to the Secretary on a form furnished by the Agency of Agriculture, Food and Markets and shall be accompanied by a fee of $20.00 per nutrient or recognized plant food element to a maximum of $140.00 per brand or grade. Upon approval by the Secretary, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
    1. the brand and grade;
    2. the guaranteed analysis; and
    3. the name and address of the registrant.
  2. A distributor shall not be required to register any fertilizer which is already registered under this chapter by another person, provided there is no change in the label for the fertilizer.
  3. A distributor shall not be required to register each grade of fertilizer formulated according to specifications which are furnished by a consumer prior to mixing, but shall be required to label the fertilizer as provided in subsection 365(b) of this title.
  4. Each separately identified agricultural lime product shall be registered before being distributed in this State. Registration shall be performed in the same manner as fertilizer registration except that each application shall be accompanied by a fee of $50.00 per product.
  5. The registration and tonnage fees, along with any deficiency penalties collected pursuant to sections 331 and 372 of this title, shall be deposited in a special fund. Funds deposited in this fund shall be restricted to implementing and administering the provisions of this title and any other provisions of law relating to feeds and seeds.

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1999, No. 49 , § 107; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 72 , § 20; 2013, No. 72 , § 17; 2015, No. 149 (Adj. Sess.), § 4.

History

Amendments--2015 (Adj. Sess.). Subsec. (d): Substituted "$50.00" for "$40.00" preceding "per product".

Amendments--2013 Subsec. (a): Substituted "$20.00" for "$15.00" and "$140.00" for "$105.00" in the second sentence.

Amendments--2005 Subsec. (e): Substituted "provisions of this title" for "provisions of this chapter" in the second sentence.

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" in two places and "agency of agriculture, food and markets" for "department of agriculture, food and markets" in the second sentence.

Amendments--1999 Subsec. (a): Substituted "$15.00" for "$13.00" and "105.00" for "$78.00" in the second sentence.

Subsec. (d): Substituted "$40.00" for "$30.00" in the second sentence.

Subsec. (e): Inserted "deficiency" preceding "penalties" and "collected pursuant to sections 331 and 372 of this title" thereafter and substituted "special fund" for "revolving account" following "deposited in a" in the first sentence and "fund" for "account" following "deposited in this" in the second sentence.

Amendments--1989 (Adj. Sess.) Subsec. (a): Substituted "department of agriculture, food and markets" for "department of agriculture" in the second sentence of the introductory paragraph.

Cross References

Cross references. Refusal or cancellation of registration, see § 375 of this title.

§ 365. Labels.

    1. Any fertilizer or agricultural lime distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (a) (1)  Any fertilizer or agricultural lime distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
      1. net weight;
      2. brand and grade, provided that grade shall not be required when no primary nutrients are claimed;
      3. guaranteed analysis; and
      4. name and address of the registrant.
    2. For bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.
  1. A fertilizer or lime formulated according to specifications furnished by a consumer prior to mixing shall be labeled to show: the net weight, the guaranteed analysis or name, analysis and weight of each ingredient used in the mixture, and the name and address of the distributor and purchaser.
    1. If the Secretary finds that a requirement for expressing calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among states, he or she may require by rule that the minimum percent of calcium oxide and magnesium oxide or calcium carbonate and magnesium carbonate, or both, shall be expressed in the following terms: (c) (1)  If the Secretary finds that a requirement for expressing calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among states, he or she may require by rule that the minimum percent of calcium oxide and magnesium oxide or calcium carbonate and magnesium carbonate, or both, shall be expressed in the following terms:
    2. Under this rule, an affected person shall be given a reasonable time to come into compliance.

      Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 18.

Total Calcium (Ca) ....................................................... percent Total Magnesium (Mg) ..................................................... percent

History

Amendments--2017 (Adj. Sess.). Subdiv. (c)(1): Substituted "or" for "and/or" preceding "calcium carbonate" and inserted "or both" preceding "shall be expressed".

Amendments--2003. Subsec. (c): Substituted "secretary" for "commissioner" preceding "finds".

§ 366. Tonnage fees.

  1. A person distributing fertilizer to a nonregistrant consumer in the State annually shall pay the following fees to the Secretary:
    1. a $150.00 minimum tonnage fee;
    2. $0.50 per ton of agricultural fertilizer distributed; and
    3. $30.00 per ton of nonagricultural fertilizer distributed.
  2. Persons distributing fertilizer shall report annually on or before January 15 for the previous year ending December 31 to the Secretary revealing the amounts of each grade of fertilizer and the form in which the fertilizer was distributed within this State. Each report shall be accompanied with payment and written permission allowing the Secretary to examine the person's books for the purpose of verifying tonnage reports.
  3. No information concerning tonnage sales furnished to the Secretary under this section shall be disclosed in such a way as to divulge the details of the business operation to any person unless it is necessary for the enforcement of the provisions of this chapter.
  4. [Repealed.]
  5. Agricultural limes, including agricultural lime mixed with wood ash, are exempt from the tonnage fees required in this section.
  6. Lime and wood ash mixtures may be registered as agricultural liming materials and guaranteed for potassium or potash, provided that the wood ash totals less than 50 percent of the mixture.
    1. All fees collected under subdivisions (a)(1) and (2) of this section shall be deposited in the special fund created by subsection 364(e) of this title and used in accordance with its provisions. (g) (1)  All fees collected under subdivisions (a)(1) and (2) of this section shall be deposited in the special fund created by subsection 364(e) of this title and used in accordance with its provisions.
    2. All fees collected under subdivision (a)(3) of this section shall be deposited in the Agricultural Water Quality Special Fund created under section 4803 of this title.
  7. [Repealed.]

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 1999, No. 49 , § 108; 2001, No. 143 (Adj. Sess.), § 36a, eff. June 21, 2002; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 64 , § 10; 2015, No. 149 (Adj. Sess.), § 5, eff. Jan. 1, 2016.

History

Amendments--2015 (Adj. Sess.). Subsec. (a): Rewrote the subsec. and added subdivs. (1)-(3).

Subsec. (g): Added the subdiv. (1) designation; substituted "subdivisions (a)(1) and (2)" for "subsection (a)" preceding "of this section" and "special" for "revolving" preceding "fund"; and added subdiv. (2).

Subsec. (h): Repealed.

Amendments--2015. Subsec. (a): Deleted "inspection" following "in this State an annual" near the end of the sentence.

Subsec. (d): Repealed.

Subsec. (g): Added "collected under subsection (a) of this section" following "all fees" at the beginning of the sentence.

Subsec. (h): Added.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--2001 (Adj. Sess.) Subsec. (b): Substituted "January 15" for "July 31" and "December 31" for "June 30" in the first sentence.

Amendments--1999 Subsec. (d): Substituted "$50.00" for "twenty-five dollar".

Retroactive effective date of 2015 (Adj. Sess.) amendments. 2015, No. 149 (Adj. Sess.), § 48(a) provides: "Notwithstanding 1 V.S.A. § 214, Sec. 5 (fertilizer tonnage fee) [which amended this section] shall take effect retroactively on January 1, 2016."

§ 367. Inspection; sampling; analysis.

For the purpose of enforcing this chapter and determining whether or not fertilizers and limes distributed in this State endanger the health and safety of Vermont citizens, the Secretary upon presenting appropriate credentials is authorized:

  1. To enter any public or private premises except domiciles during regular business hours and stop and enter any vehicle being used to transport or hold fertilizer or lime.
  2. To inspect blending plants, warehouses, establishments, vehicles, equipment, finished or unfinished materials, containers, labeling, and records relating to distribution, storage, or use.
  3. To sample and analyze any fertilizer or lime. The methods of sampling and analysis shall be those adopted by the Association of Official Analytical Chemists. In cases not covered by this method or in cases where methods are available in which improved applicability has been demonstrated, the Secretary may authorize and adopt methods which reflect sound analytical procedures.
  4. To develop any reasonable means necessary to monitor and adopt rules for the use of fertilizers and agricultural limes on Vermont soils where monitoring indicates environmental or health problems. In addition, the Secretary may develop and adopt rules for the proper storage of fertilizers and limes held for distribution or sale.

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 23 , § 71.

History

Amendments--2015. Subdiv. (4): Substituted "adopt" for "promulgate" preceding "rules" in two places.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

Fees for reinspections, see § 9 of this title.

§ 368. Misbranding.

  1. No person shall distribute misbranded fertilizer or agricultural lime.  A fertilizer shall be deemed to be misbranded if:
    1. its labeling is false or misleading in any particular;
    2. it is distributed under the name of another fertilizer product;
    3. it is not labeled as required in section 365 of this title and in accordance with rules adopted under this chapter; or
    4. it is labeled, or represented, to contain a plant nutrient which does not conform to the standard of identity established by rule.  In adopting these rules, the Secretary shall give consideration to definitions recommended by the Association of American Plant Food Control Officials.
  2. An agricultural lime shall be deemed to be misbranded if:
    1. its labeling is false or misleading in any particular; or
    2. it is not labeled as required by section 365 of this title and in accordance with rules adopted under this chapter.

      Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subdiv. (a)(4): Substituted "secretary" for "commissioner" in the second sentence.

Cross References

Cross references. Withdrawal from distribution or confiscation, see § 376 of this title.

§ 369. Adulteration.

No person shall distribute an adulterated lime or fertilizer product. A fertilizer or lime shall be deemed to be adulterated if:

  1. it contains any deleterious or harmful ingredient in an amount sufficient to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life are not shown on the label;
  2. its composition falls below or differs from that which it is purported to possess by its labeling;
  3. it contains crop seed or weed seed; or
  4. it contains heavy metals, radioactive substances, or synthetic organics in amounts sufficient to render it injurious to livestock or human health when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect livestock or human health are not shown on the label.

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 2001, No. 39 , § 1.

History

Amendments--2001. Added subdiv. (4) and made minor stylistic changes through the section.

Cross References

Cross references. Withdrawal from distribution or confiscation, see § 376 of this title.

§ 370. Publication; consumer information regarding fertilizer use on nonagricultural turf.

  1. The Secretary shall publish on an annual basis:
    1. information concerning the distribution of fertilizers and limes;
    2. results of analyses based on official samples of fertilizers and lime distributed within the State as compared with guaranteed analyses required pursuant to the terms of this chapter.
    1. The Secretary, in consultation with the University of Vermont Extension, fertilizer industry representatives, lake groups, and other interested or affected parties, shall produce information for distribution to the general public with respect to the following: (b) (1)  The Secretary, in consultation with the University of Vermont Extension, fertilizer industry representatives, lake groups, and other interested or affected parties, shall produce information for distribution to the general public with respect to the following:
      1. problems faced by the waters of the State because of discharges of phosphorus;
      2. an explanation of the extent to which phosphorus exists naturally in the soil;
      3. voluntary best management practices for the use of fertilizers containing phosphorus on nonagricultural turf; and
      4. best management practices for residential sources of phosphorus.
    2. The Secretary shall develop the information required under this subsection and make it available to the general public in the manner deemed most effective, which may include:
      1. conspicuous posting at the point of retail sale of fertilizer containing phosphorus, according to recommendations for how that conspicuous posting may best take place;
      2. public service announcements by means of electronic media;
      3. other methods deemed by the Secretary to be likely to be effective.
    3. The Secretary shall develop proposed criteria for evaluating the effectiveness of the information program and shall present them to legislative committees on natural resources and energy and on agriculture by no later than January 1, 2007. By no later than July 1, 2007, the Secretary shall hold one or more public information meetings to obtain the input of the public on a draft assessment of the effectiveness of this section in increasing the use of best management practices in the use of fertilizers on nonagricultural turf. By no later than December 1, 2008, the Secretary shall provide those legislative committees with a final assessment of the effectiveness of this subsection, which shall include an analysis of the extent to which the information developed under this subsection has been effectively provided to and relied upon by retail customers who purchase fertilizers containing phosphorus and shall include any recommendations for making the program more effective.

      Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 215 (Adj. Sess.), § 77d.

History

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" in the introductory sentence.

§ 371. Rules; enforcement.

The Secretary is authorized to adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement the intent of this chapter and to enforce those rules.

Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner".

Annotations From Former § 418

1. Limitations.

Director of agricultural experiment station or his deputy did not have authority to issue a regulation which would amount to altering the provisions of this chapter. 1956-58 Op. Atty. Gen. 254.

§ 372. Plant food variations.

  1. The Secretary may assess a penalty upon finding that a fertilizer does not conform to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium content.  A fertilizer shall be deemed out-of-conformance if the guarantee for the nitrogen, available phosphoric acid or phosphorus, or soluble potash or potassium exceeds the American Association of Plant Food Control Officials, established permitted analytical variance at an established confidence level of 97.5 percent.
  2. A penalty of two times the value of the deficiencies shall be assessed pursuant to procedures established by rule and shall be paid to the consumer.
  3. Each registrant shall be offered an opportunity for a hearing before the Secretary.  Penalty payments shall be made within 30 days after notice of the Secretary's decision to assess a penalty.  Proof of payment to the consumer shall be promptly forwarded to the Secretary by the registrant.
  4. If the consumer cannot be found, the amount of the penalty payments shall be paid to the Secretary who shall deposit the payment into the revolving account established by subsection 364(e) of this title.
  5. Fertilizer that has been purchased from a registrant or distributor and is altered so that the fertilizer's analysis is different from that originally guaranteed shall be considered a new product.  Before this new product can be distributed to the consumer, it shall be registered in the proper manner.  If a product is not registered, the manufacturer of the product shall be considered liable for purposes of enforcing the provisions of this chapter.
  6. This section is not an exclusive cause of action and persons affected may utilize any other right of action available under the law.

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 285 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1989 (Adj. Sess.) Subsec. (a): Substituted "upon finding" for "if he or she finds" following "penalty" in the first sentence and added the second sentence.

Subsec. (b): Substituted "two" for "three" following "penalty of".

§ 373. Commercial value.

After consultation with the fertilizer industry, the Secretary shall determine periodically the values per unit of nitrogen, available phosphoric acid, and potash in fertilizers. The commercial value determined and published shall be considered in determining and assessing penalty payments.

Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

§ 374. Short weight.

  1. If any fertilizer or agricultural liming material is found to be short in net weight, the registrant of the fertilizer or lime shall pay a penalty of three times the value of the actual shortage to the affected party.
  2. Each registrant shall be offered an opportunity for a hearing before the Secretary.  Penalty payments shall be made within 30 days after notice of the Secretary's decision to assess a penalty.  Proof of payment to the consumer shall be promptly forwarded to the Secretary by the registrant.
  3. If the consumer cannot be found, the amount of the penalty payments shall be paid to the Secretary who shall deposit the payment into the revolving account established by subsection 364(e) of this title.
  4. This section is not an exclusive cause of action and persons affected may utilize any other right of action available under law.

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 375. Cancellation of registration.

The Secretary is authorized to cancel or suspend the registration of any fertilizer or liming material or refuse a registration application if he or she finds that the provisions of this chapter or the rules adopted under this chapter have been violated, provided that no registration shall be revoked or refused without a hearing before the Secretary.

Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" twice within the section.

§ 376. Detained fertilizer and lime.

  1. "Withdrawal from distribution" orders.  When the Secretary has reasonable cause to believe any lot of fertilizer or lime is being distributed in violation of any of the provisions of this chapter or any of the rules under this chapter, he or she may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of fertilizer or lime in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of fertilizer or lime withdrawn when this chapter and rules have been complied with.  If compliance is not obtained within 30 days, the Secretary may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
  2. "Condemnation and confiscation."  Any lot of fertilizer or lime not in compliance with this chapter and rules shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the area in which the fertilizer or lime is located.  In the event the court finds the fertilizer or lime to be in violation of this chapter and orders the condemnation of the fertilizer or lime, it shall be disposed of in any manner consistent with the quality of the fertilizer or lime and the laws of the State, provided that in no instance shall disposition of the fertilizer or lime be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer or lime or for permission to process or relabel the fertilizer or lime to bring it into compliance with this chapter.

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 377. Appeal.

Any party adversely affected by a decision of the Secretary made pursuant to section 372, 374, or 375 of this title may appeal questions of law to a Superior Court.

Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" preceding "pursuant".

Cross References

Cross references. Appeals from decisions of governmental agencies, see V.R.C.P. 74.

§ 378. Penalty.

  1. Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a fine not to exceed $1,000.00.  Each violation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance shall be deemed a separate and distinct offense.
  2. A State's Attorney or the Attorney General to whom any violation is reported may cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
  3. The Secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule of this chapter notwithstanding the existence of other remedies at law.  The injunction shall be issued without bond.

    Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsecs. (a) and (c): Substituted "secretary" for "commissioner".

Cross References

Cross references. Injunctions, see V.R.C.P. 65.

Penalty for short weight, see § 374 of this title.

Penalty for variation from guaranteed analysis, see § 372 of this title.

§ 379. Exchanges between manufacturers.

Nothing in this chapter shall be construed to restrict or impair sales or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or to prevent the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their brands as required by provisions of this chapter.

Added 1985, No. 126 (Adj. Sess.), § 1.

§ 380. Administrative penalty.

Consistent with chapter 1 of this title, the Secretary may assess an administrative penalty upon determining that a person has violated a rule issued under this chapter or has violated this chapter in the following manner:

  1. distributed a specialty fertilizer or lime without first obtaining the appropriate product registration;
  2. distributed a fertilizer without appropriate labeling;
  3. failed to report or to accurately report the amount and form of each grade of fertilizer distributed in Vermont on an annual basis;
  4. failed to pay the appropriate tonnage fee; or
  5. violated a cease and desist order.

    Added 1989, No. 285 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" preceding "may assess" in the introductory paragraph.

§ 381. Golf courses; nutrient management plan.

Beginning July 1, 2012, as a condition of the permit issued to golf courses under chapter 87 of this title and regulations adopted thereunder, a golf course shall be required to submit to the Secretary of Agriculture, Food and Markets a nutrient management plan for the use and application of fertilizer to grasses or other lands owned or controlled by the golf course. The nutrient management plan shall ensure that the golf course applies fertilizer according to the agronomic rates for the site-specific conditions of the golf course.

Added 2011, No. 37 , § 2, eff. Jan. 1, 2012.

CHAPTER 29. FERTILIZER AND LIME

Sec.

§§ 411-421. Repealed. 1985, No. 126 (Adj. Sess.), § 3.

History

Former §§ 411- 421. Former § 411, relating to definitions, was derived from 1955, No. 99 , § 3. The subject matter is now covered by § 363 of this title.

Former § 412, relating to administration, was derived from 1955, No. 99 , § 2. The subject matter is now covered by § 362 of this title.

Former § 413, relating to registration, was derived from 1955, No. 99 , § 4 and amended by 1963, No. 73 , § 4; 1971, No. 111 , § 2; 1975, No. 220 (Adj. Sess.), § 1. The subject matter is now covered by § 364 of this title.

Former § 414, relating to labeling, was derived from 1955, No. 99 , § 5 and amended by 1963, No. 73 , § 5. The subject matter is now covered by § 365 of this title.

Former § 415, relating to misbranding, was derived from 1955, No. 99 , § 7. The subject matter is now covered by § 368 of this title.

Former § 416, relating to inspection, sampling and analysis, was derived from 1955, No. 99 , § 8. The subject matter is now covered by § 367 of this title.

Former § 417, relating to tonnage fees, was derived from 1955, No. 99 , § 6 and amended by 1971, No. 111 , § 3; 1975, No. 220 (Adj. Sess.), § 2. The subject matter is now covered by § 366 of this title.

Former § 418, relating to regulations, was derived from 1955, No. 99 , § 9. The subject matter is now covered by § 371 of this title.

Former § 419, relating to withdrawal from sale orders, seizure and condemnation, was derived from 1955, No. 99 , § 10. The subject matter is now covered by § 376 of this title.

Former § 420, relating to the publications, was derived from 1955, No. 99 § 12. The subject matter is now covered by § 370 of this title.

Former § 421, relating to penalties, was derived from 1955, No. 99 , § 11. The subject matter is now covered by § 378 of this title.

CHAPTER 30. FROZEN FOODS

Sec.

§ 441. Prohibition.

No person engaged in the business of processing or storing consumer frozen foods or foods which have been frozen, or transporting, selling, or offering for sale such foods shall process, store, handle, transport, advertise, display, or offer for sale such foods unless such operations are conducted in accordance with the provisions of the rules and regulations promulgated by the Secretary of Agriculture, Food and Markets after a public hearing. "Secretary" shall mean the Secretary of Agriculture, Food and Markets or his or her designated agent.

1971, No. 196 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first and second sentences and substituted "secretary" for "commissioner" in the second sentence.

§ 442. Administration; jurisdiction.

This chapter shall be administered by the Agency of Agriculture, Food and Markets in concurrent jurisdiction with other state and federal agencies and shall not alter or affect the powers of these agencies.

1971, No. 196 (Adj. Sess.), § 5; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture".

§ 443. Regulations; hearing; inspections.

  1. The Secretary may, after public hearing, revise regulations and make additional regulations for such operations, including temperature control, sanitation, and other matters.
  2. The Secretary may enter premises or vehicles conducting such operations at reasonable times as he or she finds necessary in the administration of this chapter.  He or she may require evidence of source and destination of the product, take temperatures, open containers, and he or she may, upon tendering the market price, remove samples from the premises for further examination.

    1971, No. 196 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. At the end of the first sentence of subsec. (b), substituted "chapter" for "act" to conform reference to V.S.A. style.

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner".

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

§ 444. Reinspection.

The Secretary may, in instances such as a first offense, make due allowance for initial corrective action, minor violation, or extenuating circumstances, and employ reinspection or other preliminary steps to secure compliance.

1971, No. 196 (Adj. Sess.), § 3; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner".

Cross References

Cross references. Fees for reinspection, see § 9 of this title.

§ 445. Penalties.

Any person violating this chapter, or any regulation made under its authority, shall be fined not more than $100.00 for the first offense, and not more than $200.00 for each subsequent offense. Each day in which a violation exists shall constitute a separate violation.

1971, No. 196 (Adj. Sess.), § 4.

CHAPTER 31. MAPLE SYRUP

Subchapter 1. Grading of Maple Syrup

§§ 471-479. Repealed. 1981, No. 235 (Adj. Sess.), § 2.

History

Former §§ 471-479. Former § 471, relating to definition of dealer, was derived from V.S. 1947, § 4723; P.L. § 7705; 1925, No. 102 , § 1. The subject matter is now covered by § 481(4) of this title.

Former § 472, relating to licensing of state maple syrup inspectors, was derived from V.S. 1947, § 4724; P.L. § 7706; 1927, No. 101 , § 1; 1925, No. 102 , § 2.

Former § 473, relating to eligibility for and revocation of maple syrup inspector's license, was derived from V.S. 1947, § 4725; P.L. § 7707; 1927, No. 101 , § 1; 1925, No. 102 , § 2.

Former § 474, relating to color and density standards, was derived from V.S. 1947, § 4727; P.L. § 7709; 1925, NO. 102, § 4. The subject matter is now covered by § 487 of this title.

Former § 474, relating to disagreement between buyer and seller as to density, color or grade, was derived from V.S. 1947, § 4726; P.L. § 7708; 1925, No. 102 , § 3.

Former § 475, relating the disagreement between buyer and seller as to density, color or grade, was derived from V.S. 1947, § 4726; P.L. § 7708; 1925 No. 102, § 3.

Former § 476, relating to sampling, testing and grading devices and expenditures, was derived from V.S. 1947, § 4728; P.L. § 7710; 1925, No. 102 , § 5. The subject matter is now covered by § 488 of this title.

Former § 477, relating to maple syrup hydrometers, was derived from 1967, No. 248 (Adj. Sess.), §§ 1, 2. The subject matter is now covered by § 489 of this title.

Former § 478, relating to payment of expenses of inspection and grading, was derived from V.S. 1947, § 4729; P.L. § 7711; 1927, No. 101 , § 2; 1925, No. 102 , § 6.

Former § 479, relating to penalty for fraudulent grading, was derived from V.S. 1947, § 4730; P.L. § 7712; 1933, No. 157 , § 7435; 1925, No. 102 , § 8.

Subchapter 2. Sale of Maple Syrup

§§ 511-521. Repealed. 1981, No. 235 (Adj. Sess.), § 2.

History

Former §§ 511-521. Former § 511, relating to "State of Vermont Pure Maple Syrup" trademark and definitions, was derived from 1951, No. 105 ; 1949, No. 110 , § 2. The subject matter is now covered by §§ 481 and 486 of this title.

Former § 512, relating to labels, was derived from 1957, No. 107 ; 1953, No. 137 , § 1; 1951, No. 105 ; 1949, No. 110 , § 1 and previously repealed by 1959, No. 210 , § 6. The subject matter is now covered by § 490 of this title.

Former § 513, relating to labels, was added by 1961, No. 173, § 1 and amended by 1963, No. 34 . The subject matter is now covered by § 490 of this title.

Former § 514, relating to advertising, was derived from 1951, No. 105 ; 1949, No. 110 , § 2. The subject matter is now covered by § 495 of this title.

Former § 515, relating to enforcement, embargo and regulations, was derived from 1953, No. 137 , § 2; 1951, No. 105 , § 4; 1949, No. 110 , § 3. The subject matter is now covered by §§ 482 and 496 of this title.

Former § 516, relating to penalties, was derived from 1953, No. 137 , § 3, amended by 1959, No. 262 , § 15; 1961, No. 173 , § 7 and previously repealed by 1959, No. 210 , § 6. The subject matter is now covered by § 498 of this title.

Former § 517, relating to labeling containers of maple products blended with other substances, was derived from 1959, No. 210 , § 1 and amended by 1961, No. 173 , § 2. The subject matter is now covered by § 492 of this title.

Former § 518, relating to violations, was derived from 1959, No. 210 , § 2, and amended by 1961, No. 173 , § 3. The subject matter is now covered by § 497 of this title.

Former § 519, relating to penalties, was derived from 1959, No. 210 , § 3 and amended by 1961, No. 173 , § 4. The subject matter is now covered by § 498 of this title.

Former § 520, relating to enforcement, was derived from 1959, No. 210 , § 4 and amended by 1961, No. 173 , § 5. The subject matter is now covered by § 496 of this title.

Former § 521, relating to construction of chapter, was derived from 1959, No. 210 , § 5 and amended by 1959, No. 329 (Adj. Sess.), § 27; 1961, No. 173 , § 6. The subject matter is now covered by § 499 of this title.

CHAPTER 32. MAPLE PRODUCTS

Sec.

§ 481. Definitions.

As used in this chapter:

  1. "Advertisement" means any method used to call attention to a product which is intended to arouse a desire to purchase that product. It shall include signs, displays, radio and television broadcasts, newspapers and periodicals, direct mail, other printed forms, and any electronic media.
  2. "Bulk maple syrup" means maple syrup packed in containers of more than five gallons.
  3. "Secretary" means the Secretary for the Vermont Agency of Agriculture, Food and Markets or his or her designee.
  4. "Dealer" means a person who annually buys, or otherwise acquires from another person, 1,000 gallons of maple syrup or more for purposes of packaging for resale, or for resale in bulk.
  5. "Agency" means the Vermont Agency of Agriculture, Food and Markets.
  6. "Grade" or "grades" means the standards for maple syrup promulgated through regulation by the Secretary.  Those standards shall be the official grades of maple syrup for the State of Vermont.
  7. "Inspector" means any person designated by the Secretary to carry out the Secretary's duties under this chapter.
  8. "Maple products" means only maple syrup, maple sugar, maple cream, or any other product in which the sugar content is entirely derived from pure maple sap and to which nothing has been added.
  9. "Maple sap" means the unprocessed liquid derived from the maple tree (Acer).
  10. "Maple sap hydrometer" means a floating instrument which measures the specific gravity of a liquid and which contains a scale designed to determine the sugar content of maple sap.
  11. "Maple sugar" means the solid, crystalline produce of maple tree sap only.
  12. "Maple syrup" means pure maple syrup which is the liquid derived by concentration and heat treatment of the sap of the maple tree (Acer).  Maple syrup shall not be processed in any manner which adds or removes naturally occurring soluble materials.  This limitation does not preclude the use of approved filter aids used for the sole purpose of assisting the removal of suspended material or the use of defoaming agents approved by the Secretary.  Maple syrup shall comply with Vermont State grades, density, and flavor requirements.
  13. "Maple syrup hydrometer" means a floating instrument which measures the specific gravity of a liquid and which contains a scale designed to determine the density of maple syrup.
  14. "Packaged maple syrup" means maple syrup packed in containers of five gallons or less.
  15. "Person" means individuals, groups of individuals, partnerships, limited partnerships, corporations, companies, cooperatives, and associations.
  16. "Principal display panel" shall be construed to mean that part of a label that is so designed as most likely to be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.  Wherever a principal display panel appears more than once on a package, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels."
  17. "Produced in Vermont" shall mean only that maple syrup or other maple products which are manufactured in their entirety from pure, unprocessed maple sap within the State of Vermont pursuant to standards established by this chapter and the regulations promulgated hereunder.
  18. "Public eating place" means any person or establishment engaged in the business of preparing and selling food for the general public's consumption on premises and who is subject to the license requirement of 18 V.S.A. § 4351 .
  19. "Processor" means a person who annually buys, or otherwise acquires from another person, 2,500 gallons of maple syrup or more for purposes of packaging for resale, processing into associated products, or for resale in bulk.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1989, No. 256 (Adj. Sess.) § 10(a), eff. Jan. 1, 1991; 1989, No. 257 (Adj. Sess.), § 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 148 (Adj. Sess.), § 1.

History

2017. In the second sentence of subdiv. (1), deleted ", but is not limited to," following "include" in accordance with 2013, No. 5 , § 4.

2003. Substituted "secretary" for "commissioner" in subdiv. (6) in light of the amendment to this section by 2003, No. 42 , § 2.

Amendments--2003 (Adj. Sess.). Subdiv. (1): Substituted "other printed forms, and any electronic media" for "and other printed forms".

Amendments--2003. Pursuant to the general amendment in Act 42, sec. 2, substituted "secretary" for "commissioner" in two places, "agency of agriculture, food and markets" for "department of agriculture, food and markets" in two places, and "agency" for "department".

Amendments--1989 (Adj. Sess.). Act No. 256 substituted "department of agriculture, food and markets" for "department of agriculture" in subdivs. (3) and (5).

Subdiv. (19): Added by Act No. 257.

§ 482. Enforcement; inspectors.

  1. The Secretary shall enforce the provisions of this chapter. He or she may appoint one or more inspectors who shall be authorized to enforce the provisions of this chapter.
  2. The Secretary shall pay any such inspectors their salaries and necessary expenses incurred in the performance of their duties from the monies annually allocated to the Agency.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" in the first sentence.

Subsec. (b): Substituted "secretary" for "commissioner" and "agency" for "department" in the section.

§ 483. License required.

  1. A dealer or processor who is doing business in this State or who wishes to do business in this State shall first obtain a license to do so from the Secretary.
  2. A dealer wishing to be licensed shall apply annually before July 1 to the Secretary for a license on forms supplied by the Secretary and shall pay a license fee of $30.00.
  3. A processor wishing to be licensed shall apply annually before July 1 to the Secretary for a license on forms supplied by the Secretary and shall pay a license fee of $150.00.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1989, No. 257 (Adj. Sess.), § 4; 1991, No. 79 , § 2a; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 6.

History

Amendments--2015 (Adj. Sess.). Subsec. (b): Substituted "$30.00" for "$20.00" following "license fee of".

Subsec. (c): Substituted "$150.00" for "$100.00" following "license fee of".

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 Subsec. (a): Inserted "or processor" following "dealer" and substituted "shall" for "must" preceding "first".

Amendments--1989 (Adj. Sess.) Subsec. (b): Substituted "$20.00" for "$10.00".

Subsec. (c): Added.

§ 484. Records; inspection.

  1. The Secretary may, by rule, require all licensed dealers or processors to maintain specific records for the purchase and sale of maple products.  Those records shall be kept in a full and accurate manner and shall be made available to the Secretary or his or her inspector upon request.  The Secretary shall use those records only for purposes of administering this chapter, or for other law enforcement purposes, and shall otherwise keep them confidential.
  2. The Secretary or his or her inspector may enter upon the premises of a licensed dealer or processor, at reasonable times, for purposes of inspecting the premises, records, equipment, and inventory in a reasonable manner to determine whether the provisions of this chapter and the rules adopted hereunder are being observed. If entry is refused, the Secretary may apply to a Superior Court judge for an administrative search warrant.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1991, No. 79 , § 2; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 154 (Adj. Sess.), § 58.

History

2005. In subsec. (a), substituted "rule" for "regulation" and in subsec. (b), "rules" for "regulations" to more accurately indicate the rulemaking process.

Revision note - Deleted comma following "inspector" in the first sentence of subsec. (b) to correct a grammatical error.

Amendments--2009 (Adj. Sess.) Subsec. (b): Inserted "or her" preceding "inspector" in the first sentence, and deleted "or district" following "superior" in the last sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 Subsec. (a): Inserted "or processors" following "dealers" in the first sentence.

Subsec. (b): Inserted "or processor" following "dealer" in the first sentence.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

Fees for reinspections, see § 9 of this title.

§ 485. Revocation or suspension of licenses; appeals.

  1. The Secretary may suspend, revoke, or decline to grant a dealer or processor license for cause, or for failure of the applicant to provide all information which the Secretary may reasonably request.  Before declining to grant a license, or suspending or revoking a license, the Secretary shall give at least ten days' notice to the applicant or licensee by registered or certified mail addressed to his or her last known address and afford him or her an opportunity to appear and be heard with respect thereto at a time and place specified in the notice.  The applicant or licensee may be heard in person or by an attorney, and offer evidence pertinent to the subject of the hearing.  Within 30 days after the hearing, the Secretary shall make findings of fact in writing and shall notify the applicant or licensee of his or her decision in writing.
  2. The applicant or licensee may appeal the decision to the Washington Superior Court or the Superior Court for the county where the applicant or licensee is doing business.  Such an appeal shall be limited to questions of law and shall be governed by the Vermont Rules of Civil Procedure.  The applicant shall file a statement of questions for the court's review within 30 days of filing the notice of appeal.
  3. The decision of the Superior Court may be appealed to the Vermont Supreme Court.
  4. A dealer who has not been licensed, or whose license was suspended or revoked by the Secretary, shall not engage in the sale, barter, or exchange of any maple products within the State of Vermont for commercial purposes.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1991, No. 79 , § 3; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 Subsec. (a): Inserted "dealer or processor" preceding "license" in the first sentence.

§ 486. Trademark.

The trademark, "State of Vermont Pure Maple Syrup," is hereby registered with the Secretary of State and its use shall be restricted to the terms of this chapter.

Added 1981, No. 235 (Adj. Sess.), § 1.

§ 487. Standards.

  1. Grade standards.  The Secretary shall establish by rule grade standards for maple syrup.  In establishing grade standards, the Secretary may utilize the color standards and grade designations established by the U.S. Department of Agriculture for the testing and grading of maple syrup, or develop different color standards and designations. The Secretary may also establish flavor and clarity requirements as a part of the grading standards.
  2. Density standards.  The Secretary may establish by rule the density standards for maple syrup.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1989, No. 13 , § 1; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1989 Subsec. (a): Rewrote the first and second sentences.

Subsec. (b): Substituted "rule" for "regulation" following "establish by".

§ 488. Sampling, testing, and grading devices; certification.

  1. The Secretary may procure accurate sampling, testing, and grading devices in a quantity sufficient to meet the anticipated requirements under this chapter.
  2. In addition to the mandatory inspection program conducted under this chapter, the Secretary may provide maple syrup inspection certification upon request of a dealer.  The Secretary may obtain from the dealer reimbursement for the cost of the inspection certification incurred by the Agency.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1989, No. 13 , § 2; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner".

Subsec. (b): Substituted "secretary" for "commissioner" in two places and substituted "agency" for "department" in the second sentence.

Amendments--1989 Added "certification" following "grading devices" in the section catchline, designated the existing provisions of the section as subsec. (a) and added subsec. (b).

§ 489. Hydrometers.

  1. Maple syrup hydrometers sold in this State shall be tested, approved, and so marked by the Agency before any are sold, offered, or exposed for sale or distributed by any person.
  2. All maple sap hydrometers used in this State for testing the sugar content of maple sap for the purpose of computing its selling price shall be permanently marked with a nonrepetitive serial number and shall be tested by the Agency for accuracy. When a maple sap hydrometer has been tested and approved as meeting those standards established by regulation, the Secretary may issue a certificate of accuracy.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsec. (a): Substituted "agency" for "department" preceding "before".

Subsec. (b): Substituted "agency" for "department" in the first sentence and "secretary" for "commissioner" in the second sentence.

§ 490. Labels.

  1. Maple syrup.  Every shipment, package, or container of maple syrup packed, sold, offered, or exposed for sale or distribution by any person shall be plainly marked in accordance with 9 V.S.A. § 2633(c) for packaging and labeling regulations and shall include:
    1. the name, address, and zip code of the packer;
    2. the true name of the product;
    3. the grade; and
    4. the volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius.
  2. All other pure maple products.  Every shipment, package, or container of maple products other than maple syrup packed, sold, offered, or exposed for sale or distribution by any person shall be plainly marked in accordance with 9 V.S.A. § 2633(c) for packaging and labeling regulations and shall include:
    1. the name, address, and zip code of the packer;
    2. the true name of the product; and
    3. the volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius if the product is a liquid or with the net weight if the product is not a liquid.
  3. Any labeling on bulk or packaged maple syrup which indicates "State of Vermont pure maple syrup," Vermont maple syrup, Vermont syrup, or any other words which imply that the syrup so marked was produced in Vermont shall be used exclusively upon 100 percent maple syrup which is entirely produced within the State of Vermont in compliance with the terms of this chapter and the regulations promulgated hereunder.
  4. Any labeling on all other maple products which states or implies that those products were produced in Vermont shall be used exclusively upon 100 percent pure maple products which are entirely produced within the State of Vermont in compliance with the terms of this chapter and the regulations promulgated hereunder.

    Added 1981, No. 235 (Adj. Sess.), § 1.

Cross References

Cross references. Labeling of irradiated foods, see § 201 of this title.

§ 491. Adulteration; filtration.

  1. No person shall manufacture, package, sell, offer for sale, deliver, or in any way possess any maple product which is adulterated within the meaning of 18 V.S.A. § 4059 .
  2. Maple syrup which is produced, packaged, handled, or sold in this State shall not be bleached or lightened in color by artificial means except by simple filtration through cloth or paper, through a filter press, or through food grade diatomaceous earth with a filter press to remove suspended solids. The Secretary may by rule approve other methods of filtration. The Secretary is authorized to approve specific applications of new technologies for time limited experimental usage.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1985, No. 241 (Adj. Sess.), § 1; 1997, No. 29 , § 1, eff. May 15, 1997; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1997 Subsec. (b): Inserted "through a filter press or through food grade diatomaceous earth with a filter press" following "cloth or paper" in the first sentence, substituted "rule" for "regulation" preceding "approve" in the second sentence and added the third sentence.

Amendments--1985 (Adj. Sess.). Subsec. (a): Section amended generally.

§ 492. Labeling container of maple flavored products.

  1. Every product or package containing a product made by combining maple sap, maple sugar, or maple syrup with any other sugar or other substance packed, sold, offered, or exposed for sale or distribution by any person in this State shall be plainly marked in accordance with 9 V.S.A. § 2633(c) for packaging and labeling regulations and shall include the following on the principal display panel:
    1. an accurate and descriptive name;
    2. the net quantity contents declaration; and
    3. the amount of maple sugar or maple syrup the product contains expressed in percentage of volume if the product is a liquid or a list of the product ingredients in order of decreasing predominance by weight if the product is a solid.  The percentage statement or ingredient list shall be in close proximity to the product name.
  2. The same information required in subsection (a) of this section shall be included in any advertisements of the product.  When the product is served in any public eating place, the menu shall be conspicuously marked with an accurate and descriptive name and a statement expressing the percentage of maple sugar or maple syrup the product contains.
  3. The words "maple," "mapyl," "mapley," or words of similar import shall not appear in any manner on a container, label, menu, or advertisement of maple flavored products, unless:
    1. such words are printed in the statement of contents together with the percentage;
    2. such words are a part of the packer's name, provided that the packer's name cannot appear to be a part of the product name; or
    3. the words "blend," "sweetened," or "flavored" appear immediately before, after, above or below and in equal prominence to such words.
  4. The term "maple flavored" may only be used when 100 percent of the flavoring material is a pure maple product.  If any artificial maple flavor is used, the label shall clearly and conspicuously state "artificial flavor."

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1985, No. 241 (Adj. Sess.), § 2.

History

Revision note. Deleted comma following "import" in the introductory clause of subsec.(c) to correct a grammatical error.

Amendments--1985 (Adj. Sess.). Subdiv. (c)(3): Inserted "'sweetened"' following "'blend"'.

§ 493. Labeling container of artificial maple flavored products.

It shall be unlawful to use the term "maple syrup" or "maple sugar," however modified, to describe any product, flavoring, sweetener, or food additive unless the product, flavoring, sweetener, or food additive so described meets the statutory definition of "maple syrup" or "maple sugar." Terms such as "artificial maple syrup" or "artificial maple sugar" are declared to be misleading and deceptive and may not be used in the labeling or advertising of any product. Terms such as "artificial maple flavor" or "artificial maple flavor sweetener" may be used to describe a product flavored or sweetened with a substance which attempts to duplicate real maple flavor, providing that words such as "artificial," "flavor," and other modifiers of the word "maple" shall appear in equal prominence to the word "maple" on the label and in all advertising of the product.

Added 1981, No. 235 (Adj. Sess.), § 1.

§ 493a. Use of the term "Vermont maple".

The term "Vermont maple" may be used only to describe any product, flavoring, sweetener, or food additive when the product, flavoring, sweetener, or food additive so described contains "maple products" which are "produced in Vermont" as those terms are defined in this chapter.

Added 2003, No. 148 (Adj. Sess.), § 2.

§ 494. Containers and equipment; rules; manufacturer certification required if plastic resin used.

  1. Applicability.  This section shall apply to all containers and equipment which come into contact with maple sap, maple syrup, or maple products, hereinafter referred to for the purposes of this section as "maple products," to all replacement parts of such containers and equipment, and to all containers or equipment returned to the manufacturer for repair or refurbishing, whether made or assembled in whole or in part in Vermont after January 1, 1998, or sold or conveyed when new in Vermont after January 1, 1998.
  2. Containers and equipment used for packaging maple products shall be clean and sanitary at the time of packing.
  3. Maple syrup containers offered for sale within the State of Vermont shall be of a size determined by the Secretary to be correct to hold the liquid volume stated on the container when filled with syrup at 68 degrees Fahrenheit. Maple syrup containers shall be clean and free of rust, and shall not include any substance which may damage the color or flavor of maple syrup.
  4. Rule authority.  The Secretary may regulate by rule the types and uses of cleaning and sanitizing agents and processes, and the types and uses of equipment which come into contact with maple products, including the collection, conveying, processing, manufacture, or storage of maple products. The Secretary shall work with interested persons and entities to develop and promulgate these rules.
  5. Plastic resin.  New containers and new equipment which are purchased, sold, offered for sale, conveyed, or used in Vermont after January 1, 1998 and made from plastic resin, shall be:
    1. suitable for their intended use;
    2. constructed from materials that will not allow the migration of deleterious substances or impart colors, odors, or tastes to maple sap or products; and
    3. designed and constructed so that when used, such equipment and containers shall not permit the adulteration of maple sap or products with lubricants, fuel, metal fragments, contaminated water, or any other contaminants.
  6. Statutory certification.  Containers and equipment which come into contact with maple products shall as a matter of law be certified for use in collecting, conveying, processing, manufacturing, or storing maple products, provided such containers or equipment is made from materials that are suitable for collecting, conveying, or storing potable water.
  7. Duty to acquire certification.  Any person who sells or conveys ownership of containers or new equipment which are made from plastic resin shall acquire a certification from the manufacturer that the containers or equipment is designed and constructed in such a manner and of such materials as to comply with this section and applicable rules. The certification shall be in writing and shall be made available to a prospective purchaser, owner, or the Secretary upon request.
  8. Manufacturer certification.  After January 1, 1998, all manufacturers of new containers or new equipment made from plastic and which come into contact with maple products shall provide the written certification required for each type of container or equipment. A certification shall be presumed valid until the design or formulation of the equipment or container changes, at which time a new certification shall be required. It shall be acceptable for a manufacturer to provide a single certification listing all of the applicable products.
  9. Penalty.  Any person who violates this section or any applicable rule may be assessed an administrative penalty under section 15 of this title.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1997, No. 29 , § 2, eff. May 15, 1997; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1997 Section amended generally.

§ 495. Advertising.

  1. All advertisements of maple syrup displayed, circulated, broadcast by radio, or telecast within this State that quote a price shall specify the grade and volume of maple syrup in equal prominence with the stated price.
  2. All advertisements of maple products and maple flavored products displayed, circulated, broadcast by radio, or telecast within this State that quote a price shall specify the quantity of contents in equal prominence with the stated price.
  3. All advertisements of maple syrup or maple products that state or imply that the products were produced in Vermont shall be used exclusively upon maple syrup or maple products produced within the State of Vermont.
  4. All advertising of maple flavored products shall be in compliance with the advertising provisions contained in section 492 of this title.  All advertising of artificial maple flavored products shall be in compliance with the advertising provisions contained in section 493 of this title.

    Added 1981, No. 235 (Adj. Sess.), § 1.

§ 496. Regulations; powers.

  1. The Secretary may adopt and enforce all rules and regulations which he or she deems necessary to enforce this chapter.
  2. When the Secretary determines that there is reasonable cause to believe that a maple product is in violation of this chapter or any regulations promulgated hereunder, he or she may embargo the sale, transportation, or use of the product. Within 30 days of the embargo, the Secretary shall cause to be instituted in the Superior Court of the county in which the violator resides, has a place of business, or commits the violation a petition for an order for disposal of the product.  Prior to the petition or pending court directions, the Secretary may agree with the owner of the product for its disposal, provided the disposal is not in violation of law. The court shall have power to condemn any maple product sold, stored, held, offered, exposed, or advertised for sale or possessed in violation of this chapter, and may authorize its disposal.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

2005. In subsec. (b), substituted "adopt" for "promulgate" to more accurately indicate the rulemaking process.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

§ 497. Violation.

A person shall not knowingly or intentionally:

  1. produce, package, label, sell;
  2. hold, store, transport, offer, expose, or advertise for sale;
  3. possess in any premises where maple products, maple flavored products, or artificial maple flavored products, are sold or held, stored, offered, exposed, or advertised for sale; or
  4. possess or serve in any public eating place, any maple product, maple flavored product, or artificial maple flavored product in violation of the provisions of this chapter, or any embargo or rule promulgated by the Secretary under the provisions of this chapter.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 1985, No. 241 (Adj. Sess.), § 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 148 (Adj. Sess.), § 3.

History

Amendments--2003 (Adj. Sess.). Inserted "knowingly or intentionally" in the introductory paragraph.

Amendments--2003. Subdiv. (4): Substituted "secretary" for "commissioner" preceding "under".

Amendments--1985 (Adj. Sess.). Subdiv. (1): Amended generally.

Subdiv. (3): Inserted "maple-flavored products, or artificial maple-flavored products" preceding "are sold".

Subdiv. (4): Inserted "maple-flavored product, or artificial maple-flavored product" preceding "in violation" and substituted "under the provisions of this chapter" for "thereunder" following "commissioner".

§ 498. Penalties.

  1. The Secretary may suspend or revoke the license of a dealer or processor for any violation of this chapter or the regulations adopted pursuant to this chapter.
  2. A person, including licensed dealers or processors, who knowingly or intentionally violates any provision of this chapter, shall be fined not more than $5,000.00 or imprisoned for not more than one year, or both.

    Added 1981, No. 235 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 148 (Adj. Sess.), § 4.

History

2005. In subsec. (a), substituted "adopted" for "promulgated" to more accurately indicate the rule-making process.

Amendments--2003 (Adj. Sess.) Subsec. (a): Inserted "or processor" following "the license of a dealer".

Subsec. (b): Inserted "or processors" preceding "who" and 'knowingly or intentionally" thereafter.

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" following "The".

Cross References

Cross references. Imposition and collection of administrative penalties, see §§ 15-17 of this title.

§ 499. Construction.

  1. This chapter shall not be construed to limit in any way the powers of the State Board of Health with regard to the regulation of food and drink and the standards, adulteration, misbranding, and misrepresentation thereof.
  2. The provisions of this chapter are severable.  If any provision of this chapter, any exemption therefrom, or any application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions, exemptions, or applications which can be given effect without the invalid provision, exemption, or application.

    Added 1981, No. 235 (Adj. Sess.), § 1.

CHAPTER 33. POTATOES

Sec.

§ 551. Definitions.

  1. The word "persons" as used in this chapter shall include individuals, corporations, companies, societies, and associations.  The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within the scope of his or her employment or office, shall also be deemed to be the act, omission, or failure of such corporation, company, society, or association.
  2. "Grade" or "grades" shall mean the standards for potatoes established by the U.S. Department of Agriculture and those promulgated by the Secretary of Agriculture, Food and Markets as the official grades on potatoes for Vermont under the authority provided in chapter 21 of this title.

    Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. 1951, No. 103 , § 2.

Revision note. Undesignated paragraphs were designated as subsecs. (a) and (b) to conform section to V.S.A. style.

Amendments--2003. Subsec. (b): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

§ 552. Application of chapter.

The provisions of this chapter shall apply to all shipments, packages, containers, or displays in which potatoes are packed, distributed, sold, offered, or exposed for sale except as herein provided.

History

Source. 1951, No. 103 , § 1.

§ 553. Marking of containers.

Every shipment, package, or container containing potatoes which are packed in the State, sold in the State, distributed in the State, offered, or exposed for sale or distribution in the State by any person shall be plainly and conspicuously marked with the name and address of the packer, or the person by whose authority the potatoes are packed or distributed, and the proper grade of the potatoes contained therein. The party possessing the potatoes at any time shall be deemed responsible for the proper marking of the potatoes. On display racks or bins from which potatoes are sold in retail quantities, the proper grade must be plainly and conspicuously shown, but the provision as to markings of name and address or person by whose authority the potatoes were packed shall not apply.

History

Source. 1951, No. 103 , § 3.

Cross References

Cross references. Labeling of irradiated foods, see § 201 of this title.

§ 554. Exemptions.

  1. Nothing in this chapter shall be construed to prevent a grower from selling potatoes at his or her premises or storage, or delivering potatoes to a central packing house, processing plant, storage, or to a retailer or consumer in quantity of five bushels or less in any calendar day without such marking, except that any potatoes displayed or offered for sale at the roadside must be marked with the proper grade.
  2. Properly tagged certified seed potatoes as defined by sections 611-618 of this title are exempted from the provisions of this chapter.

History

Source. 1951, No. 103 , § 4.

Revision note. Undesignated paragraphs were designated as subsecs. (a) and (b) to conform section to V.S.A. style.

§ 555. Advertising.

All newspaper, radio, or display advertising of potatoes in which the price is stated must show or state the grade or grades of potatoes being advertised.

History

Source. 1951, No. 103 , § 5.

§ 556. Enforcement; regulations.

The Secretary of Agriculture, Food and Markets shall diligently enforce all of the provisions of this chapter. He or she, either in person or by a duly authorized representative, shall have free access, ingress, and egress during business hours to any place or any building wherein potatoes are packed, stored, transported, sold, offered, or exposed for sale or for transportation. He or she may also, in person or by duly authorized representative, open any box, barrel, or other container, and examine the contents thereof, and may, upon tendering the market price, take samples therefrom. The Secretary shall make and publish uniform rules and regulations for carrying out the provisions of this chapter.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. 1951, No. 103 , § 6.

Amendments--2003. Substituted "Secretary of Agriculture, Food and Markets" for "Commissioner of Agriculture, Food and Markets" in the first sentence and substituted "Secretary" for "Commissioner" in the last sentence.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

§ 557. Penalty.

Any person who violates any provision of this chapter shall be fined not more than $25.00 nor less than $10.00 for the first offense and not more than $50.00 nor less than $25.00 for each subsequent offense. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not more than $50.00 nor less than $10.00.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. 1951, No. 103 , § 7.

Amendments--2003. Substituted "secretary" for "commissioner".

§ 558. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

History

Former § 558. Former § 558, relating to jurisdiction of offenses, was derived from 1951, No. 103 , § 8 and amended by 1965, No. 194 , § 10.

CHAPTER 34. HEMP

Sec.

History

Amendments--2013. 2013, No. 84 , § 1, deleted "industrial" preceding "hemp" in the chapter heading.

Legislative findings. 2007, No. 212 (Adj. Sess.), § 1 provides: "The general assembly finds:

"(1) Industrial hemp is a suitable crop for Vermont, and its production will contribute to the future viability of Vermont agriculture.

"(2) Allowing industrial hemp production will provide farmers an opportunity to sell their products to a marketplace that pays them a reasonable rate of return for their labor and capital investments. Farmers in Canada report an $800.00 per-acre return for the crop.

"(3) The infrastructure needed to process industrial hemp will result in increased business opportunities and new jobs in our communities.

"(4) As a food crop, industrial hemp seeds and oil produced from the seeds have high nutritional value, including healthy fats and protein.

"(5) As a fiber crop, industrial hemp can be used in the manufacture of products such as clothing, building supplies, and animal bedding.

"(6) As a fuel crop, industrial hemp seeds can be processed into biodiesel, and stalks can be pelletized or flaked for burning or processed for cellulosic ethanol. Industrial hemp also expands opportunities for on-farm renewable energy production.

"(7) The production of industrial hemp can play a useful agronomic role in farm land management as part of a crop rotation system."

Legislative purpose. 2017, No. 143 (Adj. Sess.), § 4 provides: "The purpose of this section and Secs. 5-6 of this act [Sec. 5 amends 6 V.S.A. §§ 561-564, 566 and Sec. 6 provides for the implementation of transition] is to amend the laws of Vermont regarding the cultivation of industrial hemp to conform with federal requirements for industrial hemp research set forth in section 7606 of the federal Agricultural Act of 2014, Pub. L. No. 113-79, codified at 7 U.S.C. § 5940."

Transition; implementation. 2017, No. 143 (Adj. Sess.), § 6 provides: "All persons registered prior to July 1, 2018 with the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 34 to grow or cultivate hemp shall be deemed to be registered with the Secretary of Agriculture, Food and Markets as participants in the industrial hemp pilot project established by this act under 6 V.S.A. § 564, and those previously registered persons shall not be required to reregister with the Secretary of Agriculture, Food and Markets."

2020 hemp growing season. 2019, No. 129 (Adj. Sess.), § 25 provides: "(a) The General Assembly finds that:

"(1) The federal Agricultural Act of 2014, Pub. L. No. 113-79, Sec. 7606, codified at 7 U.S.C. § 5940, authorizes states subject to certain requirements to implement agricultural pilot programs for the growing, cultivation, and marketing of industrial hemp, notwithstanding restrictions under the federal Controlled Substances Act.

"(2) In Section 10113 of the Agricultural Improvement Act of 2018, Pub. L. No. 115-334, codified at 7 U.S.C. §§ 1639 (o)-(s), Congress authorized the growing, cultivation, and marketing of industrial hemp under U.S. Department of Agriculture-approved state programs and not as agricultural pilot programs.

"(3) The Agricultural Improvement Act of 2018, however, authorized states operating an agricultural pilot program for industrial hemp to continue operating the agricultural pilot program until October 31, 2020.

"(4) Vermont operates an agricultural pilot program for industrial hemp, but 2019 Acts and Resolves No. 44 amended 6 V.S.A. chapter 34 to provide that the State Hemp Program shall operate under the Agricultural Improvement Act of 2018.

"(5) Vermont's State Hemp Program has not yet been federally approved for operation under the Agricultural Improvement Act of 2018.

"(6) To clarify the authority and requirements for the cultivation and processing of industrial hemp during the 2020 growing season, the General Assembly should authorize hemp to be grown in the State under the terms and requirements of the State agricultural pilot program for hemp and not under the requirements of the Agricultural Improvement Act of 2018.

"(b)(1) Notwithstanding the provisions of 6 V.S.A. chapter 34 that provide that Vermont shall operate the State Hemp Program under the Agricultural Improvement Act of 2018, the Secretary of Agriculture, Food and Markets may, during the 2020 growing season for hemp, continue to operate an agricultural pilot program for hemp as authorized by and in compliance with 7 U.S.C. § 5940.

"(2) If the Secretary of Agriculture, Food and Markets operates an agricultural pilot program for hemp during the 2020 hemp growing season, the program shall not be subject to the terms of Section 10113 of the Agricultural Improvement Act of 2018, Pub. L. No. 115-334, and shall not be subject to any provision of 6 V.S.A. chapter 34 that requires compliance with the Agricultural Improvement Act of 2018. Under an agricultural pilot program, a grower or processor of hemp during the 2020 growing season shall comply with the federal requirements for the cultivation and processing of hemp established by the Agricultural Act of 2014 as codified at 7 U.S.C. § 5940 until the 2020 crop is sold and is no longer in the possession of a grower or processor.

"(c) Notwithstanding any provision of State law to the contrary and notwithstanding the scheduled repeal of 7 U.S.C. § 5940 on October 31, 2020, a person shall not be in violation of the requirements of 6 V.S.A. chapter 34 if he or she grows or cultivates hemp during the 2020 hemp season or markets hemp grown during the 2020 hemp season in compliance with the terms established by the federal Agricultural Act of 2014."

§ 561. Findings; intent.

  1. Findings.
    1. Hemp has been continuously cultivated for millennia, is accepted and available in the global marketplace, and has numerous beneficial, practical, and economic uses, including: high-strength fiber, textiles, clothing, biofuel, paper products, protein-rich food containing essential fatty acids and amino acids, biodegradable plastics, resins, nontoxic medicinal and cosmetic products, construction materials, rope, and value-added crafts.
    2. The many agricultural and environmental beneficial uses of hemp include: livestock feed and bedding, stream buffering, erosion control, water and soil purification, and weed control.
    3. The hemp plant, an annual herbaceous plant with a long slender stem ranging in height from four to 15 feet and a stem diameter of one-quarter to three-quarters of an inch is morphologically distinctive and readily identifiable as an agricultural crop grown for the cultivation and harvesting of its fiber and seed.
    4. Hemp cultivation will enable the State of Vermont to accelerate economic growth and job creation, promote environmental stewardship, and expand export market opportunities.
    5. Section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 authorizes the growing, cultivation, and marketing of industrial hemp under a U.S. Department of Agriculture approved State program.
  2. Purpose.  The intent of this chapter is to establish policy and procedures for growing, processing, testing, and marketing hemp and hemp products in Vermont that comply with federal law so that farmers and other businesses in the Vermont agricultural industry can take advantage of this market opportunity.

    Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84 , § 1; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44 , § 1, eff. May 30, 2019.

History

Amendments--2019. Subdiv. (a)(5): Amended generally.

Subsec. (b): Inserted "processing, testing, and marketing" and "and hemp products".

Amendments--2017 (Adj. Sess.). Subdiv. (a)(1): Substituted "biofuel" for "bio-fuel" preceding "paper products".

Subdiv. (a)(5): Added.

Subsec. (b): Inserted "that comply with federal law" preceding "so that farmers".

Amendments--2013. Rewrote the section.

§ 562. Definitions.

As used in this chapter:

  1. "Agency" means the Agency of Agriculture, Food and Markets.
    1. "Grow" means: (2) (A) "Grow" means:
      1. planting, cultivating, harvesting, or drying of hemp; and
      2. selling, storing, and transporting hemp grown by a grower.
    2. "Grow" may be used interchangeably with the word "produce."
  2. "Grower" means a person who is registered with the Agency to produce hemp crops.
  3. "Hemp products" or "hemp-infused products" means all products with the federally defined tetrahydrocannabinol concentration level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, construction materials, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.
  4. "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers, whether growing or not, with the federally defined tetrahydrocannabinol concentration level of hemp. "Hemp" shall be considered an agricultural commodity.
  5. "Process" means the storing, drying, trimming, handling, compounding, or converting of a hemp crop by a processor for a single grower or multiple growers into hemp products or hemp-infused products. "Process" includes transporting, aggregating, or packaging hemp from a single grower or multiple growers.
  6. "Processor" means a person who is registered with the Agency to process hemp crops. A retail establishment selling hemp products or hemp-infused products is not a processor.

    "Secretary" means the Secretary of Agriculture, Food and Markets.

    Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84 , § 1; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44 , § 1, eff. May 30, 2019.

History

Amendments--2019. Added subdiv. (1), rewrote subdiv. (2), added subdiv. (3), added subdiv. (4) designation, and amended generally, redesignated former subdiv. (3) as subdiv. (5), and amended generally, added subdivs. (6) and (7), and redesignated former subdiv. (4) as subdiv. (8).

Amendments--2017 (Adj. Sess.). Subdiv. (2): Inserted "or 'hemp-infused products'" preceding "means".

Subdiv. (3): Inserted "or 'industrial hemp"' preceding "means".

Amendments--2013. Subdiv. (1): Repealed.

Subdiv. (2): Deleted "industrial" preceding "hemp" and "but not limited to" preceding "cloth"; substituted "construction materials" for "particle board" and deleted "if such seeds originate from industrial hemp varieties" following "cultivation".

Subdiv. (3): Rewrote the subdiv.

§ 563. Hemp; an agricultural product.

Industrial hemp is an agricultural product that may be grown as a crop produced, possessed, marketed, and commercially traded in Vermont pursuant to the provisions of this chapter and section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334. The cultivation of industrial hemp shall be subject to and comply with the required agricultural practices adopted under section 4810 of this title.

Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84 , § 1; 2015, No. 64 , § 13; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44 , § 1, eff. May 30, 2019.

History

2015. Substituted "required agricultural practice" for "accepted agricultural practice" in accordance with 2015, No. 64 , § 13.

Amendments--2019. Added "and section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334" at the end of the first sentence.

Amendments--2017 (Adj. Sess.). Substituted "Industrial hemp" for "Hemp" and "that" for "which" preceding "may be grown" and inserted "marketed" following "possessed" in the first sentence, and inserted "industrial" preceding "hemp" and deleted "the requirements" following "comply with" in the second sentence.

Amendments--2013. Substituted "Hemp" for "Industrial hemp"; inserted "as a crop" following "grown"; and added the second sentence.

§ 564. State Hemp Program; registration; application; administration.

  1. The Secretary shall establish and administer a State Hemp Program to regulate the growing, processing, testing, and marketing of industrial hemp and hemp products in the State.
    1. A person shall register annually with the Secretary as part of the State Hemp Program in order to grow, process, or test hemp or hemp products in the State. A person shall apply for registration or renewal of a registration on a form provided by the Secretary. The application shall be accompanied by the fee required under section 570 of this title. The application or renewal form shall include: (b) (1)  A person shall register annually with the Secretary as part of the State Hemp Program in order to grow, process, or test hemp or hemp products in the State. A person shall apply for registration or renewal of a registration on a form provided by the Secretary. The application shall be accompanied by the fee required under section 570 of this title. The application or renewal form shall include:
      1. the name and address of the person applying for or renewing a registration;
      2. whether the person is applying to grow, process, or test hemp or hemp products;
      3. for a person applying as a grower:
        1. the location and acreage of all parcels where hemp will be grown;
        2. a statement that the seeds obtained for planting are of a type and variety that do not exceed the federally defined tetrahydrocannabinol concentration level of hemp;
      4. for a person applying as a processor, the location of the processing site;
      5. for a person applying to test hemp or hemp products, the location of the site where testing will occur and any proof of certification required by the Secretary; and
      6. any additional information that the Secretary may require by rule.
    2. The Secretary may verify the information provided in the application or renewal form under subdivision (1) of this subsection and on any maps accompanying the application or renewal form and may request additional information in order to perform a review of an application for registration or renewal.
  2. The Secretary may deny an application for registration or renewal if the applicant:
    1. does not provide all the information requested on the application or renewal form;
    2. fails to submit the fee required under section 570 of this title;
    3. fails to submit additional information requested by the Secretary under subsection (a) of this section; or
    4. does not, as determined by the Secretary, satisfy the requirements of section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 for participation in the Program.
  3. A person registered under this section may purchase or import hemp genetics from any state that complies with the federal requirements for the cultivation of industrial hemp.
  4. A person registered with the Secretary under this section to grow, process, or test hemp crops or hemp products shall allow the Secretary to inspect hemp crops, processing sites, or laboratories registered under the State Hemp Program. The Secretary shall retain tests and inspection information collected under this section for the purposes of research of the growth and cultivation of industrial hemp.
  5. The name and general location of a person registered under this section shall be available for inspection and copying under the Public Records Act, provided that all records produced or acquired by the Agency of Agriculture, Food and Markets related to the location of parcels where hemp will be grown, including coordinates, maps, and parcel identifiers, shall be confidential and shall not be disclosed for inspection and copying under the Public Records Act.

    Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84 , § 1; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44 , § 1, eff. May 30, 2019.

History

Reference in text. This federal Controlled Substances Act, referred to in subdiv. (b)(1) of this section, is codified as 21 U.S.C. § 801 et seq.

Amendments--2019. Section heading: Added "State Hemp Program" and "application," and deleted "pilot project".

Rewrote section.

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2013. Rewrote the section.

§ 565. Repealed. 2013, No. 84, § 1.

History

Former § 565. Former § 565, relating to revocation and suspension of license; enforcement, was derived from 2007, No. 212 (Adj. Sess.), § 2.

§ 566. Rulemaking authority.

  1. The Secretary may adopt rules to provide for the implementation of this chapter and the Program authorized under this chapter, which may include rules to:
    1. require hemp to be tested during growth for tetrahydrocannabinol levels;
    2. authorize or specify the method or methods of testing hemp, including, where appropriate, the ratio of cannabidiol to tetrahydrocannabinol levels or a taxonomic determination using genetic testing;
    3. require inspection and supervision of hemp during sowing, growing season, harvest, storage, and processing;
    4. require labels or label information for hemp products in order to provide consumers with product content or source information or to conform with federal requirements;
    5. establish certification requirements for hemp seed sold or distributed in the State; and
    6. require disclosure or labeling of the amount of cannabinoid known to be present in hemp seed sold or distributed in the State.
  2. The Secretary shall adopt rules establishing how the Agency of Agriculture, Food and Markets will conduct research within the Program for industrial hemp.
  3. The Secretary shall adopt rules establishing requirements for the registration of processors of hemp and hemp-infused products.

    Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84 , § 1; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44 , § 1, eff. May 30, 2019; 2019, No. 129 (Adj. Sess.), § 27.

History

Amendments--2019 (Adj. Sess.). Subdiv. (a)(5): Added.

Subdiv. (a)(6): Added.

Amendments--2019. Subsec. (a): Amended generally.

Subsec. (b): Deleted "pilot" preceding "Program".

Amendments--2017 (Adj. Sess.). Added the subsec. (a) designation and inserted "and the pilot project authorized under this chapter" preceding "which may include" in the first sentence of that subsec., and added subsecs. (b) and (c).

Amendments--2013. Section amended generally.

§ 567. Agency of Agriculture, Food and Markets; testing.

  1. The Agency of Agriculture, Food and Markets shall establish a cannabis quality control program for the following purposes:
    1. to develop potency and contaminant testing protocols for hemp, hemp-infused products, cannabis, and cannabis products as defined in 7 V.S.A. § 831 ;
    2. to verify cannabinoid label guarantees of hemp, hemp-infused products, cannabis, and cannabis products as defined in 7 V.S.A. § 831 ;
    3. to test for pesticides, solvents, heavy metals, mycotoxins, and bacterial and fungal contaminants in hemp, hemp-infused products, cannabis, and cannabis products as defined in 7 V.S.A. § 831; and
    4. to certify testing laboratories that can offer the services in subdivisions (2) and (3) of this subsection.
  2. For purposes of this section, a laboratory operating under a dispensary registration pursuant to 18 V.S.A. chapter 86 that offers the services in subdivisions (2) and (3) of subsection (a) of this section on January 1, 2021 shall be deemed certified by the Agency.
  3. The cost of a test of a product produced at a registered dispensary and submitted to the Agency for the purpose of compliance testing to enforce the provisions of 18 V.S.A. chapter 86 shall be paid by the Department of Public Safety from the registration fee fund provided in 18 V.S.A. § 4474a .

    Added 2017, No. 143 (Adj. Sess.), § 7; amended 2019, No. 164 (Adj. Sess.), § 29, eff. Oct. 7, 2020.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Added the subsec. (a) designation; and added "cannabis, and cannabis products as defined in 7 V.S.A. § 831" in subdivs. (a)(1), (a)(2), and (a)(3).

Subsecs. (b), (c): Added.

§ 568. Test results; enforcement.

  1. If the Secretary or a dispensary registered under 18 V.S.A. chapter 86 tests a hemp crop and the hemp has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis, the person registered with the Secretary as growing the hemp crop shall:
    1. enter into an agreement with a dispensary registered under 18 V.S.A. chapter 86 for the separation of the delta-9 tetrahydrocannabinol from the hemp crop, return of the hemp crop to the person registered with the Secretary, and retention of the separated delta-9 tetrahydrocannabinol by the dispensary;
    2. sell the hemp crop to a dispensary registered under 18 V.S.A. chapter 86; or
    3. arrange for the Secretary to destroy or order the destruction of the hemp crop.
  2. To enforce the provisions of this chapter, the Secretary, upon presenting appropriate credentials, may conduct one or more of the following:
    1. Enter upon any premises where hemp is grown or processed and inspect premises, machinery, equipment and facilities, any crop during any growth phase, or any hemp product or hemp-infused product during processing or storage. Inspection under this section may include the taking of samples, inspection of records, and inspection of equipment or vehicles used in the growing, processing, or transport of hemp crops, hemp products, or hemp-infused products.
    2. Inspect any retail location offering hemp products or hemp-infused products. Inspection under this section may include the taking of samples of such products.
    3. Issue and enforce a written or printed "stop sale" order to the owner or custodian of any hemp crop, hemp product, or hemp-infused product subject to the requirements of this chapter or rules adopted under this chapter that the Secretary finds is in violation of any of the provisions of this chapter or rules adopted under this chapter. An order may prohibit further sale, processing, and movement of the hemp crop, hemp product, or hemp-infused product until the Secretary has approved and issued a release from the "stop sale" order.
  3. A crop or product confirmed by the Secretary to meet the definition of hemp under State or federal law may be sold or transferred in interstate commerce to the extent authorized by federal law.

    Added 2017, No. 143 (Adj. Sess.), § 7; 2019, No. 44 , § 1, eff. May 30, 2019.

History

Amendments--2019. Subsec. (b): Amended generally.

§ 569. Administrative penalties.

  1. Except for violations set forth under subsection (b) of this section, the Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation, for any violation of this chapter or rules adopted under this chapter, including:
    1. failure to provide the location of the land on which the grower grows hemp crops or the processor processes hemp crops into hemp products or hemp-infused products; or
    2. failing to obtain a registration in accordance with section 570 of this title.
  2. The Secretary may assess an administrative penalty, not to exceed $5,000.00 per violation in any case in which the Secretary determines that a grower or processor:
    1. failed to follow a corrective action plan to correct a negligent violation;
    2. has grown or processed hemp in violation of the requirements of this chapter or the rules adopted under this chapter three times in a five-year period; or
    3. has produced hemp in violation of the requirements of this chapter or the rules adopted under this chapter with a culpable mental state greater than negligence.
  3. In determining the amount of the penalty assessed under this section, the Secretary may give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the person alleged to be in violation, and the overall compliance history of the person alleged to be in violation.
  4. The Secretary shall use the following procedure in assessing penalties:
    1. the Secretary shall issue a written notice of violation setting forth facts that would establish probable cause that a violation of this chapter or the rules adopted under this chapter has occurred;
    2. the notice required under subdivision (1) of this subsection shall comply with all of the following:
      1. The notice shall be served by personal service or by certified mail, return receipt requested.
      2. The notice shall advise the recipient of the right to a hearing. If a hearing is requested, the hearing shall be conducted pursuant to 3 V.S.A. chapter 25.
      3. The notice shall state the proposed penalty and shall advise the recipient that, if no hearing is requested, the decision of the Secretary shall become final and a penalty shall be imposed.
      4. The notice shall advise the recipient that they shall have 15 days from the date on which notice is received to request a hearing.
  5. Any party aggrieved by a final decision of the Secretary may appeal to a Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court.

    Added 2019, No. 44 , § 1, eff. May 30, 2019.

§ 570. Registration fees.

  1. A person applying for a registration or renewal under section 564 of this title annually shall pay the following fees:
    1. for an application to grow less than 0.5 acres of hemp for personal use: $25.00;
    2. for an application or renewal of registration to grow or process hemp seed for food oil production, grain crop, fiber, or textile: $100.00;
    3. except as provided for in subdivision (4) of this subsection, for an application or renewal of registration to grow, process, or grow and process hemp commercially for floral material production, viable seed, or cannabinoids, including cannabidiolic acid (CBDA), cannabidiol (CBD), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), or tetrahydrocannabivarin (THCV), the following fee based on the greater of the number of acres planted or the weight of hemp or viable seed processed:

      Acres of Hemp Grown or Fee

      Pounds of Hemp Processed or

      Viable Seed Cultivated

      Annually for Floral Material or

      Cannabinoids

      Less than 0.5 acres or less than 500 pounds $100.00

      0 .5 to 9.9 acres or less than 10,000 pounds $500.00

      10 to 50 acres or less than 50,000 pounds $1,000.00

      Greater than 50 acres or greater than

      50,000 pounds $3,000.00

    4. for an application or renewal of registration to operate exclusively within an indoor facility in order to grow, process, or grow and process hemp commercially for floral material production, viable seed, or cannabinoids, including cannabidiolic acid (CBDA), cannabidiol (CBD), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), or tetrahydrocannabivarin (THCV), the following fee based on the size of the indoor facility:
      1. for a facility with an area of 500 square feet or less: $1,000.00; and
      2. for a facility with an area greater than 500 square feet: $2,000.00.
    5. for an application or renewal of registration as a laboratory certified to conduct testing of hemp and hemp products as part of the Agency's cannabis control program: $1,500.00.
  2. A person registered to grow, process, or grow and process hemp for floral material production, viable seed, or cannabinoids shall not grow more acres of hemp per year than the amount identified in a registration without first notifying the Secretary and paying an additional registration fee if necessary under subsection (a) of this section.
  3. The registration fees collected under this section shall be deposited in the special fund created by subsection 364(e) of this title and shall be used for the administration of the requirements of this chapter.

    Added 2019, No. 44 , § 1, eff. May 30, 2019.

§ 571. Hemp seed; labeling; standards.

  1. A person shall not sell, offer for sale, expose for sale, transport for sale, or distribute in the State hemp seed that:
    1. is not labeled in accordance with the requirements of this section or rules adopted by the Secretary;
    2. fails to meet germination standards, feminized seed claims, or other claims made on the label or in an advertisement or provides false or misleading information on a label or in an advertisement;
    3. fails to meet certification standards if standards have been adopted by the Secretary by rule; or
    4. consists of or contains prohibited noxious weed seeds, as that term is defined in section 641 of this title.
  2. Hemp seed sold, offered for sale, exposed for sale, transported for sale, or distributed in the State shall have a label attached to the bag or container in which the seed is sold, offered for sale, exposed for sale, transported for sale, or distributed. The label shall contain the following information:
    1. the name and kind of each hemp seed present in excess of five percent of the whole percentage by weight;
    2. the origin state or foreign country of the hemp seed;
    3. whether the hemp seed was certified by a state or foreign country;
    4. the percentage by weight of any weed seeds in the container or bag;
    5. the percentage by weight of inert matter in the container or bag;
    6. the percentage of feminized seed;
    7. the percentage of germination of the seed;
    8. the date the seed was packed or packaged; and
    9. the name and address of the person who labeled the hemp seed or who sells, offers for sale, exposes for sale, or distributes the hemp seed in the State.
  3. The Secretary may issue a stop sale order for the violation of the requirements of this section or rules adopted by the Secretary under this chapter. The sale, processing, and movement of any seed subject to a stop sale order is prohibited until the Secretary issues a release from the stop sale order.
  4. A violation of this section or rules adopted by the Secretary under this chapter shall be subject to an administrative penalty under section 569 of this title.
    1. A person injured or damaged by a violation of this section or a rule adopted by the Secretary under this chapter regarding the sale, offer for sale, exposure for sale, transport for sale, or distribution of hemp seed in the State may bring an action for equitable relief or damages arising from the violation. (e) (1)  A person injured or damaged by a violation of this section or a rule adopted by the Secretary under this chapter regarding the sale, offer for sale, exposure for sale, transport for sale, or distribution of hemp seed in the State may bring an action for equitable relief or damages arising from the violation.
    2. The cause of action authorized under this section is in addition to any common law or statutory remedies otherwise available and does not amend or conflict with the powers and authority of the Agency of Agriculture, Food and Markets.
  5. The Secretary may conduct inspections and otherwise enforce requirements for the sale or distribution of hemp seed established under this chapter according to the Secretary's general authority to regulate seed under chapter 35 of this title, provided that the Secretary shall issue any penalty for the violation of the requirements of this chapter under the provisions of this chapter or rules adopted under this chapter.

    Added 2019, No. 129 (Adj. Sess.), § 26.

CHAPTER 35. SEEDS

Subchapter 1. Certification of Seed

§ 611. Service for certification of seed; standards and rules.

  1. The Secretary of Agriculture, Food and Markets shall establish and make available to the people of the State a service for the inspection of fields of potatoes for the purpose of certifying the product thereof for seed purposes. The Secretary shall have authority to establish certification standards which shall specify the maximum percentages of diseases and other defects which will be permitted in fields the product of which is certified for seed. The Secretary shall also have authority to adopt rules regarding the growing, roguing, grading, and shipping of certified seed potatoes and the conditions under which the service shall be available and a certificate granted.
  2. The Secretary of Agriculture, Food and Markets may also make available to the people of the State a service for the certification of seed grains, grass crops, legumes, and vegetables.
  3. This chapter requires the identification of seeds that have been genetically engineered. The purpose of such identification is to help avoid adverse effects on the potential benefits of genetic engineering technologies and on the conservation and sustainable use of biological diversity through the use of such seeds.

    Amended 1999, No. 49 , § 109; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 1, eff. Oct. 1, 2004; 2015, No. 23 , § 72.

History

Source. 1953, No. 141 , § 1. V.S. 1947, § 4595. 1947, No. 202 , § 4542. 1945, No. 79 , § 1. P.L. § 4458. 1933, No. 157 , § 4191. 1929, No. 12 , § 1. 1923, No. 10 , § 1.

2016. See also federal Pub. L. No. 114-216 regarding the labeling of genetically engineered seed, which may preempt provisions of 6 V.S.A. ch. 35 regarding the identification of seeds that have been genetically engineered.

Amendments--2015. Substituted "rules" for "regulations" in the section heading, and "to adopt rules regarding" for "to promulgate rules and regulations regarding" in the last sentence of subsec. (a).

Amendments--2003 (Adj. Sess.). Subsec. (c): Added.

Amendments--2003. Subsec. (a): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first sentence and substituted "secretary" for "commissioner".

Subsec. (b): Substituted "secretary" for "commissioner".

Amendments--1999. Subsec. (a): Substituted "the commissioner" for "he" at the beginning of the second and third sentences.

Subsec. (b): Deleted the second sentence.

Subsecs. (c) and (d): Deleted.

§ 612. Repealed. 2009, No. 33, § 83(c)(3).

History

Former § 612. Former § 612, relating to publication of information regarding standards, regulations, and forms for seeds, was derived from V.S. 1947, § 4596; P.L. § 4459; 1933, No. 157 , § 4192; 1929, No. 12 , § 1; 1923, No. 10 , § 1 and amended by 2003, No. 42 , § 2.

§ 613. Assistants.

The Secretary shall employ assistants to enable him or her to make inspections of potato or other fields enrolled under the rules and regulations referred to.

Amended 1999, No. 49 , § 110; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4597. 1945, No. 79 , § 2. P.L. § 4460. 1933, No. 157 , § 4193. 1929, No. 12 , § 1. 1923, No. 10 , § 1.

Amendments--2003. Substituted "secretary" for "commissioner" preceding "shall employ".

Amendments--1999 Inserted "or her" following "enable him" and deleted the second sentence.

§ 614. Certificates; tags for containers; shipping inspectors.

When the inspections are completed, the Secretary shall issue to growers whose fields qualify for certification under the standards, rules, and regulations adopted a certificate showing the percentage of objectionable diseases found at the time of each inspection and any other information deemed necessary. This certificate shall also contain the standards, rules, and regulations in accordance with which it is issued and shall be signed by the Secretary and the inspectors who made the inspections. At the expense of the owner, the Secretary may issue appropriate tags for use on containers in which certified seed is packed. The Secretary may appoint such persons as he or she deems necessary to serve as shipping inspectors of certified seed potatoes or other certified seeds.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4598. 1945, No. 79 , § 3. P.L. § 4461. 1933, No. 157 , § 4194. 1929, No. 12 , § 1. 1923, No. 10 , § 1.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 615. Shipping inspection.

The Secretary of Agriculture, Food and Markets shall have authority to set up shipping inspection as a part of the certification service.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4599. 1945, No. 79 , § 4. P.L. § 4462. 1933, No. 157 , § 4195. 1929, No. 12 , § 1. 1923, No. 10 , § 1.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

§ 616. Fees.

  1. The Secretary shall have authority to assess growers who apply for the certification privilege a fee per acre, to be paid in one or more installments.
  2. Growers shall be assessed $35.00 for the first five acres inclusive. Over five acres shall be assessed $35.00 plus $3.00 per acre over five acres.
  3. Payment for certification shall be based upon the following schedule:
    1. The application for certification shall be accompanied by 60 percent of the certification fee. The balance, or 40 percent of the certification fee, shall be payable no later than 90 days after the bill is rendered. Certification shall be withheld until all fees have been paid.
    2. The balance, 40 percent, of the certification shall be waived if the field is rejected upon field inspection or if no crop is harvested for reasons beyond the grower's control.

      Amended 1999, No. 49 , § 111; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 7.

History

Source. V.S. 1947, § 4600. 1945, No. 79 , § 5. P.L. § 4463. 1923, No. 10 , § 2.

Amendments--2015 (Adj. Sess.). Subsec. (b): Substituted "$35.00" for "$30.00" following "assessed" and preceding "plus" and "$3.00" for "$2.00" following "plus".

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner".

Amendments--1999 Rewrote the section.

§ 617. Denial of use of certification service.

The Secretary shall also have authority to deny further use of the certification service to a person who, in his or her judgment, has violated the provisions of this subchapter relating to certification of seeds and seed potatoes or regulations made in accordance therewith. Failure upon the part of a grower or shipper of certified seed potatoes or of potatoes enrolled for certification or of other certified seeds to pay for inspections may be considered as a violation within the meaning of this section.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4602. 1945, No. 79 , § 7. P.L. § 4465. 1933, No. 157 , § 4198. 1929, No. 12 , § 2. 1923, No. 10 , § 3.

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

§ 618. Penalty.

A person who by himself or herself or his or her agent uses a certificate, issued by the Secretary, for the purpose of fraudulently selling potatoes or seeds which in fact are not qualified for sale under such certificate, or who knowingly uses a certification tag, issued by the Secretary, on a package the contents of which have not been passed for certification under the provisions of this subchapter shall be fined not more than $200.00 for each offense.

Amended 1999, No. 49 , § 112; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4601. 1947, No. 202 , § 4548. 1945, No. 79 , § 6. P.L. § 4464. 1933, No. 157 , § 4197. 1929, No. 12 , § 2. 1923, No. 10 , § 3.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1999 Inserted "or herself" preceding "or his" and "or her" thereafter and substituted "$200.00" for "$100.00".

Subchapter 2. Seed Standards

History

Citation of subchapter. 1959, No. 139 , § 11, provided: "This act may be cited as the 'Vermont Seed Law' ".

§ 641. Definitions.

As used in this chapter:

  1. "Agricultural seed" includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized as agricultural seeds, lawn seeds, and combinations of such seeds, and may include noxious weed seeds used as agricultural seed.
  2. "Secretary" means the Secretary of Agriculture, Food and Markets or his or her designee.
  3. "Agency" means the Agency of Agriculture, Food and Markets.
  4. "Flower seed" includes seed of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seed.
  5. "Labeling" includes tags or other devices attached to, or written, stamped, or printed on any container or accompanying any lot of seeds.
  6. "Noxious weed seeds" include:
    1. "Prohibited noxious weed seeds," or those weed seeds which are prohibited from being present in agricultural and vegetable seed.  They are the seeds of weeds which are highly destructive and difficult to control by good cultural practices and the use of herbicides.
    2. The term "restricted noxious weed seeds," or those weed seeds which are objectionable in agricultural crops, lawns, and gardens of this State and which are difficult to control by good cultural practices or the use of herbicides.
  7. "Vegetable seeds" include the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State.
  8. "Weed seeds" mean the seeds of all plants generally recognized as weeds within this State, and include noxious weed seeds.
  9. "Genetically engineered (GE) seed" means seed produced using a variety of methods, as identified by the National Organic Program of the U.S. Department of Agriculture, used to modify genetically organisms or influence their growth and development by means that are not possible under natural conditions or processes. Such methods include cell fusion, microencapsulation and macroencapsulation, and recombinant DNA technology (including gene deletion, gene doubling, introducing a foreign gene, and changing the positions of genes when achieved by recombinant DNA technology). Such methods do not include the use of traditional breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture.
  10. "Genetically engineered plant part" means a whole plant or plant part, including scions intended for planting, which contains material derived from a GE seed or is itself produced using the methods described in subdivision (9) of this section.

    Added 1989, No. 85 , § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 2, eff. Oct. 1, 2004.

History

Amendments--2003 (Adj. Sess.). Subdiv. (5): Deleted "bulk" preceding "seeds" at the end.

Subdivs. (9), (10): Added.

Amendments--2003. Subdiv. (2): Substituted "Secretary" for "Commissioner" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Subdiv. (3): Substituted "Agency" for "Department" and "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Amendments--1989 (Adj. Sess.) Substituted "department of agriculture, food and markets" for "department of agriculture" in subdiv. (3).

§ 642. Duties and authority of the Secretary.

  1. The Secretary shall enforce and carry out the provisions of this subchapter, including:
    1. Sampling, inspecting, making analysis of, and testing seeds subject to the provisions of this subchapter that are transported, sold, or offered or exposed for sale within the State for sowing purposes.  The Secretary shall notify promptly a person who sells, offers, or exposes seeds for sale and, if appropriate, the person who labels or transports seeds, of any violation and seizure of the seeds, or order to cease sale of the seeds under section 643 of this title.
    2. Making or providing for purity and germination tests of seed for farmers and dealers on request and to fix and collect charges for the tests made.
    3. Cooperating with the U.S. Department of Agriculture and other agencies in seed law enforcement.
    4. Prior to sale, distribution, or use of a new genetically engineered seed in the State and after consultation with a seed review committee convened under subsection (c) of this section, review the traits of the new genetically engineered seed. The Secretary may prohibit, restrict, condition, or limit the sale, distribution, or use of the seed in the State when determined necessary to prevent an adverse effect on agriculture in the State.
  2. The Secretary shall establish rules to carry out the provisions of this subchapter, including those governing the methods of sampling, inspecting, analyzing, testing, and examining seeds and reasonable standards for seed.
    1. The Secretary shall convene a seed review committee to review the seed traits of a new genetically engineered seed proposed for sale, distribution, or use in the State. (c) (1)  The Secretary shall convene a seed review committee to review the seed traits of a new genetically engineered seed proposed for sale, distribution, or use in the State.
    2. A seed review committee convened under this subsection shall be composed of the Secretary of Agriculture, Food and Markets or designee and the following members appointed by the Secretary:
      1. a certified commercial agricultural pesticide applicator;
      2. an agronomist or relevant crop specialist from the University of Vermont or Vermont Technical College;
      3. a licensed seed dealer; and
      4. a member of a farming sector affected by the new genetically engineered seed.
    3. A majority of the seed review committee must approve of the sale, distribution, or use of a new genetically engineered seed prior to sale, distribution, or use in the State. In order to ensure the appropriate use or traits of a new genetically engineered seed in the State, a seed review committee may propose to the Secretary limits or conditions on the sale, distribution, or use of a seed or recommend a limited period of time for sale of the seed.

      Added 1989, No. 85 , § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 83 , § 18.

History

Amendments--2019. Added subdiv. (a)(4) and subsec. (c).

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 643. Enforcement.

  1. To enforce the provisions of this subchapter, the Secretary, upon presenting appropriate credentials, may:
    1. Enter upon any premises where seeds are processed, packed, or held for distribution, during regular business hours, in order to have access to seeds and associated records subject to this subchapter, and inspect any truck or other conveyor by land, water, or air, at any time when the conveyor is accessible, for the same purpose.
    2. Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of seed subject to the provisions of this subchapter which the Secretary finds is in violation of any of the provisions of this subchapter.  The order shall prohibit further sale, processing, and movement of the seed, except on approval of the Secretary, until the Secretary has issued a release from the "stop sale" order of the seed.  The owner or custodian of seed for which a "stop sale" has been issued shall have the right to request a hearing in writing before the Secretary within 15 days of the issuance of the order.
  2. This section shall not be construed to limit the authority of the Secretary to obtain a search warrant.

    Added 1989, No. 85 , § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

§ 644. Label requirements for agricultural, flower, and vegetable seeds.

  1. Each container of agricultural, flower, and vegetable seeds which is sold in this State for sowing purposes shall be labeled.
    1. All labels shall include:
      1. the name of the kind of each agricultural, flower, grass, and vegetable seed present;
      2. the lot number or other lot identification;
      3. for agricultural and grass seed, the percent by weight of all weed seeds, crop seeds, and inert matter;
      4. the percent germination of agricultural and grass seed, exclusive of hard seed, the percentage by weight of hard seed, and the calendar month and year the test was completed;
      5. the name and address of labeler or distributor.
    2. For all seeds that have been treated, the label shall include a word or statement indicating that the seed has been treated with the commonly accepted chemical or abbreviated chemical name of the applied substance.  A caution statement shall be set forth if the substance in the amount present is harmful to human or other vertebrate animals.  The caution for toxic substances shall be a poison statement or symbol.
    3. For seed treated with an inoculant, the label shall state the date of expiration of the inoculant.
    4. For all seed containing genetically engineered material, the manufacturer or processor shall cause the label or labeling to specify the identity and relevant traits or characteristics of such seed, plus any requirements for their safe handling, storage, transport, and use, the contact point for further information and, as appropriate, the name and address of the manufacturer, distributor, or supplier of such seed.
  2. The Secretary may adopt rules for labeling procedures consistent with the provisions of this section, which take into account: origin, presence of weed seed, mixtures, hermetically sealed containers, coated seed, "crop seeds," genetically engineered material, genetically engineered plant parts, hybrids, germination medium, and preplanted containers.

    Added 1989, No. 85 , § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 3, eff. Oct. 1, 2004; 2003, No. 149 (Adj. Sess.), § 13, eff. Oct. 2, 2004.

History

2005. In subsec. (b), substituted "adopt" for "develop" to more accurately indicate the rule-making process.

Amendments--2003 (Adj. Sess.). Subdiv. (a)(4): Added by Act No. 97.

Subdiv. (a)(4): Amended by Act No. 149.

Subsec. (b): Inserted "genetically engineered material, genetically engineered plant parts" preceding "hybrids".

Amendments--2003. Subsec. (b): Substituted "secretary" for "commissioner".

Cross References

Cross references. Exemptions, see § 646 of this title.

§ 645. Records.

Each person whose name appears on a label as handling agricultural, flower, or vegetable seed subject to this subchapter shall keep for a period of two years complete records of each lot of agricultural, flower, and vegetable seed handled, and keep for one year a file sample of each lot of seed after final disposition of the lot. All records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Secretary during customary business hours under section 643 of this title.

Added 1989, No. 85 , § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in the second sentence.

Cross References

Cross references. Exemptions, see § 646 of this title.

§ 646. Exemptions.

  1. The provisions of sections 644, 645, and 647 of this title shall not apply:
    1. To seed or grain not intended for sowing purposes.
    2. To seed in storage in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing, provided that the invoice or labeling accompanying any shipment of such seed bears the statement "seeds for processing." Any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to section 644 of this title.
    3. To any carrier of seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided that such carrier is not engaged in producing, processing, or marketing seeds subject to the provisions of this subchapter.
  2. No person shall be subject to the penalties of this subchapter for having sold or offered for sale seeds subject to provisions of this subchapter which were incorrectly labeled or represented as to kind, species and subspecies, variety, type, or origin, unless the person has failed to obtain an invoice, genuine grower's declaration, or other labeling information, or to take such other reasonable precautions to ensure that the identity of the seed is set forth.  "Genuine grower's declaration" means a statement signed by the grower which gives for each lot of seed the lot number, kind, variety (if known), origin, weight, year of production, date of shipment, and to whom the shipment was made.

    Added 1989, No. 85 , § 2.

§ 647. Administrative penalties.

  1. The Secretary may assess administrative penalties, not to exceed $250.00 for each offense, in any case he or she determines that a person has committed any of the following violations:
    1. sold seed products without paying the seed inspection fees for hundredweight or seed registration under section 648 of this title;
    2. sold seed products within the State of Vermont found deficient in guarantee analysis, and labeling as defined by rule; or
    3. violated a stop sale order.
  2. In determining the amount of the penalty assessed under this subsection, the Secretary shall consider the appropriateness of the penalty with respect to the size of the business being penalized, the gravity of the violation, the good faith of the person, and overall history of prior violations.
  3. The Secretary shall use the following procedure in assessing penalties:
    1. a written notice of violation shall be issued setting forth facts establishing probable cause that a violation has occurred. The notice shall be served by personal service or by certified mail, return receipt requested;
    2. the notice shall advise the person of the right to a hearing before the Secretary.  If a hearing is requested, it shall be conducted pursuant to 3 V.S.A. chapter 25;
    3. the notice shall identify the proposed penalty and declare that the decision shall become final and the penalty imposed if no hearing is requested; and
    4. the recipient of the notice shall have 15 days from the date on which notice is received to request a hearing.
  4. Any party aggrieved by the decision of the Secretary after hearing may appeal to a Superior Court within 30 days of the decision by the Secretary.
  5. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court.  The Secretary may, subject to the provisions of 3 V.S.A. chapter 25, suspend or revoke the right to sell seed in this State pursuant to this chapter for failure to pay a penalty within 60 days after the penalty becomes final.
  6. Each violation shall be a separate and distinct offense.  In the case of a continuing violation, each day's continuance shall be deemed a separate and distinct offense.

    Added 1989, No. 85 , § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. In subdiv. (a)(1), substituted "section 648" for "section 649" to correct an error in the reference.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Exemptions, see § 646 of this title.

Imposition and collection of administrative penalties, see §§ 15-17 of this title.

§ 648. Inspections.

  1. Inspection fees shall be paid to the Secretary by a manufacturer or processor that distributes seed in the State. Fees shall be established as follows:
    1. $10.00 per ton for any seed sold in containers of more than ten pounds;
    2. a flat fee of $85.00 per company for any seed sold.
  2. The following shall be exempt from the inspection fee requirements:
    1. seed not intended for sowing purposes;
    2. seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; and
    3. seed grown, sold, and delivered by a producer on his or her own premises for seeding purposes to the ultimate consumer, provided such seed has neither been advertised for sale nor been delivered via commercial carrier, and provided the seed contains no prohibited noxious weed seeds or not more than one restricted noxious weed seed per 2,000 of the seeds being sold.
  3. For those seeds sold in containers of more than ten pounds, a report shall be filed annually on January 15 on forms supplied by the Secretary regarding sales during the previous calendar year, and fees based on the $10.00 per ton rate shall accompany the report. Reporting periods are January 1-June 30 and July 1-December 31.
  4. For those seeds sold in containers of ten pounds or less, the fee of $85.00 per company shall be paid annually prior to distribution in the State. Fees shall be paid annually on January 1.
  5. All fees shall be deposited in the special fund created by subsection 364(e) of this title and used in accordance with its provisions.
  6. The Secretary may waive seed inspection fees under this chapter, based on the number of seed varieties sold, and for the sale of heirloom seed varieties.
  7. For seeds sold in Vermont that contain genetically engineered material, the manufacturer or processor distributing such seed in Vermont shall report annually on or before February 15 to the Secretary on forms supplied by the Secretary regarding sales during the previous calendar year.
  8. For agricultural seeds sold in Vermont, the manufacturer or processor distributing the seed in Vermont shall report annually on or before February 15 to the Secretary on forms supplied by the Secretary regarding the quantity of treated article seed and the quantity of untreated seed sold in Vermont during the previous calendar year.

    Added 1989, No. 85 , § 2; amended 1993, No. 13 , § 3; 1999, No. 49 , § 113; 2001, No. 143 (Adj. Sess.), § 36b, eff. June 21, 2002; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 4, eff. Oct. 1, 2004; 2015, No. 149 (Adj. Sess.), § 8; 2017, No. 74 , § 7; 2019, No. 64 , § 1.

History

Amendments--2019. Subsec. (g): Substituted "or before February" for "January".

Subsec. (h): Added.

Amendments--2017. Subsec. (c): Substituted "$10.00 per ton" for "35 cent per hundredweight" preceding "rate".

Subsec. (d): Substituted "$85.00" for "$75.00" preceding "per company" in the first sentence.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(1): Substituted "$10.00 per ton" for "thirty-five cents per hundredweight" preceding "for any".

Subdiv. (a)(2): Substituted "$85.00" for "$75.00" preceding "per company".

Amendments--2003 (Adj. Sess.). Subsec. (g): Added.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Subsec. (c): Substituted "annually on January 15" for "semi-annually on August 1 and February 1" following "be filed" and inserted "regarding sales during the previous calendar year," following "commissioner".

Amendments--1999 Substituted "$75.00" for "$50.00" in subdiv. (a)(2) and subsec. (d), and rewrote subsec. (e).

Amendments--1993 Subdiv. (a)(2): Deleted "in containers of ten pounds or less" following "sold".

Cross References

Cross references. Fees for reinspections, see § 9 of this title.

§ 649 , 650. [Reserved for future use.].

History

Former §§ 651-672. Former §§ 651-661 had been previously repealed by 1959, No. 139 , § 12.

For present provisions relating to seed standards, see § 641 et seq. of this title.

Former § 662, relating to definitions, was derived from 1959, No. 139 , § 1, eff. Jan. 1, 1960.

Former § 663, relating to the enforcing official, was derived from 1959, No. 139 , § 2, eff. Jan. 1, 1960.

Former § 664, relating to label requirements, was derived from 1959, No. 139 , § 3, eff. Jan. 1, 1960.

Former § 665, relating to prohibitions, was derived from 1959, No. 139 , § 4, eff. Jan. 1, 1960.

Former § 666, relating to records, was derived from 1959, No. 139 , § 5, eff. Jan. 1, 1960.

Former § 667, relating to exemptions, was derived from 1959, No. 139 , § 6, eff. Jan. 1, 1960.

Former § 668, relating to duties and authority of enforcing official, was derived from 1959, No. 139 , § 7, eff. Jan. 1, 1960.

Former § 669, relating to seizure, was derived from 1959, No. 139 , § 8, eff. Jan. 1, 1960.

Former § 670, relating to injunctions, was derived from 1959, No. 139 , § 9, eff. Jan. 1, 1960.

Former § 671, relating to violations and prosecutions, was derived from 1959, No. 139 , § 10, eff. Jan. 1, 1960.

Former § 672, relating to inspections, was derived from 1959, No. 139 , § 11, eff. Jan. 1, 1960; amended 1975, No. 220 , (Adj. Sess.), § 3.

§§ 651-672. Repealed. 1989, No. 85, § 1.

CHAPTER 37. UNIT PRICING

Sec.

§ 681. Definitions.

As used in this chapter:

  1. "Secretary" means the Secretary of Agriculture, Food and Markets.
  2. "Consumer commodity" means any food, drug, device, or cosmetic and other article, product, or commodity of any other kind or class, except for drugs sold only by prescription:
    1. which are customarily produced for sale to retail sales agencies or instrumentalities for consumption by individuals, for use by individuals for purposes of personal care, or in the performance of services ordinarily rendered in or around the household; and
    2. which usually are consumed or expended in the course of such consumption or use.
  3. "Unit price" of a consumer commodity means the retail price of a consumer commodity expressed in terms of the retail price of such commodity per such unit of weight, measure, or count as the Secretary designates, computed to the nearest whole cent or fraction thereof as the Secretary designates.

    1971, No. 240 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subdiv. (1): Substituted "Secretary" for "Commissioner" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets"

Subdiv. (3): Substituted "secretary" for "commissioner" preceding "designates" in two places.

§ 682. Consumer information required.

  1. Every person who sells, offers for sale, or exposes for sale at retail any aluminum foil, bread, carbonated soft drinks, cereals, cooking oils, dog or cat food, facial tissues, fish, fowl, fruits, grains, meats, napkins, plastic food wrapping, vegetables, waxed paper, or other consumer commodity designated by the Secretary shall disclose to the consumer the unit price of the consumer commodity as provided in this chapter.
  2. Every person who sells, offers for sale, or exposes for sale at retail any consumer commodity shall disclose to the consumer the total price of the consumer commodity as provided in this chapter.

    1971, No. 240 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" preceding "shall disclose".

§ 683. Means of disclosure.

Persons subject to the requirements of section 682 of this title shall disclose the unit price and total price to consumers in one or more of the following appropriate ways:

  1. if the consumer commodity is so located that it is not conspicuously visible to the consumer, or if the consumer commodity is so located that the price information if displayed in accordance with subdivision (2) of this section would not be conspicuously visible to the consumer, by a sign or list bearing the price information, conspicuously placed near the point of procurement; or
  2. by attachment of a stamp, tag, or label directly adjacent to the consumer commodity, on the shelf on which the commodity is displayed, or by stamping or affixing the price information on the commodity itself; or
  3. in accord with regulations adopted by the Secretary.

    1971, No. 240 (Adj. Sess.), § 3, amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

2005. In subdiv. (2), substituted "adopted" for "promulgated" to more accurately indicate the rule-making process.

Amendments--2003. Subdiv. (3): Substituted "secretary" for "commissioner".

§ 684. Repealed. 1973, No. 50.

History

Former § 684. Former § 684, relating to advertising, was derived from 1971, No. 240 (Adj. Sess.), § 4.

§ 685. Secretary's powers.

The Secretary shall:

  1. Designate by regulation those consumer commodities in addition to the consumer commodities specifically enumerated in subsection 682(a) of this title as to which display of the unit price shall be required, upon a determination that such display will be in the best interests of consumers.
  2. Designate by regulation the unit of weight, measure, or count in terms of which the unit price of each consumer commodity shall be expressed, provided that no designated unit shall be such as to require persons subject to the provisions of subsection 682(a) of this title to measure any consumer commodity solely for the purpose of complying with subsection 682(a) of this title.
  3. Designate by regulation whether the unit price of each consumer commodity subject to the provisions of subsection 682(a) of this title shall be expressed to the nearest whole cent or to an appropriate fraction thereof.
  4. Exempt by regulation classes of retail establishments from any or all requirements of this chapter upon a determination that, because sales of consumer commodities regulated by this chapter are purely incidental to the business of such classes of retail establishments, compliance with this chapter is impracticable and unnecessary for adequate protection of consumers.
  5. Prescribe by regulation means for the disclosure of price information upon determination that they are more effective than those prescribed in section 683 of this title.
  6. Adopt any other regulations necessary to effectuate the provisions of this chapter, in accordance with the best interests of consumers.
  7. Adopt regulations addressing the method of price disclosure in the sale of home food service plans, including not only the price of the commodities sold, but the service costs or membership fees associated with such a purchase. These regulations shall take precedence over any uniform regulation adopted by the National Conference on Weights and Measures and published by the National Institute of Standards and Technology.

    Added 1971, No. 240 (Adj. Sess.), § 5; amended 1991, No. 200 (Adj. Sess.); 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Deleted "and" at the end of subdiv. (5) and substituted "; and" for the period at the end of subdiv. (6) in view of the addition of subdiv. (7) by 1991, No. 200 (Adj. Sess.).

Subsec. designation at beginning of section deleted to conform section to V.S.A. style.

In subdiv. (4), substituted "chapter" for "act" following "requirements of this" to conform reference to V.S.A. style.

Amendments--2003. Substituted "secretary" for "commissioner".

Amendments--1991 (Adj. Sess.) Subdiv. (7): Added.

Cross References

Cross references. Procedure for adoption of Administrative rules, see 3 V.S.A. § 801 et seq.

§ 686. Exceptions.

The requirements of this chapter shall not apply to sales of consumer commodities:

  1. At a retail store with less than 7,000 square feet of floor space dedicated to the sale of consumer commodities.  This exception shall not apply to the sales agencies or instrumentalities of a company having two or more sales agencies or instrumentalities as parts of that company.
  2. For use or consumption on the premises where sold.

    1971, No. 240 (Adj. Sess.), § 6; amended 1989, No. 198 (Adj. Sess.), § 1, eff. Jan. 1, 1991.

History

Revision note. In subdiv. (1), substituted "subdivision" for "subparagraph" in two places to conform references to V.S.A. style.

Amendments--1989 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Cited. State v. Shop and Save Food Markets, 138 Vt. 332, 415 A.2d 235 (1980).

§ 687. Penalty.

A person who violates this chapter shall be fined not more than $500.00.

1971, No. 240 (Adj. Sess.), § 7.

PART 3 Licensing of Dealers, Auctions, and Warehouses

CHAPTER 61. DEALERS IN EGGS

Sec.

Cross References

Cross references. Grades, standards and labeling of eggs, see § 351 et seq. of this title.

§§ 691-708. Repealed. 1999, No. 49, § 114(1).

History

Former §§ 691-708. Former § 691, relating to definitions, was derived from 1955, No. 275 , § 2; 1953, No. 237 , § 19 and amended by 1975, No. 15 , § 1.

Former § 692, relating to license requirement, was derived from 1953, No. 237 , § 1 and amended by 1975, No. 15 , § 2.

Former § 693, relating to exemptions from license, was derived from 1953, No. 237 , § 6 and amended by 1975, No. 15 , § 3.

Former § 694, relating to business statements and surety bond, was derived from 1955, No. 275 , §§ 1, 2; 1953, No. 237 , §§ 10, 16 and amended by 1975, No. 15 , § 4.

Former § 695, relating to commissioner as trustee, was derived from 1955, No. 275 , § 2; 1953, No. 237 , § 11.

Former § 696, relating to appointment of secretary of state for service of process, was derived from 1955, No. 275 , § 2; 1953, No. 237 , § 12.

Former § 697, relating to license number plates, was derived from 1953, No. 237 , § 2 and amended by 1975, No. 15 , § 5.

Former § 698, relating to display of number plates, was derived from 1953, No. 237 , § 3.

Former § 699, relating to possession of license, was derived from 1953, No. 237 , § 4.

Former § 700, relating to license fee, was derived from 1953, No. 237 , § 5 and amended by 1975, No. 15 , § 6; 1975, No. 220 (Adj. Sess.), § 4; 1989, No. 257 (Adj. Sess.), § 5.

Former § 701, relating to revocation of license, was derived from 1953, No. 237 , § 9.

Former § 702, relating to bill of sale, was derived from 1953, No. 237 , § 7.

Former § 703, relating to payments to patrons, was derived from 1955, No. 275 , § 2; 1953, No. 237 , § 13 and amended by 1975, No. 15 , § 7.

Former § 704, relating to nonpayment and forfeiture of bond, was derived from 1955, No. 275 , § 2; 1953, No. 237 , § 14.

Former § 705, relating to proceedings for recovery of indebtedness, was derived from 1955, No. 275 , § 2; 1953, No. 237 , § 15.

Former § 706, relating to regulations, was derived from 1953, No. 237 , § 8.

Former § 707, relating to disposition of moneys received, was derived from 1955, No. 275 , § 3; 1953, No. 237 , § 12 and amended by 1983, No. 195 (Adj. Sess.), § 5(b).

Former § 708, relating to penalty for violations of any provision of this chapter, was derived from 1955, No. 275 , § 3; 1953, No. 237 , § 11 and amended by 1975, No. 15 , § 8.

CHAPTER 63. LIVESTOCK-RELATED BUSINESSES, AUCTIONS, AND SALES RINGS

Sec.

History

Amendments--2017. 2017, No. 30 , § 1, substituted "Livestock-Related Businesses" for "Livestock Dealers" in the chapter heading.

Cross References

Cross references. Control of contagious livestock diseases, see § 1151 et seq. of this title.

Livestock brands, see § 4011 et seq. of this title.

Transportation of animals, see 13 V.S.A. § 381 et seq.

§ 761. Definitions.

As used in this chapter:

  1. "Livestock" means cattle, horses, sheep, swine, goats, camelids, fallow deer, red deer, reindeer, and American bison.
  2. "Livestock dealer" means a person going from place to place buying, selling, or transporting livestock, or operating a livestock auction or sales ring, either on the person's own account or on commission, except:
    1. a federal agency, including any department, division, or authority within the agency; or
    2. a nonprofit association approved by the Secretary.
  3. "Packer" means a livestock dealer who is solely involved in the purchase of livestock for purpose of slaughter at his or her own slaughter facility.
  4. "Person" means any individual, partnership, unincorporated association, or corporation.
  5. "Transporter" means a livestock dealer who limits his or her activity to transporting livestock for remuneration. A transporter cannot buy or sell livestock and is not required to be bonded.

    Amended 1959, No. 91 , § 1, eff. April 7, 1959; 1993, No. 74 , § 1; 1995, No. 72 (Adj. Sess.), § 1, eff. Feb. 14, 1996; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 1.

History

Source. 1949, No. 112 , § 1. V.S. 1947, § 4854. 1945, No. 81 , § 1.

Amendments--2017. Subdiv. (2): Substituted "the person's" for "their"; deleted "State Breed Associations recognized as such by the Secretary of Agriculture, Food and Markets" after "except" and added a colon and the subdiv. (A) and (B) designations after "except".

Amendments--2003. Subdiv. (2): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1995 (Adj. Sess.) Section amended generally.

Amendments--1993 Deleted "and" preceding "swine" and added "goats, camelids, fallow deer, red deer and bison; the word "packer" means a livestock dealer who is solely involved in the purchase of livestock for purpose of slaughter at his or her own slaughter facility" thereafter.

Amendments--1959 Amended section generally.

ANNOTATIONS

1. Transporters.

A person transporting but not buying or selling livestock falls within the definition of a livestock dealer. 1952-54 Op. Atty. Gen. 36.

§ 762. License; fee.

  1. A person shall not carry on the business of a livestock dealer, packer, or transporter without first obtaining a license from the Secretary of Agriculture, Food and Markets. Before the issuance of a license, a person shall file with the Secretary an application for a license on forms provided by the Agency. Each application shall be accompanied by a fee of $175.00 for livestock dealers and packers and $100.00 for livestock transporters.
  2. The Secretary may deny any application for a livestock dealer, packer, or transporter license, after notice and an opportunity for a hearing, whenever the applicant is a person or a representative of a person who has had a livestock dealer, packer, or transporter license suspended or revoked by any state, including Vermont, or any foreign country during the preceding five years or who has been convicted of violating statutes, rules, or regulations of any state or the federal government pertaining to the sale or transportation of livestock or the control of livestock disease. The applicant shall be informed of any denial by letter, which shall include the specific reasons for the denial. The applicant shall have 15 days in which to petition the Secretary for reconsideration. The petition shall be submitted in writing, and the Secretary in his or her discretion may hold a further hearing on the petition for reconsideration. Thereafter, the Secretary shall issue or deny the license and shall inform the applicant in writing of his or her decision and the reasons therefor.
  3. The Livestock Special Fund is established under and shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5. All funds received under this section shall be deposited in the Livestock Special Fund for use by the Agency for administration of livestock programs.

    Amended 1959, No. 91 , § 2, eff. April 7, 1959; 1975, No. 220 (Adj. Sess.), § 5; 1981, No. 8 , eff. March 20, 1981; 1989, No. 257 (Adj. Sess.), § 6; 1995, No. 186 (Adj. Sess.), § 7, eff. May 22, 1996; 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 72 , § 18; 2015, No. 149 (Adj. Sess.), § 9; 2017, No. 30 , § 1.

History

Source. 1955, No. 188 , § 1. V.S. 1947, § 4855. 1947, No. 202 , § 4805. 1945, No. 81 , § 2.

Amendments--2017. Section amended generally.

Amendments--2015 (Adj. Sess.). Subsec. (a): Substituted "$175.00" for "$150.00" following "a fee of" and "$100.00" for "$75.00" preceding "for persons".

Amendments--2013 Subsec. (a): Substituted "Secretary" for "Secretary of Agriculture, Food and Markets" in the first sentence, and "$150.00" for "$100.00" and "$75.00" for "$30.00" in the last sentence.

Amendments--2003. Substituted "secretary" for "commissioner".

Subsecs. (a) and (c): Substituted "agency" for "department".

Amendments--1995 (Adj. Sess.) Subsec. (a): In the third sentence, substituted "$100.00" for "$50.00" and "$30.00" for "$20.00".

Subsec. (c): Added.

Amendments--1989 (Adj. Sess.) Subsec. (a): Rewrote the second and third sentences.

Amendments--1981 Designated existing provisions of section as subsec. (a) and added subsec. (b).

Amendments--1975 (Adj. Sess.) Rewrote the section catchline and substituted "$20.00" for "$5.00" following "fee of" at the end of the section.

Amendments--1959 Substituted "a livestock dealer" for "buying, selling or transporting cattle, sheep or swine, or operating a livestock auction or sales ring" following "business of" in the first sentence and "residence" for "resident" preceding "and business" and "livestock" for "cattle, sheep or swine" following "persons handling" in the second sentence.

Cross References

Cross references. Cancellation of license, see § 769 of this title.

Exemption of certain livestock dealers from wholesale distributor license requirement, see § 3306(g) of this title.

Exemption from license, see § 763 of this title.

ANNOTATIONS

1. Interstate commerce.

License requirement is not an undue burden on interstate commerce. 1958-60 Op. Atty. Gen. 36.

Cited. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983).

§ 763. Exemptions from license.

The provisions of section 762 of this title relative to requiring a license shall not apply to a farmer going from place to place buying or selling livestock in the regular operation of his or her farm business.

Amended 1959, No. 91 , § 5, eff. April 7, 1959; 2017, No. 30 , § 1.

History

Source. 1955, No. 188 , § 3. V.S. 1947, § 4860. 1945, No. 81 , § 7.

Amendments--2017. Inserted "or her" following "of his".

Amendments--1959 Substituted "livestock" for "cattle, sheep or swine" following "or selling".

Cross References

Cross references. Exemption of certain livestock dealers from wholesale distributor license requirement, see § 3306(g) of this title.

§ 764. Bond.

  1. Before the Secretary issues a livestock dealer or packer license under this chapter, an applicant shall furnish the Secretary with a surety bond in the amount of not less than $10,000.00 executed by a surety company authorized to do business in this State.
  2. [Repealed.]
  3. All bonds required under this section shall be in the form required under 9 C.F.R. § 201.30, as amended over time. In lieu of a surety bond required under this section, the Secretary may accept a financial instrument or alternate form of surety authorized under 9 C.F.R. § 201.30.
  4. -(g)  [Repealed.]

    Amended 1959, No. 91 , § 3, eff. April 7, 1959; 1961, No. 38 ; 1973, No. 76 , § 1, eff. April 13, 1973; 1983, No. 36 ; 1987, No. 17 ; 1989, No. 15 ; 1993, No. 74 , §§ 2, 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 1.

History

Source. 1955, No. 188 , § 2. 1949, No. 112 , § 2. V.S. 1947, § 4856. 1945, No. 81 , § 3.

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1993 Subsec. (f): Deleted the second sentence.

Subsec. (g): Added.

Amendments--1989 Subsec. (f): Inserted "fund" preceding "agreement, or" and "a packers and stockyards administration trust agreement which includes" thereafter in the first sentence and substituted "commissioner" for "issuing bank" preceding "serves as" in the second sentence.

Amendments--1987 Subsec. (f): Added.

Amendments--1983 Subsec. (a): Substituted "$10,000.00" for "$5,000.00" preceding "executed".

Amendments--1973 Subsec. (a): Substituted "not less than $5,000.00" for "$2,500.00" preceding "executed".

Subsec. (b): Inserted "based on the volume of his purchases, but" preceding "not to exceed" and substituted "$150,000.00" for "$25,000.00" thereafter.

Subsec. (c): Substituted "a harmful" for "the wilful, malicious or wrongful" following "injured by" in the second sentence.

Subsec. (d): Inserted "based on the volume of his purchases" preceding "but not to exceed" and substituted "$150,000.00" for "$25,000.00" thereafter.

Amendments--1961 Subsec. (e): Added.

Amendments--1959 Section amended generally.

ANNOTATIONS

Cited. , 1958-60 Op. Atty. Gen. 36.

§§ 764a, 765. Repealed. 2017, No. 30, § 1.

History

Former §§ 764a, 765. Former § 764a, relating to claims, was derived from 2003, No. 42 , § 2.

Former § 765, relating to exemptions from bond, was derived from 1955, No. 188 , § 3; V.S. 1947, § 4860; 1945, No. 81 , § 7 and amended by 1959, No. 91 , § 5.

§ 766. Repealed. 1989, No. 257 (Adj. Sess.), § 22.

History

Former § 766. Former § 766, relating to form of license, was derived from 1955, No. 188 , § 2. 1949, No. 112 , § 2. V.S. 1947 § 4856. 1945, No. 81 , § 3.

§ 767. Possession of license; expiration date; licenses not transferable.

  1. A livestock dealer, packer, or transporter shall keep a copy of the license required under this chapter in his or her possession. At the time of the initial issuance of the license, the Secretary shall issue to the dealer, packer, or transporter a unique vehicle plate for each applicable conveyance used by the licensee to contain or transport livestock. The dealer, packer, or transporter shall attach the vehicle plate to each applicable conveyance. All such plates shall be removed from the conveyance immediately after expiration of the license.
  2. [Repealed.]
  3. A livestock dealer license, packer license, or transporter license shall not be transferred.

    Amended 1959, No. 91 , § 3, eff. April 7, 1959; 1963, No. 3 ; 1975, No. 220 (Adj. Sess.), § 6; 1993, No. 74 , § 4; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 1.

History

Source. 1955, No. 188 , § 2. 1949, No. 112 , § 2. V.S. 1947, § 4856.

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Subsec. (a): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in the second sentence.

Amendments--1993. Subsec. (a): Inserted "or her" preceding "possession and" and substituted "one number plate" for "two number plates" thereafter in the first sentence, and substituted "plate" for "plates" following "number" and "vehicle as regulated by the department of agriculture" for "vehicles so as to be plainly visible from the rear" following "attached to the" in the second sentence and "all such plates" for "they" preceding "shall be removed" in the third sentence.

Amendments--1975 (Adj. Sess.). Subsec. (b): Substituted "$2.50" for "$1.00".

Amendments--1963. Section amended generally.

Amendments--1959. Substituted "livestock" for "cattle, horses, sheep or swine" following "transportation of" in the first sentence.

§ 768. Duties of dealers, transporters, and packers.

A livestock dealer, transporter, or packer licensed under section 762 of this title shall:

  1. Maintain in a clean and sanitary condition all premises, buildings, and conveyances used in the business of buying, selling, or transporting livestock or operating a livestock auction or sales ring.
  2. Submit premises, buildings, and conveyances to inspection and livestock to inspection and test at any and such times as the Secretary may deem it necessary and advisable.
  3. Allow no livestock on livestock dealer's premises from herds or premises quarantined by the Secretary of Agriculture, Food and Markets.
    1. Maintain, subject to inspection by the Secretary of Agriculture, Food and Markets or his or her agent, a record compliant with applicable State and federal statutes, rules, and regulations specified by the Secretary, including the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86. When not required under the requirements set forth in State and federal statute, the records required under this subdivision shall include: (4) (A) Maintain, subject to inspection by the Secretary of Agriculture, Food and Markets or his or her agent, a record compliant with applicable State and federal statutes, rules, and regulations specified by the Secretary, including the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86. When not required under the requirements set forth in State and federal statute, the records required under this subdivision shall include:
      1. all livestock purchased, repossessed, sold, or loaned by a livestock dealer, transporter, or packer;
      2. the complete name and address of the person from whom livestock was obtained and to whom delivered; and
      3. the official individual identification number that is required to be applied to each livestock under the requirements of sections 1460, 1461, and 1461a of this title.
    2. For equine livestock, the requirements for the records to be maintained and the method of individual identification are set forth under chapter 102, subchapter 2 of this title.
  4. Abide by other reasonable rules that may be adopted by the Secretary of Agriculture, Food and Markets to prevent the spread of disease. A copy of all applicable rules shall be provided to all livestock dealers, packers, and transporters licensed under the terms of section 762 of this title at the time they first obtain a license.
  5. Pay the seller within 72 hours following the sale of the animal or animals.
  6. [Repealed.]

    Amended 1973, No. 76 , § 2, eff. April 13, 1973; 1975, No. 203 (Adj. Sess.), § 2, eff. Jan. 1, 1977; 1993, No. 74 , § 5; 1999, No. 94 (Adj. Sess.), § 1, eff. May 2, 2000; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 1; 2019, No. 129 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 4857. 1945, No. 81 , § 4.

Revision note. Deleted "shall" from the beginning of subdiv. (7) to correct a grammatical error.

Amendments--2019 (Adj. Sess.). Subdiv. (4): Added the subdiv. (4)(A) designation and added the last sentence; added subdivs. (4)(A)(i) through (4)(A)(iii); and added subdiv. (4)(B).

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1999 (Adj. Sess.). Subdiv. (4): Inserted "or her" following "or his", substituted "livestock" for "cattle" following "in which all", and inserted "complete names and addresses" following "loaned and" in the first sentence; rewrote the second sentence; and deleted the third through fifth sentences.

Amendments--1993. Subdiv. (5): Substituted "provided" for "sent by registered mail" following "regulations shall be" and added "at the time they first obtain a license" following "section 762 of this title" in the second sentence.

Amendments--1975 (Adj. Sess.). Subdiv. (7): Added.

Amendments--1973. Subdiv. (6): Added.

§ 769. Cancellation of license.

Failure of any livestock dealer, transporter, or packer to abide by the terms of this chapter, or of any of the State or federal laws, rules, or regulations relating to livestock, or of a procedure that the Secretary of Agriculture, Food and Markets adopts as necessary to prevent the spread of disease shall be deemed sufficient cause after notice and hearing for the cancellation of a license issued under section 762 of this title.

Amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 1.

History

Source. V.S. 1947, § 4858. 1945, No. 81 , § 5.

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Cross References

Cross references. Revocation of license for misuse or removal of ear tag, see § 1502 of this title.

§ 770. Penalty.

Any livestock dealer, transporter, or packer who buys, sells, or transports livestock in this State or operates a livestock auction or sales ring without having a license so to do, issued either to such person or to the firm or corporation that he or she represents in conducting such business, as herein required, shall be assessed an administrative penalty under section 15 of this title.

Amended 1959, No. 91 , § 4, eff. April 7, 1959; 1963, No. 43 , eff. April 16, 1963; 2017, No. 30 , § 1.

History

Source. 1955, No. 188 , § 5. V.S. 1947, § 4859. 1945, No. 81 , § 6.

Amendments--2017. Section amended generally.

Amendments--1963. Substituted "$100.00 nor more than $500.00" for "$25.00 nor more than $200.00" preceding "or be imprisoned not less than" and "thirty days nor more than ninety days" for "ten days nor more than thirty days" thereafter.

Amendments--1959. Substituted "livestock" for "cattle" following "sells or transports".

Cross References

Cross references. Imposition and collection of administrative penalties, see §§ 15-17 of this title.

§§ 771 Repealed. 1999, No. 49, § 114(2).

History

Former § 771. Former § 771, relating to disposition of fees, was derived from V.S. 1947, § 4861; 1945, No. 81 , § 8.

§ 772. Repealed. 2017, No. 30, § 1.

History

Former § 772. Former § 772, relating to sale of foals, was derived from 1989, No. 16 , § 3 and amended by 1989, No. 270 (Adj. Sess.), § 4.

CHAPTER 64. LIVESTOCK CARE STANDARDS ADVISORY COUNCIL

Sec.

History

Legislative findings. 2009, No. 158 (Adj. Sess.), § 5 provides: "For purposes of Secs. 6 [which added chapter 64 of this title consisting of §§ 791-793], 8, and 9 [which amended § 3134 of this title] of this act, the general assembly finds:

"(1) Livestock is the core of dairy and livestock farming. The care of and management of livestock are important to the profitability of Vermont farms and the maintenance of Vermont's working landscape.

"(2) The general public is increasingly interested in locally produced food, and local Vermont meat has an excellent reputation for quality and flavor.

"(3) Livestock raised on Vermont farms offers profit potential and economic opportunity for Vermont producers.

"(4) The State would benefit from a body charged with making policy recommendations regarding livestock care.

"(5) It is the intent of this legislation to assure the continued success of livestock and dairy farming in Vermont and the continuance of a safe, local food supply."

§ 791. Definitions.

As used in this chapter:

  1. "Agency" means the Agency of Agriculture, Food and Markets.
  2. "Council" means the Livestock Care Standards Advisory Council.
  3. "Livestock" means cattle, calves, sheep, swine, horses, mules, goats, fallow deer, American bison, poultry, and any other animal that can or may be used in and for the preparation of meat, fiber, or poultry products.
  4. "Secretary" means the Secretary of Agriculture, Food and Markets.

    Added 2009, No. 158 (Adj. Sess.), § 6; amended 2017, No. 30 , § 2.

History

Amendments--2017. Minor capitalization changes.

§ 792. Establishment of Livestock Care Standards Advisory Council.

  1. There is established the Livestock Care Standards Advisory Council for the purposes of evaluating the laws of the State and of providing policy recommendations regarding the care, handling, and well-being of livestock in the State. The Livestock Care Standards Advisory Council shall be composed of the following members, all of whom shall be residents of Vermont:
    1. The Secretary, who shall serve as the Chair of the Council.
    2. The State Veterinarian.
    3. The following six members appointed by the Governor:
      1. A person with knowledge of food safety and food safety regulation in the State.
      2. A person from a statewide organization that represents the beef industry.
      3. A Vermont licensed livestock or poultry veterinarian.
      4. A representative of an agricultural department of a Vermont college or university.
      5. A representative of the Vermont slaughter industry.
      6. A representative of the Vermont livestock dealer, hauler, or auction industry.
    4. The following three members appointed by the Committee on Committees:
      1. A producer of species other than bovidae.
      2. An operator of a medium farm or large farm permitted by the Agency.
      3. A professional in the care and management of equines and equine facilities.
    5. The following three members appointed by the Speaker of the House:
      1. An operator of a small Vermont dairy farm.
      2. A representative of a local humane society from Vermont and organized under State law.
      3. A person with experience investigating charges of animal cruelty involving livestock, provided that no such person who has received or is receiving compensation from a national humane society or organization may be appointed under this subdivision.
  2. Members of the Council shall be appointed for staggered terms of three years. Except for the Chair, the State Veterinarian, and the representative of the agricultural department of a Vermont college or university, no member of the Council may serve for more than two consecutive full terms. Eight members of the Council shall constitute a quorum. If a vacancy on the Council occurs, a new member shall be appointed, in the same manner that his or her predecessor was appointed, to fill the unexpired term.
  3. With the concurrence of the Chair, the Council may use the services and staff of the Agency in the performance of its duties.

    Added 2009, No. 158 (Adj. Sess.), § 6; amended 2017, No. 30 , § 2.

History

Amendments--2017. Section amended generally.

§ 793. Powers and duties of Livestock Care Standards Advisory Council.

  1. The Council shall:
    1. Review and evaluate the laws and rules of the State applicable to the care and handling of livestock. In conducting the evaluation required by this section, the Council shall consider the following:
      1. the overall health and welfare of livestock species;
      2. agricultural best management practices;
      3. biosecurity and disease prevention;
      4. animal morbidity and mortality data;
      5. food safety practices;
      6. the protection of local and affordable food supplies for consumers; and
      7. humane transport and slaughter practices.
    2. Submit policy recommendations to the Secretary on any of the subject matter set forth under subdivision (1) of this subsection. A copy of the policy recommendations submitted to the Secretary shall be provided to the House Committee on Agriculture and Forestry and the Senate Committee on Agriculture. Recommendations may be in the form of proposed legislation. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
    3. Meet at least annually and at such other times as the Chair determines to be necessary.
    4. Submit minutes of the Council annually, on or before January 15, to the House Committee on Agriculture and Forestry and the Senate Committee on Agriculture. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
  2. The Council may engage in education and outreach activities related to the laws and regulations for the care and handling of livestock. The Council may accept funds from public or private sources in compliance with 32 V.S.A. § 5 .

    Added 2009, No. 158 (Adj. Sess.), § 6; amended 2013, No. 142 (Adj. Sess.), § 14; 2017, No. 30 , § 2.

History

Amendments--2017. Substituted "Forestry" for "Forest Products" in subdivs. (a)(2) and (a)(4).

Amendments--2013 (Adj. Sess.). Subdivs. (a)(2) and (a)(4): Substituted "House Committee on Agriculture and Forest Products and the Senate Committee on Agriculture" for "house and senate committees on agriculture" and added the last sentence.

CHAPTER 65. LIVE POULTRY DEALERS

Sec.

§§ 821-838. Repealed. 1991, No. 79, § 7.

History

Former §§ 821-838. Former §§ 821 through 838, relating to live poultry dealers, was derived from 1955, No. 288 , §§ 1-10. V.S. 1947. 1937, No. 89 .

CHAPTER 66. PRODUCE INSPECTION

Sec.

§ 851. Definitions.

As used in this chapter:

  1. "Agency" means the Agency of Agriculture, Food and Markets.
  2. "Farm" means lands that are owned or leased by a person engaged in any of the activities stated in 10 V.S.A. § 6001(22) .
  3. "Produce" shall have the same meaning as used in 21 C.F.R. § 112.3.
  4. "Produce farm" means any farm engaged in the growing, harvesting, packing, or holding of produce.
  5. "Secretary" means the Secretary of Agriculture, Food and Markets.

    Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016.

§ 852. Authority.

  1. The Secretary may enforce in the State the requirements of:
    1. the rules adopted under the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112; and
    2. the rules adopted under this chapter.
  2. The Agency may collaborate with the Department of Health regarding application of the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112, and application of the rules adopted under this chapter.
  3. The Secretary shall carry out the provisions of this chapter using:
    1. monies appropriated to the Agency by the federal government for the purpose of administering the federal Food Safety Modernization Act and the rules adopted thereunder;
    2. monies appropriated to the Agency by the State for the purpose of administering this chapter; and
    3. other gifts, bequests, and donations by private entities for the purposes of administering this chapter.

      Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2017, No. 180 (Adj. Sess.), § 2, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 18, eff. May 30, 2018.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Act Nos. 180 and 194 amended generally.

Subsec. (b): Act Nos. 180 and 194 deleted "Vermont" preceding "Department of Health" and substituted "U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112, and application of the rules adopted under this chapter" for "federal Food Safety Modernization Act and the rules adopted thereunder".

§ 853. Farm inspections.

    1. The Secretary may inspect a produce farm during reasonable hours for the purposes of ensuring compliance with: (a) (1)  The Secretary may inspect a produce farm during reasonable hours for the purposes of ensuring compliance with:
      1. the federal standards for growing, harvesting, packing, and holding of produce for human consumption, as adopted under 21 C.F.R. part 112; or
      2. the rules adopted under this chapter.
    2. This section shall not limit the Secretary's authority to respond to an emergency in order to prevent a public health hazard under section 21 of this title.
  1. The Secretary may coordinate with other State agencies and organizations to carry out inspections at or near the same time on a given produce farm.

    Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2017, No. 180 (Adj. Sess.), § 3, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 19, eff. May 30, 2018.

History

Amendments--2017 (Adj. Sess.). Subsec. (b): Deleted former subsec. (b) and redesignated former subsec. (c) as present subsec.(b).

§ 854. Records.

The owner or operator of a produce farm shall maintain records required by the federal Food Safety Modernization Act, rules adopted thereunder, and rules adopted under this chapter and shall make those records available to the Agency upon request.

Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016.

§ 855. Rules.

The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement this chapter.

Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016.

§ 856. Enforcement; corrective actions.

When the Secretary of Agriculture, Food and Markets determines that a person is violating the rules listed in section 852 of this title, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this section shall include:

  1. a description of the alleged violation;
  2. identification of this section;
  3. identification of the applicable rule violated; and
  4. the required corrective action that the person shall take to correct the violation.

    Added 2017, No. 180 (Adj. Sess.), § 4, eff. May 28, 2018; amended 2017, No. 194 (Adj. Sess.), § 20, eff. May 30, 2018.

§ 857. Enforcement; administrative orders.

  1. Notwithstanding the requirements of section 856 of this title, the Secretary at any time may pursue one or more of the following:
    1. issue a cease and desist order to a person the Secretary believes to be in violation of the rules listed in section 852 of this title;
    2. issue a verbal order or written administrative order to protect public health, including orders for the stop sale, recall, embargo, destruction, quarantine, and release of produce, when:
      1. the U.S. Food and Drug Administration requires immediate State action; or
      2. an alleged violation, activity, or farm practice presents an immediate threat to the public health or welfare;
    3. order mandatory corrective actions;
    4. take any action authorized under chapter 1 of this title;
    5. seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title.
  2. When the Secretary of Agriculture, Food and Markets issues a cease and desist order, written administrative order, or required corrective action under subsection (a) of this section, the Secretary shall provide the person subject to the order or corrective action with a statement that the order or corrective action is effective upon receipt and the person has 15 days from the date the order or corrective action was issued to request a hearing.
  3. If the Secretary of Agriculture, Food and Markets issues a verbal order under this section, the Secretary shall issue written notice to the person subject to the order within five days of the issuance of the verbal order. The written notice shall include a statement that the person has 15 days from the date the written notice was received to request a hearing.
  4. If a person who receives a cease and desist order, a verbal order, an administrative order, or a mandatory corrective action under this section does not request in writing a hearing within 15 days of receipt of the order or within 15 days of written notice for a verbal order, the person's right to a hearing is waived. Upon receipt of a written request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order, verbal order, or administrative order issued under this section shall not stay the order.
  5. A person aggrieved by a final action or decision of the Secretary under this section may appeal de novo to the Civil Division of the Superior Court within 30 days of the final decision of the Secretary.

    Added 2017, No. 180 (Adj. Sess.), § 4, eff. May 28, 2018; amended 2017, No. 194 (Adj. Sess.), § 20, eff. May 30, 2018; 2019, No. 14 , § 7, eff. April 30, 2019.

History

Amendments--2109 Subdiv. (a)(1): Deleted "in accordance" following "order".

CHAPTER 67. PUBLIC WAREHOUSES THAT STORE FARM PRODUCTS

Sec.

§ 891. License.

Excepting frozen food locker plants, any person, as defined in 9A V.S.A. §§ 1-201 and 7-102, who stores milk, cream, butter, cheese, eggs, meat, poultry, and fruit for hire in quantities of 1,000 pounds or more of any commodity shall first be licensed by the Secretary of Agriculture, Food and Markets. Each separate place of business shall be licensed.

Amended 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 83 , § 5, eff. June 10, 2013.

History

Source. V.S. 1947, § 4874. 1947, No. 81 , § 1.

Revision note. Reference to "section 1293 of Title 9" changed to "sections 1-201 and 7-102 of Title 9A" to conform reference to repeal of § 1293 of Title 9 and enactment of superseding provisions of Title 9A.

Amendments--2013. Deleted "dressed" preceding "meat" and substituted "any" for "each" preceding "commodity".

Amendments--2003. Substituted "Secretary of Agriculture, Food and Markets" for "Commissioner of Agriculture, Food and Markets".

§ 892. Requirements.

Before licensing such places, the Secretary shall satisfy himself or herself as to the condition of the building, sanitation, refrigeration, and the general safety of the goods stored therein under regulations and requirements which he or she may deem proper.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4875. 1947, No. 81 , § 2.

Amendments--2003. Substituted "Secretary" for "Commissioner".

§ 893. Application forms; fee.

The Secretary of Agriculture, Food and Markets shall furnish necessary application forms. The annual license date shall be April 1. The annual license fee shall be $125.00.

Amended 1975, No. 220 (Adj. Sess.), § 8; 1989, No. 257 (Adj. Sess.), § 7; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 10.

History

Source. V.S. 1947, § 4876. 1947, No. 81 , § 3.

Amendments--2015 (Adj. Sess.). Substituted "$125.00" for "$100.00" following "shall be".

Amendments--2003. Substituted "Secretary of Agriculture, Food and Markets" for "Commissioner of Agriculture, Food and Markets".

Amendments--1989 (Adj. Sess.). Substituted "$100.00" for "$60.00" in the second sentence.

Amendments--1975 (Adj. Sess.). Substituted "$60.00" for "$25.00" at the end of the third sentence.

CHAPTER 69. URINE FARMS

Sec.

Cross References

Cross references. Control of contagious livestock diseases, § 1151 et seq. of this title.

§§ 901-905. Repealed. 1989, No. 16, § 2.

History

Former §§ 901-905. Former § 901, relating to license requirement, was derived from 1967, No. 381 (Adj. Sess.), § 1, eff. March 27, 1968.

Former § 902, relating to powers of commissioner, was derived from 1967, No. 381 (Adj. Sess.), § 2, eff. March 27, 1968.

Former § 903, relating to issuance of license; term and fees, was derived from 1967, No. 381 (Adj. Sess.), § 3, eff. March 27, 1968 and amended 1975, No. 220 (Adj. Sess.), § 9.

Former § 904, relating to penalties and enforcement, was derived from 1967, No. 381 (Adj. Sess.), § 4, eff. March 27, 1968.

Former § 905, relating to sale of foals, was derived from 1969, No. 70 , eff. April 18, 1969.

For present provisions relating to sale of foals, see § 772 of this title.

PART 4 Pests and Plant Diseases

CHAPTER 81. INSECTICIDES, FUNGICIDES, AND RODENTICIDES

Sec.

History

Short title. V.S. 1947, § 4562, provided that this chapter may be cited as "The Insecticide, Fungicide and Rodenticide Act of 1947."

Severability of enactment. V.S. 1947, § 4580, provided: "if any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is led invalid, the constitutionality of the remainder of this chapter and the applicability thereof to other persons and circumstances shall not be affected thereby."

Moratorium on aerial or broadcast application of herbicides. 1997, No. 30 , § 1, provided: "A moratorium is imposed on the aerial or other broadcast application of herbicides, as herbicides are defined in section 911 of Title 6, for forestry purposes. As used in this section, 'the application of herbicides for forestry purposes' is limited to the use of herbicides in the commercial production of hardwoods and softwoods and does not include the use of herbicides in the production of agricultural products as defined in 6 V.S.A. § 2964(e), or the use of herbicides to preserve utility rights-of-way. For purposes of this section, broadcast application is defined as general application to an area other than by on-foot application to specific target plants using any of the following application methods: backpack mist sprayer, tree injector, handheld spray bottle, wick, or brush."

Neonicotinoid pesticides; safety and use. 2013, No. 159 (Adj. Sess.), § 17 provides: "The Secretary of Agriculture, Food and Markets shall evaluate whether the use or application of the pesticides imidacloprid, clothianiden, thiamethoxam, donotafuran, or any other member of the nitro group of neonicotinoid pesticides is safe and not harmful to human health or the health of bees and other pollinators in the State."

Cross References

Cross references. Control of pesticides, see § 1101 et seq. of this title.

Implementation and enforcement of statutes and rules and regulations relating to waste economic poisons, see 10 V.S.A. § 6608a.

§ 911. Definitions.

As used in this chapter:

  1. "Active ingredient" means:
    1. in the case of an economic poison other than a plant regulator, defoliant, or desiccant, any ingredient which will prevent, destroy, or repel insects, nematodes, fungi, rodents, weeds, or other pests;
    2. in the case of plant regulators, any ingredient which will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of plants or the produce thereof;
    3. in the case of a defoliant, any ingredient which will cause the foliage to drop from a plant;
    4. in the case of a desiccant, any ingredient which will artificially accelerate the drying of plant tissue.
  2. "Adulterated" shall apply to any economic poison if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.
  3. "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
  4. "Secretary" means the Secretary of Agriculture, Food and Markets.
  5. "Economic poison" means:
    1. any substance produced, distributed, or used for preventing, destroying, or repelling any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, which the Secretary shall declare to be a pest;
    2. any substance produced, distributed, or used as a plant regulator, defoliant, or desiccant.
  6. "Fungi" means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeast, and bacteria, except those on or in living humans or other animals.
  7. "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi.
  8. "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.
  9. "Inert ingredient" means an ingredient which is not an active ingredient.
  10. "Ingredient statement" means:
    1. A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the economic poison; or
    2. A statement of the name of each active ingredient, together with the name of each and total percentage of the inert ingredients, if any there be, in the economic poison. However, if the preparation is highly toxic to humans (determined as provided in section 913 of this title), subdivision (A) of this subdivision (10) shall apply; or
    3. A statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic, to be made in addition to the statement required by subdivision (A) or (B) of this subdivision (10), in case the economic poison contains arsenic.
  11. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.
  12. "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects that may be present in any environment whatsoever.
  13. "Label" means the written, printed, or graphic matter on, or attached to, the economic poison, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison.
  14. "Labeling" means all labels and other written, printed, or graphic matter:
    1. upon the economic poison or any of its containers or wrappers;
    2. accompanying the economic poison at any time; or
    3. to which reference is made on the label or in literature accompanying the economic poison, except when accurate, nonmisleading reference is made to current official publications of the U.S. Department of Agriculture or of the Interior, the U.S. Public Health Service, state experiment stations, state agricultural colleges, or other similar federal institutions or official agencies of this State or other states authorized by law to conduct research in the field of economic poisons.
  15. "Misbranded" shall apply:
    1. To any economic poison if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients that is false or misleading in any particular.
    2. To any economic poison:
      1. if it is an imitation of or is offered for sale under the name of another economic poison;
      2. if its labeling does not bear a U.S. Environmental Protection Agency registration number or a valid registration number issued by the Secretary under this chapter;
      3. if the labeling accompanying it does not contain instructions for use that are necessary and, if complied with, adequate for the protection of the public;
      4. if the label does not contain a warning or caution statement that may be necessary and, if complied with, adequate to prevent injury to living humans and the total environment;
      5. if the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statements on the immediate container cannot be clearly read, of the retail package which is presented or displayed under the customary conditions of purchase;
      6. if any word, statement, or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
      7. if in the case of an insecticide, nematocide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living humans or other vertebrate animals or vegetation, except weeds, to which it is applied; or
      8. if in the case of a plant regulator, defoliant, or desiccant, when used as directed, it shall be injurious to living humans or other vertebrate animals or vegetation to which it is applied.  Provided, that physical or physiological effects on plants or parts thereof shall not be considered to be injurious when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations.
  16. "Person" means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not.
  17. "Registrant" means the person registering any economic poison pursuant to the provisions of this chapter.
  18. "Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal that the Secretary shall declare to be a pest.
  19. "Weed" means any plant that grows where not wanted.
  20. "Nematocide" means any substance produced, distributed, or used for preventing, destroying, or repelling nematodes.
  21. "Plant regulator" means any substance produced, distributed, or used for the purposes of accelerating or retarding the rate of growth or rate of maturation, or otherwise altering the behavior of plants but shall not include substances produced, distributed, or used for plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.
  22. "Defoliant" means any substance produced, distributed, or used for causing the foliage to drop from a plant, with or without causing abscission.
  23. "Desiccant" means any substance produced, distributed, or used for artificially accelerating the drying of plant tissues.
  24. "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms.
  25. "Agricultural seed" has the same meaning as in section 641 of this title.
  26. "Neonicotinoid pesticide" means any economic poison containing a chemical belonging to the neonicotinoid class of chemicals, including:
    1. imidacloprid;
    2. nithiazine;
    3. acetamiprid;
    4. clothianidin;
    5. dinotefuran;
    6. thiacloprid;
    7. thiamethoxam; and
    8. any other chemical designated by the Secretary by rule.
  27. "Treated article" or "treated article pesticide" shall have the same meaning as "treated article" in section 1101 of this title.
  28. "Treated article seed" means an agricultural seed, flower seed, or vegetable seed that is a treated article pesticide.

    Amended 1961, No. 74 , §§ 1-4, eff. April 19, 1961; 1975, No. 42 , § 1; 1981, No. 117 (Adj. Sess.); 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 20; 2019, No. 35 , § 1.

History

Source. V.S. 1947, § 4563. 1947, No. 75 , § 2.

Revision note. In the second sentence of subdiv. (10)(B), substituted "subdivision (10)(A) of this section" for "subdivision I hereof" to correct an error in the reference.

In subdiv. (10)(C), substituted "subdivisions (10)(A) or (B) of this section" for "paragraphs (A) or (B) hereof" to conform reference to V.S.A. style.

Deleted "or" at the end of subdiv. 15(B)(vi) to conform section to V.S.A. style.

Amendments--2019. Subdiv. (5)(A): Substituted "humans" for "man".

Subdivs. (12), (18), and (19): Substituted "that" for "which".

Added subdivs. (25) through (28).

Amendments--2017 (Adj. Sess.). Introductory language: Substituted "As used in" for "For the purpose of".

Subdiv. (14)(B): Added "or" at the end of the subdiv.

Subdiv. (14)(C): Substituted "U.S." for "United States" and inserted "of the" preceding "Interior".

Amendments--2003. Subdiv. (4): Substituted "Secretary" for "Commissioner" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1981 (Adj. Sess.). Subdiv. (15)(B)(ii): Added "or a valid registration number issued by the commissioner under this chapter" following "agency registration number".

Amendments--1975. Subdiv. (15)(B)(ii): Amended generally.

Subdiv. (15)(B)(iv): Substituted "the total environment" for "other vertebrate animals" following "living man and".

Amendments--1961. Subdiv. (1): Amended generally.

Subdiv. (5): Amended generally.

Subdiv. (15)(B)(vii): Inserted "nematocide" preceding "fungicide" and substituted "applied; or" for "applied, or to the person applying such economic poison" following "weeds, to which it is".

Subdiv. (15)(B)(viii): Added.

Subdiv. (20): Added.

Subdiv. (21): Added.

Subdiv. (22): Added.

Subdiv. (23): Added.

Subdiv. (24): Added.

§ 912. Administration.

Jurisdiction in all matters pertaining to the distribution, sale, and transportation of economic poisons is by this chapter vested exclusively in the Secretary.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4581. 1947, No. 75 , § 14.

Amendments--2003. Substituted "Secretary" for "Commissioner".

§ 913. Powers of Secretary.

The Secretary may, after opportunity for a hearing:

  1. declare as a pest any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances;
  2. determine whether economic poisons are highly toxic to humans; and
  3. determine standards of coloring or discoloring for economic poisons, and subject economic poisons to the requirements of subdivision 919(4) of this title.

    Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4567. 1947, No. 75 , § 5.

Amendments--2003. Substituted "secretary" for "commissioner".

ANNOTATIONS

1. Amendment of declaration.

Declaration of the Commissioner may be amended from time to time as circumstances require. 1946-48 Op. Atty. Gen. 48.

§ 914. Delegation of duties.

All authority vested in the Secretary by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Agency of Agriculture, Food and Markets as the Secretary may from time to time designate for such purpose.

Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4578. 1947, No. 75 , § 10.

Amendments--2003. Substituted "secretary" for "commissioner" and "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture".

§ 915. Regulations.

The Secretary, after due public hearing, may make appropriate rules and regulations for carrying out the provisions of this chapter, including rules and regulations providing for the collection and examination of samples of economic poisons.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4568. 1947, No. 75 , § 5.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

Uniformity of regulations, see § 917 of this title.

§ 916. Cooperation with State and federal agencies.

The Secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this State, the U.S. Department of Agriculture or Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulations.

Amended 1975, No. 42 , § 2; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4579. 1947, No. 75 , § 11.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1975. Added "or environmental protection agency" following "agriculture".

§ 917. Uniformity between State and federal regulations.

In order to avoid confusion, endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, and to avoid increased costs to the people of this State due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such poisons. To this end the Secretary is authorized to adopt rules, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed by the U.S. Environmental Protection Agency with respect to economic poisons.

Amended 1975, No. 42 , § 3; 2003, No. 42 , § 2, eff. May 27, 2003.

History

2005. Deleted ", after due public hearing," and substituted "rules" for "by regulation such regulations" to more accurately indicate the rule-making process.

Source. V.S. 1947, § 4569. 1947, No. 75 , § 5.

Amendments--2003. Substituted "secretary" for "commissioner" in the second sentence.

Amendments--1975. Substituted "environmental protection agency" for "department of agriculture" following "United States" in the second sentence.

§ 918. Registration.

  1. Every economic poison that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered in the Office of the Secretary, and such registration shall be renewed annually; provided that products that have the same formula are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same economic poison may be registered as a single economic poison; and additional names and labels shall be added by supplemental statements during the current period of registration. It is further provided that any economic poison imported into this State, which is subject to the provisions of any federal act providing for the registration of economic poisons and which has been duly registered under the provisions of this chapter, may, in the discretion of the Secretary, be exempted from registration under this chapter when sold or distributed in the unbroken immediate container in which it was originally shipped. The registrant shall file with the Secretary a statement including:
    1. The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.
    2. The name of the economic poison.
    3. A complete copy of the labeling accompanying the economic poison and a statement of all claims to be made for it, including directions for use.
    4. If requested by the Secretary, a full description of the tests made and the results thereof upon which the claims are based. In the case of renewal of registration, a statement shall be required only with respect to information that is different from that furnished when the economic poison was registered or last reregistered.
  2. The registrant shall pay an annual fee of $200.00 for each product registered, and $185.00 of that amount shall be deposited in the special fund created in section 929 of this title. Of the registration fees collected under this subsection, $15.00 of the amount collected shall be deposited in the Agricultural Water Quality Special Fund under section 4803 of this title. Of the registration fees collected under this subsection, $25.00 of the amount collected shall be used to offset the additional costs of inspection of economic poison products and to provide educational services, training, and technical assistance to pesticide applicators, beekeepers, and the general public regarding the effects of pesticides on pollinators and the methods or best management practices to reduce the impacts of pesticides on pollinators. The annual registration year shall be from December 1 to November 30 of the following year.
  3. The Secretary, whenever he or she deems it necessary in the administration of this chapter, may require the submission of the complete formula of any economic poison.  If it appears to the Secretary that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of sections 919 and 920 of this title, he or she shall register the article.
  4. If it does not appear to the Secretary that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, he or she shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fail to comply with the chapter so as to afford the registrant an opportunity to make the necessary corrections. In order to protect the public, the Secretary, on his or her own motion, may, at any time, cancel the registration of an economic poison which fails to meet the requirements of this section.  In no event shall registration of an article be construed as a defense for the commission of any offense prohibited under sections 919 and 920 of this title.
  5. Notwithstanding any other provision of this chapter, registration is not required in the case of an economic poison shipped from one plant within this State to another plant within this State operated by the same person.
  6. The Secretary shall register as a restricted use pesticide any neonicotinoid pesticide labeled as approved for outdoor use that is distributed, sold, sold into, or offered for sale within the State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State, provided that the Secretary shall not register the following products as restricted use pesticides, unless classified under federal law as restricted use products:
    1. pet care products used for preventing, destroying, repelling, or mitigating fleas, mites, ticks, heartworms, or other insects or organisms;
    2. personal care products used for preventing, destroying, repelling, or mitigating lice or bedbugs;
    3. indoor pest control products used for preventing, destroying, repelling, or mitigating insects indoors; and
    4. treated article seed.

      Amended 1961, No. 74 , § 5, eff. April 19, 1961; 1965, No. 90 , §§ 1, 2; 1975, No. 39 , § 1, eff. Dec. 1, 1975; 1985, No. 72 , § 2, eff. May 20, 1985; 1987, No. 71 , § 1; amended 1995, No. 125 (Adj. Sess.), § 1; 1999, No. 49 , § 115; 1999, No. 141 (Adj. Sess.), § 2; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 72 , § 21; 2009, No. 134 (Adj. Sess.), § 11; 2013, No. 72 , § 19; 2015, No. 64 , § 11; 2015, No. 149 (Adj. Sess.), § 11; 2019, No. 35 , § 2.

History

Source. V.S. 1947, § 4566. 1947, No. 75 , § 4.

Revision note. At the end of the second sentence of subsec. (d), substituted "this section" for "this act" to conform reference to V.S.A. style.

Amendments--2019. Subsec. (a): Substituted "that" for "which" following "Every economic poison", substituted "that" for "which" following "provided that products", substituted "supplemental" for "supplement".

Subdiv. (a)(4): Substituted "that" for "which" following "respect to information" in the second sentence.

Subsec. (b): Rewrote the first sentence and added the third sentence.

Subsec. (f): Added.

Amendments--2015 (Adj. Sess.). Subsec. (b): Substituted "$175.00" for "$125.00" preceding "for each" and "$160.00" for "$110.00" preceding "of that amount".

Amendments--2015. Subdiv. (a)(4): Substituted "reregistered" for "re-registered" at the end of the subdiv.

Subsec. (b): Substituted "$125.00" for "$110.00" following "an annual fee of" near the beginning of the first sentence, added "$110.00 of" preceding "that amount shall be deposited" near the beginning of the first sentence, and added the second sentence.

Amendments--2013. Subsec. (b): Substituted "$110.00" for "$100.00" in the first sentence.

Amendments--2009 (Adj. Sess.) Subsec. (b): Substituted "$100.00" for "$92.00" in the first sentence.

Amendments--2005 Subsec. (b): Substituted "$92.00" for "$75.00" and "registered, and that amount shall" for "registered which shall" and made a minor change in punctuation in the first sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1999 (Adj. Sess.). Subsec. (b): Substituted "$75.00" for "$70.00" and "$5.00" for "$10.00" at the end of the first sentence.

Amendments--1999 Rewrote subsec. (b).

Amendments--1995 (Adj. Sess.) Subsec. (b): Substituted "$70.00" for "$40.00" in the first sentence and rewrote the third sentence.

Amendments--1987. Subsec. (b): Substituted "$40.00" for "$25.00" in the first sentence and "thirty" for "fifteen" preceding "dollars" at the beginning of the third sentence.

Amendments--1985. Subsec. (b): Amended generally.

Amendments--1975. Subsec. (b): Rewrote the first and third sentences.

Amendments--1965. Subsec. (b): Added the second and third sentences.

Subsec. (d): Deleted the former second sentence, substituted "which fails to meet the requirements of this act" for "and in lieu thereof issue a registration under protest in accordance with the foregoing procedure" following "poison" in the second sentence, and deleted "whether or not protested" following "article" in the third sentence.

Amendments--1961. Subsec. (b): Amended generally.

ANNOTATIONS

1. Discontinued brand.

The fact that some manufacturer has discontinued a certain brand during a registration year does not alter the requirement of registration at all times, and if the proposed sale of such discontinued brands is to be lawful, the registration must be as provided. 1946-48. Op. Atty. Gen. 50.

Cited. , 1946-48 Op. Atty. Gen. 48, 1962-64 Op. Atty. Gen. 60.

§ 919. Prohibited distribution; sale or transportation.

It shall be unlawful for any person to distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any of the following:

  1. Any economic poison which has not been registered pursuant to the provisions of section 918 of this title, or any economic poison if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of an economic poison differs from its composition as represented in connection with its registration; provided, that in the discretion of the Secretary, a change in the labeling or formula of an economic poison may be made within a registration period without requiring registration of the product.
  2. Any economic poison unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing:
    1. the name and address of the manufacturer, registrant, or person for whom manufactured;
    2. the name, brand, or trademark under which the article is sold; and
    3. the net weight or measure of the content subject, however, to such reasonable variations as the Secretary may permit.
  3. Any economic poison which contains any substance or substances in quantities highly toxic to humans, determined as provided in section 913 of this title, unless the label shall bear, in addition to any other matter required by this chapter:
    1. the skull and crossbones;
    2. the word "poison" prominently, in red, on a background of distinctly contrasting color; and
    3. a statement of an antidote for the economic poison.
  4. The economic poisons commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with this chapter, or any other white powder economic poison which the Secretary, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored; unless it has been so colored or discolored; provided, that the Secretary may exempt any economic poison, to the extent that it is intended for a particular use or uses, from the coloring or discoloring required or authorized by this section, if he or she determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.
  5. Any economic poison which is adulterated or misbranded.

    Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4564. 1947, No. 75 , § 3.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Exceptions from penalties, see § 927 of this title.

Penalties, see § 926 of this title.

Procedure for prosecuting violations, see § 923 of this title.

Seizure and condemnation, see § 921 of this title.

§ 920. Other prohibitions.

  1. It shall be unlawful for any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated hereunder, or to add any substance to, or take any substance from, an economic poison in a manner that may defeat the purpose of this chapter.
  2. It shall be unlawful for any person to use for his or her own advantage or to reveal, other than to the Secretary or proper officials or employees of the State or to the courts of this State in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 918 of this title.

    Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4565. 1947, No. 75 , § 3.

Revision note. Undesignated paragraphs were designated as subsecs. (a) and (b) to conform section to V.S.A. style.

Amendments--2003. Subsec. (b): Substituted "secretary" for "commissioner".

Cross References

Cross references. Penalties, see § 926 of this title.

Procedure for prosecuting violations, see § 923 of this title.

Seizure and condemnation, see § 921 of this title.

§ 921. Seizure and condemnation.

Any economic poison that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be liable to be proceeded against in any Superior Court of the State where it may be found and seized for confiscation by process of libel for condemnation:

  1. if it is adulterated or misbranded;
  2. if it has not been registered under the provisions of section 918 of this title;
  3. if it fails to bear on its label the information required by this chapter; or
  4. if it is a white powder economic poison and is not colored as required under this chapter.

    Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2017, No. 113 (Adj. Sess.), § 21.

History

Source. V.S. 1947, § 4576. 1947, No. 75 , § 9.

Amendments--2017 (Adj. Sess.). Subdiv. (3): Added "or" following "this chapter".

Amendments--1973 (Adj. Sess.). Substituted "superior" for "county" preceding "court of the state" in the introductory paragraph.

§ 922. Disposition after condemnation.

If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds, if such article is sold, less legal costs, shall be paid to the State Treasurer; provided, that the article shall not be sold contrary to the provisions of this chapter; and provided, further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court may direct that the article be delivered to the owner thereof for relabeling or reprocessing as the case may be. When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.

History

Source. V.S. 1947, § 4577. 1947, No. 75 , § 9.

§ 923. Procedure for prosecuting violations.

The examination of economic poisons shall be made under the direction of the Secretary for the purpose of determining whether they comply with the requirements of this chapter. If it shall appear from such examination that an economic poison fails to comply with the provisions of this chapter, and the Secretary contemplates instituting criminal proceedings against any person, the Secretary shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity to present his or her views, either orally or in writing, with regard to such contemplated proceedings and if thereafter in the opinion of the Secretary it shall appear that the provisions of the chapter have been violated by such person, then the Secretary shall refer the facts to the State's Attorney for the county in which the violation shall have occurred with a copy of the results of the analysis or the examination of such article. However, nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel proceedings minor violations of the chapter whenever he or she believes that the public interests will be best served by a suitable notice of warning in writing.

Amended 2003, No. 42 , § 2, May 27, 2003.

History

Source. V.S. 1947, § 4570. 1947, No. 75 , § 6.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 924. Duty of state's attorney.

It shall be the duty of each State's Attorney to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the Superior Court without delay.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Source. V.S. 1947, § 4571. 1947, No. 75 , § 6.

Amendments--1973 (Adj. Sess.). Substituted "superior" for "county" preceding "court without".

§ 925. Repealed. 2009, No. 33, § 83(c)(4).

History

Former § 925. Former § 925, relating to notice of judgments in insecticide, fungicide, and rodenticide related actions, was derived from V.S. 1947, § 4572; 1947, No. 75 , § 6 and amended by 2003, No. 42 , § 2.

§ 926. Penalties.

  1. Any person violating subdivision 919(1) of this title shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00.
  2. Any person violating any provision of this chapter other than subdivision 919(1) of this title shall be guilty of a misdemeanor and upon a conviction shall be fined not more than $100.00 for the first offense and upon conviction for a subsequent offense shall be fined not more than $200.00; provided, that any offense committed more than five years after a previous conviction shall be considered a first offense; and provided further, that in any case where a registrant was issued a warning by the Secretary pursuant to the provisions of this chapter, such registrant shall, upon conviction of a violation of any provision of this chapter other than subdivision 919(1) of this title, be fined not more than $200.00 or imprisoned for not more than one year, or be subject to both such fine and imprisonment; and the registration of the article with reference to which the violation occurred shall terminate automatically.  An article the registration of which has been terminated, may not again be registered unless the article, its labeling, and other material required to be submitted appear to the Secretary to comply with all the requirements of this chapter.
  3. Notwithstanding any other provisions of this section, in case any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of section 918 of this title, he or she shall be fined not more than $200.00 or imprisoned for not more than one year, or both.

    Amended 2003, No. 42 , § 2, May 27, 2003.

History

Source. V.S. 1947, § 4575. 1947, No. 75 , § 8.

Amendments--2003. Subsec. (b): Substituted "secretary" for "commissioner" in two places.

§ 927. Exceptions from penalties.

The penalties provided for violations of section 919 of this title shall not apply to:

  1. Any carrier while lawfully engaged in transporting an economic poison within this State, if such carrier shall, upon request, permit the Secretary or his or her designated agent to copy all records showing the transactions in and movement of the articles.
  2. Public officials of this State and the federal government engaged in the performance of their official duties.
  3. The manufacturer or shipper of an economic poison for experimental use only:
    1. by or under the supervision of an agency of this State or of the federal government authorized by law to conduct research in the field of economic poisons; or
    2. by others if the economic poison is not sold and if the container thereof is plainly and conspicuously marked "For experimental use only - Not to be sold," together with the manufacturer's name and address.  However, if a written permit has been obtained from the Secretary, economic poisons may be sold for experiment purposes subject to such restrictions and conditions as may be set forth in the permit.

      Amended 2003, No. 42 , § 2, May 27, 2003.

History

Source. V.S. 1947, § 4573. 1947, No. 75 , § 7.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 928. Foreign exports.

Articles shall not be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter shall apply.

History

Source. V.S. 1947, § 4574. 1947, No. 75 , § 7.

§ 929. Revolving fund.

  1. There is hereby created a special pesticide monitoring revolving fund. Monies collected pursuant to subsection 918(b) of this title shall be deposited in the fund. The Secretary may use monies deposited in the fund for the following purposes:
    1. For the purpose of monitoring pesticides, conducting pesticide educational activities, researching alternatives to the use of pesticides for pest control, and implementing pesticide reduction strategies pursuant to the provisions of section 1110 of this title.
    2. To pay salaries of full and part-time employees involved in monitoring pesticides.
    3. To purchase necessary pesticide monitoring and analytical equipment.
    4. To defray the cost of necessary operating expenses.
    5. To contract with other public or private entities in order to implement portions of this plan or to conduct any special studies necessary to ascertain the impact of pesticides on the environment.
    6. To defray the costs of a collection program for obsolete and unwanted pesticides.
    7. To implement and administer the provisions of this title and any other provisions of law relating to pesticides.
  2. [Repealed.]

    Added 1985, No. 72 , § 3, eff. May 20, 1985; amended 1987, No. 71 , § 2; 1995, No. 125 (Adj. Sess.), § 2; 1999, No. 49 , § 116(1); 2003, No. 42 , § 2, May 27, 2003; 2005, No. 72 , § 22.

History

Amendments--2005 Subsec. (a): Substituted "subsection 918(b)" for "section 918(b)" in the first sentence of the introductory paragraph, and "For the purpose" for "for the purpose" in subdiv. (1), and "To" for "to" in subdivs. (2) through (4), and made minor changes in punctuation throughout subdivs. (1) through (4), and added subdiv. (7).

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1999 Subsec. (b): Repealed.

Amendments--1995 (Adj. Sess.) Subdiv. (a)(6): Added.

Amendments--1987. Subdiv. (a)(1): Amended generally.

Expiration of 1995 (Adj. Sess.) amendment. Pursuant to 1995, No. 125 (Adj. Sess.), § 5, as amended by 1999, No. 49 , § 117, eff. June 2, 1999, section 2 of the act, which amended subsec. (a) of this section, shall expire on July 1, 2002. However, pursuant to 2001, No. 143 (Adj. Sess.), § 45, the sunset of subsection (a) was repealed.

CHAPTER 83. PEST CONTROL COMPACT

Sec.

History

Interstate Pest Control Compact. 1977, No. 171 (Adj. Sess.), § 1, provided: "The State of Vermont hereby joins and ratifies the Interstate Pest Control Compact, as revised and approved by the Council of State Governments. The department of agriculture shall serve as the agent of the state to do all things necessary to fulfill the obligations and secure the rights of the state under the compact."

Legislative findings. 2009, No. 8 , § 1, provided: "The General Assembly finds that:

"(1) The Interstate Pest Control Compact was formed in 1968 with the assistance of the Council of State Governments.

"(2) Vermont originally joined the compact in 1977, paid its membership fee, and has enjoyed the benefits of membership for over 30 years.

"(3) The compact was purportedly adopted within chapter 83 of Title 6 in session language by No. 171 of the Acts of the 1977 Adj. Sess. (1978).

"(4) No. 68 of the Acts of the 1995 Adj. Sess. (1996) repealed chapter 83 of Title 6, and there is currently no specific enabling legislation for Vermont's continued participation in compact membership."

§ 981. Adoption of compact.

The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

PEST CONTROL COMPACT

ARTICLE I

Findings

The party states find that:

  1. In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately 137 billion dollars from the depredations of pests is virtually certain to continue, if not to increase.
  2. Because of the varying climatic, geographic, and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them.
  3. The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another to complement each other's activities when faced with conditions of infestation and reinfestation.
  4. While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crops and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interest, the most equitable means of financing cooperative pest eradication and control programs.

    As used in this compact, unless the context clearly requires a different construction:

    (1) "Executive Committee" means the Committee established pursuant to Article V(e) of this compact.

    (2) "Governing Board" means the administrators of this compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact.

    (3) "Insurance Fund" means the Pest Control Insurance Fund established pursuant to this compact.

    (4) "Pest" means any invertebrate animal, pathogen, parasitic plant, or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses, or other plants of substantial value.

  5. "Requesting state" means a state which invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.
  6. "Responding state" means a state requested to undertake or intensify the measures referred to in subdivision (5) of this article.
  7. "State" means a state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

    There is hereby established a Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The Insurance Fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this compact.

ARTICLE II

Definitions

ARTICLE III

The Insurance Fund

ARTICLE IV

The Insurance Fund, Internal Operations, and Management

  1. The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and the Executive Committee pursuant to this compact shall be deemed the actions of the Insurance Fund.
  2. The members of the Governing Board shall each be entitled to one vote on such Board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board is cast in favor thereof. Action of the Governing Board shall be only at a meeting at which a majority of the members is present.
  3. The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide.
  4. The Governing Board shall elect annually, from among its members, a Chair, a Vice Chair, a Secretary, and a Treasurer. The Chair may not succeed himself or herself. The Governing Board may appoint an Executive Director and fix his or her duties and his or her compensation, if any. Such Executive Director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate.
  5. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the Executive Director, or if there be no Executive Director, the Chair, in accordance with such procedures as the bylaws may provide, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund.
  6. The Insurance Fund may borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation.
  7. The Insurance Fund may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation, and may receive, utilize, and dispose of the same. Any donation, gift, or grant accepted by the governing board pursuant to this subsection or services borrowed pursuant to subsection (h) of this article shall be reported in the annual report of the Insurance Fund. The report shall include the nature, amount, and conditions, if any, of the donation, gift, grant, or services borrowed and the identity of the donor or lender.
  8. The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and to rescind these bylaws. The Insurance Fund shall publish its bylaws in a convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.
  9. The Insurance Fund annually shall make to the Governor and Legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable.
  10. In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this compact.

    (a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of the state may provide, and who shall:

    1. assist in the coordination of activities pursuant to the compact in the state; and
    2. represent the state on the Governing Board of the Insurance Fund.

      (b) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by a number not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or the Executive Committee thereof.

      (c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the compact, supervising and giving direction to the expenditure of moneys from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the Chair, the Executive Committee, or a majority of the membership of the Governing Board.

      (d) At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications.

      (e) The Executive Committee shall be composed of the Chair of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The Chair of the Governing Board shall be the chair of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and vote in favor thereof. Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charges against the Insurance Fund.

      (a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves:

      (1) The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this compact.

      (2) The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this compact.

      (b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization, the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested.

      (c) In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing:

      (1) A detailed statement of the circumstances which occasion the request for the invoking of the compact.

      (2) Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass, or other plant having a substantial value to the requesting state.

    3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication, control, or prevention of introduction of the pest concerned.
    4. Proof that the expenditures being made or budgeted as detailed in subdivision (3) of this subsection do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in subdivision (3) of this subsection constitutes a normal level of pest control activity.
    5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the compact in the particular instance can be abated by a program undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time.
    6. Such other information as the Governing Board may require consistent with the provisions of this compact.

      (d) The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.

      (e) Upon the submission as required by subsection (c) of this article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.

      (f) A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within 20 days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize.

      (g) Responding states required to undertake or increase measures pursuant to this compact may receive moneys from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.

      (h) Before authorizing the expenditure of moneys from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.

      (i) The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states, and any other entities concerned.

      The Governing Board may establish Advisory and Technical Committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such Advisory or Technical Committee or any member or members thereof may meet with and participate in its deliberations upon request of the Governing Board or Executive Committee. An Advisory or Technical Committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee, and the Board or Committee may receive and consider the same, provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI(d) of the compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application.

      (a) A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this article.

      (b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI(d) of this compact, a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee.

      (c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside party states.

      (a) The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for a presentation to the legislature thereof.

      (b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The request for appropriations shall be apportioned among the party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products, the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products.

      (c) The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the "operating account" and the "claims account." The operating account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The claims account shall contain all moneys not included in the operating account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any time when the claims account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the claims account within such maximum limit. Any moneys in the claims account by virtue of conditional donations, grants, or gifts shall be included in calculations made pursuant to this subsection only to the extent that such moneys are available to meet demands arising out of the claims.

      (d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with moneys available to it under Article IV(g) of this compact, provided that the Governing Board take specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of moneys available to it under Article IV(g) hereof, the Insurance Fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same.

      (e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the Insurance Fund.

      (f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund.

      (a) This compact shall enter into force when enacted into law by any five or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

      (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

      This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

      Added 2009, No. 8 , § 2; amended 2013, No. 142 (Adj. Sess.), § 83; 2015, No. 23 , § 141.

ARTICLE V

Compact and Insurance Fund Administration

ARTICLE VI

Assistance and Reimbursement

ARTICLE VII

Advisory and Technical Committees

ARTICLE VIII

Relations with Nonparty Jurisdictions

ARTICLE IX

Finance

ARTICLE X

Entry Into Force and Withdrawal

ARTICLE XI

Construction and Severability

History

Amendments--2015. Article IV, subsec. (g): Added the second and third sentences.

Article IV, subsec. (i): Amended generally.

Amendments--2013 (Adj. Sess.). Article IV, subsec. (g): Deleted the second sentence.

Article IV, subsec. (i): Deleted the first sentence and substituted "reports to the governor and legislature of party states" for "such additional reports" following "fund may make".

§ 982. Cooperation of state agencies with Insurance Fund.

Consistent with law and within available appropriations, the departments, agencies, and officers of this State may cooperate with the Insurance Fund established by the Pest Control Compact.

Added 2009, No. 8 , § 2.

§ 983. Filing of bylaws and amendments.

Pursuant to 6 V.S.A. § 981 , Article IV(h) of the compact, copies of bylaws and amendments thereto shall be filed with the Agency of Agriculture, Food and Markets.

Added 2009, No. 8 , § 2.

§ 984. Compact Administrator.

The Compact Administrator for this State shall be the Secretary of Agriculture, Food and Markets or a designated representative. The duties of the Compact Administrator shall be deemed a regular part of the duties of the Secretary's office.

Added 2009, No. 8 , § 2.

§ 985. Request for assistance from Insurance Fund.

Within the meaning of 6 V.S.A. § 981 , Article VI(b) or Article VIII(a), a request or application for assistance from the Insurance Fund may be made by the Secretary of agriculture, Food and Markets or designee whenever in his or her judgment the conditions qualifying this State for such assistance exist and it would be in the best interest of this State to make such request.

Added 2009, No. 8 , § 2.

§ 986. Credit for expenditures.

The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to its, his, or her account in the State Treasury the amount or amounts of any payments made to this State to defray the cost of such program, or any part thereof, or as reimbursement thereof.

Added 2009, No. 8 , § 2.

§ 987. Executive head.

As used in the compact, with reference to this State, the term "executive head" shall mean the Governor.

Added 2009, No. 8 , § 2.

§§ 1021-1025. Repealed. 1995, No. 68 (Adj. Sess.), § 1.

History

Former §§ 1021-1025. Former § 1021, relating to the control area designation of the European corn borer, was derived from 1955, No. 14 , § 1; 1951, No. 102 , § 1; V.S. 1947, § 4584; 1945, No. 78 , § 1; 1939, No. 91 , § 1.

Former § 1022, relating to penalties for failing to comply with the designation requirements for the European corn borer control area, was derived from V.S. 1947, § 4585; 1939, No. 91 , § 2, and amended by 1965, No. 194 , § 10; 1973, No. 193 (Adj. Sess.), § 3.

Former § 1023, relating to complaint and investigation of neighboring lands likely to be harboring the European corn borer, was derived from V.S. 1947, § 4586; 1939, No. 91 , § 3; P.L. § 4451; 1933, No. 157 , § 4184; 1929, No. 11 ; G.L. § 431; 1917, No. 19 , §§ 1-3; 1915, No. 18 , §§ 1-3; 1912, No. 26 ; 1910, No. 17 ; 1908, No. 11 , § 8; P.S. § 283; 1906, No. 223 , §§ 1, 2, and amended by 1989, No. 256 (Adj. Sess.), § 10(a).

Former § 1024, relating to penalties on the landowner for failing to carry out the control measures of the European corn borer, was derived from V.S. 1947, § 4587; 1947, No. 202 , § 4538; 1939, No. 91 , § 4; P.L. § 4452; 1933, No. 157 , § 4185; 1929, No. 11 ; G.L. § 431; 1917, No. 19 , §§ 1-3; 1915, No. 18 , §§ 1-3; 1912, No. 26 ; 1910, No. 17 ; 1908, No. 11 , § 8; P.S. § 283; 1906, No. 223 , §§ 1, 2.

Former § 1025, relating to dutch elm disease, was derived from 1957, No. 144 , §§ 1, 2; 1949, No. 107 , § 1, and amended by 1989, No. 256 (Adj. Sess.), § 10(a).

CHAPTER 84. PEST SURVEY, DETECTION, AND MANAGEMENT

Sec.

History

Moratorium on aerial or broadcast application of herbicides. 1997, No. 30 , § 1, provided: "A moratorium is imposed on the aerial or other broadcast application of herbicides, as herbicides are defined in section 911 of Title 6, for forestry purposes. As used in this section, 'the application of herbicides for forestry purposes' is limited to the use of herbicides in the commercial production of hardwoods and softwoods and does not include the use of herbicides in the production of agricultural products as defined in 6 V.S.A. § 2964(e), or the use of herbicides to preserve utility rights-of-way. For purposes of this section, broadcast application is defined as general application to an area other than by on-foot application to specific target plants using any of the following application methods: backpack mist sprayer, tree injector, handheld spray bottle, wick, or brush."

§ 1030. Definitions.

Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

  1. "Beneficial organism" means any organism which, during its life cycle, is an effective pollinator of plants, a parasite or predator of pests, or otherwise beneficial.
  2. "Biological control agent" means any living organism applied to or introduced into the environment that is intended to function as a controlling agent against another organism.
  3. "Secretary" means the Secretary of Agriculture, Food and Markets, or his or her designee.
  4. "Compliance agreement" means a written agreement between the Agency and any person engaged in growing, handling, or moving regulated articles, plant pests, plants, parts of plants, or plant products regulated under this chapter, where the person agrees to comply with stipulated requirements.
  5. "Agency" means the Vermont Agency of Agriculture, Food and Markets.
  6. "Genetically modified organism" means any organism altered or produced through genetic modification from a donor, vector, recipient organism, or by other means using modern molecular techniques.
  7. "Host" means any plant pest, plant, plant product, or other organism upon which a pest or beneficial organism is dependent for completion of any portion of its life cycle.
  8. "Infested area" means an area which has been determined to have an established pest population.
  9. "Permit" means a document issued by the Secretary to provide for the importation of plant pests, biological control agents, or regulated articles into the State and their movement within the State to restricted destinations for limited handling, utilization, or processing.
  10. "Person" means any individual or combination of individuals, partnership, corporation, company, society, association, governmental organization, university, or other entity and each officer, agent, or employee.
  11. "Plant and plant products" means trees, shrubs, and vines; forage, fiber, and cereal plants; cuttings, grafts, scions, buds, and lumber; fruit, vegetables, roots, bulbs, seeds, and wood; and all other plants, parts of plants, and plant products.
  12. "Plant pest" means any living stage of: insects, mites, nematodes, slugs, snails, protozoa, or any other invertebrate animals; bacteria, fungi, mycoplasma, or other parasitic plants, weeds, or reproductive parts thereof; viruses or any organisms similar to or allied with any of the foregoing; and any genetically modified organisms or biological control agents that may directly or indirectly injure or cause disease or damage to any beneficial organisms, plants, parts of plants, or plant products.
  13. "Quarantine" means a legal declaration by the Secretary to prevent the spread of highly injurious plant pests that specifies the plant pest, plants, parts of plants, plant products, regulated articles, conditions governing movement, the area or areas quarantined, and any exemptions.
  14. "Regulated article" means an article of any character carrying or capable of carrying a plant pest.

    Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 22.

History

2016. In subdiv. (4), substituted "Agency" for "Department".

Amendments--2017 (Adj. Sess.). Subdiv. (13): Substituted "that" for "which" following "plant pests" and deleted "or the" preceding "regulated articles".

Amendments--2003. Substituted "secretary" for "commissioner" in three places and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in one place.

§ 1031. Functions of Secretary of Agriculture, Food and Markets and Commissioner of Forests, Parks and Recreation cooperation.

Under the provisions of this chapter, the Secretary of Agriculture, Food and Markets shall have jurisdiction over plans for the survey, detection, and management of agricultural plant pests, and the Commissioner of Forests, Parks and Recreation over plans for the survey, detection, and management of forest pests. When the word "Secretary" is used in sections 1033 and 1034 of this title, it shall mean either the Secretary of Agriculture, Food and Markets or the Commissioner of Forests, Parks and Recreation. The two officials shall cooperate with each other on jointly operated projects to avoid duplication of efforts or duties.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 121 (Adj. Sess.), § 87, eff. June 8, 2004.

History

Amendments--2003 (Adj. Sess.). Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

§ 1032. Powers of the Secretary.

The Secretary in furtherance of the purposes of this chapter may:

  1. Adopt and amend rules as he or she deems necessary in order to carry out the provisions of sections 1033, 1034, 1035, and 1040 of this chapter.
  2. Appoint assistants, subject to applicable laws and rules, to perform or assist in the performance of any of the duties or functions of the Secretary under this chapter.
  3. Excluding private domiciles and curtilage, enter any premises, public or private, as may be necessary to carry out the provisions of this chapter. Whenever practicable, advance notice of a proposed survey or examination shall be given to the owner or occupant of the property to be entered.
  4. Solicit and receive federal or private funds.
  5. Cooperate with the federal government and any agencies, departments, and instrumentalities of the federal government, the State of Vermont and any agencies, departments, divisions, or political subdivisions of the State, and any other state or commonwealth and any agencies, departments, or political subdivisions of a state or commonwealth, in order to carry out the provisions of this chapter.
  6. Enter into compliance agreements with any person engaged in growing, handling, or moving regulated articles, plant pests, plants, or plant products.

    Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner".

§ 1033. Detection and abundance surveys; eradication and suppression.

The Secretary may conduct detection and abundance surveys for plant pests of an injurious nature that may be present in the State to determine the necessity for establishing control practices. When the Secretary determines that a new injurious plant pest exists within the State or that an established pest requires control and the nature of the pest dictates immediate action, he or she may proceed with a plan of eradication or suppression.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 1034. Quarantines.

The Secretary may establish and maintain quarantines and adopt other orders and rules pursuant to 3 V.S.A. chapter 25 concerning the planting, exposing, sale, importation, and transportation of all plants and plant products and regulated articles capable of carrying plant pests of an injurious nature in any living stage within the State.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" within the section.

§ 1035. Permits.

No person shall sell, offer for sale, barter, expose, move, transport, deliver, ship, or offer for shipment into or within this State any plant pest or biological control agent in any living stage without first obtaining a federal permit, where applicable, and a State permit from the Secretary. A State permit may only be issued after it has been determined by the Secretary that the plant pests or biological control agents are not injurious, are generally present already, or are for scientific purposes subject to specified safeguards.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 23.

History

Amendments--2017 (Adj. Sess.). Substituted "shall" for "may" preceding "sell" and deleted "either" following "obtaining" in the first sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 1036. Technical assistance.

The Secretary may provide technical assistance in the area of pest management. Such assistance may include diagnostic services, pest identification, and pest management recommendations. The Secretary is also authorized to conduct demonstrations, investigations, and case studies on pest management strategies.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 1037. Administrative orders.

The Secretary may issue cease and desist orders and institute appropriate proceedings on behalf of the agency to enforce this chapter or any rules adopted under this chapter. Whenever the Secretary believes that any person is in violation of this chapter or rules adopted under this chapter, an action may be brought in a court of competent jurisdiction to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions or other relief as may be necessary and appropriate for abatement of any violations.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" and "agency" for "department".

§ 1038. Administrative penalties.

A person who violates any provisions of this chapter or a rule adopted under this chapter may be assessed an administrative penalty by the Secretary pursuant to the provisions of section 15 of this title.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" within the section.

§ 1039. Confidentiality of trade secrets.

The Secretary may not make information public which contains or relates to trade secrets, commercial, or financial information obtained from a person which is privileged or confidential. However, when the information is necessary to carry out the provisions of this chapter or any of the rules adopted under this chapter, this information may be revealed, subject to a protective order, to any federal or state agency, or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the Secretary.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 1040. Compensation for destruction.

When in the suppression of insect pests or plant diseases it becomes necessary for the Secretary to destroy the hosts of such pests or diseases, compensation shall be made as follows: the Secretary and owner of lands upon which the plants are destroyed shall agree upon the price to be paid as compensation. The impact of the pest or disease on the fair market value of the plant shall be considered. However, compensation shall not be made for wild or uncultivated trees, plants, or shrubbery which are ordered destroyed on account of disease or infestation. When plants have been destroyed and compensation accepted, no other such host plants may be maintained on the premises until all danger from the spread of the pest or disease is past.

Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

CHAPTER 85. MOSQUITO ABATEMENT

Sec.

§ 1081. Repealed. 1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.

History

Former § 1081. Former § 1081, relating to the mosquito control advisory committee, was derived from V.S. 1947, § 4591; 1947, No. 76 , § 2.

§ 1082. Mosquito and biting arthropod control by Agency.

The Secretary of Agriculture, Food and Markets shall, when funds are available, consider and study mosquito and other biting arthropod control problems, coordinate plans for mosquito and other biting arthropod control work that may be projected by groups, organizations, towns, or towns initiating joint compacts as provided under chapter 121 of Title 24, and arrange, so far as possible, cooperation among state departments and with federal government agencies in the mosquito and other biting arthropod control operations within the State.

Amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4592. 1947, No. 76 , § 2.

Revision note. Substituted "the" for "that" preceding "state" at the end of the section to correct an apparent typographical error.

Amendments--2003. Substituted "agency" for "department" and "secretary" for "commissioner".

Amendments--1977. Inserted "and biting arthropod" preceding "control" in the section catchline and in the text of the section, deleted "or" preceding "organizations", inserted "towns or towns initiating joint compacts as provided under chapter 121 of Title 24" thereafter, and inserted "and other biting arthropod" following "mosquito" wherever it appeared.

Amendments--1959 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Use of motorboat registration fund for mosquito control, see 23 V.S.A. § 3319(b)(4).

§ 1083. Duties of Secretary of Agriculture, Food and Markets; authority of landowners to use mosquito controls.

  1. The Secretary of Agriculture, Food and Markets shall personally or through his or her duly authorized agents:
    1. Survey swamps or other sections within the State suspected of being mosquito or other biting arthropod breeding areas.
    2. Map each section so surveyed, indicate all mosquito or other biting arthropod breeding places therein, and determine methods best adapted for mosquito or other biting arthropod abatement in such areas by drainage, oiling, or other means.
    3. Investigate the mosquito or other biting arthropod life history and habits and determine the species present within the areas, and make any other studies he or she deems necessary to provide useful information in mosquito or other biting arthropod abatement.
    4. Make the results of his or her surveys, investigations, and studies available to the State Board of Health, selectboard members, or mayors of towns or cities, as the case may be, in which work was done; also upon request, to any organizations, public or private, or individuals interested in mosquito or other biting arthropod control work.
    5. Issue or deny permits to any person for the use of larvicides or pupacides for mosquito control in the waters of the State pursuant to procedures adopted under 3 V.S.A. chapter 25. Such procedures shall include provisions regarding an opportunity for public review and comment on permit applications. Persons applying for a permit shall apply on a form provided by the Agency. The Secretary shall seek the advice of the Vermont Pesticide Advisory Council when designating acceptable control products and methods for their use, and when adopting or amending procedures for implementing this subsection. Before issuing a permit under this subsection, the Secretary shall find, after consultation with the Secretary of the Agency of Natural Resources, that there is acceptable risk to the nontarget environment and that there is negligible risk to public health.
    6. Notwithstanding the provisions of subdivision (5) of this subsection, when the Commissioner of Health has determined that available information suggests that an imminent risk to public health exists as a result of a potential outbreak of West Nile Virus or other serious illness for which mosquitoes are vectors, the Secretary of Agriculture, Food and Markets may issue permits for the use of larvicides or pupacides for mosquito control without prior public notice or comment.
  2. Notwithstanding any provisions of law to the contrary, a landowner may use biological larvicides or pupacides on his or her own land for mosquito control without obtaining a permit, provided that the biological larvicide or pupacide is designated as an acceptable control product for this purpose by the Secretary.

    Amended 2001, No. 61 , § 52, eff. June 16, 2001; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. 1951, No. 170 , § 459. V.S. 1947, § 4593. 1947, No. 76 , § 1.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(4): Substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the catchline, substituted "secretary" for "commissioner" wherever it appeared throughout the section, and in subdiv. (5), substituted "agency" for "department" in the third sentence.

Amendments--2001. Section amended generally.

Amendments--1977. Inserted "or other biting arthropod" following "mosquito" throughout the section.

Amendments--1959 (Adj. Sess.). Deleted "after consultation with the mosquito control advisory committee" following "agriculture" in the introductory paragraph and substituted "state board of health" for "mosquito control advisory committee, the state health commission" preceding "selectmen" in subdiv. (4).

§ 1084. Engineers or technicians; equipment; entry on lands.

The Secretary may employ one or more trained mosquito control engineers or technicians to carry out provisions of section 1083 of this title and procure such equipment as is necessary. The Secretary and his or her duly authorized agents may enter upon any lands in the State making the aforementioned surveys, investigations, and studies.

Amended 1959, No. 329 (Adj. Sess.), § 14, eff. March 1, 1961; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4594. 1947, No. 76 , § 1.

Revision note. In the first sentence, substituted "section 1083" for "section 1038" to correct an error in the reference.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1959 (Adj. Sess.). Deleted "with the approval of the mosquito control advisory committee" following "employ" in the first sentence.

§ 1085. Mosquito Control Grant Program.

  1. A Mosquito Control District formed pursuant to 24 V.S.A. chapter 121 may apply, in a manner prescribed by the Secretary, in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for mosquito control activities.
  2. After submission of an application under subsection (a) of this section, the Secretary of Agriculture, Food and Markets may award a grant of 75 percent or less of the project costs for the purchase and application of larvicide and the costs associated with required larval survey activities within a Mosquito Control District. The Mosquito Control District may provide 25 percent of the project costs through in-kind services, including adulticide application or the purchase of capital equipment used for mosquito control activities. At the Secretary's discretion, costs associated with capital equipment that may be required for larval control programs within a Mosquito Control District may be eligible for grant awards up to 75 percent of the total equipment costs.
  3. The Secretary of Agriculture, Food and Markets shall make awards under this section to priority projects to the extent funds are available. In establishing priorities for individual projects, the Agency shall consider the following:
    1. the history of mosquito breeding in the Mosquito Control District based on epizootic mosquito population;
    2. the history of mosquito populations in the Mosquito Control District in relation to mosquito breeding areas; and
    3. a recommendation by the Agency of Agriculture, Food and Markets or a local survey approved by the Agency of Agriculture, Food and Markets regarding local mosquito breeding habitat or adult mosquito populations within the Mosquito Control District.
  4. Prior to an award of a grant under this section, a Mosquito Control District shall provide the Secretary of Agriculture, Food and Markets with proof of financial insurance for mosquito control activities and shall submit a notice of intent to apply for a permit issued under section 1083 of this title.
  5. Larvicide application funded in part under this section shall occur only after the Secretary of Agriculture, Food and Markets approves treatment as warranted within a Mosquito Control District. The approval of the Secretary shall be based upon a biological assessment of mosquito larvae and pupae populations by a technician trained and approved by the Agency of Agriculture, Food and Markets.
  6. The Secretary of Agriculture, Food and Markets may use State funds appropriated for mosquito control assistance under this section for mosquito control projects or studies that are in the best interests of the State when an appropriate Mosquito Control District is not available or not eligible to receive a grant.
  7. The Secretary may adopt rules to carry out the provisions of this section.

    Added 2007, No. 34 , § 1, eff. May 18, 2007; amended 2013, No. 83 , § 9, eff. June 10, 2013; 2013, No. 159 (Adj. Sess.), § 3.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Added the third sentence.

Amendments--2013. Subsec. (a): Inserted "24 V.S.A." preceding "chapter" and deleted "of Title 24" preceding "may".

Subsec. (b): Inserted "and the costs associated with required larval survey activities within a mosquito control district" following "larvicide".

CHAPTER 87. CONTROL OF PESTICIDES

Sec.

History

Moratorium on aerial or broadcast application of herbicides. 1997, No. 30 , § 1, provided: "A moratorium is imposed on the aerial or other broadcast application of herbicides, as herbicides are defined in section 911 of Title 6, for forestry purposes. As used in this section, 'the application of herbicides for forestry purposes' is limited to the use of herbicides in the commercial production of hardwoods and softwoods and does not include the use of herbicides in the production of agricultural products as defined in 6 V.S.A. § 2964(e), or the use of herbicides to preserve utility rights-of-way. For purposes of this section, broadcast application is defined as general application to an area other than by on-foot application to specific target plants using any of the following application methods: backpack mist sprayer, tree injector, handheld spray bottle, wick, or brush."

Neonicotinoid pesticides; safety and use. 2013, No. 159 (Adj. Sess.), § 17, eff. May 28, 2014, provides: "The Secretary of Agriculture, Food, and Markets shall evaluate whether the use or application of the pesticides imidacloprid, clothianiden, thiamethoxam, donotafuran, or any other member of the nitro group of neonicotinoid pesticides is safe and not harmful to human health or the health of bees and other pollinators in the State."

Cross References

Cross references. Implementation and enforcement of statutes and rules relating to waste economic poisons, see 10 V.S.A. § 6608a.

§ 1101. Definitions.

As used in this chapter unless the context clearly requires otherwise:

  1. "Secretary" shall have the meaning stated in subdivision 911(4) of this title.
  2. "Cumulative" when used in reference to a substance means that the substance so designated has been demonstrated to increase twofold or more in concentration if ingested or absorbed by successive life forms.
  3. "Dealer or pesticide dealer" means any person who regularly sells pesticides in the course of business, but not including a casual sale.
  4. "Economic poison" shall have the meaning stated in subdivision 911(5) of this title.
  5. "Pest" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganisms, which the Secretary declares as being injurious to health or environment. Pest shall not mean any viruses, bacteria, or other microorganisms on or in living humans or other living animals.
  6. "Pesticide" for the purposes of this chapter shall be used interchangeably with "economic poison."
  7. "Treated article" means a pesticide or class of pesticides exempt under 40 C.F.R. § 152.25(a) from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136-136y.

    Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1975, No. 39 , § 2; 1987, No. 71 , § 3; 2003, No. 42 , § 2; 2015, No. 99 (Adj. Sess.), § 1.

History

Amendments--2015 (Adj. Sess.). Subdiv. (5): Substituted "humans" for "man".

Subdiv. (7): Added.

Amendments--2003. Substituted "secretary" for "commissioner".

Amendments--1987. Redesignated former subdivs. (3)-(5) as subdivs. (4)-(6) and added a new subdiv. (3).

Amendments--1975. Subdiv. (4): Amended generally.

§ 1102. Pesticide Advisory Council established.

  1. The Pesticide Advisory Council is established and attached to the Agency of Agriculture, Food and Markets. Members of the Council, except those public members appointed by the Governor, shall be qualified individuals who, by experience and training, are knowledgeable in one or more areas associated with pest control. The Secretary, or Commissioner as the case may be, shall represent each Department or Agency on the Council:
    1. The Department of Fish and Wildlife.
    2. The Department of Environmental Conservation.
    3. The Agency of Agriculture, Food and Markets.
    4. The Department of Forests, Parks and Recreation.
    5. The Department of Health.
    6. The Agency of Transportation.
    7. One physician from the College of Medicine of the University of Vermont nominated by its dean.
    8. One representative in the area of entomology, plant pathology, or weed control from the University of Vermont Extension to be named by the Director.
    9. One representative in the area of pesticide research from the Vermont Agricultural Experiment Station named by the Dean of the College of Agriculture and Life Sciences of the University of Vermont.
    10. Two members appointed by the Governor. In choosing these members, the Governor shall consider people who have knowledge and qualities that could be useful in pursuing the goals and functions of the Council. One of these members shall have practical experience in commercial agricultural production and shall be appointed in consultation with the Secretary.
  2. Each State or university member of the Council shall serve until his or her resignation or until his or her successor is appointed or otherwise designated in accordance with this chapter.  Public members of the Pesticide Advisory Council shall be appointed for terms of three years, except initially, appointments shall be made such that one member shall serve for a term of one year and one for a term of two years.
  3. The Chair of the Council shall be designated by the Governor and serve as his or her personal representative and shall coordinate activities on the Council.
  4. The functions of the Council are:
    1. To review insect, plant disease, weed, nematode, rodent, noxious wildlife, and other pest control programs within the State and to assess the effect of such programs on human health and comfort, natural resources, water, wildlife, and food and fiber production and, where necessary, make recommendations for greater safety and efficiency.
    2. To serve as the advisory group to State agencies having responsibilities for the use of pesticides as well as to other State agencies and departments.
    3. To advise the Executive Branch of State government with respect to legislation concerning the use of various pest control measures.
    4. To suggest programs, policies, and legislation for wise and effective pesticide use that lead to an overall reduction in the use of pesticides in Vermont consistent with sound pest or vegetative management practices.
    5. To recommend studies necessary for the performance of its functions as established under this section.
    6. To recommend targets with respect to the State goal of achieving an overall reduction in the use of pesticides consistent with sound pest or vegetative management practices and to measure the State's progress in reaching those targets and attaining that goal. The targets should be designed to enable evaluation of multiple measures of pesticide usage, use patterns, and associated risks. Targets should take into consideration at a minimum the following:
      1. reducing the amount of acreage where pesticides are used;
      2. reducing the risks associated with the use of pesticides;
      3. increasing the acreage managed by means of integrated pest management techniques;
      4. decreasing, within each level of comparable risk, the quantity of pesticides applied per acre; and
      5. making recommendations regarding the implementation of other management practices that result in decreased pesticide use.
    7. To recommend to the Secretary policies, proposed rules, or legislation for the regulation of the use of a treated article when the Council determines that use of the treated article will have a hazardous or long-term deleterious effect on the environment in Vermont, presents a likely risk to human health, or is dangerous. In developing recommendations under this subdivision, the Council shall review:
      1. alternatives available to a user of a treated article; and
      2. the potential effects on the environment or risks to human health from use of the available alternatives to a treated article.
  5. The Council shall meet semiannually, once in the fall and once in the spring. Meetings at other times may be called by the Governor, by the Chair, or by a member of the Council. Attendance at Council meetings shall not be required of the commissioners of departments within the Agency of Natural Resources or their designees; however, at least one of these commissioners or the commissioner's designee shall attend each meeting of the Council. The Council's proceedings shall be open to the public and its deliberations shall be recorded and made available to the public, along with its work product.

    Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 71 , § 4; 1987, No. 76 , § 18; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 79 , § 4; 1995, No. 189 (Adj. Sess.), § 1; 1999, No. 141 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 33 , § 12; 2015, No. 11 , § 5; 2015, No. 99 (Adj. Sess.), § 2; 2019, No. 61 , § 14.

History

Revision note. Deleted "and" from the end of subdiv. (a)(8) to conform section to V.S.A. style.

Amendments--2019. Subdiv. (d)(6): Substituted "measure" for "issue an annual report to the General Assembly, detailing" in the first sentence.

Amendments--2015 (Adj. Sess.) Subdiv. (d)(1): Substituted "fiber" for "fibre" preceding "production".

Subdiv. (d)(7): Added.

Subsec. (e): Substituted "The Council's" for "Council" preceding "proceedings".

Amendments--2015. Subdiv. (d)(6): Substituted "targets" for "benchmarks" wherever it appeared, "at a minimum" for "but shall not be limited to" following "consideration" in the introductory paragraph, "making recommendations" for "recommendations" preceding "regarding" in subdiv. (E), and made minor stylistic changes throughout.

Amendments--2009. Subsec. (d): Deleted former subdiv. (5), requiring annual report on pesticides that warrant stricter control because of hazardous characteristics and redesignated former subdivs. (6) and (7) as present subdivs. (5) and (6).

Amendments--2003. Substituted "secretary" for "commissioner" and "agency" for "department" wherever it appeared throughout the section.

Amendments--1999 (Adj. Sess.). Subsec. (c): Substituted "The chair" for "The chairman".

Subsec. (d): Substituted "the use of pesticides as well as to other state agencies and departments" for "the use and disposal of pesticides" in subdiv. (2) and added subdivs. (6) and (7).

Subsec. (e): Added the fourth sentence.

Amendments--1995 (Adj. Sess.) Subsec. (e): Substituted "semiannually" for "biennially" following "meet" in the first sentence, substituted "chair" for "chairman" in the second sentence and added the third sentence.

Amendments--1991. Subdiv. (a)(10): Added "and shall be appointed in consultation with the Commissioner" following "production" in the third sentence.

Subdiv. (b): Inserted "and" following "one year" and deleted "and one member for a term of three years" following "two years".

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in the first sentence of the introductory paragraph of subsec. (a) and in subdiv. (a)(3).

Amendments--1987. Act No. 71 rewrote subsecs. (a)-(d).

Act No. 76 substituted "department of environmental conservation" for "department of water resources and environmental engineering" in subdiv. (a)(2).

Amendments--1983 (Adj. Sess.). Subdiv. (a)(1): Substituted "fish and wildlife department" for "fish and game department".

§ 1103. Regulation by Secretary.

  1. General authority.  The Secretary shall have responsibility for regulating and controlling the sale, use, storage, treatment, and disposal of pesticides and pesticide wastes, in order to promote the public health, safety, and welfare and protect agricultural and natural resources. In the performance of such duties the Secretary shall act upon the advice of the Pesticide Advisory Council, and subject to the approval of the Governor.
  2. Management program.  By January 1, 1993, the Secretary, in conjunction with the committee described in this section, shall make recommendations to the Vermont legislature regarding a management program for unwanted, obsolete, and waste quantities of pesticides. These recommendations shall be of a nature that, if implemented, will provide for the proper management of these pesticides and address all pesticides sold into the State of Vermont. These recommendations shall include recommendations for funding.
  3. Management program committee.  The committee convened by the Secretary to make the recommendations required under this section shall be composed of at least the following members, appointed by the Secretary:
    1. a representative from the Agency of Natural Resources;
    2. a representative from a regional planning commission;
    3. a representative from a farmer group;
    4. a representative from an environmental group;
    5. a representative from the manufacturers of pesticides;
    6. a representative from a retail sales association;
    7. a representative from the Department of Health;
    8. a representative of the general public.
  4. Management program recommendations.  Recommendations for the program under this section shall include, at least, recommendations related to the following:
    1. responsibility of manufacturers of pesticides;
    2. responsibility of retailers and wholesalers;
    3. responsibility of consumers;
    4. responsibility of government;
    5. public education efforts to inform consumers;
    6. efforts to prioritize collection of pesticides;
    7. efforts to divert pesticides from the municipal waste stream;
    8. opportunities to use up pesticides in the possession of consumers;
    9. funding of all program elements;
    10. identification of characteristics of pesticides which should be banned from landfill disposal;
    11. date at which pesticides should be banned from landfill disposal.

      Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1981, No. 53 , § 1; 1991, No. 210 (Adj. Sess.), § 2; 2003, No. 42 , § 2, eff. May 27, 2003.

History

2017 In the introductory language of subsec. (d), substituted "under this section" for "indicated above" for clarity.

Amendments--2003. Substituted "secretary" for "commissioner".

Amendments--1991 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), added the subsec. (a) catchline, and added subsecs. (b)-(d).

Amendments--1981. Substituted "sale, use, storage, treatment and disposal" for "sale and use" preceding "of pesticides" and inserted "and pesticide wastes" thereafter in the first sentence.

§ 1104. Powers of Secretary.

The Secretary in furtherance of the purposes of this chapter may:

  1. Regulate and license the display, sale, application, use, storage, treatment, and disposal of economic poisons and their waste products and establish restrictions on the use, application, storage, treatment, and disposal of economic poisons and their waste products which are deemed toxic or hazardous to humans, animals, or the natural environment.
  2. Examine, test, and approve any apparatus or equipment used in dispensing, applying, storing, treating, or disposing of economic poisons or their waste products. Such equipment shall be in good working order and free of defective parts, and equipment used for applying economic poisons shall be capable of dispensing prescribed amounts of pesticides to the target without undue hazard to the operator or nontarget areas.
  3. Adopt standards, procedures, and requirements relating to the display, sale, use, application, treatment, storage, or disposal of economic poisons or their waste products and limit the conditions under which the same may be sold, used, treated, stored, or disposed of. The use of pesticides which the Secretary finds to have a hazardous or long-term deleterious effect on the environment shall be restricted, and permits shall be required for their use in accordance with rules adopted by the Secretary. Specific uses of certain pesticides deemed to present a likely risk to human health or be dangerous shall be restricted by rule or by ordering the deletion of certain uses for registered pesticides from the label on pesticide products to be marketed in the State. Approved methods for the safe display, storage, and shipping of poisonous pesticides shall be prescribed and enforced. Procedures for the disposal of pesticides which are illegal, obsolete, surplus, or in damaged containers shall be adopted and enforced with the cooperation of the Agency of Natural Resources.
  4. Enter any premises, public or private, as may be necessary to carry out the provisions of this chapter.
  5. Issue licenses, permits, and certificates pursuant to this chapter.
  6. Require pesticide dealers and applicators to keep records of the sale and use of pesticides deemed particularly toxic or hazardous by the Pesticide Advisory Council and to have such records available for examination by the Secretary or his or her agents at his or her request; the accounting for kinds and amounts of such economic poisons, to whom sold, and where and when used, and the reporting of incidents resulting from accidental contamination or misapplication of pesticides which present a hazard to humans, animals, or the environment, may be required.
  7. [Repealed.]
  8. Revoke or suspend any license or certificate for failure to comply with this chapter or any rule adopted under its authority, or for being subject to a final order imposing a civil penalty under 7 U.S.C. § 136l or for being convicted under 7 U.S.C. § 136l on due notice to the licensee or holder of the certificate with an opportunity for hearing if a written request for hearing is filed with the Secretary within five days of receipt of notice of a violation.
  9. Make, adopt, revise, and amend reasonable rules as he or she deems necessary with the advice of the Pesticide Advisory Council in order to carry out the provisions of this chapter.
  10. Appoint assistants, subject to applicable laws and rules, to perform or assist in the performance of any duties or functions of the Secretary under this chapter.
  11. Enter into reciprocal agreements with appropriate pesticide control agencies of other states or the federal government for the acceptance of licensing and certification of pesticide applicators and operators, provided their standards and administration are substantially equal to the standards established by the Secretary under the provisions of this chapter and the rules adopted under this chapter.
  12. Cooperate fully with the federal government or other agency in the operation of any joint federal-state programs concerning the rule of the application or use of pesticides, such programs, including the program promulgated by Public Law 92-516 of the 92nd Congress.
  13. Institute appropriate proceedings on behalf of the Agency to enforce this chapter and any rules adopted pursuant to this chapter. Whenever the Secretary believes that any person is in violation of the provisions of this chapter or rules adopted pursuant to this chapter, an action may be brought in the name of the Agency in a court of competent jurisdiction against the person to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions without bond, and other relief as may be necessary and appropriate for abatement of any violation.
  14. In any case in which the Secretary has authority to institute an action or proceeding under this chapter, in lieu thereof he or she may accept an assurance of discontinuance of any violation of any of the statutes and rules specified in this chapter, including schedules of abatement for a violation. Any assurance of discontinuance shall be prepared in writing with the assistance of the Attorney General. The assurance shall be signed by all parties, and at the discretion of the Secretary, the Attorney General shall submit the assurance of discontinuance to the Superior Court having jurisdiction over the subject matter and shall request that the presiding judge sign the document and issue it as an order of the court. Evidence of a violation of such assurance shall be prima facie proof of violation of a statute or rule specified in this chapter as cited in the assurance. Prior to institution of any action or proceeding under this subdivision, the Secretary whenever he or she believes any person to be or to have been in violation of any statute or rule specified in this subdivision may issue a notice of violation setting forth the nature of the violation, the corrective action necessary to abate the violation, and the notice of intention to institute an action or proceeding against the person responsible for the violation. In that event, the Secretary shall provide the person within 30 days of the notice an opportunity to be heard and an opportunity to settle the matter by an assurance to discontinue prior to instituting an action or proceeding as provided for in this subdivision.
  15. Require correction of sources of pesticide contamination that threaten human health or the environment.
  16. Conduct a collection program for obsolete and unwanted pesticides.
  17. Make information reported to the Agency relative to the use of pesticides available to the public via the Internet or in any other way deemed appropriate, and may allow the required reporting of pesticide use data to be submitted electronically.

    Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1975, No. 39 , § 3; 1975, No. 220 (Adj. Sess.), § 10; 1981, No. 53 , §§ 2, 4; 1987, No. 76 , § 18; 1989, No. 257 (Adj. Sess.), § 8; 1991, No. 79 , § 5; 1995, No. 125 (Adj. Sess.), § 3; 1999, No. 49 , § 116(2); 1999, No. 141 (Adj. Sess.), § 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 99 (Adj. Sess.), § 4; 2017, No. 74 , § 8; 2017, No. 113 (Adj. Sess.), § 24.

History

Reference in text. Public Law 92-516, referred to in subdiv. (12), is codified as 7 U.S.C. § 136 et seq.

Revision note. In subdiv. (8), substituted "7 U.S.C. section 136l " for "7 U.S.C. section 136(j)" to correct an error in the references.

Amendments--2017 (Adj. Sess.). Subdiv. (11): Substituted "adopted under this chapter" for "thereto" at the end of the paragraph.

Amendments--2017. Subdiv. (3): Substituted "rule" for "regulation" throughout; and made related changes.

Subdiv. (8): Substituted " § " for "section" twice.

Subdiv. (9): Deleted "and regulations" following "rules".

Subdiv. (12): Inserted a comma following "programs"; and deleted "but not limited to" following "including".

Subdiv. (13): Substituted "rules adopted pursuant to this chapter" for "regulations duly promulgated thereunder" at the end of the first sentence; in the second sentence, substituted "pursuant to this chapter," for "thereunder".

Subdiv. (14): Substituted "in this chapter" for "above" preceding "as cited in" in the fourth sentence.

Amendments--2015 (Adj. Sess.). Subdiv. (3): Substituted "long-term" for "long term" following "hazardous or" and "present a likely risk to human health or be" for "be unwise or" preceding "dangerous".

Amendments--2003. Substituted "secretary" for "commissioner" and "agency" for "department" wherever it appeared throughout the section.

Amendments--1999 (Adj. Sess.). Subdiv. (17): Added.

Amendments--1999. Subdiv. (7): Repealed.

Amendments--1995 (Adj. Sess.) Subdiv. (16): Added.

Amendments--1991. Subdiv. (15): Added.

Amendments--1989 (Adj. Sess.). Subdiv. (7): Inserted "or certification" preceding "fee", substituted "$75.00" for "$35.00", and inserted "or certificates" preceding "under".

Amendments--1987. Subdiv. (3): Substituted "agency of natural resources" for "agency of environmental conservation" at the end of the subdiv.

Amendments--1981. Subdiv. (1): Amended generally.

Subdiv. (2): Rewrote the first sentence and inserted "equipment used for applying economic poisons shall be" preceding "capable" in the second sentence.

Subdiv. (3): Inserted "treatment, storage" following "application", "or their waste products" preceding "and limit" and "treated, stored" following "sold, used" in the first sentence, and substituted "agency of environmental conservation" for "department of health" following "cooperation of the" in the fifth sentence.

Subdiv. (13): Added.

Subdiv. (14): Added.

Amendments--1975 (Adj. Sess.). Subdiv. (7): Substituted "$35.00" for "$25.00".

Amendments--1975. Deleted "and subject to the approval of the governor" following "chapter" and substituted "may" for "shall" thereafter in the introductory paragraph, inserted "or for being subject to a final order imposing a civil penalty under 7 U.S.C. section 136(j) or for being convicted under 7 U.S.C. section 136(j)" following "authority" and made other minor stylistic changes in subdiv. (8), and added subdivs. (11) and (12).

Consistency of treated article requirements. 2015, No. 99 (Adj. Sess.), § 5 provides: "The Secretary of Agriculture, Food and Markets shall not establish requirements, best management practices, standards, or procedures under 6 V.S.A. § 1105a for a treated article, class of treated articles, or release from a treated article when, and to the extent that, the sale, use, storage, disposal, inspection, recordkeeping, reporting, or corrective action of a treated article, class of treated article, or release from a treated article is regulated by another agency, department, board, or instrumentality of the State under rule, order, practice, procedure, or exercise of statutory authority."

§ 1105. Use and sale of DDT prohibited.

No person shall sell, use, or apply dichloro-diphenyl-trichloro-ethane, sometimes referred to as DDT, on or after December 31, 1971, except when the Secretary certifies that an emergency exists which requires its use. When the Secretary finds that an emergency exists and so certifies, he or she shall prescribe the conditions under which and the period for which it may be used.

Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 1105a. Treated articles; powers of Secretary; best management practices.

  1. The Secretary of Agriculture, Food and Markets, upon the recommendation of the Pesticide Advisory Council, may adopt by rule:
    1. best management practices, standards, procedures, and requirements relating to the sale, use, storage, or disposal of treated articles the use of which the Pesticide Advisory Council has determined will have a hazardous or long-term deleterious effect on the environment, presents a likely risk to human health, or is dangerous;
    2. requirements for the response to or corrective actions for exigent circumstances or contamination from a treated article that presents a threat to human health or the environment;
    3. requirements for the examination or inspection of treated articles the use of which the Pesticide Advisory Council has determined will have a hazardous or long-term deleterious effect on the environment, presents a likely risk to human health, or is dangerous;
    4. requirements for persons selling treated articles to keep or make available to the Secretary records of sale of treated articles the use of which the Pesticide Advisory Council has determined will have a hazardous or long-term deleterious effect on the environment, presents a likely risk to human health, or is dangerous; or
    5. requirements for reporting of incidents resulting from accidental contamination from or misuse of treated articles the use of which the Pesticide Advisory Council has determined will have a hazardous or long-term deleterious effect on the environment, presents a likely risk to human health, or is dangerous.
  2. At least 30 days prior to prefiling a rule authorized under subsection (a) of this section with the Interagency Committee on Administrative Rules under 3 V.S.A. § 837 , the Secretary shall submit a copy of the draft rule to the Senate Committee on Agriculture and the House Committee on Agriculture and Forestry for review.

    Added 2015, No. 99 (Adj. Sess.), § 3; amended 2017, No. 74 , § 9.

History

Amendments--2017. Subdiv. (a)(3): Deleted "by the Secretary" following "requirements".

§ 1106. Financial responsibility.

The Secretary may require from a licensee or an applicant for a license under this chapter evidence of his or her financial ability to properly indemnify persons suffering damage from the use or application of economic poison, in the form of a surety bond, liability insurance, or cash deposit of at least $1,000,000.00, but this section shall neither restrict nor enlarge the liability of any person under applicable laws.

Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 159 (Adj. Sess.), § 4.

History

Amendments--2013 (Adj. Sess.). Substituted "of at least $1,000,000.00" for ", none of which shall exceed $10,000.00" following "or cash deposit", and inserted a comma following "liability insurance".

Amendments--2003. Substituted "secretary" for "commissioner".

§ 1107. Penalty.

Any person who violates any provision of this chapter, the rules promulgated herein, or the terms or conditions of any permit, license, or certificate issued by the Secretary, shall be subject to a fine not to exceed $25,000.00 or imprisonment for not more than six months, or both. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, the fine for each day's continuance thereof shall be increased by 10 percent over the amount accrued during the previous day, starting from the day the violator is served with notice of the violation. The service shall be by hand or by certified mail, return receipt requested.

Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1981, No. 53 , § 3; 1987, No. 71 , § 6; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Subsec. designation at beginning of section deleted to conform section to V.S.A. style.

Amendments--2003. Substituted "secretary" for "commissioner" once within the section.

Amendments--1987. Substituted "more" for "less" following "imprisonment for not" in the first sentence, rewrote the second sentence and added the third sentence.

Amendments--1981. Section amended generally.

Cross References

Cross references. Administrative penalties, see § 1111 of this title.

§ 1108. Construction with other laws.

The provisions of 3 V.S.A. chapter 25 shall apply to adoption of rules, notices, hearings, and other proceedings under this chapter unless inconsistent with its provisions. The powers granted to the Secretary under this chapter shall not limit, restrict, or suspend any similar powers the Secretary may have under other provisions of law and shall not limit or restrict any powers specifically granted to any other state agency.

Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1991, No. 210 (Adj. Sess.), § 5; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 (Adj. Sess.). In the second sentence, substituted "the commissioner" for "he" preceding "may have under", "specifically" for "presently, or at any time hereafter" following "restrict any powers", inserted "state" preceding "agency" and deleted "or department of the state" thereafter.

§ 1109. Licensing retail dealers.

The Secretary may adopt rules requiring persons selling Class C pesticides at retail to be licensed under this chapter and may establish reasonable requirements for obtaining licenses. The license fee for a retail dealer shall be $25.00 for one year or any part thereof for each store or place of business operated by the retail dealer. The license period shall be January 1 to December 31.

Added 1971, No. 177 (Adj. Sess.), § 5, eff. Jan. 1, 1973; amended 1989, No. 257 (Adj. Sess.), § 9; 2001, No. 143 (Adj. Sess.), § 37; 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 12; 2017, No. 74 , § 10.

History

Amendments--2017. In the first sentence, substituted "rules" for "regulations" following "adopt".

Amendments--2015 (Adj. Sess.). Substituted "$25.00" for "$20.00" following "shall be".

Amendments--2003. Substituted "secretary" for "commissioner" once within the section.

Amendments--2001 (Adj. Sess.) Substituted "$20.00" for $10.00" following "shall be" in the second sentence.

Amendments--1989 (Adj. Sess.). In the second sentence, substituted "$10.00" for "$4.00" and "the retail dealer" for "him" following "operated by".

Cross References

Cross references. Combined licenses, see § 6 of this title.

§ 1110. Pesticide monitoring.

The Secretary shall develop and implement a plan to monitor the use of pesticides registered in Vermont. The program shall include the cataloguing of available data and research conducted on the environmental and public health aspects of pesticides into a central information repository in order to facilitate public access to the accumulated information. The program shall be funded directly by a portion of the registration fee provided for in 6 V.S.A. § 918(b) .

Added 1985, No. 72 , § 4; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" once within the section.

§ 1111. Administrative penalties.

  1. The Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation for private applicators or certified private applicators or $5,000.00 per violation for certified noncommercial applicators, certified commercial applicators, licensed dealers, licensed companies, or permit holders, in any case in which he or she determines that an applicator, dealer, licensed company, or permit holder has done any of the following acts in violation of this chapter or of the rules adopted under this chapter:
    1. sold pesticides without first obtaining the appropriate pesticide dealer license;
    2. used pesticides without first obtaining the appropriate company license or applicator certificate;
    3. used a pesticide inconsistent with its labeling or in violation of the rules for the control of pesticides;
    4. failed to complete and submit a commercial applicator, company license, or pesticide dealer report;
    5. violated a cease and desist order;
    6. improperly disposed of pesticide products, dilutions, or rinsates; or
    7. violated the terms or conditions of a permit issued pursuant to this chapter or pursuant to the rules adopted pursuant to this chapter.
  2. In determining the amount of the penalty assessed under this section, the Secretary may give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the person, and the overall history of prior violations.
  3. The Secretary shall use the following procedure in assessing penalties:
    1. he or she shall issue a written notice of violation setting forth facts that would establish probable cause that a violation has occurred;
    2. the notice shall be served by personal service or by certified mail, return receipt requested;
    3. the notice shall advise the person of the right to a hearing. If a hearing is requested, it shall be conducted pursuant to 3 V.S.A. chapter 25;
    4. the notice shall also state the proposed penalty and that if no hearing is requested, the decision shall become final and the penalty shall be imposed; and
    5. the recipient of the notice shall have 15 days from the date on which notice is received to request a hearing.
  4. Any party aggrieved by a final decision of the Secretary may appeal to a Superior Court within 30 days of the final decision of the Secretary.  The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court.
  5. The Secretary may, subject to the provisions of 3 V.S.A. chapter 25, suspend any license, certificate, or permit issued pursuant to this chapter for failure to pay a penalty under this section when that person has failed to pay the penalty within 60 days after the penalty becomes final.

    Added 1987, No. 71 , § 5; amended 1999, No. 49 , § 118; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 74 , § 11.

History

Amendments--2017. Subsec. (a) and subdiv. (a)(7): Substituted "adopted" for "or regulations promulgated" following "the rules".

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1999 Rewrote subsec. (a).

Cross References

Cross references. Penalties generally, see § 1107 of this title.

Procedures for appeals to Superior Court from decisions of governmental agencies, see V.R.C.P. 74, 75.

§ 1112. Licensing pesticide applicators; pesticide companies; dealers.

  1. The Secretary may adopt rules requiring persons selling Class A and B pesticides to be licensed under this chapter. In addition, the Secretary may adopt rules requiring companies that hire applicators or conduct pesticide applications to be licensed and applicators who use pesticides to be certified under this chapter. The Secretary may establish reasonable requirements for obtaining licenses and certificates. The fees for dealers, licensed companies, and applicator certificates under this chapter shall be as follows:
    1. Class A Dealer License - $50.00;
    2. Class B Dealer License - $50.00;
    3. Pesticide Company License - $75.00;
    4. Commercial and Noncommercial Applicator Certification fee - $30.00 per category or subcategory with a maximum of $120.00;
    5. Second and third time examination fee for dealer licenses and applicator certification - $25.00;
    6. Private Applicator - $25.00;
    7. State Government, Municipal, and Public Education Institution Applicators - $30.00.
  2. All license and certification fees shall be for one year or any part thereof for each dealer, licensed pesticide applicator company, or certified commercial and noncommercial applicator. The license and certification period shall be January 1 to December 31.
  3. Notwithstanding the fees provided in subsection (a) of this section, the Secretary shall exempt the federal government and its agencies and instrumentalities from license and certification fees.

    Added 1999, No. 49 , § 119; amended 2001, No. 143 (Adj. Sess.), § 38, eff. June 21, 2002; 2003, No. 42 , § 2; 2009, No. 134 (Adj. Sess.), § 12; 2015, No. 149 (Adj. Sess.), § 13.

History

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2009 (Adj. Sess.) Subsec. (a): Raised the license fees in subdivs. (1)-(3).

Amendments--2003. Substituted "secretary" for "commissioner".

Amendments--2001 (Adj. Sess.) Subdivs. (a)(1), (2) and (5): Substituted "$25.00" for "$20.00".

§ 1113. Accessory on-farm businesses; pesticides; posting.

When an agricultural pesticide is applied on a farm in an area in which an accessory on-farm business operates or conducts activity, the accessory on-farm business shall post the same warning signs that would be posted for agricultural workers under the rules of the U.S. Environmental Protection Agency adopted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. chapter 6, subchapter II (environmental pest control). The manner and duration of posting shall be the same as under those rules. As used in this section:

  1. "Accessory on-farm business" and "farm" shall have the same meaning as in 24 V.S.A. § 4412(11) .
  2. "Agricultural pesticide" means any pesticide labeled for use in or on a farm, forest, nursery, or greenhouse.

    Added 2017, No. 143 (Adj. Sess.), § 3.

CHAPTER 89. NURSERY INSPECTION

Sec.

§§ 1121-1129. Repealed. 1985, No. 57, § 3.

History

Former §§ 1121-1129. Former §§ 1121-1129, relating to inspection and certification of nurseries, were derived from 1977, No. 253 (Adj. Sess.), § 5 and 1981, No. 169 (Adj. Sess.). The subject matter is now covered by § 4021 et seq. of this title.

PART 5 Livestock Disease Control

CHAPTER 101. LIVESTOCK COMMISSIONER

Sec.

§§ 1141-1148. Repealed. 1987, No. 276 (Adj. Sess.), § 5.

History

Former §§ 1141-1148. Former § 1141, relating to designation and duties of commissioner of agriculture as livestock commissioner, was derived from V.S. 1947, § 4772; P.L. § 4489; 1933, No. 157 , § 4222; G.L. § 491; 1917, No. 17 , § 14; 1915, No. 1 , § 223; 1915, No. 202 , § 1; 1912, No. 225 , § 1; 1910, No. 222 , §§ 1, 4, 20; 1908, No. 163 , §§ 1, 4, 19; P.S. §§ 5607, 5610, 5616, 5618; 1906, No. 178 , §§ 1,5,6,7; 1906, No. 179 , § 1; 1904, No. 146 , §§ 4, 5; 1902, No. 85 , §§ 1, 7, 9; V.S. §§ 4816, 4818; 1894, No. 102 , § 4; R.L. § 4045; 1880, No. 45 , § 10.

Former § 1142, relating to records, was derived from V.S. 1947, § 4773; P.L. § 4490; 1933, No. 157 , § 4223; G.L. § 491; 1917, No. 17 , § 14; 1915, No. 1 , § 223; 1915, No. 202 , § 1; 1912, No. 225 , § 1; 1910, No. 222 , §§ 1, 4, 20; 1908, No. 163 , §§ 1, 4, 19; P.S. §§ 5607, 5610, 5616, 5618; 1906, No. 178 , §§ 1, 5, 6, 7; 1906, No. 179 , § 1; 1904, No. 146 , §§ 4, 5; 1902, No. 85 , §§ 1, 7, 9; V.S. §§ 4816, 4818; 1894, No. 102 , § 4; R.L. § 4045; 1880, No. 45 , § 10.

Former § 1143, relating to assistants for law enforcement, was derived from 1957, No. 37 , § 1; V.S. 1947, § 4780; P.L § 4497; 1933, No. 157 , § 4230; 1929, No. 17 , § 1; 1925, No. 16 , § 1; 1921, No. 19 , § 1, 1919, No. 18 , § 1; G.L. § 492; 1917, No. 254 , § 483; 1912, No. 225 , § 2; 1910, No. 2 22, § 2; 1908, No. 163 , § 2; P.S. § 5608; 1906, No. 178 , § 2.

Former § 1144, relating to contracts for supervisory services, was derived from 1957, No. 37 , § 1; V.S. 1947, § 4780; P.L. § 4497; 1933, No. 157 , § 4230; 1929, No. 17 , § 1; 1925, No. 16 , § 1; 1921, No. 19 , § 1; 1919, No. 18 , § 1; G.L. § 492; 1917, No. 254 , § 483; 1912, No. 225 , § 2; 1910, No. 222 , § 2; 1908, No. 163 , § 2; P.S. § 5608; 1906, No. 178 , § 2.

Former § 1145, relating to biennial reports, was derived from V.S. 1947, § 4774; P.L. § 4491; 1933, No. 157 , § 4224; G.L. § 491; 1917, No. 17 , § 14; 1915, No. 1 , § 223; 1915, No. 202 , § 1; 1912, No. 225 , § 1; 1910, No. 222 , §§ 1, 4, 20; 1908, No. 163 , §§ 1, 4, 19; P.S. §§ 5607, 5610, 5616, 5618, 1906, No. 178 , §§ 1, 5, 6, 7; 1906, No. 179 , § 1; 1904, No. 146 , §§ 4, 5; 1902, No. 85 , §§ 1, 7, 9; V.S. §§ 4816, 4818; 1894, No. 102 , § 4; R.L. § 4045; 1880, No. 45 § 10.

Former § 1146, relating to penalty for knowingly exposing or importing diseased animals, was derived from V.S. 1947, § 7597; P.L. § 8260; G.L. § 6712; P.S. § 5605; V.S. § 4807; R.L. § 4016; 1880, No. 45 , § 1.

Former § 1147, relating to penalty for interfering with commissioner's work and plugging, was derived from V.S. 1947, §§ 4815, 4821; P.L. §§ 4545, 4554; G.L. §§ 511, 517; 1917, No. 193 , § 3; 1912, No. 225 , § 17; 1910, No. 222 , § 7; 1908, No. 163 , § 7 and amended by 1981, No. 223 (Adj. Sess.), § 23.

Former § 1148, relating to general penalties and jurisdiction of offenses, was derived from V.S. 1947, § 4817; P.L. § 4547; G.L. § 513; 1912, No. 225 , § 24; 1910 No. 222, § 22; 1908, No. 163 , § 21 and amended by 1965, No. 194 , § 10; 1981, No. 223 (Adj. Sess.), § 23.

Annotation Under Former § 1144

1. Supervisory service contracts.

The commissioner was authorized to enter into contracts with poultry dressing plants for supervisory service. 1956-58 Op. Atty. Gen. 27.

CHAPTER 102. CONTROL OF CONTAGIOUS LIVESTOCK DISEASES

Cross References

Cross references. Importing and exporting livestock, see § 1461 et seq. of this title.

Sale, distribution and use of veterinary medicines, see § 1731 et seq. of this title.

Subchapter 1. General Provisions

§ 1151. Definitions.

As used in this part:

  1. "Accredited veterinarian" means a veterinarian approved by the U.S. Department of Agriculture and the State Veterinarian to perform functions specified by cooperative state-federal disease control programs.
  2. "Animal" or "domestic animal" means cattle, sheep, goats, equines, deer, American bison, swine, poultry, pheasant, Chukar partridge, Coturnix quail, psittacine birds, ferrets, camelids, ratites (ostriches, rheas, and emus), and water buffalo. The term shall include cultured fish propagated by commercial fish farms.
  3. "Approved slaughterhouse" means an establishment maintained by a slaughterer under State or federal law.
  4. "Camelids" means any animal of the family camelidae, including guanacos, vicunas, camels, alpacas, and llamas.
  5. "Coggins test" means the agar gel immunodiffusion blood test conducted in a laboratory approved by the U.S. Department of Agriculture and the Secretary.
  6. "Contagious disease," "infectious disease," or "disease" means any disease found in domestic animals that is capable of directly or indirectly spreading from one domestic animal to another. "Contagious disease" includes all reportable diseases.
  7. "Deer" means any member of the family cervidae except for white-tailed deer and moose.
  8. "Domestic fowl" or "poultry" means all domesticated birds of all ages that may be used as human food, or which produce eggs that may be used as human food, excluding those birds protected by 10 V.S.A. part 4.
  9. "Equine animal" means any member of the family equidae, including horses, ponies, mules, asses, and zebras.
  10. "Fallow deer" means domesticated deer of the genus Dama, species dama.
  11. "Red deer" means domesticated deer of the family cervidae, subfamily cervidae, genus Cervus, species elaphus.
  12. "Reactor" means an animal that tests positive to any official test required under this chapter.
  13. "Reportable disease" means any disease included in the National List of Reportable Animal Diseases and any disease required by the Secretary by rule to be reportable.
  14. "Secretary" means the Secretary of Agriculture, Food and Markets or designee.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 1989, No. 16 , § 1; 1991, No. 8 , §§ 1, 2; 1993, No. 202 (Adj. Sess.), § 2; 1995, No. 72 (Adj. Sess.), § 2, eff. Feb. 14, 1996; 1997, No. 88 (Adj. Sess.), § 1; 1999, No. 30 , § 7; 2003, No. 37 , § 2; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 12 , § 1, eff. May 2, 2005; 2017, No. 30 , § 3.

History

Revision note. In subdiv. (7), substituted "means" for "mean" preceding "any member" to correct a grammatical error.

Amendments--2017. Section amended generally.

Amendments--2005. Subdiv. (2): Substituted "deer" for "fallow deer, red deer, reindeer" and deleted the former third sentence.

Subdiv. (15): Amended generally.

Amendments--2003. Subdiv. (2): Inserted "and water buffalo" at the end of the first sentence.

Subdiv. (6): Substituted "secretary" for "commissioner" and substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Subdiv. (14): Deleted "Listeriosis"; inserted "(Johne's disease), positive organism detection" following "Paratuberculosis"; and inserted "Transmissible spongiform encephalopathies".

Amendments--1999. Subdiv. (2): Added the third sentence.

Amendments--1997 (Adj. Sess.). Subdiv. (2): Added "and" following "camelids" and deleted "reptiles and amphibians" at the end of the first sentence and deleted the second sentence, excluding amphibians and reptiles native to Vermont.

Amendments--1995 (Adj. Sess.) Subdiv. (2): Deleted "all domestic livestock including, but not limited to" preceding "cattle" and inserted "reindeer" preceding "American bison" in the first sentence.

Amendments--(1995) (Adj. Sess.) Subdiv. (15): Added.

Amendments--1993 (Adj. Sess.). Subdiv. (2): Inserted "pheasant, Chukar partridge, Coturnix quail" preceding "psittacine" and "ratites (ostriches, rheas, and emus)" preceding "reptiles" in the first sentence and added the third sentence.

Amendments--1991. Inserted "red deer" preceding "American" in the first sentence of subdiv. (2), added a new subdiv. (11), redesignated former subdivs. (11) through (13) as subdivs. (12) through (14) and deleted "any" preceding "domesticated" in subdiv. (12).

Amendments--1989. Subdiv. (2): Added the second sentence.

§ 1152. Administration; inspection; testing; records.

  1. The Secretary shall be responsible for the administration and enforcement of the Livestock Disease Control Program. The Secretary may appoint the State Veterinarian to manage the Program, and other personnel as are necessary for the sound administration of the Program.
  2. The Secretary shall maintain a public record of all permits issued and of all animals tested by the Agency of Agriculture, Food and Markets under this chapter for a period of five years.
  3. The Secretary may conduct any inspections, investigations, tests, diagnoses, or other reasonable steps necessary to discover and eliminate contagious diseases existing in domestic animals in this State. The Secretary shall investigate any reports of diseased animals, provided there are adequate resources. In carrying out the provisions of this part, the Secretary or his or her authorized agent may enter any real estate, premises, buildings, enclosures, or areas where animals may be found for the purpose of making reasonable inspections and tests. A livestock owner or the person in possession of the animal to be inspected, upon request of the Secretary, shall restrain the animal and make it available for inspection and testing.
  4. The Secretary may contract and cooperate with the U.S. Department of Agriculture, other federal agencies or states, and accredited veterinarians for the control and eradication of contagious diseases of animals. The Secretary shall consult and cooperate, as appropriate, with the Commissioners of Fish and Wildlife and of Health regarding the control of contagious diseases.
  5. If necessary, the Secretary shall set priorities for the use of the funds available to operate the Program established by this chapter.
  6. Any commercial slaughterhouse operating in the State shall maintain and retain for three years records of the number of animals slaughtered at the facility, the physical address of origination of each animal, the date of slaughter of each animal, and all official identification numbers of slaughtered animals. A commercial slaughterhouse shall make the records required under this subsection available to the Agency upon request.
  7. Records produced or acquired by the Secretary under this chapter shall be available to the public, except that:
    1. the Secretary may withhold from inspection and copying records that are confidential under federal law; and
    2. the Secretary may withhold or redact a record to the extent needed to avoid disclosing directly or indirectly the identity of individual persons, households, or businesses.

      Added 1987, No. 276 (Adj. Sess.), § 1; amended 1993, No. 202 (Adj. Sess.), § 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 12 , § 2, eff. May 2, 2005; 2017, No. 30 , § 3; 2019, No. 64 , § 16.

History

Amendments--2019. Added subsec. (f), redesignated former subsec. (f) as subsec. (g), and added subdiv. (g)(1) and (g)(2) designations.

Amendments--2017. Section amended generally.

Amendments--2005. Subsec. (d): Added the second sentence.

Subsec. (f): Added.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1993 (Adj. Sess.). Subsec. (c): Inserted "or cultured trout" following "animals".

§ 1153. Rules.

  1. The Secretary shall adopt rules necessary for the discovery, control, and eradication of contagious diseases and for the slaughter, disposal, quarantine, vaccination, and transportation of animals found to be diseased or exposed to a contagious disease. The Secretary may also adopt rules requiring the disinfection and sanitation of real estate, buildings, vehicles, containers, and equipment that have been associated with diseased livestock.
  2. The Secretary shall adopt rules establishing fencing and transportation requirements for deer.
  3. The Secretary shall adopt rules necessary for the inventory, registration, tracking, and testing of deer.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 1991, No. 8 , § 3; 1995, No. 72 (Adj. Sess.), § 3, eff. Feb. 14, 1996; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 12 , § 3, eff. May 2, 2005; 2015, No. 23 , § 73; 2017, No. 30 , § 3.

History

Amendments--2017. Subsec. (a): Substituted "that" for "which" following "equipment".

Amendments--2015. Subsec. (a): Substituted "adopt" for "promulgate" preceding "rules" in two places.

Amendments--2005. Subsec. (b): Substituted "deer" for "fallow deer, red deer, and reindeer".

Subsec. (c): Added.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1995 (Adj. Sess.) Subsec. (b): Substituted "shall" for "may" preceding "adopt" and "deer, red deer and reindeer" for "deer and red deer" following "fallow".

Amendments--1991. Subsec. (b): Added "and red deer" following "fallow deer".

Continuation of existing rules. 1991, No. 153 (Adj. Sess.), § 17(b), eff. May 5, 1992, provided: "All rules adopted under chapters 102 and 107 of Title 6, or other authority of the commissioner of agriculture, food and markets for the control of imports and exports of domestic animals and for the control of contagious diseases in domestic animals shall remain in effect until amended or repealed."

Continuation of existing rules relating to livestock diseases. 1987, No. 276 (Adj. Sess.), § 6, provided that rules adopted pursuant to the authority of chapter 101 of this title, relating to the livestock commissioner, chapter 103 of this title, relating to contagious livestock diseases generally, chapter 105 of this title, relating to virulent contagious diseases and equine infectious anemia, chapter 110, relating to brucellosis eradication, and chapter 111, relating to domestic fowl, prior to the repeal of those chapters by section 5 of the act, were to remain in full force unless amended or repealed by the commissioner of agriculture.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

§ 1154. Repealed. 2017, No. 30, § 3.

History

Former § 1154. Former § 1154, relating to inspection and testing of domestic animals, was derived from 1987, No. 276 (Adj. Sess.), § 1 and amended by 2003, No. 42 , § 2.

§ 1154a. Testing of cultured fish and fee fishing businesses.

Health testing of cultured fish may be provided to commercial fish farms and fee fishing businesses through an aquaculture inspection program conducted jointly by the Agency of Agriculture, Food and Markets and the Department of Fish and Wildlife, in accordance with any memorandum of understanding between the Agency and Department prepared for this purpose as required by 1991 Acts and Resolves No. 50, Sec. 88. Such testing shall be at no charge to the commercial fish farm or fee fishing business. The testing shall be funded jointly from the operating budgets of the Agency of Agriculture, Food and Markets and the Department of Fish and Wildlife.

Added 1993, No. 202 (Adj. Sess.), § 4; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 42 , § 4; 2017, No. 30 , § 3.

History

Amendments--2017. Section amended generally.

Amendments--2005. Rewrote the catchline.

Subsec. (a): Substituted "fish" for "trout"; inserted "and fee fishing businesses" following "farms"; substituted "Sec." for "section"; deleted "Act" preceding "No. 50"; substituted "the" for "a", and "fish" for "trout"; and inserted "or fee fishing business" following "farm".

Subsec. (b): Substituted "fish" for "trout".

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" and "agency and the department" for "two departments".

§ 1155. Repealed. 2017, No. 30, § 3.

History

Former § 1155. Former § 1155, relating to tuberculosis testing, was derived from 1987, No. 276 (Adj. Sess.), § 1 and amended by 1991, No. 153 (Adj. Sess.), § 13; 1995, No. 72 (Adj. Sess.), § 4; and 2003, No. 42 , § 2.

§ 1156. Public nuisance.

Contagious diseases as defined in subdivision 1151(7) of this title are hereby declared to be a public nuisance requiring preventative and remedial action to protect the public health and welfare, as provided in this chapter.

Added 1987, No. 276 (Adj. Sess.), § 1.

§ 1157. Quarantine.

  1. The Secretary may order any domestic animals, the premises upon which they are or have been located, any animal products derived from those domestic animals, and any equipment, materials, or products to which they have been exposed to be placed in quarantine if the animals:
    1. are affected with a contagious disease;
    2. have been exposed to a contagious disease;
    3. may be infected with or have been exposed to a contagious disease;
    4. are suspected of having biological or chemical residues, including antibiotics, in their tissues that would cause the carcasses of the animals, if slaughtered, to be adulterated within the meaning of chapter 204 of this title; or
    5. are owned or controlled by a person who has violated any provision of this part, and the Secretary finds that a quarantine is necessary to protect the public welfare.
  2. Once a quarantine has been ordered, no animal under quarantine shall be removed from the premises where it is located. The Secretary may limit or prevent other animals from being brought onto the same premises as the quarantined animal.
  3. A verbal quarantine order shall be effective immediately. Written notice of quarantine shall be delivered by certified mail, registered mail, or in person to the owner of the animals or to the person in possession of the animals, or if the owner or person in possession is unknown, by publication in a newspaper of general circulation in the area. The notice shall include:
    1. a description of the subject of the quarantine;
    2. an explanation of why the quarantine is necessary;
    3. the duration of the quarantine or what condition must be met to lift the quarantine, including conditions for the repopulation of the premises and disinfection of equipment, materials, and products;
    4. the terms of the quarantine;
    5. the name and address of the person to be contacted for further information; and
    6. a statement that the person may request a hearing on the quarantine order.
  4. The Secretary may use placards or any other method deemed necessary to give notice or warning to the general public of the quarantine.
  5. Within 15 days of receiving notice, a person subject to a quarantine order may request a hearing to be held by the Secretary. The hearing shall be held within 60 days from the date of the request unless the Secretary has determined that a longer period is necessary because of the extent of the outbreak of disease, in which case the hearing shall be held as soon as practicable. A request for a hearing shall not stay the quarantine order.
  6. It shall be unlawful to violate the terms of a quarantine order issued pursuant to this section. Any person who knowingly violates a quarantine order shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than six months, or both. Any person who knowingly violates a quarantine order and causes the spread of a contagious disease beyond the quarantined premises shall be subject to a fine of not more than $15,000.00 or imprisonment for not more than two years, or both.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 37 , § 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Amendments--2017. Subdiv. (a)(4): Substituted "that" for "which" following "tissues".

Subsec. (c): Inserted "verbal" preceding "quarantine" and substituted "Written notice" for "Notice" at the beginning of the second sentence.

Subsec. (f): Inserted "or" following "$15,000.00" and substituted "for" for "of" following "imprisonment".

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" and inserted "the premises upon which they are or have been located, any animal products derived from those domestic animals, and any equipment, materials, or products to which they have been exposed".

Subdiv. (a)(5): Substituted "secretary" for "commissioner".

Subsec. (b): Substituted "secretary" for "commissioner".

Subdiv. (c)(3): Inserted "including conditions for the repopulation of the premises and disinfection of equipment, materials, and products" to the end.

Subsec. (d), (e): Substituted "secretary" for "commissioner".

Cross References

Cross references. Additional penalties for violation of section, see § 1164 of this title.

Quarantine of illegally imported livestock, see § 1467 of this title.

Quarantine of imported cattle, horses or mules, see § 1462 of this title.

§ 1158. Quarantine zone.

  1. The Secretary may establish a quarantine zone whenever it is determined that a contagious disease is widely spread throughout an area of the State and that a quarantine zone is necessary to contain or prevent the further spread of the disease.
  2. In establishing a quarantine zone, the Secretary may, by order:
    1. regulate, restrict, or restrain movements of animals, animal products, or vehicles and equipment associated with animals or animal products into, out of, or within the zone;
    2. detain all animals within the zone that might be infected with or have been exposed to the disease for examination at any place specified by the quarantine order; and
    3. take other necessary steps to prevent the spread of and eliminate the disease within the quarantine zone.
  3. The Secretary shall notify the public of the existence, location, and terms of a quarantine zone, in a manner deemed appropriate under the circumstances. The Secretary may also notify by certified mail or in person the owner or person in possession of any animal or animals which must be detained or otherwise regulated within the zone.
  4. It shall be unlawful to violate the terms of a quarantine zone order issued pursuant to this section. Any person who knowingly violates a quarantine zone order shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than six months, or both. Any person who knowingly violates a quarantine zone order and causes the spread of a contagious disease beyond the quarantine zone shall be subject to a fine of not more than $15,000.00 or imprisonment for not more than two years, or both.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Amendments--2017. Substituted "zone" for "district" in the section heading and throughout the section; inserted ", animal products," and "or animal products" following "animals" in subdiv. (b)(1); substituted "zone that" for "district which" in subdiv. (b)(2); substituted "The Secretary may" for "To the extent that such notice is possible, the secretary shall" in subsec. (c); and inserted "or" preceding "imprisonment" and substituted "for" for "of" in subsec. (d).

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Additional penalties for violation of section, see § 1164 of this title.

§ 1159. Disposal of diseased animals.

  1. The Secretary may condemn and order destroyed any animal that is infected with or has been exposed to a contagious disease. An order to destroy an animal shall be based on a determination that the destruction of the animal is necessary to prevent or control the spread of the disease. The Secretary shall order any condemned animal to be destroyed and disposed of in accordance with approved methods. The Secretary's order may extend to some or all of the animals on the affected premises.
  2. The Secretary may order that any real property, building, vehicle, piece of equipment, container, or other article associated with a diseased animal be disinfected and sanitized. Any cost of disinfection incurred by the Secretary shall be deducted from any compensation paid to an animal's owner under this section.
  3. The Secretary may compensate the owner of any domestic animal destroyed pursuant to this chapter because of exposure to or infection with contagious disease. The Secretary, after consultation with the U.S. Department of Agriculture, shall determine the necessity for and amount of compensation on a case-by-case basis.
  4. Compensation under this section shall only be paid when:
    1. the Agency of Agriculture, Food and Markets has determined the origin of all animals on the premises containing the condemned animal;
    2. all other applicable State or federal livestock statutes, rules, or regulations have been complied with by the owner or person in possession of the animal;
    3. there are sufficient State funds appropriated for this purpose; and
    4. in the case of a person who has made a claim for compensation under this section within the previous two years, the Secretary determines that adequate measures were taken to prevent the reintroduction of contagious diseases into that person's herd or flock.
  5. It shall be unlawful to violate the terms of an order issued pursuant to subsection (a) or (b) of this section. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than six months, or both. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section and causes the spread of a contagious disease shall be subject to a fine of not more than $15,000.00 or imprisonment for not more than two years, or both.
  6. A destruction order, whether verbal or written, shall take effect immediately on notice to the owner or the person in possession of the animal or animals, if the owner or person in possession is known. The notice shall be given by certified mail or in person. Within 15 days of receiving the notice, the owner or person in possession may request a hearing to be held by the Secretary. The hearing shall be held within 60 days from the date of the request unless the Secretary has determined that a longer period is necessary because of the extent of the outbreak of disease, in which case the hearing shall be held as soon as practicable. A request for a hearing shall not stay the destruction order.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 1991, No. 153 (Adj. Sess.), § 14, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 12 , § 4, eff. May 2, 2005; 2017, No. 30 , § 3.

History

Amendments--2017. Section amended generally.

Amendments--2005. Subsec. (e): Deleted "fallow or red" preceding "deer" and "or" preceding "tuberculosis" and inserted "or transmissible spongiform encephalopathies" following "tuberculosis".

Amendments--2003. Substituted "secretary" for "commissioner" and "agency" for "department" wherever it appeared throughout the section.

Amendments--1991 (Adj. Sess.). Deleted "cow" following "grade" in the second sentence of subsec. (c), added a new subsec. (e), redesignated former subsec. (e) as subsec. (f) and substituted "an animal" for "cattle or swine" preceding "destroyed" in subdiv. (1) of that subsec., redesignated former subsec. (f) as subsec. (g) and substituted "animals" for "cattle" following "destroyed" in the second sentence and "animal" for "cow" following "purebred" and following "grade" in the third sentence of that subsec., and redesignated former subsecs. (g) and (h) as subsecs. (h) and (i), respectively.

Cross References

Cross references. Humane slaughter of livestock, see § 3131 et seq. of this title.

Annotations From Former § 1402

1. Other diseases.

Although this section did not specifically provide for reimbursement for slaughtering animals with other virulent diseases which were included in section 1401 of this title by the amendment of 1957, legislative intent was to provide for reimbursement for animals slaughtered under this chapter and the commissioner was required to reimburse owners for slaughtered sheep infected with or exposed to scrapie. 1956-58 Op. Atty. Gen. 28.

§ 1160. Emergency outbreak of contagious disease.

In case of the outbreak within this State of some contagious disease of domestic animals, or whenever there is reason to believe that there is danger of the introduction into the State of any contagious disease prevailing among domestic animals outside the State, the Secretary may take action and adopt emergency rules as necessary to prevent the introduction or spread of the disease.

Added 1987, No. 276 (Adj. Sess.), § 1; amended 1999, No. 49 , § 120; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Amendments--2017. Deleted subsec. (a); deleted the designation "(b)" and "such" preceding "action"; substituted "adopt" for "issue such" preceding "emergency" and deleted "are" preceding "necessary".

Amendments--2003. Subsec. (b): Substituted "secretary" for "commissioner".

Amendments--1999 Subsec. (a): Deleted the second sentence.

Subsec. (b): Deleted the second sentence.

§ 1161. Fees for testing.

The Secretary may assess fees necessary to cover the cost of testing domestic animals for contagious diseases.

Added 1987, No. 276 (Adj. Sess.), § 1; amended 1989, No. 257 (Adj. Sess.), § 10; 1991, No. 153 (Adj. Sess.), § 15, eff. May 5, 1992; 1995, No. 72 (Adj. Sess.), § 5, eff. Feb. 14, 1996; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Amendments--2017. Rewrote the section.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1995 (Adj. Sess.) Subsec. (c): Substituted "deer" for "or" preceding "fallow deer" and inserted "or reindeer" thereafter in the first sentence.

Amendments--1991 (Adj. Sess.). Subsec. (c): Added.

Amendments--1989 (Adj. Sess.). Subsec. (b): Amended generally.

§ 1162. Report of disease.

  1. All accredited veterinarians shall immediately report the discovery of any domestic animal within this State that is infected with, is suspected of being infected with, or has been exposed to a reportable disease as specified by this chapter. A veterinarian shall immediately report any sudden unexplained morbidity or mortality in a herd or flock located within the State. The report shall be made to the State Veterinarian and shall specify the physical address where the animal is located; identification and description of the animal; the disease or condition suspected or diagnosed; and the name, mailing address, and telephone number of the owner or person in possession of the animal.
  2. All persons operating diagnostic laboratories shall immediately report the diagnosis of any domestic animal within this State that has a reportable disease as specified by this chapter. The report shall be made to the State Veterinarian and, in addition to the information required under subsection (a) of this section, shall include a copy of the test chart pertaining to the animal in question.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 2017, No. 30 , § 3.

History

Amendments--2017. Subsec. (a): Amended generally.

Subsec. (b): Added.

§ 1163. Additional violations.

  1. A person who knowingly commits any of the following acts shall be assessed an administrative penalty under section 15 of this title for:
    1. transporting an animal affected with, or exposed to, a contagious disease without first obtaining the permission of the Secretary;
    2. interfering with any animal disease test conducted pursuant to this chapter;
    3. advertising, selling, or offering for sale as tested under State or federal supervision any domestic animal that does not come from herds that are under State or federal supervision;
    4. failing to report the discovery of a reportable disease as required by section 1162 of this title; or
    5. interfering with or hindering the work of the Secretary or his or her agents pursuant to this chapter.
  2. A person who knowingly commits any of the following acts shall be imprisoned not more than two years or fined not more than $15,000.00, or both for:
    1. importing into this State any animal infected with or exposed to a contagious disease; or
    2. selling or offering for sale for food purposes any animal or animal carcass condemned under the provisions of this chapter, unless the animal is inspected and approved for use as human food by an agent of the Secretary or the U.S. Department of Agriculture.

      Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Importing animals from quarantined herds, groups or flocks, see § 1474 of this title.

§ 1164. Civil penalties.

  1. A person who violates any provision of this chapter or the rules adopted under this chapter or who commits any of the acts described in section 1163 of this title shall be assessed an administrative penalty under section 15 of this title. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct offense.
  2. The Secretary may, in the name of the Agency of Agriculture, Food and Markets, obtain a temporary or permanent injunction to restrain a violation of this chapter.
  3. After notice and opportunity for hearing, the Secretary may suspend or revoke any license issued pursuant to chapters 63 and 65 of this title for any violation of this chapter.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Reference in text. Chapter 65 of this title, referred to in subsec. (c), was repealed by 1991, No. 79 , § 7.

Amendments--2017. Subsec. (a): Substituted "be assessed an administrative penalty under section 15 of this title" for "in addition to any other penalty be subject to a civil penalty of not more than $5,000.00" and deleted the former third sentence.

Subsec. (b): Substituted "Agency of Agriculture, Food and Markets" for "agency".

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Imposition and collection of administrative penalties, see §§ 15-17 of this title.

Injunctions, see V.R.C.P. 65.

§ 1165. Testing of captive deer.

  1. Definitions.  As used in this section:
    1. "Captive deer operation" means a place where deer are privately or publicly maintained, in an artificial manner, or held for economic or other purposes within a perimeter fence or confined space.
    2. "Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy.
  2. Testing.  A person operating a captive deer operation under the jurisdiction of the Secretary of Agriculture, Food and Markets shall inform the Secretary when a captive deer in his or her control dies or is sent to slaughter. The person operating the captive deer operation shall make the carcass of a deceased or slaughtered animal available to the Secretary for testing for CWD.
  3. Cost.  The cost of CWD testing required under this section shall be assessed to the person operating the captive deer operation from which the tested captive deer originated.

    Added 2013, No. 159 (Adj. Sess.), § 13, eff. May 28, 2014; amended 2017, No. 30 , § 3; 2019, No. 129 (Adj. Sess.), § 3.

History

Amendments--2019 (Adj. Sess.). Subsec. (c): Substituted "assessed to the person operating the captive deer operation from which the tested captive deer originated" for "paid by the Secretary and shall not be assessed to the person operating the captive deer operation from which a tested captive deer originated".

Amendments--2017. Subdiv. (a)(1): Inserted ", in an artificial manner," following "maintained".

Subchapter 2. Equine Infectious Anemia

§ 1181. Certification required.

  1. Any equine animal imported into the State or transported through the State shall be accompanied by a Certificate of Veterinarian Inspection. The certificate shall state that the equine animal has been tested negative for equine infectious anemia (EIA) by an accredited veterinarian.
  2. Any equine animal purchased, sold, offered for sale, bartered, exchanged, or given away within the State, or imported for one of these purposes, shall be tested by an accredited veterinarian and certified as negative for equine infectious anemia in accordance with rules adopted by the Secretary as provided by subsection (f) of this section. A test for equine infectious anemia shall not be required when:
    1. the transfer of ownership is between the owner of the animal and his or her spouse, child, or sibling and where the animal is not moved to new premises; or
    2. the animal is consigned directly to slaughter.
  3. Whenever the Secretary has reason to believe that any equine animal has been exposed to equine infectious anemia and that the animal may pose a threat to other equine animals, the Secretary may require that the animal be tested for equine infectious anemia by an accredited veterinarian or by a State or federal veterinarian approved by the Secretary.
  4. The Secretary may require by rule that any equine animal transported to any fair, show, competition, or other gathering of equine animals be accompanied by a certificate that states that the equine animal has been tested and found negative for equine infectious anemia.
  5. The Secretary shall establish by rule the form and manner of required certifications and the periods of time within which testing and certification of equine animals shall be accomplished.
  6. The Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 for the purchase by a livestock dealer for resale or for slaughter of equine not known to be tested for equine infectious anemia, as authorized by subsection (b) of this section. The rules shall include specifications governing equine quarantine facilities, procedures for equine animals of unknown EIA status intended for resale to be retested, procedures for handling equine animals of unknown EIA status purchased for slaughter, and record-keeping requirements for livestock dealers.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 1995, No. 39 , § 1, eff. April 17, 1995; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1995 Subsec. (b): Amended generally.

Subsec. (f): Added.

Cross References

Cross references. Import permit, see § 1461(a) of this title.

§ 1182. Testing of equine animals.

  1. Testing of equine animals for equine infectious anemia shall be done by an accredited veterinarian licensed in the State by means of a Coggins test or other test acceptable to the Secretary, at the owner's expense.
  2. Any equine animal found to be a reactor by means of a test under subsection (a) of this section shall be administered a second test in accordance with the applicable State and federal statutes, rules, or regulations.
  3. Any equine animal found to be a reactor shall be quarantined in accordance with instructions of the Secretary between receipt of the results of the first and second tests. Any equine animal found to be a reactor to a second test shall continue to be quarantined until adequate arrangements are made for disposition of the animal in accordance with section 1183 of this title.
  4. Any veterinarian who identifies an equine animal as a reactor shall report that animal to the Secretary in a form and manner to be prescribed by rule of the Secretary.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 1183. Disposition of reactors.

  1. Any equine animal identified as a reactor through testing as provided in subsections 1182(a) and (b) of this title shall be humanely destroyed within seven days of the second test. The destruction of the animal shall be by a licensed veterinarian and shall be observed by the Secretary or an agent of the U.S. Department of Agriculture.
  2. Notwithstanding the provisions of subsection (a) of this section, a reactor may be transported to an approved slaughterhouse or research facility where authorized by written permission of the Secretary. In granting permission, the Secretary may specify the conditions under which the animal shall be quarantined, transported, and destroyed.
  3. Any licensed veterinarian who destroys any equine animal in accordance with the provisions of this section shall immediately report the destruction of the animal to the Secretary.
  4. As an alternative to the destruction of animals under the provisions of subsections (a) and (b) of this section, reactors may be isolated permanently under quarantine from all other equine animals and shall be conspicuously freezebranded with the letters "EIA." In no case shall this action be delayed for more than two weeks. The quarantine shall apply to all equine animals on the premises where the reactor is located and shall remain in effect until the reactor is destroyed or isolated under quarantine and the remaining equine animals are tested and found to be negative.
  5. The provisions of this section shall be implemented by rule of the Secretary.

    Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 3.

History

Amendments--2017. Section amended generally.

Cross References

Cross references. Humane slaughter of livestock, see § 3131 et seq. of this title.

Quarantine of livestock generally, see §§ 1157 and 1158 of this title.

§ 1184. Penalties.

Any person who violates the provisions of section 1181, 1182, or 1183 of this title shall be assessed an administrative penalty under section 15 of this title.

Added 1987, No. 276 (Adj. Sess.), § 1; amended 2017, No. 30 , § 3.

History

Amendments--2017. Section amended generally.

Cross References

Cross references. Civil penalties, see § 1164 of this title.

CHAPTER 103. CONTAGIOUS DISEASES

Subchapter 1. Generally

§§ 1201-1203. Repealed. 1963, No. 78, § 7.

History

Former §§ 1201-1203. Former § 1201, relating to examination, quarantine and other control measures upon report of disease, was derived from V.S. 1947, § 4793; 1947, No. 202 , § 4725; 1937, No. 92 , § 4; P.L. § 4516; 1921, No. 19 , § 3; 1919, No. 18 , § 6; G.L. § 502; 1912, No. 225 , § 12; 1910, No. 222 , § 8; 1908, No. 163 , § 8; P.S. § 5612; 1906, No. 178 , § 3. The subject matter is now covered by §§ 1154, 1157 and 1158 of this title.

Former § 1202, relating to regulations by selectmen and aldermen, was derived from V.S. 1947, § 7598; P.L. § 8261; G.L. § 6713; P.S. § 5606; V.S. § 4808; R.L. § 4017; 1880, No. 45 , § 2.

Former § 1203, relating to report of disease, was derived from V.S. 1947, §§ 4846-4848; 1947, No. 202 , § 4796; 1941, No. 79 , §§ 1-3; 1937, No. 91 , §§ 1-4. The subject matter is now covered by § 1162 of this title.

§ 1204. Repealed. 1987, No. 276 (Adj. Sess.), § 5.

History

Former § 1204. Former § 1204, relating to appropriations and powers of commissioner in case of outbreak of disease, was derived from V.S. 1947, §§ 4812, 4813; 1937, No. 92 , § 13; P.L. §§ 4542, 4543; 1933, No. 157 , §§ 4275, 4276; 1929, No. 17 , § 6; 1919, No. 18 , § 8; G.L. § 510; 1917, No. 18 , 1917, No. 58 ; 1915, No. 202 , § 6; 1912, No. 225 , § 19; 1910, No. 222 , § 19; 1908, No. 163 , § 18. The subject matter is now covered by § 1160 of this title.

§§ 1205, 1206. Repealed. 1963, No. 78, § 7.

History

Former §§ 1205, 1206. Former § 1205, relating to disinfection of vehicles used to haul diseased livestock, was derived from V.S. 1947, §§ 4849, 4850; 1937, No. 93 , §§ 1, 2.

Former § 1206, relating to disinfection of cattle exhibition buildings, was derived from V.S. 1947, § 7599; P.L. § 8262; 1933, No. 157 , § 7899; 1921, No. 22 .

Subchapter 2. Particular Diseases

§§ 1241-1247. Repealed. 1963, No. 78, § 7.

History

Former §§ 1241-1247. Former § 1241, relating to pleuropneumonia, was derived from V.S. 1947, §§ 7595, 7596; P.L. §§ 8258, 8259; G.L. §§ 6710, 6711; P.S. §§ 5603, 5604; V.S. §§ 4805, 4806; R.L. §§ 4014, 4015; G.S. 113, §§ 28, 29; 1860, No. 24 , §§ 2, 4.

Former § 1242, relating to penalty for permitting diseased sheep to run at large, was derived from V.S. 1947, § 7591; P.L. § 8255; G.L. § 6707; P.S. § 5600; V.S. § 4802; R.L. § 4011; G.S. 104, § 7; R.S. 91, § 7.

Former § 1243, relating to forfeiture of diseased sheep found running at large, was derived from V.S. 1947, § 7592; P.L. § 8256; G.L. § 6708; P.S. § 5601; V.S. § 4803; R.L. § 4012; G.S. 104, § 8; 1851, No. 44 .

Former § 1244, relating to penalties for watering, feeding or hitching diseased horses in public places, was derived from V.S. 1947, § 7589; P.L. § 8253; G.L. § 6705; P.S. § 5598; R. 1906, § 5458; 1904, No. 153 , § 1.

Former § 1245, relating to examination and disposition of diseased horses by selectmen, was derived from V.S. 1947, § 7590; P.L. § 8254; G.L. § 6706; P.S. § 5599; R. 1906, § 5459; 1904, No. 153 , § 2.

Former § 1246, relating to application for state testing for glanders, was derived from V.S. 1947, § 4789; 1937, No. 92 , § 1; P.L. § 4507; 1933, No. 157 , § 4240; 1925, No. 16 , § 2; 1921, No. 18 ; 1919, No. 18 , § 4; G.L. § 500; 1912, No. 225 , § 10; 1910, No. 222 , § 5; 1908, No. 163 , § 5; P.S. § 5611; 1906, No. 178 , §§ 3, 7; 1902, No. 85 , § 4.

Former § 1247, relating to examination and testing for glanders, was derived from V.S. 1947, § 4790; 1937, No. 92 , § 2; P.L. § 4508; 1933, No. 157 , § 4241; 1925, No. 16 , § 2; 1921, No. 18 ; 1919, No. 18 , § 4; G.L. § 500; 1912, No. 225 , § 10; 1910, No. 222 , § 5; 1908, No. 163 , § 5; P.S. § 5611; 1906, No. 178 , §§ 3, 7; 1902, No. 85 , § 4.

Subchapter 3. Tuberculin Tests

§§ 1281-1292. Repealed. 1963, No. 78, § 7.

History

Former §§ 1281-1292. Former § 1281, relating to testing of suspected herds and disposal of diseased animals, was derived from V.S. 1947, § 4784; P.L. § 4501; G.L. § 497, 1912, No. 225 , § 6; 1910, No. 222 , § 6; 1908, No. 163 , § 6.

Former § 1282, relating to tagging of animal passing tuberculin test, was derived from V.S. 1947, § 4785; P.L. § 4502; 1933, No. 157 , § 4235; 1929, No. 17 , § 3; 1925, No. 16 , § 5; G.L. § 498; 1912, No. 225 , § 7; 1910, No. 222 , § 17; 1908, No. 163 , § 17.

Former § 1283, relating to penalties for misuse or removal of tag, was derived from V.S. 1947, § 4786; P.L. § 4503; 1933, No. 157 , § 4236; 1929, No. 17 , § 3; 1925, No. 16 , § 5; G.L. § 498; 1912, No. 225 , § 7; 1910, No. 222 , § 17; 1908, No. 163 , § 17.

Former § 1284, relating to reports of tuberculin tests, was derived from V.S. 1947, § 4788; P.L. § 4505; 1933, No. 67 , § 2; 1929, No. 17 , § 4; 1919, No. 18 , § 3; G.L. § 499; 1915, No. 202 , § 2; 1912, No. 225 , § 8.

Former § 1285, relating to retesting in areas having lost accredited standing or of suspected herds, was derived from V.S. 1947, § 4809; 1937, No. 92 , § 11; P.L. § 4537; 1925, No. 17 , § 1(5).

Former § 1286, relating to retesting in modified accredited tuberculosis-free areas, was derived from V.S. 1947, § 4810; 1937, No. 92 , § 12; 1935, No. 98 , § 1; P.L. § 4538; 1933, No. 67 , § 6; 1929, No. 17 , § 8(9); 1927, No. 12 , § 1; 1925, No. 17 , § 1.

Former § 1287, relating to moving cattle in testing area, was derived from V.S. 1947, § 4811; P.L. § 4539; 1925, No. 17 , § 1(6).

Former § 1288, relating to entry upon premises for inspection or testing, quarantine upon refusal of test, and regulations, was derived from V.S. 1947, § 4804; 1937, No. 92 , § 8; P.L. § 4531; 1933, No. 157 , § 4264; 1927, No. 12 , § 2; 1925, No. 17 , § 1(2).

Former § 1289, relating to removal of cattle or swine during quarantine, was derived from V.S. 1947, § 4805; P.L. § 4532; 1933, No. 157 , § 4265; 1927, No. 12 , § 2; 1925, No. 17 , § 1(2).

Former § 1290, relating to pasteurization of milk and cream during quarantine, was derived from 1951, No. 170 , § 459; V.S. 1947, § 4806; P.L. § 4533; 1933, No. 157 , § 4266; 1927, No. 12 , § 2; 1925, No. 17 , § 1(2).

Former § 1291, relating to effective period of quarantine, was derived from V.S. 1947, § 4807; 1937, No. 92 , § 9; P.L. § 4534; 1933, No. 157 , § 4267; 1927, No. 12 , § 2; 1925, No. 17 , § 1(2).

Former § 1292, relating to duties of department and owner regarding testing, was derived from V.S. 1947, § 4808; 1937, No. 92 , § 10; P.L. § 4535; 1933, No. 67 , § 5; 1925, No. 17 , § 1(3).

§ 1293. Repealed. 1987, No. 276 (Adj. Sess.), § 5.

History

Former § 1293. Former § 1293, relating to penalties for false advertisement or sale of cattle as accredited or tested, was derived from V.S. 1947, § 4787; P.L. § 4504; 1933, No. 157 , § 4237; 1929, No. 17 , § 3; 1925, No. 16 , § 5; G.L. § 498; 1912, No. 225 , § 7; 1910, No. 222 , § 17; 1908, No. 163 , § 17 and amended by 1981, No. 223 (Adj. Sess.), § 23. The subject matter is now covered by § 1163 of this title.

Subchapter 4. Condemnation, Disposal, and Indemnity

§§ 1331-1338. Repealed. 1963, No. 78, § 7.

History

Former §§ 1331-1338. Former § 1331, relating to appraisal of animals killed by order of commissioner, was derived from 1953, No. 11 , § 1; V.S. 1947, § 4794; 1947, No. 79 , § 1; 1944 S., No. 7, § 1; 1943, No. 67 , § 1; 1939, No. 95 , § 1; P.L. § 4517; 1933, No. 67 , § 3; 1929, No. 15 , § 1; 1923, No. 14 , § 1; 1921, No. 20 , § 2; 1919, No. 17 , § 1; G.L. § 503; 1917, No. 25 , § 1; 1915, No. 202 , § 4; 1912, No. 225 , § 13; 1910, No. 222 , § 9; 1908, No. 163 , § 9; P.S. § 5613; 1906, No. 178 , § 4; 1904, No. 146 , § 3; 1902, No. 85 , § 5; V.S. § 4815; 1894, No. 102 , § 3; R.L. § 4023; 1880, No. 45 , § 8.

Former § 1332, relating to amount of indemnity, was derived from V.S. 1947, § 4795; 1937, No. 92 , § 5; P.L. § 4518; 1933, No. 157 , § 4251; 1929, No. 15 , § 1; 1923, No. 14 , § 1; 1921, No. 20 , § 2; 1919, No. 17 , § 1; G.L. § 503; 1917, No. 25 , § 1; 1915, No. 202 , § 4; 1912, No. 225 , § 13; 1910, No. 222 , § 9; 1908, No. 163 , § 9; P.S. § 5613; 1906, No. 178 , § 4; 1904, No. 146 , § 3; 1902, No. 85 , § 5; V.S. § 4815; 1894, No. 102 , § 3; R.L. § 4023; 1880, No. 45 , § 8. The subject matter is now covered by § 1159 of this title.

Former § 1333, relating to disinfection of premises and payment of indemnity, was derived from V.S. 1947, §§ 4796, 4797; 1937, No. 92 , § 6; P.L. §§ 4519, 4520; 1933, No. 157 , § 4253; 1933, No. 67 , § 4; 1921, No. 19 , § 4; G.L. § 504; 1912, No. 225 , § 14; 1910, No. 222 , § 10; 1908, No. 163 , § 10; P.S. §§ 5611, 5614; 1906, No. 178 , §§ 3, 4, 7; 1904, No. 146 , § 3; 1902, No. 85 , §§ 4, 5; V.S. § 4815; 1894, No. 102 , § 3; R.L. § 4023; 1880, No. 45 , § 8.

Former § 1334, relating to exceptions to right of indemnity, was derived from V.S. 1947, § 4798; 1937, No. 92 , § 7; P.L. § 4521; 1933, No. 157 , § 4254; 1921, No. 19 , § 4; G.L. § 504; 1912, No. 225 , § 14; 1910, No. 222 , § 10; 1908, No. 163 , § 10; P.S. §§ 5611, 5614; 1906, No. 178 , §§ 3, 4, 7; 1904, No. 146 , § 3; 1902, No. 85 , §§ 4, 5; V.S. § 4815; 1894, No. 102 , § 3; R.L. § 4023; 1880, No. 45 , § 8.

Former § 1335, relating to reactors to tuberculin or mallein test, was derived from V.S. 1947, § 4791; 1937, No. 92 , § 3; P.L. § 4511; 1933, No. 157 , § 4244; 1925, No. 16 , § 2; 1921, No. 18 ; 1919, No. 18 , § 4; G.L. § 500; 1912, No. 225 , § 10; 1910, No. 222 , § 5; 1908, No. 163 , § 5; P.S. § 5611; 1906, No. 178 , §§ 3, 7; 1902, No. 85 , § 4.

Former § 1336, relating to violation by owner of terms of test agreement with state, was derived from V.S. 1947, § 4792; P.L. § 4512; 1933, No. 157 , § 4245; 1925, No. 16 , § 2; 1921, No. 18 ; 1919, No. 18 , § 4; G.L. § 500; 1912, No. 225 , § 10; 1910, No. 222 , § 5; 1908, No. 163 , § 5; P.S. § 5611; 1906, No. 178 , §§ 3, 7; 1902, No. 85 , § 4.

Former § 1337, relating to disposal of reactors to tuberculin test and licensing of slaughterhouses and dealers, was derived from V.S. 1947, §§ 4799, 4800, 4820; P.L. §§ 4523, 4524, 4553; 1933, No. 157 , §§ 4256, 4257; 1929, No. 17 , § 7; 1929, No. 16 ; 1921, No. 20 , § 1; G.L. §§ 506, 516; 1917, No. 193 , § 2; 1912, No. 225 , § 16; 1910, No. 222 , § 11; 1908, No. 163 , § 11; P.S. §§ 5615-5617; 1906, No. 179 , §§ 1, 2.

Former § 1338, relating to time for making payments, reports, branding condemned animals and suspension and revocation of licenses, was derived from V.S. 1947, § 4801; P.L. § 4525; 1933, No. 157 , § 4258; 1929, No. 16 ; 1921, No. 20 , § 1; G.L. § 506; 1912, No. 225 , § 16; 1910, No. 222 , § 11; 1908, No. 163 , § 11; P.S. §§ 5615-5617; 1906, No. 179 , §§ 1, 2.

§ 1339. Repealed. 1987, No. 276 (Adj. Sess.), § 5.

History

Former § 1339. Former § 1339, relating to penalties for sale of condemned stock as food, was derived from V.S. 1947, § 4814; P.L. § 4544; 1933, No. 157 , § 4277; 1929, No. 17 , § 6; 1919, No. 18 , § 8; G.L. § 510; 1917, No. 18 ; 1917, No. 58 ; 1915, No. 202 , § 6; 1912, No. 225 , § 19; 1910, No. 222 , § 19; 1909, No. 163 , § 18.

CHAPTER 105. VIRULENT CONTAGIOUS DISEASES, INCLUDING FOOT AND MOUTH DISEASE AND VESICULAR EXANTHEMA

Sec.

§§ 1401-1419. Repealed. 1987, No. 276 (Adj. Sess.), § 5.

History

Former 1401-1419. Former § 1401, relating to slaughter of infected or exposed animals, was derived from 1957, No. 10 ; 1953, No. 40 , § 1; 1951, No. 106 , § 1 and previously repealed by 1963, No. 78 , § 7. The subject matter is now covered by § 1159 of this title.

Former § 1402, relating to reimbursement for slaughter of animals exposed to foot and mouth disease or vesicular exanthema, was derived from 1953, No. 40 , § 2; 1951, No. 106 , § 2 and previously repealed by 1963, No. 78 , § 7. The subject matter is now covered by § 1159 of this title.

Former § 1403, relating to appraisal of slaughtered animals, was derived from 1953, No. 40 , § 3; 1951, No. 106 , § 3 and previously repealed by 1963, No. 78 , § 7.

Former § 1404, relating to payment of appraised value of slaughtered animals, was derived from 1953, No. 40 , § 4; 1951, No. 106 , § 4 and previously repealed by 1963, No. 78 , § 7.

Former § 1405, relating to adoption of regulations and definition of "animal", was derived from 1951, No. 106 , § 5 and amended by 1963, No. 78 , §§ 1, 2; 1965, No. 43 , § 1; 1969, No. 17 , § 1. The subject matter is now covered by §§ 1151(2) and 1153 of this title.

Former § 1406, relating to cooperation with federal agencies, was derived from 1953, No. 40 , § 6; 1951, No. 106 , § 6 and amended by 1963, No. 78 , § 7. The subject matter is now covered by § 1152 of this title.

Former § 1407, relating to inspection and testing, was derived from 1963, No. 78 , § 4. The subject matter is now covered by § 1154 of this title.

Former § 1408, relating to interference with testing, was derived from 1963, No. 78 , § 5 and amended by 1969, No. 17 , § 2. The subject matter is now covered by § 1163 of this title.

Former § 1409, relating to quarantine, was derived from 1963, No. 78 , § 6 and amended by 1965, No. 43 , § 2. The subject matter is now covered by §§ 1157 and 1158 of this title.

Former § 1410, relating to penalties, was added by 1969, No. 17 , § 3. The subject matter is now covered by §§ 1163 and 1164 of this title.

Former § 1411, relating to compensation for destruction of animals, was derived from 1969, No. 26 , § 1 and amended by 1975, No. 137 (Adj. Sess.), § 1; No. 203 (Adj. Sess.), § 1; 1977, No. 9 , § 1; 1977, No. 247 (Adj. Sess.), § 181. The subject matter is now covered by § 1159 of this title.

Former § 1412, relating to slaughter or removal of cattle or swine exposed to brucellosis, tuberculosis or hog cholera, was derived from 1969, No. 26 , § 2 and amended by 1977, No. 9 , § 2. The subject matter is now covered by § 1159 of this title.

Former § 1413, relating to testing and fees for testing of poultry, was added by 1973, No. 139 (Adj. Sess.). The subject matter is now covered by §§ 1154 and 1161 of this title.

Former § 1414, relating to fees for tuberculosis testing, was added by 1973, No. 194 (Adj. Sess.). The subject matter is now covered by § 1161 of this title.

Former § 1415, relating to definitions, was added by 1985, No. 142 (Adj. Sess.), § 1. The subject matter is now covered by § 1151 of this title.

Former § 1416, relating to certification of equine animals, was added by 1985, No. 142 (Adj. Sess.), § 2. The subject matter is now covered by § 1181 of this title.

Former § 1417, relating to testing of equine animals, was added by 1985, No. 142 (Adj. Sess.), § 3. The subject matter is now covered by § 1182 of this title.

Former § 1418, relating to disposition of reactors, was added by 1985, No. 142 (Adj. Sess.), § 4. The subject matter is now covered by § 1183 of this title.

Former § 1419, relating to penalties, was added by 1985, No. 142 (Adj. Sess.), § 5. The subject matter is now covered by § 1184 of this title.

CHAPTER 107. MOVEMENT OF LIVESTOCK AND POULTRY

Sec.

History

Amendments--2017. 2017, No. 30 , § 3, rewrote the chapter heading.

Cross References

Cross references. Control of contagious livestock diseases, see § 1151 et seq. of this title.

§ 1459. Definitions.

As used in this chapter:

  1. "Commercial slaughter facility" shall have the same meaning as "commercial slaughterhouse" set forth in section 3302 of this title.
  2. "Livestock" shall have the same meaning as set forth in section 3302 of this title.
  3. "Offloaded" means removed or otherwise taken off or away from the conveyance of transport.
  4. "Poultry" shall have the same meaning as set forth in section 3302 of this title.
  5. "Reactor" means livestock or poultry that test positive to a test required under this chapter.
  6. "Suspect" means livestock or poultry that are tested under a requirement in this chapter and are not classified as testing positive or negative.

    Added 2017, No. 30 , § 4.

§ 1460. Interstate movement; administration.

  1. In order to implement the requirements of this chapter and chapter 63 of this title related to the licensing of livestock businesses, the Secretary of Agriculture, Food and Markets shall require importers of livestock or poultry into the State to comply with minimum requirements of the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. part 86, including any future amendments to the rule.
  2. In order to prevent the introduction or spread of contagious disease, or to ensure adequate animal traceability within this State, the Secretary may adopt rules to mandate stricter movement requirements than those required by the U.S. Department of Agriculture Animal Disease Traceability rule.

    Added 2017, No. 30 , § 4.

§ 1461. Import and export documentation required.

  1. Import permit.  The Secretary of Agriculture, Food and Markets may require a person who imports or causes to be imported into this State any domestic animal except dogs and cats to first obtain an import permit from the Secretary, except as the Secretary may provide by rule. Permits shall be issued in a manner approved by the Secretary.
  2. Certificates of veterinary inspection.  No person shall import or cause to be imported any domestic animal into this State without first obtaining a Certificate of Veterinary Inspection, except as the Secretary may provide by rule. The certificate shall be issued by an accredited and licensed veterinarian in the state or country of origin. The certificate shall contain a statement by the state animal health official for that state certifying that the veterinarian who executed the certificate is licensed to practice veterinary medicine in that state or country and is accredited by the U.S. Department of Agriculture to sign a Certificate of Veterinary Inspection. The certificate shall be issued electronically or on a form prescribed by the state of origin and declare that all of the animals listed have been inspected or tested, or both, as required by the applicable State and federal statutes, rules, and regulations. The certificate shall also set forth the name and address of the owner of any animal transferred pursuant to the certificate. One copy of the certificate shall accompany the animals during transportation, and one copy shall be filed with the Secretary. A Certificate of Veterinary Inspection that is issued electronically shall meet the data standards established by the National Assembly of State Animal Health Officials in consultation with the U.S. Department of Agriculture.
  3. Exemption.  The Secretary may, by rule, exempt from the provisions of this section transactions concerning domestic animals transported into this State for immediate slaughter. A person who so imports an animal without a permit and then does not immediately slaughter the animal shall be subject to the provisions of this section.
  4. Exportation.  A person wishing to export domestic animals to another state or country shall comply with all the requirements of that state or country for the importation of domestic animals.

    Added 1987, No. 276 (Adj. Sess.), § 2; amended 1991, No. 153 (Adj. Sess.), § 1, eff. May 5, 1992; 1995, No. 39 , § 2, eff. April 17, 1995; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 4.

History

Amendments--2017. Subsecs. (a), (b): Amended generally.

Subsec. (d): Added.

Amendments--2003. Substituted "secretary" for "commissioner" and "agency" for "department" wherever it appeared throughout the section.

Amendments--1995 Subsec. (b): Substituted "except for equine imported for resale or slaughter as provided by section 1181(b) of this title, and except as otherwise provided by" for "except as" preceding "the commissioner" and deleted "may provide" thereafter in the first sentence.

Amendments--1991 (Adj. Sess.) Subsec. (a): Amended generally.

Subsec. (b): Added the subsec. catchline and "except as the commissioner may provide by rule" following "inspection" in the first sentence, inserted "and licensed" following "accredited" and "or country" following "state" in the second sentence, rewrote the third sentence and substituted "Vermont" for "this state" following "laws of" in the fourth sentence.

Subsec. (c): Added

Prior law. Former § 1461, relating to permits for importation, was derived from V.S. 1947, § 4775; P.L. § 4492; 1933, No. 157 , § 4225; 1929, No. 17 , § 1; 1925, No. 16 , § 1; 1921, No. 19 , § 1; 1919, No. 18 , § 1; G.L. § 492; 1917, No. 254 , § 483; 1912, No. 225 , § 2; 1910, No. 222 , § 2; 1908, No. 163 , § 2; P.S. § 5608; 1906, No. 178 , § 2 and repealed by 1963, No. 78 , § 7.

Cross References

Cross references. Certification of imported equine animals, see § 1181 of this title.

§ 1461a. Intrastate movement.

  1. Except as provided under subsection (b) of this section, all livestock being transported within the State shall satisfy the requirements for official identification for interstate movement under the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86, including any future amendments to the rule, prior to leaving the premises of origin, regardless of the reason for movement or duration of absence from the premises.
    1. Livestock transported from the premises of origin for purposes of receiving veterinary care at a hospital in this State are exempt from the requirements of subsection (a) of this section, provided that the livestock are returned to the premises of origin immediately following the conclusion of veterinary care. (b) (1)  Livestock transported from the premises of origin for purposes of receiving veterinary care at a hospital in this State are exempt from the requirements of subsection (a) of this section, provided that the livestock are returned to the premises of origin immediately following the conclusion of veterinary care.
    2. The Secretary, by procedure, may waive the requirements of subsection (a) for certain types or categories of intrastate transport of livestock.
  2. Livestock and poultry that are transported to a commercial slaughter facility within the State shall not be removed from the facility without the facility's owner's first obtaining written permission from the State Veterinarian. For purposes of this section, arrival of the conveyance onto facility property and the offloading of livestock or poultry constitutes transport to a slaughter facility, regardless of whether the animals have been presented for antemortem inspection. The State Veterinarian may require inspection and testing prior to issuing consent for removal.
  3. Vermont-origin livestock and poultry that are transported to a slaughter facility outside this State shall not be removed from the facility and returned to Vermont without the facility's owner first obtaining written permission from the State Veterinarian. For purposes of this section, arrival of the conveyance onto facility property constitutes transport to a slaughter facility, regardless of whether the animals have been offloaded or presented for antemortem inspection. The State Veterinarian may require inspection and testing prior to issuing consent for removal.
  4. A person shall not transport out-of-state livestock or poultry into Vermont for slaughter or other purpose without written consent from the State Veterinarian if the livestock or poultry is classified as a suspect or a reactor by the U.S. Department of Agriculture or was exposed to livestock or poultry classified as a suspect or a reactor.

    Added 2017, No. 30 , § 4; amended 2017, No. 180 (Adj. Sess.), § 5, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 21, eff. May 30, 2018; 2019, No. 129 (Adj. Sess.), § 4.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "Except as provided under subsection (b) of this section," for "The Secretary of Agriculture, Food and Markets shall require" and substituted "shall" for "to" preceding "satisfy".

Subsec. (b): Added the subdiv. (b)(1) designation and added subdiv. (b)(2).

Amendments--2017 (Adj. Sess.). Act Nos. 180 and 194 substituted "facility's owner's first" for "facility's owner first" in the first sentence, in the second sentence inserted "and the offloading of livestock or poultry" and deleted "offloaded or" preceding "presented for antemortem".

§ 1462. Quarantine.

The Secretary may require by rule in general, or order in specific cases, that any domestic animal imported into this State be placed in quarantine.

Amended 1989, No. 183 (Adj. Sess.), § 3; 1991, No. 153 (Adj. Sess.), § 2, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 4.

History

Source. V.S. 1947, § 4776. P.L. § 4493. 1933, No. 157 , § 4226. 1929, No. 17 , § 1. 1925, No. 16 , § 1. 1921, No. 19 , § 1. 1919, No. 18 , § 1. G.L. § 492. 1917, No. 254 , § 483. 1912, No. 225 , § 2. 1910, No. 222 , § 2. 1908, No. 163 , § 2. P.S. § 5608. 1906, No. 178 , § 2.

Amendments--2017. Substituted "animal" for "animals" following "domestic".

Amendments--2003. Substituted "secretary" for "commissioner" once within the section.

Amendments--1991 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Substituted "mules or other livestock as determined by the commissioner" for "or mules" preceding "brought into", inserted "premises of" preceding "destination", deleted "strict" preceding "quarantine" and substituted "mules or other livestock" for "or mules" preceding "until released".

ANNOTATIONS

Cited. , 1938-40 Op. Atty. Gen. 71.

§ 1463. Examination; release from quarantine.

Within a reasonable time, the Secretary shall examine any imported domestic animal placed in quarantine and may apply such tests or retests as the Secretary deems necessary to determine the health of the animals. After tests or retests ordered by the Secretary have been applied, any domestic animal found free from contagious or infectious disease shall be released from quarantine, unless the Secretary determines that the animal may have been exposed to a contagious disease and that it is necessary to continue the quarantine in order to prevent the potential spread of a contagious disease. Any order shall be made in the manner provided by section 1157 of this title.

Amended 1989, No. 183 (Adj. Sess.), § 4; 1991, No. 153 (Adj. Sess.), § 3, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 4.

History

Source. V.S. 1947, § 4777. P.L. § 4494. 1933, No. 157 , § 4227. 1929, No. 17 , § 1. 1925, No. 16 , § 1. 1921, No. 19 , § 1. 1919, No. 18 , § 1. G.L. § 492. 1917, No. 254 , § 483. 1912, No. 225 , § 2. 1910, No. 222 , § 2. 1908, No. 163 , § 2. P.S. § 5608. 1906, No. 178 , § 2.

Amendments--2017. Substituted "the" for "such" preceding "animals" in the first sentence and "tests" for "test" following "After" in the second sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Deleted "or" preceding "mules" and inserted "or other livestock" thereafter in the first and fourth sentences.

§ 1464. Slaughter; expenses.

The Secretary may take all steps that he or she deems necessary to prevent the potential spread of a contagious or an infectious disease, including continuing a quarantine order concerning imported animals found to be infected with or exposed to a contagious disease. When necessary to protect the health of other domestic animals or to prevent or control the spread of contagious disease, the Secretary may order any domestic animal imported into the State that is infected with or has been exposed to an infectious or a contagious disease condemned and destroyed and the carcass disposed with, in accordance with the provisions of section 1159 of this title. The owner shall bear the expense of detention, examination, test, and slaughter but not the personal expenses of the Secretary.

Amended 1991, No. 153 (Adj. Sess.), § 4, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 4.

History

Source. V.S. 1947, § 4778. P.L. § 4495. 1933, No. 157 , § 4228. 1929, No. 17 , § 1. 1925, No. 16 , § 1. 1921, No. 19 , § 1. 1919, No. 18 , § 1. G.L. § 492. 1917, No. 254 , § 483. 1912, No. 225 , § 2. 1910, No. 222 , § 2. 1908, No. 163 , § 2. P.S. § 5608. 1906, No. 178 , § 2.

Revision note. Phrase "or may be shipped to a fertilizer or rendering plant as hereinafter provided" at the end of the first sentence changed to "or may be disposed of as otherwise provided by law" and "shipped as herein provided" at the end of the second sentence changed to "otherwise disposed of". The provisions set out in former § 1337 of this title (V.S. 1947, §§ 4799, 4800) were amended prior to the Public Laws of 1933 to omit references to fertilizer or rendering plants.

Amendments--2017. Deleted "but not limited to," preceding "continuing" in the first sentence; substituted "When" for "Where" preceding "necessary" and "State that" for "state which" and inserted "and" preceding "destroyed" in the second sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Disposal of diseased livestock generally, see § 1159 of this title.

§ 1465. Repealed. 1991, No. 153 (Adj. Sess.), § 16, eff. May 5, 1992.

History

Former § 1465. Former § 1465, relating to certification of health of imported swine, was derived from V.S. 1947, § 4779; P.L. § 4496; 1933, No. 157 , § 4229; 1929, No. 17 , § 1; 1925, No. 16 , § 1; 1921, No. 19 , § 1; 1919, No. 18 , § 1; G.L. § 492; 1917, No. 254 , § 483; 1912, No. 225 , § 2; 1910, No. 222 , § 2; 1908, No. 163 , § 2; P.S. § 5608; 1906, No. 178 , § 2, and amended by 1989, No. 183 (Adj. Sess.), § 5.

§ 1466. Exceptions.

Nothing in sections 1461-1465 of this title shall be construed to apply to the transportation of domestic animals through the State, provided that the animals are not offloaded within the State and the premises of the consignee are not within the State.

Amended 1991, No. 153 (Adj. Sess.), § 5, eff. May 5, 1992; 2017, No. 30 , § 4.

History

Reference in text. Section 1465 of this title, referred to in this section, was repealed by 1991, No. 153 (Adj. Sess.), § 16, eff. May 5, 1992.

Amendments--2017. Section amended generally.

Amendments--1991 (Adj. Sess.). Substituted "domestic animals" for "cattle or horses" following "transportation of" in the first sentence and added the last sentence.

Source. V.S. 1947, § 4781. P.L. § 4498. G.L. § 494. 1912, No. 225 , § 4. 1910, No. 222 , § 3. 1908, No. 163 , § 3. P.S. § 5609. 1906, No. 178 , § 2.

§ 1467. Test and inspection in state of origin.

  1. Any domestic animal brought into the State shall be tested and inspected in the state of origin when testing or inspection is required by rule. Imported domestic animals may be retested at the discretion of the Secretary.
  2. In order to prevent the spread of infections or contagious diseases, any domestic animal brought into the State without having been first tested and inspected, as required by the Secretary's rules, may be returned to the state of origin within 48 hours of a determination by the Secretary that the animals have been illegally imported. While in the State, the illegally imported domestic animals shall be strictly quarantined. In the event that the domestic animals cannot be returned to the state of origin, the animals may be slaughtered or euthanized within 72 hours of a determination by the Secretary that the animals have been illegally imported. The owner of the domestic animals shall bear the full expense of their removal from the State, or destruction, and shall not be entitled to any compensation from the State.

    Amended 1961, No. 56 ; 1975, No. 12 , § 1, eff. March 10, 1975; 1985, No. 205 (Adj. Sess.); 1991, No 153 (Adj. Sess.), § 6, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 4.

History

Source. V.S. 1947, § 4782. 1941, No. 80 , § 1. P.L. § 4499. 1933, No. 67 , § 1. 1929, No. 17 , § 2. 1919, No. 18 , § 2. G.L. § 495. 1912, No. 225 , § 5.

Revision note. Undesignated paragraphs were designated as subsecs. (a) and (b) to conform section to V.S.A. style.

Amendments--2017. Subsec. (b): Substituted "may" for "shall" preceding "be slaughtered" in the third sentence.

Amendments--2003. Substituted "Secretary" for "commissioner" and "secretary's" for "commissioner's".

Amendments--1991 (Adj. Sess.). Subsec. (a): Substituted "any domestic animal" for "livestock" preceding "brought" in the first sentence, and in the second sentence substituted "domestic animals" for "livestock" following "imported" and deleted "within 120 days after import" following "commissioner".

Subsec. (b): Substituted "domestic animal" for "livestock" preceding "brought" and "may" for "shall" following "rules" in the first sentence, substituted "domestic animals" for "livestock" wherever it appears in the second, third and fourth sentences, and inserted "or euthanized" following "slaughtered" in the third sentence.

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1975. Subsec. (a): Amended generally.

Amendments--1961. Added the second paragraph.

Cross References

Cross references. Certification of imported equines, see § 1181 of this title.

ANNOTATIONS

1. Quarantine.

The Commissioner may make it a condition that all cattle described in an import permit shall be subject to quarantine upon reaching their destination in accordance with section 1462 of this title, and to such tests or retests as the Commissioner deems necessary. 1938-40 Op. Atty. Gen. 71.

§ 1468. Permits to persons near State line; Secretary grant of permission of entry.

Persons living near the State line who own or occupy land in an adjoining state may procure from the Secretary permits to drive, herd, or transport cattle, horses, or other livestock back and forth to seasonal pasture or housing, subject to such restrictions as the Secretary may prescribe by rule or order. The Secretary may grant permission for cattle, horses, or other domestic animals to enter the State for exhibition purposes between May 1 and October 31 of any year. The Secretary may adopt rules regarding entry of cattle, horses, or other domestic animals into the State for seasonal pasture, housing, or exhibition purposes.

Amended 1989, No. 183 (Adj. Sess.), § 6; 1991, No. 153 (Adj. Sess.), § 7, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 4.

History

Source. V.S. 1947, § 4783. P.L. § 4500. G.L. § 496. 1912, No. 225 , § 9. 1910, No. 222 , § 3. 1908, No. 163 , § 3. P.S. § 5609. 1906, No. 178 , § 2.

Amendments--2017. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 (Adj. Sess.). Inserted "herd or transport" following "drive", substituted "the commissioner" for "he" preceding "may prescribe" and added "by rule or order" thereafter in the first sentence, substituted "the commissioner" for "he" at the beginning of the second and third sentences and "domestic animals" for "livestock" following "other" in the third sentence, and made minor changes in phraseology throughout the section.

Amendments--1989 (Adj. Sess.). Deleted "or" preceding "horses" and inserted "or other livestock" thereafter in the first and third sentences.

§ 1469. Penalties - Illegal importation.

  1. A person engaged in a commercial enterprise who violates a provision of this chapter, the rules adopted thereunder, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter may be assessed an administrative penalty under section 15 of this title.
  2. The Secretary may seek a temporary or permanent injunction to enforce the provisions of this chapter, the rules adopted under this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter.
  3. The Secretary may suspend or revoke a license issued under chapter 63 of this title for a violation of this chapter, the rules adopted under this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter in accordance with the provisions of the Administrative Procedure Act, 3 V.S.A. chapter 25.

    Amended 1989, No. 183 (Adj. Sess.), § 1; 1991, No. 153 (Adj. Sess.), § 12, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 4.

History

Source. V.S. 1947, § 4816. P.L. § 4546. G.L. § 512. 1912, No. 225 , § 23. 1910, No. 222 , § 21. 1908, No. 163 , § 20. P.S. § 5622. 1906, No. 182 , § 3.

Revision note. Deleted a comma following "commissioner" in the first sentence to correct a grammatical error.

Amendments--2017. Subsec. (a): Substituted "may be assessed an administrative penalty under section 15 of this title" for "shall be fined not more than $15,000.00, or imprisoned for not more than two years, or both".

Subsec. (c): Amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 (Adj. Sess.). Deleted "or" following "thereunder" and inserted "or an order issued pursuant to this chapter" preceding "shall be" in subsec. (a), and inserted "the rules adopted under this chapter, a permit issued pursuant to this chapter or an order issued pursuant to this chapter" following "provisions of this chapter" in subsec. (b) and preceding "in accordance" in subsec. (c).

Amendments--1989 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Knowingly importing animal infected with or exposed to contagious disease, see § 1163 of this title.

§ 1470. Repealed. 1991, No. 153 (Adj. Sess.), § 16, eff. May 5, 1992.

History

Former § 1470. Former § 1470, relating to penalties for importing animals with pleuropneumonia, was derived from V.S. 1947, § 7594; P.L. § 8257; G.L. § 6709; P.S. § 5602; V.S. § 4804; R.L. § 4013; G.S. 113, § 27; 1860, No. 24 , § 1, and amended by 1981, No. 223 (Adj. Sess.), § 23.

§ 1470. Records.

  1. A commercial slaughter facility operating in the State shall maintain and retain for three years records of the number of animals slaughtered at the facility, the physical address of origination of each animal, the date of slaughter of each animal, and all official identification numbers of slaughtered animals. A commercial slaughterhouse shall make the records required under this subsection available to the Agency upon request.
  2. Records produced or acquired by the Secretary under this chapter shall be available to the public for inspection and copying, except that:
    1. the Secretary may withhold from inspection and copying records that are confidential under federal law; and
    2. the Secretary may withhold or redact a record to the extent needed to avoid disclosing directly or indirectly the identity of individual persons, households, or businesses.

      Added 2019, No. 64 , § 17.

History

Former § 1470. Former § 1470, relating to penalties for importing animals with pleuropneumonia, was derived from V.S. 1947, § 7594; P.L. § 8257; G.L. § 6709; P.S. § 5602; V.S. § 4804; R.L. § 4013; G.S. 113, § 27; 1860, No. 24 , § 1, and amended by 1981, No. 223 (Adj. Sess.), § 23. This section was previously repealed by 1991, No. 153 (Adj. Sess.), § 16.

§ 1471. Repealed. 2017, No. 30, § 4.

History

Former § 1471. Former § 1471, relating to exportation of domestic animals, was derived V.S. 1947, § 4851; 1939, No. 94 , § 1 and amended by 1991, No. 153 (Adj. Sess.), § 8.

§ 1472. Test; certificate.

  1. A person wishing to export a domestic animal may obtain a certificate of veterinary inspection in the following manner. The applicant shall have the animal to be exported tested for such contagious disease or other condition as may be required by the state or country to which the animal is to be shipped. Such test shall be made at the expense of the applicant by a veterinarian licensed in this State and accredited by the U.S. Department of Agriculture to sign certificates of veterinary inspection. The testing may also be conducted by a veterinarian resident of any other state in which a test is conducted who is certified by the authority charged with the control of animal health matters in the state wherein such veterinarian resides to be licensed as a veterinarian in that state and accredited by the U.S. Department of Agriculture to sign certificates of veterinary inspection. Such test shall be made in accordance with such reasonable rules and regulations as the Secretary shall prescribe, and the result of the test shall be reported to the Secretary within five days from the time it is completed.
  2. If the testing discloses that the animal tested is free of the disease or condition tested for and the Secretary shall be satisfied that the testing was performed in accordance with the applicable rules and regulations, the Secretary shall issue to the owner a certificate evidencing the date and the result of such test as shown by the report of the veterinarian who conducted the test and the fact that the test has been performed in accordance with the laws of this State. The Secretary shall also include a certification as to the status of the licensing and accreditation of the veterinarian making the test.
  3. In cases covered by this section and section 1471 of this title, a veterinarian whose licensing and accreditation are certified to by the authority charged with the control of animal health matters in the State wherein such veterinarian resides may be certified by the Secretary as licensed and accredited, unless it shall affirmatively appear that such veterinarian is not licensed or accredited. Veterinarians conducting tests or examinations in Vermont must be licensed in Vermont or otherwise authorized to do so.
  4. Veterinary accreditation by U.S. Department of Agriculture and certification of accreditation shall only be necessary for animals exported out of Vermont when required by the state or country of destination.

    Amended 1991, No. 153 (Adj. Sess.), § 9, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Source. V.S. 1947, § 4852. 1939, No. 94 , § 2.

Revision note. Undesignated paragraphs were designated as subsecs. (a)-(c) to conform section to V.S.A. style.

Deleted "livestock" preceding "commissioner" in subsecs. (a) and (c) in light of the repeal of § 1141 of this title, which designated the commissioner of agriculture as livestock commissioner.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1991 (Adj. Sess.). Amended subsecs. (a)-(c) generally and added subsec. (d).

§ 1473. Repealed. 1963, No. 78, § 7.

History

Former § 1473. Former § 1473, relating to retesting of cattle by nonresident veterinarians, was derived from V.S. 1947, § 4853; 1947, No. 202 , § 4803; 1939, No. 94 , § 3.

§ 1474. Imports from quarantined herds, groups, or flocks.

No person shall import domestic animals into the State from any herd, flock, or group which is under quarantine in the state or place of origin due to the presence or suspected presence of an infectious or a contagious disease within the herd, flock, or group, except that such quarantined herds, flock, or groups may be moved directly to slaughter on permits issued by the Secretary.

Added 1981, No. 10 , eff. March 27, 1981; amended 1991, No. 153 (Adj. Sess.), § 10, eff. May 5, 1992; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner".

Amendments--1991 (Adj. Sess.). Substituted "domestic animals" for "livestock, birds or domesticated animals" following "import".

§ 1475. Rulemaking.

The Secretary may adopt rules to carry out the provisions of this chapter.

Added 1991, No. 153 (Adj. Sess.), § 11, eff. May 5, 1992; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 4.

History

Amendments--2017. Minor capitalization change.

Amendments--2003. Substituted "secretary" for "commissioner".

Continuation of existing rules. 1991, No. 153 (Adj. Sess.), § 17(b), eff. May 5, 1992, provided: "All rules adopted under chapters 102 and 107 of Title 6, or other authority of the commissioner of agriculture, food and markets for the control of imports and exports of domestic animals and for the control of contagious diseases in domestic animals shall remain in effect until amended or repealed."

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

§ 1476. Misuse or removal of official identification devices.

A person who, without authority from the Secretary, removes or causes to be removed from an animal any official identification device as defined in 9 C.F.R. § 86.1, or otherwise misuses or causes an official identification device to be misused, may be imprisoned for not more than one year or fined not more than $1,000.00, or both.

Added 2017, No. 30 , § 4.

§ 1477. Revocation of livestock dealer license.

The Secretary may revoke for a period of one year the license of a livestock dealer who has been convicted of a violation of the provisions of section 1476 of this chapter, and the license shall not be renewed prior to the expiration of one year from the date of conviction.

Added 2017, No. 30 , § 4.

CHAPTER 109. EAR TAGS

Sec.

History

Former chapter 109. Former chapter 109, consisting of §§ 1531-1550, related to brucellosis control, and was derived from 1959, No. 45 ; 1957, No. 13 ; 1955, No. 2 , §§ 1-11; 1949, No. 111 , §§ 1-19 and repealed by 1961, No. 21 , § 16.

§§ 1501, 1502. Repealed. 2017, No. 30, § 7.

History

Former §§ 1501, 1502. Former § 1501, relating to misuse or removal of Agency of Agriculture, Food and Markets ear tags, was derived from 1979, No. 102 (Adj. Sess.) and amended by 1989, No. 256 (Adj. Sess.), § 10(a); and 2003, No. 42 , § 2.

Former § 1502, relating to revocation of livestock dealer license, was derived from 1979, No. 102 (Adj. Sess.) and amended by 2003, No. 42 , § 2.

CHAPTER 110. BRUCELLOSIS ERADICATION

Sec.

§§ 1551-1565. Repealed. 1963, No. 78, § 7; 1987, No. 276 (Adj. Sess.), § 5.

History

Former §§ 1551-1565. Former §§ 1551-1565, relating to brucellosis eradication, were derived from 1961, No. 21 .

CHAPTER 111. DOMESTIC FOWL

Sec.

§§ 1601 Repealed. 1987, No. 276 (Adj. Sess.), § 5.

History

Former § 1601. Former § 1601, relating to definitions, was derived from 1957, No. 2 , § 1; V.S. 1947, § 4877; 1947, No. 202 , § 4823; 1945, No. 82 , § 1.

§§ 1602-1613. Repealed. 1963, No. 78, § 7.

History

Former §§ 1602-1613. Former § 1602, relating to plans and policies for disease control and breed improvement, was derived from V.S. 1947, § 4878; 1945, No. 82 , § 2.

Former § 1603, relating to regulations and collection of information, was derived from V.S. 1947, § 4879; 1945, No. 82 , § 3 and amended by 1961, No. 46 , § 1.

Former § 1603a, relating to penalty for violation of regulations, was derived from 1961, No. 46 , § 2.

Former § 1604, relating to state supervision of flocks, was derived from V.S. 1947, § 4880; 1947, No. 202 , § 4826; 1945, No. 82 , § 4.

Former § 1605, relating to testing for pullorum and inspection for breed improvement, was derived from V.S. 1947, § 4881; 1947, No. 202 , § 4827; 1945, No. 82 , § 5.

Former § 1606, relating to laboratory testing for pullorum, report of test results and regulations, was derived from V.S. 1947, § 4882; 1945, No. 82 , § 6.

Former § 1607, relating to other laboratory service, was derived from V.S. 1947, § 4888; 1945, No. 82 , § 12.

Former § 1608, relating to fees, was derived from 1953, No. 162 , § 1; V.S. 1947, § 4883; 1947, No. 202 , § 4829; 1945, No. 82 , § 7.

Former § 1609, relating to removal and disposal of reactors to pullorum testing, was derived from V.S. 1947, § 4884; 1945, No. 82 , § 8.

Former § 1610, relating to vaccines, was derived from V.S. 1947, § 4885; 1945, No. 82 , § 9 and amended by 1959, No. 5 .

Former § 1611, relating to collection and examination of blood samples prior to sale of hatching eggs or baby chicks, was derived from V.S. 1947, § 4886; 1945, No. 82 , § 10.

Former § 1612, relating to sanitation of premises, was derived from V.S. 1947, § 4887; 1945, No. 82 , § 11.

Former § 1613, relating to sale of "pullorum passed" and "pullorum clean" poultry stock, was derived from 1959, No. 118 , §§ 1, 2.

CHAPTER 113. FEEDING PROHIBITED FOOD WASTE TO SWINE

Sec.

History

Amendments--2003. Substituted "Prohibited Food Waste" for "Garbage" in the catchline.

§ 1671. Definition.

  1. As used in this chapter, "prohibited food waste" means the following:
    1. pre- and postconsumer waste material derived in whole or in part from the meat of any animal, including fish and poultry, or from other animal material; or
    2. material that, as a result of the handling, preparation, cooking, disposal, or consumption of food, has come into contact with pre- or postconsumer waste material derived in whole or in part from the meat of any animal, including fish or poultry, or from other animal material.
  2. The term "prohibited food waste" shall not include the following:
    1. waste from ordinary household operations that is fed directly to swine raised exclusively for the use in the household of the owner of the swine by members of the household and nonpaying guests and employees; and
    2. processed dairy products.

      Amended 2003, No. 37 , § 4; 2017, No. 30 , § 5.

History

Source. 1955, No. 126 , § 1.

Amendments--2017. Section amended generally.

Amendments--2003. Rewrote the section.

§ 1672. Feeding of prohibited food waste.

No person shall feed prohibited food waste to swine or supply prohibited food waste to others for the purpose of feeding it to swine.

Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 37 , § 4.

History

Source. 1955, No. 126 , § 2.

Revision note. "Effective six months following passage of the act" was deleted from the beginning of the section as obsolete.

Amendments--2003. Rewrote the section catchline and the section.

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in the first sentence.

§§ 1673, 1674. Repealed. 2003, No. 37, § 4.

History

Former §§ 1673, 1674. Former § 1673, relating to application, fee, revocation or refusal of permit, was derived from 1955, No. 126 , § 3 and amended by 1975, No. 220 (Adj. Sess.), § 11; 1989, No. 256 (Adj. Sess.), § 10(a).

Former § 1674, relating to treatment of garbage, was derived from 1955, No. 126 , § 4 and amended by 1989, No. 256 (Adj. Sess.), § 10(a).

§ 1675. Inspection and investigation; records.

Any authorized representative of the Vermont Agency of Agriculture, Food and Markets or U.S. Department of Agriculture is authorized to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating the allegations of feeding of prohibited food waste to swine.

Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 37 , § 4; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 5.

History

Source. 1955, No. 126 , § 5.

Amendments--2017. Inserted "allegations of" preceding "feeding".

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets", and "the feeding of prohibited food waste" for "conditions relating to the treatment of garbage to be fed," and deleted the last three sentences.

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in the first and third sentences.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

§ 1676. Regulations; cooperation with United States.

The Agency is charged with administration and enforcement of the provisions of this chapter, and is authorized to adopt rules and enforce all State and federal laws, rules, and regulations that it deems necessary to carry out the purposes of this chapter. The Agency is authorized to cooperate with the U.S. Department of Agriculture.

Amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 5.

History

Source. 1955, No. 126 , § 6.

2005. Substituted "adopt" for "make" to more accurately indicate the rule-making process.

Amendments--2017. Inserted "rules" following "adopt" and substituted "State and federal laws, rules" for "rules" and "U.S. Department of Agriculture" for "United States Agency of Agriculture".

Amendments--2003. Substituted "Agency" for "Department" in two places within the section.

§ 1677. Penalties.

A person who violates any of the provisions of or who fails to perform any duty imposed by this chapter or who violates any rule adopted under this chapter shall be assessed an administrative penalty under section 15 of this title. Each day upon which such violation occurs constitutes a separate offense. In addition thereto, the person may be enjoined from further violation.

Amended 2003, No. 37 , § 4; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 5; 2017, No. 113 (Adj. Sess.), § 25.

History

Source. 1955, No. 126 , § 7.

2005. Substituted "adopted" for "promulgated" to more accurately indicate the rule-making process.

Amendments--2017 (Adj. Sess.). Deleted "or regulation" preceding "adopted" and substituted "under this chapter" for "hereunder" preceding "shall be assessed" in the first sentence.

Amendments--2017. Section amended generally.

Amendments--2003. Act No. 37 deleted the former fourth sentence and added the present fourth sentence.

Act No. 42 substituted "secretary" for "commissioner" in the fourth sentence.

CHAPTER 115. VETERINARY PHARMACEUTICALS

Sec.

History

Amendments--2017. 2017, No. 30 , § 6, substituted "Pharmaceuticals" for "Medicines" in the chapter heading.

§ 1731. Sale, distribution, or use.

  1. A person, firm, or corporation other than a licensed veterinarian shall not sell, trade, distribute, or use in this State any product containing live germs, cultures, or virulent products for the treatment of any domestic animal without first obtaining written authorization from the Secretary of Agriculture, Food and Markets.
  2. In no case may a person, firm, or corporation, including licensed veterinarians, use or possess virulent live virus hog cholera vaccine.

    Amended 1961, No. 6 ; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 30 , § 6.

History

Source. V.S. 1947, § 4844. 1937, No. 90 , § 1.

Amendments--2017. Subsec. (a): Deleted "graduate" following "licensed" and substituted "written authorization from the Secretary of Agriculture, Food and Markets" for "the approval of and a permit issued by the secretary of agriculture, food and markets".

Amendments--2003. Subsec. (a): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1961. Section amended generally.

ANNOTATIONS

1. Definitions.

The words "domestic animal" in this section include poultry and turkeys. 1942-44 Op. Atty. Gen. 53.

§ 1732. Penalties.

A person, firm, or corporation who violates a provision of section 1731 of this title shall be assessed an administrative penalty under section 15 of this title.

Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 30 , § 6.

History

Source. V.S. 1947, § 4845. 1937, No. 90 , § 2.

Amendments--2017. Substituted "assessed an administrative penalty under section 15 of this title" for "imprisoned not more than six months or fined not more than $200.00 nor less than $25.00, or both".

Amendments--1981 (Adj. Sess.). Added "or both" following "$ 25.00" at the end of the section.

§§ 1733-1736. Repealed. 2017, No. 30, § 6.

History

Former §§ 1733-1736. Former § 1733, relating to sale or use of tuberculin; labels; reports, was derived from V.S. 1947, § 4818; P.L. § 4551; 1933, No. 157 , § 4284; G.L. § 515; 1917, No. 193 , §§ 1, 2 and amended by 2003, No. 42 , § 2.

Former § 1734, relating to duties of buyer of tuberculin, was derived from V.S. 1947, § 4819; P.L. § 4552; 1933, No. 157 , § 4285; G.L. § 515; 1917, No. 193 , §§ 1, 2 and amended by 2003, No. 42 , § 2.

Former § 1735, relating to penalties and forfeiture of veterinary's certificate, was derived from V.S. 1947, § 4821; P.L. § 4554; G.L. § 517; 1917, No. 193 , § 3 and amended by 2003, No. 42 , § 2.

Former § 1736, relating to fine or imprisonment, was derived from V.S. 1947, § 4821; P.L. § 4554; G.L. § 517; 1917, No. 193 , § 3.

PART 6 Milk and Milk Products

CHAPTER 141. SUPERVISION, INSPECTION, AND LICENSING OF DAIRY CONCERNS

History

Former chapter 141. Former chapter 141, comprised of §§ 2101-2122 and relating to the Northeast Interstate Compact for Dairy pricing, was derived from 1989, No. 95 ; No. 86, § 1, amended by 1989, No. 256 (Adj. Sess.), § 10(a), and repealed by 1993, No. 57 , § 2, eff. June 3, 1993.

Subchapter 1. Supervision and Licensing of Creamery Companies

§§ 1961-1975. Repealed. 1965, No. 175, § 76.

History

Former §§ 1961-1975. Former § 1961, relating to definitions, was derived from V.S. 1947, § 4603; 1937, No. 97 , § 1; 1935, No. 101 , § 1; P.L. § 4603; 1929, No. 105 , § 1; 1929, No. 106 ; G.L. § 5723; 1915, No. 168 , § 1; P.S. § 4954; 1906, No. 138 , § 1. The subject matter is now covered by § 2672 of this title.

Former § 1962, relating to commissioner of creamery companies, was derived from V.S. 1947, § 4604; P.L. § 4604; 1923, No. 7 , §§ 4, 33(3); G.L. § 5724; 1917, No. 254 , § 5587; 1915, No. 168 , § 9; P.S. § 4955; 1906, No. 138 , § 2.

Former § 1963, relating to license requirements, was derived from 1957, No. 6 , § 1; V.S. 1947, § 4605; P.L. § 4605; G.L. § 5725; 1915, No. 168 , § 2; 1912, No. 181 , § 1; P.S. § 4956; 1906, No. 138 , § 3 and amended by 1961, No. 3 , § 1. The subject matter is now covered by § 2721 of this title.

Former § 1964, relating to fees, renewal and revocation of licenses, and reports, was derived from 1957, No. 6 , § 2; V.S. 1947, § 4606; 1947, No. 202 , § 4553; 1937, No. 98 , § 1; P.L. § 4606; G.L. § 5726; 1915, No. 168 , § 3; 1912, No. 181 , § 2; P.S. § 4957; 1906, No. 138 , § 4 and amended by 1959, No. 15 ; 1961, No. 3 , § 2. The subject matter is now covered by § 2674 of this title.

Former § 1965, relating to bonds and statements of business transactions, was derived from V.S. 1947, § 4608; 1941, No. 83 , § 1; 1937, No. 97 , § 2; P.L. § 4608; 1929, No. 105 , § 2; 1929, No. 106 ; 1923, No. 103 , § 1; G.L. § 5727; 1915, No. 168 , § 4; 1912, No. 181 , § 3; P.S. § 4958; 1906, No. 138 , § 5 and amended by 1961, No. 3 , § 3; 1961, No. 268 , § 1. The subject matter is now covered by § 2881 of this title.

Former § 1966, relating to appointment of secretary of state for service of process, was derived from V.S. 1947, § 4609; P.L. § 4609; G.L. § 5729; 1917, No. 254 , § 5592; 1915, No. 59 , § 4; 1908, No. 117 , § 9; P.S. § 4960; 1906, No. 138 , § 7. The subject matter is now covered by § 2673 of this title.

Former § 1967, relating to annual reports, was derived from V.S. 1947, § 4670; P.L. § 7763; G.L. § 5938; 1917, No. 185 ; 1910, No. 166 , §§ 3, 4. The subject matter is now covered by § 2674 of this title.

Former § 1968, relating to payments to patrons for products delivered or furnished, was derived from V.S. 1947, § 4610; 1947, No. 202 , § 4557; 1941, No. 83 , § 2; P.L. § 4610; G.L. § 5730; 1915, No. 168 , § 5; 1912, No. 181 , § 4.

Former § 1969, relating to monthly statements to patrons, was derived from V.S. 1947, §§ 4611-4613; 1947, No. 202 , §§ 4558-4560; P.L. §§ 7757-7759; G.L. §§ 5935, 5936, 5939; 1917, No. 183 , § 1; 1917, No. 254 , §§ 5797, 5800; 1910, No. 167 ; P.S. §§ 4950, 4953; R. 1906, § 4855; 1904, No. 111 , §§ 1, 3, 4; 1902, No. 81 , § 1; 1898, No. 82 , §§ 1, 6. The subject matter is now covered by § 2815 of this title.

Former § 1970, relating to creation and priority of patrons' liens, was derived from V.S. 1947, § 4614; P.L. § 4612; G.L. § 5732; 1915, No. 168 , § 5 and amended by 1961, No. 135 , § 1. The subject matter is now covered by § 2901 of this title.

Former § 1970a, relating to recording of patrons' liens, was added by 1961, No. 135 , § 2. The subject matter is now covered by § 2902 of this title.

Former § 1970b, relating to actions to enforce patrons' liens, was added by 1961, No. 135 , § 3. The subject matter is now covered by § 2904 of this title.

Former § 1970c, relating to foreclosure of patrons' liens, was added by 1961, No. 135 , § 4. The subject matter is now covered by § 2905 of this title.

Former § 1970d, relating to expiration of patrons' liens, was added by 1961, No. 135 , § 5.

Former § 1971, relating to nonpayment of amounts due patrons and forfeiture of bonds, was derived from V.S. 1947, § 4615; 1947, No. 202 , § 4562; P.L. § 4613; G.L. § 5733; 1915, No. 168 , § 6; 1912, No. 181 , § 5. The subject matter is now covered by § 2883 of this title.

Former § 1972, relating to commissioner as trustee of bonds, was derived from V.S. 1947, § 4616; 1947, No. 202 , § 4563; P.L. § 4614; G.L. § 5734; 1915, No. 168 , § 7; 1912, No. 181 , § 6.

Former § 1973, relating to proceedings for recovery on bonds, was derived from V.S. 1947, § 4617; 1947, No. 202 , § 4564; P.L. § 4615; G.L. § 5735; 1915, No. 168 , § 7; 1912, No. 181 , § 6. The subject matter is now covered by § 2884 of this title.

Former § 1974, relating to exemption from filing bond, was derived from V.S. 1947, § 4618; 1947, No. 202 , § 4565; 1937, No. 97 , § 3; 1935, No. 101 , § 2; P.L. § 4616; 1933, No. 71 , § 1; 1929, No. 105 , § 3; 1929, No. 106 ; 1923, No. 104 ; G.L. § 5736; 1915, No. 168 , § 9. The subject matter is now covered by § 2882 of this title.

Former § 1975, relating to penalties and jurisdiction of prosecutions, was derived from V.S. 1947, § 4619; 1947, No. 202 , § 4566; 1937, No. 98 , § 2; P.L. § 4617; G.L. § 5738; P.S. 4961; 1906, No. 138 , § 8.

Subchapter 2. Inspection and Licensing of Dairies

§§ 2011-2018. Repealed. 1965, No. 175, § 76.

History

Former §§ 2011-2018. Former § 2011, relating to license requirements, was derived from 1955, No. 90 , § 1; V.S. 1947, § 4620; 1939, No. 209 , § 1.

Former § 2012, relating to exemptions from license requirements, was derived from V.S. 1947, § 4621; 1941, No. 176 , § 1; 1939, No. 209 , § 2. The subject matter is now covered by § 2723 of this title.

Former § 2013, relating to application forms and notice of new sources of supply, was derived from V.S. 1947, § 4622; 1939, No. 209 , § 3.

Former § 2014, relating to inspection, was derived from V.S. 1947, § 4623; 1947, No. 202 , § 4570; 1939, No. 209 , § 4. The subject matter is now covered by § 2741 of this title.

Former § 2015, relating to regulations, was derived from 1957, No. 90 , § 2; V.S. 1947, § 4624; 1939, No. 209 , § 5. The subject matter is now covered by § 2701 of this title.

Former § 2016, relating to license fees, was derived from V.S. 1947, § 4625; 1939, No. 209 , § 6.

Former § 2017, relating to municipal licenses, was derived from V.S. 1947, § 4626; 1947, No. 202 , § 4573; 1941, No. 176 , § 2; 1939, No. 209 , § 7. The subject matter is now covered by § 2727 of this title.

Former § 2018, relating to penalties, was derived from V.S. 1947, § 4626; 1947, No. 202 , § 4573; 1941, No. 176 , § 2; 1939, No. 209 , § 7.

Subchapter 3. Milk Tickets

§ 2051. Repealed. 1965, No. 175, § 76.

History

Former § 2051. Former § 2051, relating to milk tickets used by retail dealers, was derived from V.S. 1947, § 4647; 1947, No. 202 , § 4594; P.L. § 7738; G.L. § 5924; P.S. § 4943; R. 1906, § 4845; 1900, No. 66 , § 1.

Subchapter 4. Miscellaneous Provisions

§ 2061. Repealed. 1965, No. 175, § 76.

History

Former § 2061. Former § 2061, relating to title to milk in tank trucks, was derived from 1959, No. 94 . The subject matter is now covered by § 2676 of this title.

CHAPTER 141. NORTHEAST INTERSTATE COMPACT FOR DAIRY PRICING

Article 1. STATEMENT OF PURPOSE, FINDINGS AND DECLARATION OF POLICY.

Article 2. Definitions and Rules of Construction.

Article 3. Commission Established.

Article 4. Powers of the Commission.

Article 5. Rulemaking Procedure.

Article 6. Enforcement.

Article 7. Finance.

Article 8. Entry into Force; Additional Members and Withdrawal.

History

Prior law. Former chapter 141, comprising §§ 2101-2122 and relating to the Northeast Interstate Compact for Dairy Pricing, was derived from 1989, No. 95 ; No. 86, § 1, amended by 1989, No. 256 (Adj. Sess.), § 10(a), and repealed by 1993, No. 57 , § 2, eff. June 3, 1993.

Subchapter 1. Northeast Interstate Compact for Dairy Pricing

ARTICLE 1. Statement of Purpose, Findings and Declaration of Policy

§ 1801. Statement of purpose, findings, and declaration of policy.

  1. The purpose of this compact is to recognize by constitutional prerequisite the interstate character of the northeast dairy industry and to form an Interstate Commission for the northeast region. The mission of the Commission is to take such steps as are necessary to assure the continued viability of dairy farming in the northeast, and to assure consumers of an adequate, local supply of pure and wholesome milk.
  2. The participating states find and declare that the dairy industry is the paramount agricultural activity of the northeast. Dairy farms, and associated suppliers, marketers, processors, and retailers, are an integral component of the region's economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region.
  3. The participating states further find that dairy farms are essential to the region's rural communities and character. The farms preserve open spaces, sculpt the landscape, and provide the land base for a diversity of recreational pursuits. In defining the rural character of our communities and landscape, dairy farms also provide a major draw for our tourist industries.
  4. By entering into this compact, the participating states affirm that their ability to regulate the price which northeast dairy farmers receive for their product is essential to the public interest.
  5. Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the northeast dairy industry, with all the associated benefits.
  6. Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the northeast dairy region. Historically, individual state regulatory action has been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices for dairy products, without preempting the power of states to regulate milk prices above the minimum levels so established. Based on this authority, each state in the region has individually attempted to implement at least one regulatory program in response to the current dairy industry crisis.
  7. In today's regional dairy marketplace, cooperative rather than individual state action may address more effectively the market disarray. Under our constitutional system, properly authorized, states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution.
  8. In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle.
  9. Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the Interstate Commission is authorized to regulate the marketplace in replacement of the order system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in discontinuance of the order system.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

History

Reference in text. The Agricultural Marketing Agreement Act of 1937, referred to in the fifth paragraph, is codified as 7 U.S.C. §§ 601, 602, 608a, 608c, 608e-1, 610, 612, 624, 671-674.

ARTICLE 2. Definitions and Rules of Construction

§ 1802. Definitions.

For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:

  1. "Commission" means the Commission established by this compact.
  2. "Compact" means this Interstate Compact.
  3. "Region" means the territorial limits of the states which are or become parties to this compact.
  4. "Participating state" means a state which has become a party to this compact by the enactment of concurring legislation.
  5. "Regulated area" means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order.
  6. "Pool plant" means any milk plant located in a regulated area.
  7. "Partially regulated plant" means a milk plant not located in a regulated area but having Class I distribution within such area, or receipts from producers located in such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein.
  8. "Compact over-order price" means a minimum price required to be paid to producers for Class I milk established by the Commission in regulations adopted pursuant to sections 1810 and 1811 of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the Commission.
  9. "Commission marketing order" means regulations adopted by the Commission pursuant to sections 1810 and 1811 of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the Commission. Such order may establish minimum prices for any or all classes of milk.
  10. "Milk" means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the Commission for regulatory purposes.
  11. "Class I milk" means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subsection (b) of section 1803 of this compact.
  12. "State dairy regulation" means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order or otherwise.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1803. Rules of construction.

  1. This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the Commission the option to replace them with one or more commission marketing orders pursuant to this compact.
  2. This compact shall be construed liberally in order to achieve the purposes and intent enunciated in section 1801 of this compact. It is the intent of this compact to establish a basic structure by which the Commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the Commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the Commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

ARTICLE 3. Commission Established

§ 1804. Commission established.

There is hereby created a Commission to administer the compact, composed of delegations from each state in the region. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state. Delegation members shall serve no more than three consecutive terms with no single term of more than four years, and be subject to removal for cause. In all other respects, members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the Commission. Each state delegation shall be entitled to one vote in the conduct of the Commission's affairs.

Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1805. Voting requirements.

All actions taken by the Commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment, or rescission of the Commission's bylaws, shall be by majority vote of the delegations present. Establishment or termination of an over-order price or commission marketing order shall require at least two-thirds vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the Commission's business.

Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1806. Administration and management.

  1. The Commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The Commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the Commission, and, together with the treasurer, shall be bonded in an amount determined by the Commission. The Commission may establish through its bylaws an executive committee composed of one member elected by each delegation.
  2. The Commission shall adopt bylaws for the conduct of its business by a two-thirds vote, and shall have the power by the same vote to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form with the appropriate agency or officer in each of the participating states. The bylaws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.
  3. The Commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.
  4. In addition to the powers and duties elsewhere prescribed in this compact, the Commission shall have the power:
    1. to sue and be sued in any state or federal court;
    2. to have a seal and alter the same at pleasure;
    3. to acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;
    4. to borrow money and to issue notes, to provide for the rights of the holders thereof, and to pledge the revenue of the Commission as security therefor, subject to the provisions of section 1818 of this compact;
    5. to appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications; and
    6. to create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The Commission may also retain personal services on a contract basis.

      Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1807. Rulemaking power.

In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the Commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact.

Added 1993, No. 57 , § 1, eff. June 3, 1993.

Cross References

Cross references. Adoption of rules relative to reporting and recordkeeping, see § 1815 of this title.

Rulemaking procedure, see § 1811 et seq. of this title.

Termination of regulations establishing over-order or Commission marketing order, see § 1814 of this title.

ARTICLE 4. Powers of the Commission

§ 1808. Powers to promote regulatory uniformity, simplicity, and interstate cooperation.

The Commission is hereby empowered to:

  1. Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, and to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.
  2. Prepare and transmit to the participating states model dairy laws and regulations dealing with the inspection of farms and plants, sanitary codes, labels for dairy products and their imitations, standards for dairy products, license standards, producer security programs, and fair trade laws.
  3. Study and recommend to the participating states joint or cooperative programs for the administration of the dairy laws and regulations and prepare estimates of cost savings and benefits of such programs.
  4. Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposiums or conferences designed to improve industry relations, or a better understanding of problems.
  5. Prepare and release periodic reports on activities and results of the Commission's efforts to the participating states.
  6. Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk.
  7. Investigate costs and charges for producing, hauling, handling, processing, distributing, selling and for all other services performed with respect to milk.
  8. Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1809. Equitable farm prices.

  1. The powers granted in this section and section 1810 shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the Commission to establish one or more Commission marketing orders, as herein provided, in the region or parts thereof as defined in the order.
  2. A compact over-order price established pursuant to this section shall apply only to Class I milk. Such over-order price shall not exceed $1.50 per gallon. Beginning in 1990, and using that year as a base, the foregoing $1.50 per gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the U.S. Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Commission may prescribe in regulations.
  3. A Commission marketing order shall apply to all classes and uses of milk.
  4. The Commission is hereby empowered to establish the minimum price for milk to be paid by pool plants, partially regulated plants and all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more Commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this compact. Producer-handlers, as defined in an applicable federal market order, shall not be subject to a compact over-order price. The Commission shall provide for similar treatment of producer-handlers under Commission marketing orders.
  5. In determining the price, the Commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including the price of feed, the cost of labor including the reasonable value of the producer's own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public, and the price necessary to yield a reasonable return to the producer and distributor.
  6. When establishing a compact over-order price, the Commission shall take such action as necessary and feasible to ensure that the over-order price does not create an incentive for producers to generate additional supplies of milk.
  7. The Commission shall, whenever possible, enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The Commission may reimburse other agencies for the reasonable cost of providing these services.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

History

2017. In subsec. (e), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

§ 1810. Optional provisions for pricing order.

Regulations establishing a compact over-order price or a Commission marketing order may contain, but shall not be limited to, any of the following:

  1. Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program.
  2. With respect to a Commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the Commission, or a single minimum price for milk purchased from producers or associations of producers.
  3. With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk.
  4. Provisions for establishing either an over-order price or a Commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials, and for competitive credits with respect to regulated handlers who market outside the regulated area.
  5. Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them.
    1. With respect to regulations establishing a compact over-order price, the Commission may establish one equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area.
    2. With respect to any Commission marketing order, as defined in section 1802 of this compact, subdivision (9), which replaces one or more terminated federal orders or state dairy regulation, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area.
  6. Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or Commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or Commission marketing order.
  7. Provisions specially governing the pricing and pooling of milk handled by partially regulated plants.
  8. Provisions requiring that the account of any person regulated under a compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area.
  9. Provisions requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to Article VII, subsection 1818(a) of this chapter.
  10. Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966.
  11. Other provisions and requirements as the Commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

History

Reference in text. The United States Child Nutrition Act of 1966, referred to in subdiv. (10), is codified as 42 U.S.C. § 1771 et seq. For provisions relating to the Women, Infants and Children Special Supplemental Food Program, see 42 U.S.C. § 1786.

ARTICLE 5. Rulemaking Procedure

§ 1811. Rulemaking procedure.

Before promulgation of any regulations establishing a compact over-order price or Commission marketing order, including any provision with respect to milk supply under subsection 1809(f), or amendment thereof, as provided in Article IV, the Commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by section four of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553). In addition, the Commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a Commission marketing order and thereafter before any amendment with regard to prices or assessments, the Commission shall hold a public hearing. The Commission may commence a rulemaking proceeding on its own initiative or may, in its sole discretion, act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state, or federal officials.

Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1812. Findings and referendum.

In addition to the concise general statement of basis and purpose required by section 4(b) of the federal Administrative Procedure Act, as amended ( 5 U.S.C. § 553(c)) the Commission shall make findings of fact with respect to:

  1. Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV.
  2. What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes.
  3. Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order.
  4. Whether the terms of the proposed regional order or amendment are approved by producers as provided in section 1813 of this compact.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1813. Producer referendum.

  1. For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a Commission marketing order, including any provision with respect to milk supply under subsection 1809(f) of this title, is approved by producers, the Commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the Commission. The terms and conditions of the proposed order or amendment shall be described by the Commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto.
  2. An order or amendment shall be deemed approved by producers if the Commission determines that it is approved by at least two-thirds of the voting producers who, during a representative period determined by the Commission, have been engaged in the production of milk, the price of which would be regulated under the proposed order or amendment.
  3. For purposes of any referendum, the Commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) of this subsection and subject to the provisions of subdivisions (2) through (5) of this subsection.
    1. No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either.
    2. Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established, and in the form prescribed, by the Commission.
    3. Any producer may obtain a ballot from the Commission in order to register approval or disapproval of the proposed order.
    4. A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his or her approval or disapproval of the proposed order, shall notify the Commission as to the name of the cooperative of which he or she is a member, and the Commission shall remove such producer's name from the list certified by such cooperative with its corporate vote.
    5. In order to ensure that all milk producers are informed regarding a proposed order, the Commission shall notify all milk producers that an order is being considered and that each producer may register his or her approval or disapproval with the Commission either directly or through his or her cooperative.

      Added 1993, No. 57 , § 1, eff. June 3, 1993.

History

Reference in text. The Capper-Volstead Act, referred to in subsec. (c), is codified as 7 U.S.C. §§ 291, 292.

§ 1814. Termination of over-order price or marketing order.

  1. The Commission shall terminate any regulations establishing an over-order price or Commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.
  2. The Commission shall terminate any regulations establishing an over-order price or a Commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the Commission, have been engaged in the production of milk, the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.
  3. The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by section four of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553).

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

ARTICLE 6. Enforcement

§ 1815. Records, reports, access to premises.

  1. The Commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the Commission is authorized to examine the books and records of any regulated person relating to his or her milk business, and for that purpose, the Commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.
  2. Information furnished to or acquired by the Commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the Commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the Commission. The Commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the Commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.
  3. No officer, employee, or agent of the Commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall upon conviction be subject to a fine of not more than $1,000.00 or to imprisonment for not more than one year, or to both, and shall be removed from office. The Commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or U.S. Attorney.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

Cross References

Cross references. Access to public records generally, see 1 V.S.A. § 315 et seq.

Adoption of rules generally, see § 1807 of this title.

§ 1816. Subpoena, hearings, and judicial review.

  1. The Commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.
  2. Any handler subject to an order may file a written petition with the Commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He or she shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Commission. After such hearing, the Commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.
  3. The district courts of the United States in any district in which such handler is an inhabitant, or has his or her principal place of business, are hereby vested with jurisdiction in equity to review such ruling, provided a bill in equity for that purpose is filed within 30 days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Commission by delivering to it a copy of the bill of complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the Commission from obtaining relief pursuant to section 1818 of this compact. Any proceedings brought pursuant to section 1818 (except where brought by way of counterclaim in proceedings instituted pursuant to this section) shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1817. Enforcement with respect to handlers.

  1. Any violation by a handler of the provisions of regulations establishing an over-order price or a Commission marketing order, or other regulations adopted pursuant to this compact shall:
    1. Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.
    2. Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.
  2. With respect to handlers, the Commission shall enforce the provisions of this compact, regulations establishing an over-order price, a Commission marketing order, or other regulations adopted hereunder by:
    1. Commencing an action for legal or equitable relief brought in the name of the Commission in any state or federal court of competent jurisdiction; or
    2. With the agreement of the appropriate state agency of a participating state, by referral to the state agency for enforcement by judicial or administrative remedy.
  3. With respect to handlers, the Commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

ARTICLE 7. Finance

§ 1818. Finance of start-up and regular costs.

  1. To provide for its start-up costs, the Commission may borrow money pursuant to its general power under section 1806 of this compact, subdivision (d)(4). In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the Commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the Commission convenes, in an amount not to exceed one-tenth of one percent of the applicable federal market order blend price per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the Commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the Commission's ongoing operating expenses.
  2. The Commission shall not pledge the credit of any participating state or of the United States. Notes issued by the Commission and all other financial obligations incurred by it, shall be its sole responsibility and no participating state or the United States shall be liable therefor.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1819. Audit and accounts.

  1. The Commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.
  2. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the Commission.
  3. Nothing contained in this article shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.

    Added 1993, No. 57 , § 1, eff. June 3, 1993.

ARTICLE 8. Entry into Force; Additional

Members and Withdrawal

§ 1820. Entry into force; additional members.

The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia, and when the consent of Congress has been obtained. This compact shall also be open to states which are contiguous to any of the named states and open to states which are contiguous to participating states.

Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1821. Withdrawal from compact.

Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the Commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Added 1993, No. 57 , § 1, eff. June 3, 1993.

§ 1822. Severability.

If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact.

Added 1993, No. 57 , § 1, eff. June 3, 1993.

Subchapter 2. Provisions Relating to Northeast Interstate Compact for Dairy Pricing

§ 1823. Secretary: delegation from State of Vermont.

  1. The delegation from the State of Vermont to the Commission established by section 1804 of this title shall consist of five voting members appointed by the Governor, plus the Secretary of Agriculture, Food and Markets who shall be a nonvoting member. Three of the voting members shall be milk producers, one of whom is not a director or officer of any organization which handles or processes dairy products. A fourth voting member shall be a milk handler. The fifth voting member shall be a representative of the public who has resided in the State for at least five years and who has no financial interest in the dairy business other than as a consumer of milk and milk products. Appointed members shall be appointed for staggered three-year terms. Initial appointments may be for less than three-year terms. A delegation member may seek reappointment for two additional terms. The Secretary of Agriculture, Food and Markets shall be a nonvoting member, ex officio. The appointed members shall elect a chair of the Board from among themselves.
  2. The members of the delegation, other than the Secretary of Agriculture, Food and Markets, shall receive per diem compensation and expenses in accordance with 32 V.S.A. § 1010 .
  3. The Agency of Agriculture, Food and Markets shall provide administrative work as directed by the Board.

    Added 1993, No. 57 , § 1, eff. June 3, 1993; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

2005. In subsec. (a), substituted "established" for "stablished" to correct a typographical error.

Revision note - Substituted "section 1804" for "section 2104" in the first sentence of subsec. (a) to correct an error in the reference.

Amendments--2003. Substituted "Agency of Agriculture, Food and Markets" for "Department of Agriculture, Food and Markets" and "Secretary of Agriculture, Food and Markets" for "Commissioner of Agriculture, Food and Markets" wherever it appeared throughout the section.

§ 1824. -2100. [Reserved for future use.].

History

Former §§ 2101-2122. Former § 2101-2122, relating to interstate compact for dairy pricing, was derived from 1989, No. 95 ; 1989, No. 86 , §§ 1, 2; and 1989, No. 256 (Adj. Sess.), § 10(a). For present provisions relating to dairy pricing, see § 1801 et seq. of this title.

§§ 2101-2122. Repealed. 1993, No. 57, § 2, eff. June 3, 1993.

CHAPTER 143. DAIRY PRODUCT STANDARDS AND PURITY

Subchapter 1. Dilution or Adulteration of Milk

§§ 2091-2098. Repealed. 1965, No. 175, § 76.

History

Former §§ 2091-2098. Former § 2091, relating to definitions, was derived from V.S. 1947, § 4627; P.L. § 7713; 1933, No. 157 , § 7320. The subject matter is now covered by § 2672 of this title.

Former § 2092, relating to dilution or adulteration of milk, was derived from 1957, No. 9 , § 1; V.S. 1947, § 4628; 1947, No. 202 , § 4575; P.L. §§ 7714, 7719; G.L. §§ 5907, 5914; 1908, No. 62 ; P.S. §§ 4927, 4934; R. 1906, §§ 4836, 4843; 1902, No. 80 , § 1; 1900, No. 67 , § 1; V.S. §§ 4327, 4976; R.L. § 4165; 1888, No. 108 , § 1; 1874, No. 59 . The subject matter is now covered by § 2801 of this title.

Former § 2093, relating to testing of samples for evidence, was derived from V.S. 1947, § 4629; 1923, No. 108 ; G.L. § 5909; P.S. § 4929; R. 1906, § 4838; V.S. § 4329; 1888, No. 108 , § 2.

Former § 2094, relating to disposition of samples, was derived from V.S. 1947, § 4630; G.L. § 5910; P.S. § 4930; V.S. § 4330; 1888, No. 108 , § 2.

Former § 2095, relating to definition of standard milk, was derived from V.s. 1947, § 4731; 1947, No. 202 , § 4578; P.L. § 7716; 1933, No. 157 , § 7323; G.L. § 5911; 1917, No. 254 , § 5771; P.S. § 4931; R. 1906, § 4840; V.S. § 4840; V.S. § 4331; 1888, No. 108 , § 3.

Former § 2096, relating to marking products with name of maker or distributor, was derived from 1957, No. 31 , §§ 1, 2; V.S. 1947, § 4632; P.L. § 7717; G.L. § 5912; P.S. § 4932; V.S. § 4332; 1892, No. 106 ; 1888, No. 108 , §§ 4, 5. The Subject matter is now covered by § 2811 of this title.

Former § 2097, relating to jurisdiction of offenses arising under §§ 2092-2096, was derived from V.S. 1947, § 4633; P.L. § 7718; G.L. § 5913; P.S. § 4933; V.S. § 4333; 1888, No. 108 , § 6.

Former § 2098, relating to supplying diluted, adulterated or tainted milk, was derived from 1957, No. 9 , § 2; 1957, No. 12 ; V.S. 1947, §§ 4634, 4635; 1943, No. 143 , § 1; P.L. §§ 7720, 7721; 1921, No. 172 ; G.L. § 5915; 1917, No. 254 , § 5775; P.S. § 4935; R. 1906, § 4844; V.S. § 4976; R.L. § 4166; 1870, No. 76 ; 1865, No. 51 .

Subchapter 2. Imitations Semblance of Dairy Products

§§ 2131-2133. Repealed. 1965, No. 175. § 76.

History

Former §§ 2131-2133. Former § 2131, relating to foreign fats prohibited, was derived from 1953, No. 145 , § 1. The subject matter is now covered by § 2802 of this title.

Former § 2132, relating to penalty for violation of § 2131 of this title, was derived from 1953, No. 145 .

Former § 2133, relating to enforcement of §§ 2131 and 2132 of this title, was derived from V.S. 1947, § 4642; P.L. § 7726; 1925, No. 104 , § 2.

Subchapter 3. Misuse of Milk Receptacles

§§ 2171-2173. Repealed. 1965, No. 175, § 76.

History

Former §§ 2171-2173. Former §§ 2171-2173, relating to misuse of milk receptacles, were derived from V.S. 1947, §§ 4643-4646; P.L. §§ 7727-7730; G.L. §§ 5917-5920; 1906, No. 137 , §§ 1-4.

Subchapter 4. Testing Procedure

§§ 2211-2218. Repealed. 1965, No. 175, § 76.

History

Former §§ 2211-2218. Former § 2211, relating to testing of utensils used to test milk or cream, was derived from 1957, No. 1 ; V.S. 1947, § 4648; 1947, No. 202 , § 4595; P.L. § 7739; G.L. § 5925; P.S. § 4940; 1898, No. 81 , § 1. The subject matter is now covered by § 2813 of this title.

Former § 2212, relating to certification of persons performing tests, was derived from V.S. 1947, § 4649; 1947, No. 202 , § 4596; 1935, No. 189 , § 1; P.L. § 7740; 1927, No. 103 , § 1; 1919, No. 163 , § 1; G.L. § 5926; P.S. § 4941; 1898, No. 81 , § 2. The subject matter is now covered by § 2724 of this title.

Former § 2213, relating to weight slips, was derived from 1957, No. 11 ; V.S. 1947, § 4650; 1936, No. 189 , § 2. The subject matter is now covered by § 2815 of this title.

Former § 2214, relating to testing of samples, was derived from 1957, No. 23 ; V.S. 1947, § 46451; P.L. § 7741; 1927, No. 103 , § 2.

Former § 2215, relating to records of tests, was derived from V.S. 1947, No. 202 , § 4599; P.L. § 7742; 1927, No. 103 , § 3.

Former § 2216, relating to statements showing results of tests and approval of grades, was derived from V.S. 1947, § 46533; 1947, No. 202 , § 4600; P.L. § 7743; 1927, No. 103 , § 4.

Former 2217, relating to penalties for violations for §§ 2211 and 2212 of this title, was derived from V.S. 1947, § 4654; P.L. § 7744; 1933, No. 157 , § 7351; G.L. § 5927; P.S. § 4942; 1898, No. 81 , § 3.

Former 2218, relating to prosecutions, was derived from V.S. 1947, § 4655; P.L. § 7745; 1933, No. 157 , § 7352; G.L. § 5927; P.S. § 4942; 1898, No. 81 , § 3.

Subchapter 5. Testing of Milk and Cream

§§ 2251-2264. Repealed. 1965, No. 175, § 76.

History

Former §§ 2251-2264. Former § 2251, relating to tests of samples by the commissioner, was derived from 1957, No. 17 ; V.S. 1947, § 4672; P.L. § 7765; G.L. § 5941; 1915, No. 167 , § 1. The subject matter is now covered by § 2814 of this title.

Former § 2252, relating to access of creamery records of tests, was derived from V.S. 1947, § 5673; G.L. § 7766; G.L. § 5941; 1915, No. 167 , § 1.

Former § 2253, relating to results of test, was derived from V.S. 1947, § 4674; P.L. § 7767; G.L. § 5941; 1915, No. 167 , § 1. The subject matter is now covered by § 2816 of this title.

Former § 2254, relating to subsamples for further testing at the experiment station, was derived from V.S. 1947, § 4675; P.L. § 7768; G.L. § 5941; 1915, No. 167 , § 1.

Former § 2255, relating to carriage charge for tests of subsamples, was derived from V.S. 1947, § 4676; 1947, No. 202 , § 4623; P.L. § 7769; G.L. § 5941; 1915, No. 167 , No. 167, § 1.

Former § 2256, relating to disposition of fees received as carriage charges, was derived from V.S. 1947, § 4677; P.L. § 7770; 1933, No. 157 , § 7377; G.L. § 5941; 1915, No. 167 , § 1.

Former § 2257, relating to reports of the experiment station, was derived from V.S. 1947, § 4679; P.L. § 7772; G.L. § 5941; 1915, No. 167 , § 1.

Former § 2258, relating to samples received in poor condition, was derived from V.S. 1947, § 4679; P.L. § 7772; G.L. § 5941; 1915, No. 167 , § 1.

Former § 2259, relating to inspection of testing apparatus and materials, was derived from V.S. 1947, § 4680; P.L. § 7773; 1919, No. 163 , § 2; G.L. § 5942; 1915, No. 167 , § 2.

Former § 2260, relating to regulations, was derived from V.S. 1947, § 4681; P.L. § 7774; 1919, No. 163 , § 2; G.L. § 5942; 1915, No. 167 , § 2. The subject matter is now covered by § 2701 of this title.

Former § 2261, relating to retention of records of tests, was derived from V.S. 1947, § 4682; P.L. § 7775; 1933, No. 157 , § 7382; 1923, No. 110 ; G.L. § 5943; 1915, No. 167 , § 3. The subject matter is now covered by § 2815 of this title.

Former § 2262, relating to contents of records of tests, was derived from V.S. 1947, § 4683; P.L. § 7776; 1923, No. 110 ; G.L. § 5943; 1915, No. 167 , § 3. The subject matter is now covered by § 2815 of this title.

Former § 2263, relating to full weight of cream in test bottles, was derived from V.S. 1947, § 4656; P.L. § 7746; G.L. § 5928; 1910, No. 164 , §§ 1, 2.

Former § 2264, relating to penalties, was derived from V.S. 1947, § 4684; P.L. § 7777; 1933, No. 157 § 7384; 1923, No. 110 ; G.L. § 5943; 1915, No. 167 , § 3.

Subchapter 6. Sanitary Conditions at Creameries, Dairies, and Farms

§§ 2301-2303. Repealed. 1965, No. 175, § 76.

History

Former §§ 2301-2303. Former § 2301, relating to inspection of creameries, cheese factories, condensaries and receiving stations, was derived from V.S. 1947, § 4667; P.L. § 7760; G.L. § n 5937; 1917, No. 184 ; 1912, No. 179 ; 1910, No. 166 . The subject matter is now covered by § 2741 of this title.

Former § 2302, relating to inspection of dairies and premises of producers, was derived from V.S. 1947, § 4668; 1935, No. 190 , § 1; P.L. § 7761; G.L. § 5937; 1917, No. 184 ; 1912, No. 179 . The subject matter is now covered by § 2742 of this title.

Former 2303, relating to penalties, was derived from V.S. 1947, § 4669; 1935, No. 190 , § 2; P.L. § 7762; G.L. § 5937; 1917, No. 184 ; 1912, No. 179 ; 1910, No. 166 .

Subchapter 7. Frozen Deserts

§§ 2341 Repealed. 1965. No. 175, § 76.

History

Former § 2341. Former § 2341, relating to minimum standards of strength, quality, purity and identity, was derived from 1953, No. 229 , § 1 and amended by 1961, No. 68 . The subject matter is now covered by § 2853 of this title.

Former §§ 2342-2345. Former § 2341, relating to minimum standards of strength, quality, purity and identity, was derived from 1953, No. 229 , § 1 and amended by 1961, No. 68 . The subject matter is now covered by § 2853 of this title.

§§ 2342-2345. Repealed. 1961, No. 211, § 5, eff. date, see note set out below.

History

Former §§ 2342-2345. Former § 2342, relating to definitions, was derived from 1953, No. 229 , §§ 2, 3 and amended by 1959, No. 262 , § 16. The subject matter is now covered by § 2851 of this title.

Former 2343, relating to conformity to standards, was derived from 1953, No. 229 , § 4. The subject matter is now covered by § 2854 of this title.

Former § 2344, relating to regulations, was derived from 1953, No. 229 , § 5. The subject matter is now covered by § 2852 of this title.

Former 2345, relating to penalties, was derived from 1953, No. 229 , § 6. The subject matter is now covered by § 2678 of this title.

Effective date of repeal. 1961, No. 211 , § 5, provided that the repeal of §§ 2342-2345 would take effect when the commission of agriculture made regulations under § 2348 of this title.

§§ 2346-2349. Repealed. 1965, No. 175, § 76.

History

Former §§ 2346-2349. Former § 2346, relating to definitions, was derived from 1961, No. 211 , § 1. The subject matter is now covered by § 2851 of this title.

Former § 2347, relating to conformity to standards, was derived from 1961, No. 211 , § 2. The subject matter is now covered by § 2854 of this title.

Former § 2348, relating to regulations, was derived from 1961, No. 211 , § 3. The subject matter is now covered by § 2852 of this title.

Former 2349, relating to penalties, was derived from 1961, No. 211 , § 4. The subject matter is now covered by § 2678 of this title.

Subchapter 8. Pasteurization of Skimmed Milk and Whey

§§ 2381-2388. Repealed. 1965, No. 175, § 76.

History

Former §§ 2381-2388. Former 2381, relating to pasteurization of milk or whey, was derived from 1957, No. 4 , § 1; V.S. 1947, § 4764; P.L. § 7787; 1931, No. 122 , § 1.

Former § 2382, relating to definition of pasteurization, was derived from 1957 No. 4, § 2; V.S. 1947, § 4765; P.L. § 7788; 1931, NO. 122, § 2.

Former § 2383, relating to where pasteurization was to be performed, was derived from V.S. 1947, § 4766; P.L. § 7789; 1931, No. 122 , § 2.

Former § 2384, relating to containers, was derived from V.S. 1947, § 4767; P.L. § 7790; 1931, No. 122 , § 3.

Former § 2385, relating to duties of operators, was derived from V.S. 1947, § 4768; P.L. § 7791; 1931, No. 122 , § 4.

Former § 2386, relating to exceptions, was derived from V.S. 1947, § 4770; P.L. § 7793; 1933, No. 139 ; 1931, No. 122 , § 5.

Former § 2387, relating to penalties, was derived from V.S. 1947, § 4769; P.L. § 7792; 1931, No. 122 , § 4.

Former § 2388, relating to enforcement, was derived from V.S. 1947, § 4771; P.L. § 7794; 1933, No. 157 , § 7401; 1931, No. 122 , § 6.

CHAPTER 145. DISCRIMINATION BY PURCHASERS

Sec.

§§ 2441-2444. Repealed. 1965, No. 175, § 76.

History

Former §§ 2441-2444. Former § 2441, relating to unfair discrimination, was derived from V.S. 1947, § 4636; 1943, No. 144 , § 1; 1939, No. 210 ; 1937, No. 98 , § 3; P.L. § 7722; 1929, No. 109 ; G.L. § 5916; 1917, No. 186 and amended by 1959, No. 44 . The subject matter is now covered by § 2751 of this title.

Former § 2442, relating to refusal to purchase, hearings and orders, was derived from 1957, No. 210 ; V.S. 1947, § 4637; 1947, No. 202 , § 4584; 1943, No. 144 , § 2. The subject matter is now covered by § 2752 of this title.

Former § 2443, relating to revocation of licenses, was derived from 1949, No. 108 ; V.S. 1947, § 4638; P.L. § 7723; 1929, No. 109 ; G.L. § 5916; 1917, No. 186 . The subject matter is now covered by § 2705 of this title.

Former § 2444, relating to penalties, was derived from V.S. 1947, § 4639; P.L. § 7723; 1929, No. 109 ; G.L. § 5916; 1917, No. 186 . The subject matter is now covered by § 2678 of this title.

CHAPTER 147. MILK CONTROL BOARD; STATE DAIRY COUNCIL

Subchapter 1. Milk Control Board

§§ 2501-2518. Repealed. 1965, No. 175, § 76.

History

Former §§ 2501-2518. Former § 2501, relating to declaration of policy and purpose, was derived from V.S. 1947, § 4823; 1943, No. 71 , § 1937, No. 99 , § 1. The subject matter is now covered by § 2921 of this title.

Former § 2502, relating to definitions, was derived from 1955, No. 54 , §§ 1, 2; 1953, No. 232 , § 1; V.S. 1947, § 4824; 1939, No. 102 , § 1; 1937, No. 99 , § 2. The subject matter is now covered by § 2672 of this title.

Former § 2503, relating to members and assistants, was derived from V.S. 1947, § 4825; 1947, No. 202 , § 4777; 1945, No. 77 , § 1; 1937, No. 99 , § 3. The subject matter is now covered by § 2922 of this title.

Former § 2504, relating to executive director, was derived from V.S. 1947, § 4838; 1947, No. 80 , § 2.

Former § 2505, relating to powers and duties, was derived from V.S. 1947, § 4826; 1937, No. 99 , § 4. The subject matter is now covered by § 2924 of this title.

Former § 2506, relating to price fixing, was derived from 1955, No. 54 , § 3; V.S. 1947, § 4827; 1947, No. 202 , § 4779; 1943, No. 71 , § 2; 1937, No. 99 , § 5. The subject matter is now covered by § 2925 of this title.

Former § 2507, relating to classes and grades, was derived from V.S. 1947, § 4828; 1937, No. 99 , § 6. The subject matter is now covered by § 2926 of this title.

Former § 2508, relating to interstate conferences and compacts, was derived from V.S. 1947, § 4837; 1947, No. 80 , § 1; 1937, No. 99 , § 12. The subject matter is now covered by § 2927 of this title.

Former § 2509, relating to distributor's license requirement, was derived from 1953, No. 232 , § 7; V.S. 1947, § 4832; 1937, No. 99 , § 7. The subject matter is now covered by § 2725 of this title.

Former § 2510, relating to issuance of distributor's license, fees and milk sold in state, was derived from 1953, No. 232 , § 2; 1951, No. 107 ; V.S. 1947, § 4829; 1947, No. 202 , § 4781; 1937, No. 99 , § 7. The subject matter is now covered by § 2726 of this title.

Former § 2511, relating to refusal, suspension and revocation of distributor's license, was derived from V.S. 1947, § 4830; 1937, No. 99 , § 7. The subject matter is now covered by § 2930 of this title.

Former § 2512, relating to notice and hearing on licenses, was derived from V.S. 1947, § 4831; 1937, No. 99 , § 7. The subject matter is now covered by § 2928 of this title.

Former § 2513, relating to records and reports of distributors, was derived from V.S. 1947, § 4833; 1937, No. 99 , § 8. The subject matter is now covered by § 2675 of this title.

Former § 2514, relating to orders, hearings and regulations, was derived from V.S. 1947, § 4834; 1937, No. 99 , § 9. The subject matter is now covered by § 2929 of this title.

Former § 2515, relating to rehearing of orders and decisions, was derived from V.S. 1947, §§ 4839, 4840; 1937, No. 99 , §§ 13, 14. The subject matter is now covered by § 2931 of this title.

Former § 2516, relating to determination on motion for rehearing, was derived from V.S. 1947, § 4841; 1937, No. 99 , § 15. The subject matter is now covered by § 2932 of this title.

Former § 2517, relating to appeal to Supreme Court, was derived from V.S. 1947, § 4842; 1947, No. 202 , § 4793; 1937, No. 99 , § 16. The subject matter is now covered by § 2933 of this title.

Former § 2518, relating to penalties, was derived from V.S. 1947, § 4836; 1937, No. 99 , § 11. The subject matter is now covered by § 2678 of this title.

Subchapter 2. State Dairy Council

§§ 2551, 2552. Repealed. 1965, No. 175, § 76.

History

Former §§ 2551, 2552. Former § 2551, relating to establishment of the state dairy council, was derived from 1953, No. 232 , § 5 and amended by 1959, No. 329 (Adj. Sess.), § 11(a); 1963, No. 193 , § 32. The subject matter is now covered by § 2941 of this title.

Former § 2552, relating to contracts for promoting consumption of dairy products and acceptance of contributions, was derived from 1953, No. 232 , § 6 and amended by 1959, No. 329 (Adj. Sess.), § 11(a). The subject matter is now covered by § 2942 of this title.

Subchapter 3. Funds for Milk Control Board and State Dairy Council

§§ 2591, 2592. Repealed. 1965, No. 175, § 76.

History

Former §§ 2591, 2592. Former § 2591, relating to revenues pledged for purposes of the chapter, was derived from 1953, No. 232 , § 3; V.S. 1947, § 4835; 1937, No. 99 , § 10 and amended by 1959, No. 329 (Adj. Sess.), § 11(a). The subject matter is now covered by § 2951 of this title.

Former § 2592, relating to appropriations and cooperation with the Vermont development board, was derived from 1953, No. 232 , § 4 and amended by 1959, No. 329 (Adj. Sess.), §§ 11(a), 18(a).

CHAPTER 149. VERMONT DAIRY INDUSTRY COUNCIL

Sec.

§§ 2651-2663. Repealed. 1965, No. 175, § 76.

History

Former §§ 2651-2663. Former § 2651, relating to definitions, was derived from 1953, No. 249 , § 1 and amended by 1959, No. 329 (Adj. Sess.), § 11(b).

Former § 2652, relating to creation of the council, was derived from 1953, No. 249 , § 2 and amended by 1959, No. 329 (Adj. Sess.), § 11(b); 1963, No. 193 , § 33. The subject matter is now covered by § 2971 of this title.

Former § 2653, relating to powers and duties, was derived from 1953, No. 249 , § 3 and amended by 1959, No. 329 (Adj. Sess.), § 11(b). The subject matter is now covered by § 2972 of this title.

Former § 2654, relating to advisory council, was derived from 1953, No. 249 , § 4 and amended by 1959, No. 329 (Adj. Sess.), § 11(b). The subject matter is now covered by § 2973 of this title.

Former § 2655, relating to rate and collection of producer tax, was derived from 1953, No. 249 , § 5. The subject matter is now covered by § 2981 of this title.

Former § 2656, relating to milk consumed in state and subject to other taxes, was derived from 1953, No. 249 , § 14. The subject matter is now covered by § 2982 of this title.

Former § 2657, relating to tax withholding agreements as conditions for licenses and definitions, was derived from 1953, No. 249 , § 6. The subject matter is now covered by §§ 2672 and 2983 of this title.

Former § 2658, relating to milk received by more than one dealer, was derived from 1953, No. 249 , § 8. The subject matter is now covered by § 2984 of this title.

Former § 2659, relating to transactions outside Vermont, was derived from 1953, No. 249 , § 7. The subject matter is now covered by § 2985 of this title.

Former § 2660, relating to payment of tax and reports, was derived from 1953, No. 249 , § 9. The subject matter is now covered by § 2986 of this title.

Former § 2661, relating to suspension or revocation of dealer's license, was derived from 1953, No. 249 , § 10.

Former § 2662, relating to use of dairy industry fund, was derived from 1953, No. 149 , § 11 and amended by 1959, No. 329 (Adj. Sess.), § 11(b). The subject matter is now covered by § 2987 of this title.

Former § 2663, relating to penalties, was derived from 1953, No. 249 , § 13 and amended by 1959, No. 262 , § 37. The subject matter is now covered by § 2678 of this title.

CHAPTER 151. SUPERVISION, INSPECTION, AND LICENSING OF DAIRY OPERATIONS

Article 1. Licenses.

Article 2. Inspections and Enforcement.

Cross References

Cross references. Bulk milk tanks, see 9 V.S.A. § 2692.

Serving milk to public, see 18 V.S.A. § 4391 et seq.

Subchapter 1. General Provisions

§ 2671. Purpose.

  1. It is the policy of the State of Vermont to protect and promote the public interest by:
    1. Insuring the citizens of this State and the general public an adequate supply of pure fresh milk and other dairy products of constantly improving quality.
    2. Establishing such appropriate dairy laws, regulations, and administrative procedures, as will protect the public health and welfare.
    3. Improving the economy of the State and the welfare of dairy farmers and milk handlers by improving the competitive position of the dairy industry and increasing the consumption of milk and other dairy products.
    4. Securing uniformity in dairy standards, labeling, and sanitary procedures, and developing milk markets by cooperating and coordinating with the appropriate dairy agencies of other states and the federal government to the extent consistent with the interest of the State of Vermont.
  2. It is essential, in order to assure the continued production of milk and its handling and distribution, that prices to producers be such as to return reasonable cost of production and at the same time assure an adequate supply of milk and dairy products to consumers at reasonable prices; and to these ends it is essential that consumers and others be adequately informed as to the dietary needs and advantages of milk and dairy products and as to the economics resulting from the use of milk and dairy products, and to command for milk and dairy products consumer attention and demand consistent with their importance and value.  It is further declared that continued decline in the consumption of fluid milk and some other dairy products will jeopardize the production of adequate supplies of milk and dairy products because of increasing surpluses necessarily returning less to producers; and that continued adequate supplies of milk and dairy products is a matter of vital concern as affecting the health and general welfare of the people of this State.  It is therefore declared to be the legislative intent and policy of the State:
    1. to enable milk producers and others in the dairy industry, with the aid of the State, to more effectively promote the consumption of milk and dairy products;
    2. to provide methods and means for the development of new and improved dairy products, and to promote their use; and
    3. to this end, to eliminate the possible impairment of the purchasing power of the milk producers of this State and to assure an adequate supply of milk for consumers at reasonable prices.

      1965, No. 175 , § 1; amended 1979, No. 101 (Adj. Sess.), § 8; 1981, No. 198 (Adj. Sess.), § 8, eff. April 22, 1982.

History

Amendments--1981 (Adj. Sess.). Subdiv. (5): Reenacted without change.

Amendments--1979 (Adj. Sess.). Subdiv. (5): Added.

Severability-- 1981, No. 198 (Adj. Sess.). 1981, No. 198 (Adj. Sess.), § 11, eff. April 22, 1982, provided: "If a part of this act [which reenacted subdivision (5) of this section, reenacted sections 2952, 2981, 2982, 2986, 2989, amended sections 2726, 2881, 2941, 2971, 2988, and repealed section 2973 of this title] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications."

1979, No. 101 (Adj. Sess.). 1979, No. 101 (Adj. Sess.), § 11, provided: "If a part of this act (which amended this section and sections 2726, 2941, 2952, 2971, 2981, 2982, 2986, added sections 2988 and 2989, and repealed section 2973 of this title) is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications."

§ 2672. Definitions.

As used in this chapter, the following terms have the following meanings:

  1. "Secretary" means Secretary of Agriculture, Food and Markets or his or her authorized agent.
  2. "Milk producer" or "producer" is a person, partnership, unincorporated association, or corporation who owns or controls one or more cows, dairy goats, dairy sheep, or water buffalo and sells or offers for sale a part or all of the milk produced by the animals.
  3. "Dairy farm" is any place or premise where one or more cows, dairy goats, dairy sheep, or water buffalo are kept and where a part or all of the milk from the animals is sold or offered for sale.
  4. "Milk plant" is any place, premise, or establishment where milk or dairy products are collected, assembled, handled, processed, stored, pasteurized, packaged, or prepared for distribution.
  5. "Milk handler" or "handler" is a person, firm, unincorporated association, or corporation engaged in the business of buying, selling, assembling, packaging, or processing milk or other dairy products, for sale within or without the State of Vermont. "Milk handler" or "handler" shall not mean a milk producer.
  6. "Milk handler license" is a license issued by the Secretary which authorizes the licensee to carry on the business of a milk handler.
  7. "Milk," unless preceded or succeeded by an explanatory term, means the pure lacteal secretion of dairy cattle. Milk from other dairy livestock listed in this subdivision shall be preceded by the common name for the type of livestock that produced the milk. Such milk may be standardized by the addition of pure, fresh skim milk or cream as defined by regulation.
    1. "Cows' milk" is the colostrum-free, pure, lacteal product of healthy cattle which contains not less than 11.50 percent of total milk solids (to which nothing has been added or taken away). Cows' milk sold in retail packages shall contain not less than 3.25 percent milk fat, and not less than 8.25 percent nonfat milk solids.
    2. "Goats' milk" is the colostrum-free, pure, lacteal product of healthy goats which contains not less than 10 percent of total milk solids (to which nothing has been added or taken away). Goats' milk sold in retail packages shall contain not less than 2.5 percent milk fat and not less than 7.5 percent nonfat milk solids.
    3. "Sheep's milk" is the colostrum-free, pure, lacteal product of healthy sheep which contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).
    4. "Water buffalo's milk" is the colostrum-free, pure, lacteal product of healthy water buffalo which contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).
  8. "Retail package of dairy product" is a package to be sold to a consumer.
  9. "Dairy product" is milk, or a product derived therefrom, which conforms to the appropriate legal standard or definition for the specific product as defined in this part and regulations made under this part.
  10. "Fluid dairy products" are milk and fluid dairy products derived from milk, including cultured products, as defined by regulations adopted by federal entities and published in the Code of Federal Regulations.
  11. "Licensed technician" is a person who has demonstrated by appropriate tests, to the satisfaction of the Secretary, that he or she has the skill, experience, ability, and integrity to perform tests that are used as a basis for payment or acceptance of dairy products, and who holds one or more licenses issued by the Secretary authorizing the person to carry on one or more of these activities.
  12. "Approved dairy laboratory" is any place or premise which has been inspected and approved by the Secretary, or, those premises outside Vermont approved and listed by the National Conference on Interstate Milk Shipments in accordance with the most recent evaluation of milk laboratories as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, where tests are made on milk or dairy products to determine the quality or acceptance of the products. The laboratory shall meet recommendations as set forth in the latest edition of APHA "standard methods for the examination of dairy products." The Secretary may terminate approval for cause.
  13. "Adulteration" means an adulterated dairy product containing noxious, unwholesome, or deleterious material, preservative, drugs, or chemical in a quantity injurious to health; or which does not conform to the definition of the product; or which is not produced, processed, or distributed according to the provisions of this part.
  14. "Commission" means the Vermont Milk Commission as constituted in section 2922 of this title.
  15. "Charitable use" means the distribution of milk among poor and needy persons without charge or compensation therefor.
  16. "Distributor" means any person who sells milk to consumers within the State, except those who sell milk for consumption on the premises.
  17. "Market" means any area designated by the Board as a natural marketing area.
  18. "School lunch milk" means milk sold, offered for sale or distribution at school buildings, grounds, or other places used for school purposes.
  19. "Person" means individuals, corporations, partnerships, trusts, associations, cooperatives, and any and all other business units or entities.
  20. "Additional definitions." The Secretary may (after due notice and public hearing) in accordance with 3 V.S.A. chapter 25, adopt, amend, or rescind definitions of other dairy products, including modified milk, dairy processes, and rules relating to specially trained personnel.
  21. "Drug" or "drugs" mean:
    1. articles recognized in the official U.S. Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or official National Formulary, or its supplement;
    2. articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;
    3. articles (other than food) intended to affect the structure or any function of the body of humans or other animals; and
    4. articles intended for use as a component of any articles specified in subdivision (A), (B), or (C) of this subdivision (21), but not including devices or their components, parts, or accessories.
  22. Definitions and standards of milk products not defined in this section shall be those established by federal agencies and published in the Code of Federal Regulations.
  23. "Vermont fresh milk" means milk consisting entirely of fresh milk produced in Vermont.
  24. "Northeastern fresh milk" means milk consisting entirely of fresh milk produced in Delaware, Maryland, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, or Maine.
  25. "National Conference on Interstate Milk Shipments" means the national nonprofit organization of that same name, or its successor in interest, that deliberates and votes on proposals submitted by individuals from state or local regulatory agencies, the U.S. Food and Drug Administration, the U.S. Department of Agriculture, producers, processors, and consumers who have an interest in the safety of dairy products.

    Added 1965, No. 175 , § 2; amended 1969, No. 73 , § 1, eff. April 18, 1969; 1971, No. 177 (Adj. Sess.), § 1, eff. Jan. 1, 1973; 1979, No. 106 (Adj. Sess.), §§ 1, 2; 1989, No. 14 ; 1991, No. 17 , § 8(a) eff. April 4, 1991; 1991, No. 232 (Adj. Sess.), § 1; 1999, No. 100 (Adj. Sess.), § 2, eff. May 5, 2000; 2001, No. 39 , § 2; 2003, No. 37 , § 5; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 70 (Adj. Sess.), § 65, eff. March 1, 2004; 2007, No. 101 (Adj. Sess.), § 2, eff. April 22, 2008; 2011, No. 39 , § 1, eff. May 19, 2011; 2013, No. 83 , § 7, eff. June 10, 2013; 2015, No. 23 , § 74; 2017, No. 113 (Adj. Sess.), § 26.

History

Revision note. At the end of subdiv. (14), substituted "in section 2922 of this title" for "herein" for purposes of clarity.

2017 Subdiv. (17) references an area designated by a "Board", but no Board is established or authorized under the chapter. The term "Board" in subdiv. (17) may refer to an agricultural board established elsewhere in statute.

Amendments--2017 (Adj. Sess.). Introductory language: Substituted "chapter" for "part" following "in this".

Subdiv. (21)(A): Substituted "United States" for "U.S." and "its supplement" for "supplement thereto" following "Forumlary, or".

Subdiv. (22): Substituted "not defined in this section shall" for "not herein defined shall".

Amendments--2015. Subdiv. (20): Substituted "adopt" for "promulgate" preceding "amend".

Amendments--2013. Subdiv. (7): Substituted "dairy cattle. Milk from other" for "a type of" preceding "dairy" and inserted "shall be preceded by the common name for the type of livestock that produced the milk" following "subdivision".

Subdiv. (10): Amended generally.

Amendments--2011. Amended section generally.

Amendments--2007 (Adj. Sess.). Subdivs. (26), (27): Added.

Amendments--2003 (Adj. Sess.). Subdiv. (19): Deleted "25 quarts or more of" following "person who sells" and deleted "in any one day" following "dairy products" in the first sentence, and deleted the last sentence.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subdiv. (1) and substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Subdivs. (2) and (3): Deleted "or" following "goats" and inserted "or water buffalo" following "dairy sheep".

Subdiv. (7): Designated the subdiv. as (7) and (7)(A), substituted "colostrum-free" for "colostrum free" subdiv. (7)(A); redesignated subdiv. (7a) as (7)(B) and substituted "colostrum-free" for "colostrum free" in that subdiv.; redesignated subdiv. (7b) as (7)(C) and substituted "colostrum-free" for "colostrum free" in that subdiv. and added subdiv. (7)(D).

Amendments--2001. Added subdiv. (25).

Amendments--1999 (Adj. Sess.). Deleted "or" preceding "dairy goats" and inserted "or dairy sheep" thereafter in subdivs. (2) and (3) and added subdiv. (7b).

Amendments--1991 (Adj. Sess.). Subdiv. (16): Inserted "means" following "adulteration" and deleted "antibiotic" following "preservative".

Subdiv. (24): Added.

Amendments--1991. Subdiv. (17): Substituted "'commission"' for "'board"' preceding "means" and "Vermont milk commission" for "milk control board" preceding "as constituted".

Amendments--1989. Subdiv. (7): Substituted "11.50" for "11.75" preceding "percentum" in the first sentence and "3.25" for "3.5" preceding "percent milk fat" in the second sentence.

Amendments--1979 (Adj. Sess.). Subdiv. (7): Amended generally.

Subdiv. (7a): Added.

Amendments--1971 (Adj. Sess.). Subdiv. (19): Deleted "or stores located in areas not regulated by the board" following "premises" in the first sentence.

Amendments--1969. Section amended generally.

ANNOTATIONS

Cited. Eurich v. Coffee-Rich, Inc., 130 Vt. 537, 298 A.2d 846 (1972).

§ 2673. Appointment of Secretary of State for service of process.

Before a license is issued under the provisions of this subchapter, the handler, if a nonresident or a foreign corporation, shall, in writing, appoint the Secretary of State its attorney upon whom service of legal process in any action or proceeding against it may be made with the same validity as if made upon the handler. The provisions of 9 V.S.A. § 4209 and 4210 shall apply to such handler.

1965, No. 175 , § 20.

History

Reference in text. Sections 4209 and 4210 of Title 9, referred to in this section, were repealed by 1993, No. 167 (Adj. Sess.), § 18(a) and (b), respectively.

Editor's note. The words "this subchapter" in the first sentence of this section refer to §§ 2-38 of 1965, No. 170 , which have been distributed throughout this part.

§ 2674. Records and reports - Handlers.

  1. On or before March 1 of each year, all handlers shall send the Secretary a full and accurate report of the amount of business done during the preceding year, together with such other statistical information as the Secretary may require. Failure to file requested information shall be grounds for suspension of license. If the handler purchases milk from a Vermont farm, a cooperative representing a Vermont farm, or a marketing service owned by a cooperative, the handler, in addition to any other information required by the Secretary, shall provide the following information:
    1. the source or sources of milk purchased by the handler, and the monthly quantity purchased for each of the past 12 months;
    2. a sworn balance sheet showing assets and liabilities and a profit and loss statement as of the end of the handler's preceding fiscal year, and such other information regarding its financial condition as the Secretary may require; and
    3. a statement as to when all Vermont producers will be paid in part and in full, provided that payment shall be made as agreed upon but not later than the 25th day of the following month.
  2. A milk handler that is licensed under this chapter and that withdraws more than 57,600 gallons of groundwater per day averaged over any 30-consecutive-day period shall annually report estimated water use to the Secretary of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall share information reported under this section with the Agency of Natural Resources.

    Added 1965, No. 175 , § 21; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 199 (Adj. Sess.), § 7, eff. June 9, 2008; 2013, No. 159 (Adj. Sess.), § 5.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the third sentence, and made a minor stylistic change.

Subdivs. (a)(1)-(a)(3): Added.

Amendments--2007 (Adj. Sess.). Inserted the subsec. (a) designation, and added subsec. (b).

Amendments--2003. Substituted "secretary" for "commissioner".

§ 2675. Distributors.

All distributors in any market specified by the Commission as one in which it is in the public interest to regulate the supply, production, and quality of milk, shall keep such records and make such reports as the Commission may reasonably require. All other distributors shall keep such records and make such reports as the Commission may reasonably require to keep it informed at all times as to the adequacy of such supply, production, and quality of milk. Any member of the Commission or its representative shall have access to and may enter and examine, at all reasonable hours, all places where milk is produced, handled, distributed, or sold, and examine all books and records kept.

1965, No. 175 , § 49; amended 1991, No. 17 , § 8(a), eff. April 4, 1991.

History

Amendments--1991. Substituted "commission" for "board" in two places in the first sentence, preceding "may reasonably" in the second sentence and preceding "or its representative" in the third sentence.

§ 2676. Title to milk in tank truck; costs of hauling. See effective date of amendment in note set out below.

  1. When milk is sampled, measured, and transferred from a farm tank to a tank truck, the milk collector shall be deemed to be the agent of the buyer and title to the milk shall be deemed to pass to the buyer at the time of such transfer.
    1. In this section, "hauling costs" means stop charges, hauling charges, fuel surcharges, and any other costs incurred to transport cows' milk from a farm to the buyer. (b) (1)  In this section, "hauling costs" means stop charges, hauling charges, fuel surcharges, and any other costs incurred to transport cows' milk from a farm to the buyer.
    2. Notwithstanding subsection 2925(d) of this title, hauling costs shall be paid by the buyer and shall not be charged back to the selling producer, either directly or indirectly. No additional charges shall be made, and no costs may be shifted from other benefits the producer receives to contravene the purpose of this subsection. No funds shall be transferred away from the producer in paid producer differentials or premiums the producer would receive but for this subsection.

      Added 1965, No. 175 , § 35; amended 2009, No. 148 (Adj. Sess.), § 2.

History

Amendments--2009 (Adj. Sess.) Added "; Costs of hauling" in the section catchline, designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Regional collaboration on transition of payment of hauling costs. 2009, No. 148 (Adj. Sess.), § 3 provides: "(a) The secretary of the agency of agriculture, food and markets shall collaborate with his or her counterparts in states within the Northeast Marketing Area to advocate for a transition within each state, and within the Area, to a legally enforceable framework under which the purchaser pays stop and hauling charges.

"(b) The secretary shall provide information and support as is practicable to aid other states in effecting this transition through legislative or administrative enactments at the state level to ensure the contemporaneous adoption of a statewide, mandatory framework, under which a purchaser of cows' milk shall be responsible for the payment of dairy hauling costs.

"(c) The secretary shall further collaborate with other northeast states to implement a shift in responsibility for payment of dairy hauling costs through a milk marketing order petition or other means available at the federal level.

"(d) Beginning in 2011, on or before January 15 of each year, the secretary shall submit a report to the house and senate committees on agriculture detailing progress made on accomplishing the transition at the state level within each state in the Northeast Marketing Area, and on progress made on a petition or other means to implement a cost shift in stop and hauling charges at the federal level."

Effective date of amendment. 2009, No. 148 (Adj. Sess.) § 5 provides that: "This bill shall take effect upon passage, except that Sec. 2. (amendment to 6 V.S.A. § 2676, mandating that cost of hauling to be paid by buyer) shall take effect when New York requires, by legislative or administrative enactment of statewide applicability and enforcement, that dairy hauling costs be paid by the purchaser of cows' milk rather than the producer of the milk."

§ 2677. Fluid dairy products for livestock feed.

A milk plant or handler shall not dispense or deliver fluid dairy products other than whey for livestock feed including poultry except under regulations as may be promulgated by the Secretary.

1965, No. 175 , § 36; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 1, eff. May 19, 2011.

History

Amendments--2011. Inserted "other than whey" following "products".

Amendments--2003. Substituted "secretary" for "commissioner".

§ 2678. Penalties.

Any handler, producer, or other person who violates any of the provisions of this part or the regulations promulgated thereunder, shall be fined not less than $25.00 or more than $1,000.00 or imprisoned for not more than one year, or both.

1965, No. 175 , § 75.

§ 2679. Administrative penalties.

Any person who violates any provision of this chapter or any rule adopted under this chapter may be assessed an administrative penalty under section 15 of this title.

Added 1995, No. 128 (Adj. Sess.), § 4.

§ 2680. Labeling milk as fresh.

Milk shall not be labeled as "fresh milk," "Vermont fresh milk," or "northeastern fresh milk" unless the milk meets the definitions in section 2672 of this chapter.

Added 2007, No. 101 (Adj. Sess.), § 3, eff. April 22, 2008.

§ 2681. Additives.

The Secretary may, in accordance with 3 V.S.A. chapter 25, adopt a list of food grade additives which may be added to milk. The additives used in milk sold in retail packages shall be conspicuously stated in descending order of volume on the label of the package in a manner approved by the Secretary.

Added 2011, No. 39 , § 1, eff. May 19, 2011; amended 2015, No. 23 , § 75.

History

Amendments--2015. Substituted "3 V.S.A. chapter 25, adopt" for "chapter 25 of Title 3, promulgate" in the first sentence.

Subchapter 2. Secretary of Agriculture, Food and Markets

History

Amendments--2003. Substituted "Secretary of Agriculture, Food and Markets" for "Commissioner of Agriculture, Food and Markets" in the subchapter catchline.

§ 2701. Rules.

  1. The Secretary, in accordance with 3 V.S.A. chapter 25, shall adopt, and may amend and rescind, dairy sanitation rules relating to dairy products to enforce this chapter, including labeling, weighing, measuring and testing facilities, buildings, equipment, methods, procedures, health of animals, health and capability of personnel, and quality standards. In addition, the uniform regulation for sanitation requirements, as adopted by the National Conference on Interstate Milk Shippers, and published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, Grade A Pasteurized Milk Ordinance (PMO), as amended, supplemented, or revised, are adopted as part of this chapter, except that any exemption to the preventative controls for human food requirements for Grade "A" milk and milk products for a very small business, as defined in the PMO and federal regulations, shall not apply. The Secretary may modify or reject by rule the PMO. When adherence to the PMO is deemed unreasonable by the Agency for non-Grade "A" products, the most current version of the Recommended Requirements of the U.S. Department of Agriculture, Agricultural Marketing Service, Milk for Manufacturing Purposes and its Production and Processing may be used.
  2. The Secretary shall adopt and from time to time amend or terminate rules concerning but not limited to the taking and storing of samples, sampling equipment, approved tests, testing equipment, methods and procedures for performing tests, and related trade practices which are used as a basis for payment or acceptance for dairy products. The Secretary shall adopt, amend, or terminate rules concerning examination for and the granting and terminating of dairy technician's licenses.

    Added 1965, No. 175 , §§ 8, 32; amended 1969, No. 73 , § 2, eff. April 18, 1969; 2001, No. 39 , § 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 1, eff. May 19, 2011; 2015, No. 23 , § 76; 2017, No. 113 (Adj. Sess.), § 27; 2019, No. 83 , § 16.

History

Amendments--2019. Subsec. (a): Substituted "that any exemption to the preventative controls for human food requirements for Grade 'A' milk and milk products for a very small business, as defined in the PMO and federal regulations, shall not apply. The Secretary may modify or reject by rule the PMO" for "as modified or rejected by rule" at the end of the second sentence.

Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "as amended, supplemented, or revised" for "together with amendments, supplements, and revisions thereto" following "Milk Ordinance (PMO)" in the second sentence.

Amendments--2015. Section heading: Substituted "Rules" for "Regulations".

Subsec. (a): Substituted "adopt" for "promulgate" preceding "and may amend", "rules" for "regulations" following "dairy sanitation"; deleted "but not limited to"; and substituted "rule" for "regulation" in the first sentence.

Subsec. (b): Substituted "adopt" for "promulgate" preceding "and from time", "rules" for "regulations" following "terminate" in the first sentence, and "adopt" for "make" and "rules" for "regulations" in the second sentence.

Amendments--2011. Subsec. (a): Deleted "and imitation dairy products" following "products"; inserted "(PMO)" following "Pasteurized Milk Ordinance"; and added the third sentence.

Amendments--2003. Substituted "Secretary" for "Commissioner" wherever it appeared throughout the section.

Amendments--2001. Subsec. (a): Rewrote the second sentence.

Amendments--1969. Subsec. (a): Substituted "in accordance with chapter 25 of Title 3" for "following due notice and public hearing" preceding "shall promulgate", inserted "and may amend and rescind" thereafter and substituted "relating to dairy products and imitation dairy products to enforce" for "to carry out" preceding "this chapter" in the first sentence.

Adoption of rules for limitation on somatic cell count. 1991, No. 223 (Adj. Sess.), § 1, provided: "After January 1, 1993, and by January 1, 1996, the commissioner shall adopt rules to approach a somatic cell count limit of 500,000 per milliliter of milk produced, such limit to be below the federally established limit. The rules may provide a hardship exemption of limited duration, as necessary."

Cross References

Cross references. Regulations relating to frozen desserts, see § 2852 of this title.

§ 2702. Repealed. 1999, No. 49, § 121.

History

Former § 2702. Former § 2702, relating to disposition of fees, was derived from 1965, No. 175 , § 33 and amended by 1989, No. 256 (Adj. Sess.), § 10(a).

§ 2703. Grading services.

The Secretary is authorized to cooperate with the federal government in furnishing inspection or grading service for dairy products to milk handlers and other persons. The Secretary shall establish uniform fees for this service.

1965, No. 175 , § 34; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in two places within the section.

§ 2704. Trustee of handlers' bonds.

All bonds or other securities required and furnished under the provisions of this part shall be given to the Secretary as trustee for each and all of the producers in this State and shall be conditioned for the faithful performance by the handler of all the acts prescribed and all the conditions imposed upon the handler by this part, and for compliance by the handler of all the general laws of this State now in force or hereafter enacted and regulations pursuant thereto.

1965, No. 175 , § 23; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Substituted "handlers" for "producers" in the section catchline to conform catchline to text of this section and section 2881 et seq. of this title.

Substituted "part" for "chapter" preceding "shall be given" and for "subchapter" preceding "and for compliance".

Amendments--2003. Substituted "secretary" for "commissioner".

Cross References

Cross references. Exemption from bond requirement of handler for payments made to producer of certain milk cooperatives, see § 2881 et seq. of this title.

§ 2705. Revocation of licenses.

  1. The Secretary may after due notice and hearing revoke a handler's license if after due investigation made by him or her the handler is deemed to be in violation of any provisions of this part or the regulations promulgated thereunder.  The Secretary is charged with the administration and enforcement of this part.
  2. If the Secretary is unable to secure compliance with the provisions of this part and the rules adopted thereunder, he or she shall report the matter to the Attorney General, together with all relevant information. Except as provided in section 2881 of this title, the Attorney General shall take such action as the public interest requires, including injunctions or prosecution in any court of competent jurisdiction.

    Added 1965, No. 175 , § 73; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 28.

History

Revision note. Substituted "part" for "chapter" wherever it appeared.

Amendments--2017 (Adj. Sess.). Subsec. (b): Substituted "rules adopted" for "regulations promulgated" in the first sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Revocation or suspension of frozen dessert licenses, see § 2855 of this title.

Annotations From Former § 2443

1. Withholding license.

A license could be withheld for discrimination. 1928-30 Op. Atty. Gen. 65.

Subchapter 3. Licensing and Inspection

ARTICLE 1. Licenses

History

Dairy technicians' licenses. 2011, No. 33 , § 10 provides: "After July 1, 2011, technicians licenses issued under 6 V.S.A. § 2724 shall be renewed by July 1 of each year when due. Current license holders with staggered due dates shall be notified of the change and the license renewal dates changed to the closest July 1 to their current due date."

Cross References

Cross references. License to manufacture frozen desserts, see § 2855 of this title.

§ 2721. Handlers' licenses.

  1. The Secretary may classify and issue licenses to milk handlers to carry on dairy product handling businesses, including the purchase, distribution, or sale of milk or milk products, processing or manufacturing of milk or milk products, including the pasteurization of frozen dessert mixes, transport of milk and milk products, bargaining and collecting for the sale of milk and milk products, and dealing in or brokering milk or milk products.
  2. A milk handler shall not transact business in the State unless the milk handler secures and holds a handler's license from the Secretary. The license shall terminate September 1 each year and shall be procured by August 15 of each year. The Secretary shall furnish all forms for applications, licenses, and bonds. At the time the application is delivered to the Secretary, the milk handler shall pay a license application fee of $50.00 for an initial application and a license fee based on the following table. For a renewal application, only the fee in the table applies. Out-of-state firms shall use the company's highest total pounds of milk or dairy products bought, sold, packaged, assembled, transported, or processed per production day.
  3. Notwithstanding subsection (b) of this section, the license handling fees only for the transportation of bulk milk shall be capped at $750.00 per year.

    Added 1965, No. 175 , § 17; amended 1969, No. 73 , § 3, eff. April 18, 1969; 1975, No. 220 (Adj. Sess.), § 12; 1977, No. 159 (Adj. Sess.), § 1, eff. May 28, 1978; 1987, No. 217 (Adj. Sess.), § 1; 1989, No. 257 (Adj. Sess.), § 11; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 33 , § 7; 2011, No. 39 , § 1, eff. May 19, 2011; 2015, No. 149 (Adj. Sess.), § 14.

Pounds of milk or dairy License handling fee products bought, sold, pack- aged, assembled, transported, or processed per production day: 500 pounds or less $ 60.00 Over 500 but less than 10,000 pounds $ 200.00 10,000 to 50,000 pounds $ 350.00 Over 50,000 but less than 100,000 pounds $ 750.00 100,000 to 500,000 pounds $1,000.00 Over 500,000 pounds $1,500.00 Processor fee per pasteurizer $ 75.00

History

Amendments--2015 (Adj. Sess.). Subsec. (b): Amended generally.

Subsec. (c): Added.

Amendments--2011. Subsec. (a): Substituted "dairy product" for "milk" preceding "handling"; deleted "but not limited to" following "including"; inserted "or milk products" in two places following "milk" and "or milk products including the pasteurization of frozen dessert mixes, transport of milk and milk products" preceding "bargaining, "and milk products" following "milk".

Subsec. (b): Substituted "At the time the application is delivered to the secretary, the" for "The" at the beginning of the fourth sentence; inserted "application" preceding "fee"; substituted "$50.00" for "$200.00" following "fee of", "and" for "or" following "application", "based on the following table. For" for "of $50.00 for" following "fee" and "only the fee in the table applies" for "at the time the application is delivered to the secretary" following "application" and added the last sentence and the table following.

Amendments--2011. Subsec. (c): Deleted.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1989 (Adj. Sess.). Subsec. (b): Substituted "the milk handler" for "he" preceding "secures" in the first sentence and "$200.00 for" for "$100.00 in the case of" and "$50.00 for" for "$25.00 in the case of" in the fourth sentence.

Subsec. (c): Inserted "or she" preceding "secures" in the first sentence and substituted "$200.00 for" for "$100.00 in the case of" and "$50.00 for" for "$25.00 in the case of" in the fourth sentence.

Amendments--1987 (Adj. Sess.). Redesignated former subsecs. (a) and (b) as subsecs. (b) and (c) and added a new subsec. (a).

Amendments--1977 (Adj. Sess.). In subsecs. (a) and (b), substituted "$100.00 in the case of an initial application or a license fee of $25.00 in the case of a renewal application" for "$35.00" following "fee of" in the fourth sentences and deleted the fifth sentences.

Amendments--1975 (Adj. Sess.). Subsec. (a): Substituted "$35.00" for "$25.00" in the fourth sentence.

Subsec. (b): Substituted "$35.00" for "$25.00" in the fourth sentence and "products" for "product" following "dairy" in that sentence and preceding "handler's license" in the fifth sentence.

Amendments--1969. Designated existing provisions of section as subsec. (a) and added subsec. (b).

Severability-- 1977, No. 159 (Adj. sess.). 1977, No. 159 (Adj. Sess.), § 5, provided: "Should any provision of this act [which amended this section and section 2722 and added section 2722a of this title], or the application of any provision to any person or circumstances, be held invalid, the remainder of this act, shall not be affected thereby."

Cross References

Cross references. Bonds, see § 2881 et seq. of this title.

Revocation of handler's license, see § 2705 of this title.

Tax withholding agreement as condition for granting license, see § 2983 of this title.

ANNOTATIONS

Cited. Eurich v. Coffee-Rich, Inc., 130 Vt. 537, 298 A.2d 846 (1972).

Annotations From Former § 1963

1. Construction with other laws.

Foreign creamery corporation had to receive its authority to transact business from commissioner of agriculture under this section and not from the secretary of state under statutes relating to foreign corporations generally. 1938-40 Op. Atty. Gen. 353.

When license was issued under this section to a foreign creamery company, no other license was required to authorize such company to transact business in this state. 1938-40 Op. Atty. Gen. 70.

Compliance by foreign creamery company with statutes requiring registration with commissioner of taxation was not a condition to granting of license under this section. 1938-40 Op. Atty. Gen. 70.

§ 2722. Application.

Applications shall be completely filled out and sworn to by the applicant or a partner or officer thereof and in case of renewal shall be filed with the Secretary on or before July 15 of each year. New handlers may apply for a license at any time. Renewal applications not received on or before August 15 shall be assessed a late fee of $100.00. The application for a handler's license shall provide the following information and such other information as the Secretary by regulation shall reasonably require:

  1. Name and address of applicant and the location of all plants and facilities owned or operated or to be owned or operated within the State of Vermont or outside the State of Vermont, or both.
  2. A statement as to whether the applicant, or any partner, officer, or director thereof, is presently the subject of any criminal, civil, or disciplinary action by any federal or state agency, or has been convicted of a crime relating in any way to the business of milk processing or marketing, or both.
  3. In the case of a new application, the applicant shall provide the following information:
    1. The anticipated sources of supply of milk for the next 12 months.
    2. The anticipated supply of milk and the daily quantity to be purchased from such sources. If a handler buys milk or represents that he or she intends to buy milk from Vermont producers, he or she shall provide a sworn balance sheet showing assets and liabilities and a profit and loss statement as of the end of the handler's preceding fiscal year and such other information regarding its financial condition as the Secretary may require. Upon the request of the Secretary, the financial statements shall be accompanied by an opinion of a certified public accountant.
    3. The value of the milk he or she intends to purchase for each of the succeeding 12 months from Vermont producers. In case purchases from Vermont milk producers during the license period vary in any one month by more than 20 percent from the amount stated on the application for the same month of the prior year or from the amount predicted for that month in the current year, as the case may be, the handler shall immediately notify the Secretary in writing of the amount of variation.
    4. A statement as to when all Vermont producers will be paid in part and in full. Payment shall be made as agreed upon but shall not be later than the 25th of the following month.
    5. The results of health tests certified by an appropriate public agency as the Secretary shall by regulation require. The Secretary may issue regulations establishing what tests shall be administered and by whom they shall be certified.
    6. A statement that the handler will pay to the Secretary all milk taxes required by law.
    7. A statement that the handler will comply with all the provisions of this part and the regulations adopted thereunder.

      Added 1965, No. 175 , § 16; amended 1977, No. 159 (Adj. Sess.), § 2, eff. May 28, 1978; 1987, No. 217 (Adj. Sess.), § 2; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 33 , § 8; 2013, No. 159 (Adj. Sess.), § 6; 2015, No. 149 (Adj. Sess.), § 15; 2019, No. 64 , § 2.

History

Amendments--2019. Substituted "August 15" for "August 1" in the third sentence of the introductory paragraph.

Amendments--2015 (Adj. Sess.). Substituted "$100.00" for "$50.00" following "late fee of" at the end of the third sentence in the introductory paragraph.

Amendments--2013 (Adj. Sess.). Introductory paragraph: Substituted "Secretary on or before July 15" for "secretary by June 1" following "shall be filed with the" and "on or before August 1" for "by July 1" following "not received".

Subdiv. (3)(A): Rewrote the subdiv.

Subdiv. (3)(B): Inserted "The" at the beginning and "or she" twice, and substituted "Upon the request of the Secretary, the" for "In the case of a new application, these" at the beginning of the third sentence, and made minor stylistic changes.

Subdiv. (3)(C): Redesignated from former subdiv. (4) and redesignated the remaining subdivisions accordingly, substituted "The" for "In case milk has been purchased from Vermont producers, or the applicant represents that he or she intends to purchase milk from Vermont producers, the value of milk purchased for each of the preceding 12 months, or the" at the beginning.

Subdiv. (3)(E): Substituted "The" for "In the case of a new application, the applicant shall provide such" at the beginning and "shall" for "must" twice.

Subdiv. (3)(G): Substituted "adopted" for "promulgated" following "regulations".

Amendments--2011. Added the third sentence in the first paragraph.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1987 (Adj. Sess.). Deleted former subdiv. (2), redesignated former subdiv. (3) as subdiv. (2), deleted former subdiv. (4), and redesignated former subdivs. (5)-(10) as subdivs. (3)-(8).

Amendments--1977 (Adj. Sess.). Section amended generally.

Severability-- 1977, No. 159 (Adj. sess.). See note set out under § 2721 of this title.

§ 2722a. Hearings, and action upon applications.

  1. Upon receipt of an application for a milk handler's license the Secretary shall examine it. If the application is deficient the Secretary shall so notify the applicant and return the application together with one-half of the application fee within 30 days of the receipt of the application. If the application is not deficient, the Secretary shall publish notice of the application in one or more publications of general circulation within the State's dairy community at the applicant's expense. The Secretary shall also publish notice of the handler's application on the Agency's website. An interested party shall have 14 calendar days from the date of publication to request a hearing on the application. The Secretary shall grant a request for a hearing when an interested party can demonstrate a reasonable belief that the applicant will not promote the general good of the dairy industry and the consuming public pursuant to Vermont rule 20-021-001 adopted by the Agency of Agriculture, Food and Markets. Where such a showing is made, a hearing shall be held within 60 days of receipt of the request. In the absence of such a showing or where no request for a hearing is received, the Secretary may hold a hearing at his or her discretion.
  2. In the event a hearing is convened, the hearing shall be held in central Vermont unless requested by the applicant to be in the specific area where the applicant will be located. Additional hearings may be held at the discretion of the Secretary.
  3. In the case of a renewal application, a hearing in the discretion of the Secretary may be held at Montpelier, or, in the discretion of the Secretary, may be waived.
  4. The Secretary shall act upon applications within 30 days of the hearing, or if the hearing in the case of a renewal application has been waived, within 60 days of receipt of the renewal application.  If the Secretary denies the license, he or she shall set forth his or her reasons.
  5. Any applicant whose application has been denied shall have the right to judicial review of the Secretary's decision in the Superior Court. The proceeding before the Superior Court shall be de novo, and the applicant may demand trial by jury. Appeals from the Superior Court may be taken to the Vermont Supreme Court pursuant to the Vermont Rules of Appellate Procedure.

    Added 1977, No. 159 (Adj. Sess.), § 3, eff. May 28, 1978; amended 1981, No. 237 (Adj. Sess.), eff. May 4, 1982; 1987, No. 217 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 3, eff. Jan. 1, 1998; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 1, eff. May 19, 2011.

History

Amendments--2011. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1997 (Adj. Sess.). Subsec. (e): Deleted the former subdiv. designations, added "in the Superior Court" to the end of the first sentence, and deleted two sentences setting out the procedure for initiating review.

Amendments--1987 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--1981 (Adj. Sess.). Subsec. (b): Amended generally.

Severability-- 1977, No. 159 (Adj. Sess.). See note set out under § 2721 of this title.

§ 2723. Exemptions.

Handlers' licenses shall not be required from the following persons:

  1. a producer who only sells raw milk to milk handlers licensed to buy raw milk from Vermont farms;
  2. a hotel, restaurant, or other public eating place that sells dairy products for consumption on the premises, or a store which sells packaged dairy products, provided the entire supply of dairy products is purchased from licensed milk handlers;
  3. a person producing unpasteurized milk under chapter 152 of this title, with respect to the sale of that unpasteurized milk only; or
  4. a person who holds a frozen dessert license that only utilizes pasteurized frozen dessert mix.

    Added 1965, No. 175 , § 18; amended 2007, No. 101 (Adj. Sess.), § 1, eff. April 22, 2008; 2009, No. 62 , § 3; 2011, No. 39 , § 1, eff. May 19, 2011; 2013, No. 159 (Adj. Sess.), § 7.

History

Amendments--2013 (Adj. Sess.). Subdiv. (1): Rewrote the subdivision.

Amendments--2011. Subdiv. (2): Deleted "fluid" preceding "dairy".

Subdiv. (4): Added.

Amendments--2009. Subdiv. (3): Rewrote the subdivision.

Amendments--2007 (Adj. Sess.). Subdiv. (3): Substituted "50" for "25" preceding "quarts".

§ 2723a. Distributor's licenses.

  1. It shall be unlawful for any person to distribute fluid dairy products without a license issued by the Secretary. The Secretary shall license all distributors at least annually and for a term of up to three years and shall issue and renew such licenses on any calendar cycle. Application for the license and renewal shall be made in the manner and form prescribed by the Secretary and shall be accompanied by a license fee of $20.00 per annum or any part thereof.
  2. No person shall be granted a license under this section unless the distributor first agrees to withhold the State tax on producers whose milk has been received by the distributor imposed under chapter 161 of this title.
  3. As used in this section, the term "distributor" has the same meaning as set forth in section 2672 of this chapter, which includes the retail distribution or sale of milk, except the sale of milk to be consumed on the premises.
  4. Any distributor who carries on a business without a license shall be subject to penalty under sections 2678 and 2679 of this title.

    Added 2013, No. 83 , § 8, eff. June 10, 2013.

History

Former § 2723a. Former § 2723a, relating to distributors' licenses, was derived from 2003, No. 70 (Adj. Sess.), § 66 and amended by 2007, No. 157 (Adj. Sess.), § 11.

§ 2724. Technicians' licenses.

  1. Any person who performs any tests, or determines weight or volume of dairy products where such determinations are used as a basis of payment or acceptance, shall hold an appropriate license or licenses issued by the Secretary, which may be revoked for cause after giving the technician the opportunity to be heard. Out-of-state laboratories that are NCIMS listed are exempt from the licensing requirement. Before issuing a license, the Secretary shall determine that the applicant is qualified to perform the service stated in the license. Different licenses may be issued for different services. The applicant shall pay the Secretary $20.00 for each examination. The initial license fee is $30.00. Licenses shall expire on June 30. After July 1, 2011, licenses shall be renewed by July 1 of each year when due. Licenses shall be issued for a period of three years. Licenses are renewable upon payment of a fee of $30.00. Licenses issued from July 2 to December 31 of each year shall be considered as if issued on the preceding July 1 for expiration purposes. Licenses issued from January 1 to June 30 shall be considered as if issued on the following July 1. There shall be a $25.00 late fee for each license not renewed by its due date, and the license shall lapse after it is late for 30 days. The holder of a license that has been lapsed more than 60 days shall retake any examination needed for a new license. License renewals shall be submitted 30 days prior to the renewal date to allow for processing of the licenses. Licenses not processed within 30 days of receipt shall automatically receive an extension of their current license until it is processed.
  2. Any commercial enterprise that sells, installs, or repairs milking, milk cooling and storage, or dairy processing equipment shall register with the Secretary. The company shall apply for registration on a form made available by the Agency. The registration shall be valid for three years. Before registering a company, the Secretary shall determine that the company is qualified to sell, perform the installation, or repair milking and dairy processing equipment. The registration form shall be accompanied by a fee of $150.00. The Secretary may suspend or revoke registration for cause after giving the installer the opportunity to be heard. Registration shall terminate on December 31 of each year. Electricians or plumbers licensed pursuant to Title 26 doing only electrical or plumbing work within a farm or plant shall be exempt from this registration provided any work directly related to the processing of dairy products or milking of animals is performed under the supervision of a person that is registered.

    Added 1965, No. 175 , § 10; amended 1975, No. 220 (Adj. Sess.), § 13; amended 1989, No. 257 (Adj. Sess.), § 12; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 33 , § 9; 2013, No. 159 (Adj. Sess.), § 8; 2015, No. 149 (Adj. Sess.), § 16.

History

Amendments--2015 (Adj. Sess.). Subsec. (b): Substituted "$150.00" for "$100.00" following "fee of" at the end of the fifth sentence.

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Any commercial enterprise that sells," for "Any commercial enterprise which" at the beginning, "milking and dairy processing equipment" for "service" at the end of the third sentence and "on or before" for "by" preceding "December 31", inserted "milk cooling and storage," following "or repairs milking", "sell" following "is qualified to", and made minor stylistic changes.

Amendments--2011. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" and "agency" for "department".

Amendments--1989 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), deleted "to his satisfaction" preceding "that the applicant" in the second sentence and substituted "is qualified" for "has the skill, experience, ability and integrity" thereafter, "$15.00" for "$8.00" in the fourth sentence and "$10.00" for "$5.00" in the fifth sentence of that subsection, and added subsec. (b).

Amendments--1975 (Adj. Sess.). Substituted "$8.00" for "$5.00" in the fourth sentence and "$5.00" for "$3.00" in the fifth sentence.

Annotations From Former § 2212

1. Construction.

The provisions of this section were mandatory and a person who conducted tests or examinations for the purpose of grading milk and thereby determining whether such milk was of such grade as to entitle the producer to a premium or higher price had to have an operator's certificate. 1948-50 Op. Atty. Gen. 62.

§§ 2725, 2726. Repealed. 1989, No. 256 (Adj. Sess.), § 11(a), eff. Jan. 1, 1991.

History

Former §§ 2725, 2726. Former § 2725, relating to distributors' licenses, was derived from 1965, No. 175 , § 46. The subject matter is now covered by § 2934 of this title.

Prior to repeal, former § 2726 was amended by 1989, No. 257 (Adj. sess.), § 13. The subject matter is now covered by § 2723a of this title.

Former § 2726, relating to issuance of licenses and fees, was derived from 1965, No. 175 , § 47, amended 1971, No. 177 (Adj. Sess.), § 2, eff. Jan. 1, 1973, 1979, No. 101 (Adj. Sess.), § 1, 1981, No. 198 (Adj. Sess.), § 1, eff. April, 22, 1982, and 1987, No. 6 , § 1, eff. April 1, 1987.

§ 2727. Municipal licenses.

The existing power of a municipality under special charter provisions to regulate and grant licenses for the handling, selling, or supplying of dairy products within its territorial limits shall not be repealed nor affected by the provisions of this part, except that no local license shall be granted to any person who does not hold a license required of him under this part. The suspension or revocation of a license under this part automatically shall suspend or revoke, as the case may be, any local license then held by the same person.

1965, No. 175 , § 31.

History

Revision note. Substituted "part" for "subchapter" wherever it appeared.

§ 2728. Manufacturing grade goat milk.

  1. "Manufacturing grade goat milk" is goat milk other than Grade A goat milk produced and distributed according to the Grade A Pasteurized Milk Ordinance.
  2. The maximum somatic cell count for manufacturing grade goat milk shall not exceed 1,500,000 per milliliter.

    Added 2009, No. 48 , § 10, eff. May 28, 2009.

ARTICLE 2. Inspections and Enforcement

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

§ 2741. Milk plants.

Before issuing a milk handler's license and at least twice a year thereafter, the Secretary shall inspect or cause to be inspected all milk plants as to their premises, equipment, procedures, and sanitary conditions. The Secretary may enter into reciprocal agreements with or accept the inspection reports of appropriate dairy sanitation agencies of other states, municipalities, or the federal government in lieu of inspection by the Secretary, provided their standards and administration are substantially equal to the standards established by the Secretary under the provisions of this chapter.

Added 1965, No. 175 , § 5; amended 1969, No. 73 , § 4, eff. April 18, 1969; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 1, eff. May 19, 2011.

History

Amendments--2011. Catchline: Deleted "and imitation dairy products plants" following "plants".

Deleted "or an imitation dairy products handlers' license" following "license" twice in the first sentence and substituted "The Secretary" for "He" at the beginning of the second sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1969. Rewrote the section catchline and inserted "or an imitation dairy products handler's license" preceding "and at least" and "and imitation dairy products plants" preceding "as to their" in the first sentence.

§ 2742. Dairy farms.

Before a dairy farm may sell or offer for sale milk to a handler, and at least once a year thereafter, the Secretary shall inspect or cause to be inspected all dairy farms as to their premises, equipment, dairy animals, procedures, and sanitation conditions. He or she may enter into reciprocal agreements with or accept the inspection reports of appropriate dairy sanitation agencies of other states, municipalities, or the federal government in lieu of inspection by the Secretary, provided their standards and administration are substantially equal to the standards established by the Secretary under the provisions of this part. All milk producers shall comply with all state-federal-cooperative livestock disease control or eradication programs.

Added 1965, No. 175 , § 6; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 29.

History

Revision note. Substituted "part" for "chapter" at the end of the second sentence.

Amendments--2017 (Adj. Sess.). Inserted "all" preceding "state-federal-cooperative" and substituted "or" for "and/or" preceding "eradication" in the last sentence.

Amendments--2003. Substituted "Secretary" for "Commissioner" wherever it appeared throughout the section.

§ 2743. Dairy laboratories.

  1. The Secretary shall, at least annually, inspect or cause to be inspected all premises where dairy products are tested to determine the basis of payment or acceptance. Each handler shall notify the Secretary of the place in which tests of a producer's dairy products are conducted. Such tests shall be performed only by licensed technicians. Approved dairy laboratories located outside Vermont are exempt from this inspection.
  2. The Secretary shall at least annually inspect all in-state dairy laboratories and those out-of-state dairy laboratories not approved by the National Conference on Interstate Milk Shipments and if qualified, they shall be approved by the Secretary.
  3. In the event that an approved dairy laboratory in which tests are made does not comply with the provisions of this part or regulations issued thereunder, the Secretary may forbid its use until subsequent inspection indicates compliance.
  4. In case the producer's milk is transported from the farm to a milk plant in another state, the samples shall be tested in an approved dairy laboratory.

    Added 1965, No. 175 , § 11; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 1, eff. May 19, 2011.

History

Revision note. In subsec. (c), substituted "part" for "chapter" following "provisions of this".

Amendments--2011. Subsec. (a): Added the present fourth sentence.

Subsec. (b): Substituted "all in-state" for "approved" following "inspect"; inserted "and those out-of-state dairy laboratories not approved by the National Conference on Interstate Milk Shipments" following "laboratories" and substituted "approved" for "so certified" preceding "by the secretary".

Subsec. (d): Substituted "samples shall be tested in an approved dairy laboratory" for "purchaser shall keep the samples and test them at some approved place within the state of Vermont, or if the purchaser elects and agrees to pay the additional cost of supervision by the secretary or his agent, he may test the samples in another state in the plant where the milk is first received from the farm. All testing shall be done by persons holding a testing license issued by the secretary. The secretary may enter the premises of a milk handler and take possession of any or all samples including those from milk producers' deliveries and test them".

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Central testing laboratory, see § 121 et seq. of this title.

§ 2744. Enforcement.

  1. Enforcement of dairy sanitation regulations in milk plants.  In the event that inspection of a milk plant discloses conditions not meeting the standards established in this part or the regulations promulgated thereunder, the handler shall be directed how to secure compliance with the terms of this part and the regulations thereunder.  The Secretary shall allow a reasonable time to correct the unsatisfactory conditions.  At the expiration of the time granted for correction another inspection shall be made.  If conditions are then found in violation of this part or the regulations thereunder, the Secretary shall require the appearance of the handler before the Secretary to show cause why his or her handler license should not be suspended or terminated.  In this event the handler shall give the Secretary a list of producers supplying him or her milk and the Secretary shall give notice to producers of the pending suspension.
  2. Enforcement of dairy sanitation regulations on dairy farms.  In the event that inspection of a dairy farm discloses conditions not meeting the standards established in this part or the regulations promulgated thereunder, the producer and the handler concerned shall be notified in writing clearly stating the unsatisfactory conditions.  The producer shall be advised as how to secure compliance with the terms of this part and the regulations thereunder.  The Secretary shall allow the producer a reasonable time to correct the unsatisfactory conditions.  At the expiration of this time granted for correction or as soon as feasible thereafter, another inspection shall be made.  If conditions are then found in violation of this part or the regulations thereunder, the Secretary shall require the producer to appear before him or her to show cause why his or her right to sell milk should not be suspended or terminated.  If the producer's right to sell milk is suspended or terminated, the Secretary shall then notify the appropriate handler to stop handling the milk from this producer.  No other handler processing or packing fluid dairy products shall handle milk from this producer.  In the event that a producer corrects the unsatisfactory conditions to the satisfaction of the Secretary as determined by inspection, the Secretary shall immediately notify the appropriate handlers.
  3. Prohibition on sales or transfers.  In the event that any inspection or test of a milk plant or dairy farm discloses conditions which are of immediate and serious danger to public health, the handler or the producer may be at once forbidden to sell or transfer dairy products for human consumption until a subsequent inspection or test indicates that the danger to public health no longer exists.
  4. Right of entry.  The Secretary or his or her agent may for the purpose of inspection enter at all reasonable times the premises, except the residence, of all milk handlers and producers and examine all pertinent records and personnel and may use reasonable means of determining the sanitary condition of the entire milk producing and handling process. Refusal to permit inspection shall be grounds for revoking a license or the ability to ship milk pursuant to 3 V.S.A. chapter 25.

    Added 1965, No. 175 , § 7; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 1, eff. May 19, 2011.

History

Revision note. Substituted "part" for "chapter" wherever it appeared.

Amendments--2011. Subsec. (d): Inserted ", or her" following "his" near the beginning of the first sentence and "or ability to ship milk pursuant to chapter 25 of Title 3" following "license" at the end of the second sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 2744a. Drugs.

  1. No producer shall sell or offer for sale milk which contains any drug or drugs in excess of tolerances established by the U.S. Food and Drug Administration in the Code of Federal Regulations.
    1. In the event that milk from a dairy producer contains a drug residue:
      1. No more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative.
      2. If a second drug residue violation occurs within 12 months of the first violation, no more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative. The producer shall have an administrative penalty equal to the value of one day of milk production assessed.
      3. If a third drug residue violation occurs within 12 months of the first violation, no more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative. The producer shall have an administrative penalty equal to the value of two days of milk production assessed. A hearing shall be warned to determine if the producer will be allowed to continue to ship milk.
    2. No handler or dealer shall accept milk from:
      1. a producer after a drug residue violation has occurred until a sample of at least one complete milking has been found negative; or
      2. a producer whose ability to sell milk is suspended or terminated.
    3. A producer who fails to pay an administrative penalty issued under this section within 30 days of issuance of a citation for violation of this section shall have his or her ability to sell milk suspended until the administrative penalty is paid. In lieu of suspending a producer's ability to sell milk, the Secretary may accept the assessment by the milk dealer against the producer.
    4. Notwithstanding the provisions of subsection (c) of this section, the Secretary may at any time issue an emergency order prohibiting a producer from selling and a handler from accepting any milk until the milk tests negative for drugs.
    1. No producer shall sell for slaughter livestock with bodily tissue containing any drug or drugs in excess of tolerances established by the U.S. Food and Drug Administration in the Code of Federal Regulations. (b) (1)  No producer shall sell for slaughter livestock with bodily tissue containing any drug or drugs in excess of tolerances established by the U.S. Food and Drug Administration in the Code of Federal Regulations.
    2. In the event that bodily tissue obtained from livestock intended for slaughter is found to contain a drug or drugs in excess of levels established by the U.S. Food and Drug Administration in the Code of Federal Regulations at the time of sale, the Secretary may assess an administrative penalty not to exceed $1,000.00 for each violation and may require the farm to participate in a program approved by the Agency intended to mitigate further selling of animals for food that contain violative drug residues in their tissue.
  2. Before issuing an order or administrative penalty under this section, the Secretary shall provide the producer and the handler or dealer an opportunity for hearing.

    Added 1991, No. 232 (Adj. Sess.), § 2; amended 1997, No. 88 (Adj. Sess.), § 2; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 1, eff. May 19, 2011; 2015, No. 39 , § 18.

History

Amendments--2015. Section amended generally.

Amendments--2011. Rewrote the section.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1997 (Adj. Sess.). In subsec. (b) added "up to" preceding "two days" in the first sentence and substituted "period of up to four" for "minimum period of four" in the second sentence and "third violation" for "third occurrence" in the third sentence, and in subsec. (c) added the last sentence.

Cross References

Cross references. Adulteration of milk generally, see § 2801 et seq. of this title.

Subchapter 4. Unfair Trade Practices

§ 2751. Unfair discrimination.

A handler doing business in this State and engaged in the business of buying dairy products for the purpose of manufacture or sale who, or whose agents, officers, or employees, shall begin or continue such methods or practices as to create a monopoly, or to restrain trade or to prevent or limit competition or to destroy the business of a competitor, or to destroy or affect adversely the operations of a producers' cooperative bargaining or marketing association organized under the Vermont cooperative marketing act, 11 V.S.A. chapter 7, subchapter 2 or similar laws of another state and doing business in Vermont, shall discriminate between different sections, communities, localities, cities, or towns of this State by purchasing such commodity at a higher price or rate in one section, community, location, city, or town than is paid for the same commodity by such person, firm, handler, association, or corporation in another section, community, locality, city, or town after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase to the point of manufacture or sale, or who shall so discriminate between different persons in the same section, community, location, city, or town by purchasing such commodity at a lower price from one person than paid for the same commodity to another person after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase to the point of manufacture, or who shall so discriminate between different persons by refusing to purchase, within the limits of its actual requirements, such commodities from a person, or his or her agent, offering the same for sale, on the ground that such person has executed a marketing contract with a cooperative marketing association by the terms of which such cooperative marketing association has been designated the marketing agent of such person for such commodities, or who shall intimidate or attempt to intimidate members of such a producers' cooperative bargaining association for the purpose of causing them to withdraw from such membership or who shall intimidate or attempt to intimidate producers of dairy products for the purpose of preventing them from joining such an association shall be deemed guilty of unfair discrimination. It shall not be necessary to prove intent in reference to the methods or practices prohibited in this section, nor shall this section be construed to prevent milk handlers from paying and milk producers who have installed farm bulk tanks from receiving such payments in addition to the payment for can milk as may be mutually agreed upon.

1965, No. 175 , § 37.

Annotations From Former § 2441

1. Competition.

This section applied to unfair discrimination by the same company and did not prevent a company from paying more than a competitor. 1928-30 Op. Atty. Gen. 49.

§ 2752. Refusal to purchase; hearing; Secretary's order.

  1. A handler doing business in this State who has a contract either verbal or written with a producer residing in this State for the purchase of such producer's dairy products shall not refuse to purchase them from the producer except for violations of the sanitary regulations or standards applicable to the market in which the dairy product is sold or marketed, without being deemed guilty of unfair discrimination.  In the event that the refusal is to be based upon reasons of over-supply or other reasonable grounds, the refusal shall not become operative until the purchaser has given the producer at least ninety days' notice of intention to refuse the producer's product on such grounds, which shall be particularly set forth in writing so that the producer may be fully appraised thereof.
  2. If the producer desires to question the existence or validity of such grounds of refusal, he or she may do so within ninety days after receiving the notice or refusal by requesting the Secretary of Agriculture, Food and Markets for a hearing, and the Secretary is hereby given jurisdiction to hear and determine the question. The producer shall make complaints of such contemplated refusal in writing to the Secretary, setting forth the substance of the refusal notice and requesting to be heard thereon.  The Secretary shall then notify both the producer and the purchaser in writing, sent to them by registered mail, of the time and place of hearing thereon. The time of the hearing shall not be less than 10 nor more than 30 days from the date of the notice.  Hearing shall be informal. Both parties shall have an opportunity to produce evidence.
  3. The decision of the Secretary as to whether or not the grounds relied upon by the purchaser are reasonable in fact shall be final.  Either party shall have the right to appeal any question of law to the Superior Court where the producer resides.  If the Secretary, or the Superior Court on appeal therefrom, does not sustain the action of the purchaser, the purchaser shall be deemed guilty of unfair discrimination.
  4. If a request for a hearing is made by a purchaser, refusal of the purchaser shall not become operative until hearing and decision in the purchaser's favor by the Secretary.
  5. A contract shall exist between the producer and the purchaser, when the purchaser receives the producer's dairy product regularly and pays him the going price therefor.

    1965, No. 175 , § 38; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Deleted a comma following "dairy products" in the first sentence of subsec. (a) to correct a grammatical error.

Amendments--2003. Substituted "Secretary of Agriculture, Food and Markets" for "Commissioner of Agriculture, Food and Markets", "Secretary's" for "Commissioner's", and "Secretary" for "Commissioner" throughout.

Amendments--1973 (Adj. Sess.). Subsec. (c): Substituted "superior" for "county" preceding "court" in the second and third sentences.

§ 2753. Repealed. 2011, No. 39, § 2, eff. May 19, 2011.

History

Former § 2753. Former § 2753, relating to the segregation of products, was derived from 1969, No. 73 , § 7.

§ 2754. [Repealed.].

History

Former § 2754. Former § 2754, requiring notification and labeling for milk and milk products produced using rbST, was derived from 1993, No. 127 (Adj. Sess.), § 3, and was terminated on March 30, 1998, pursuant to 1993, No. 127 (Adj. Sess.), § 4, as amended by 1997, No. 61 , § 272i. The labeling requirement of this section was found unconstitutional in International Dairy Foods Ass'n v. Amestoy, 92 F.3d 67 (2d Cir. 1996).

Law review commentaries

Law review. For note, "Government's Udder Disregard for a Consumer's Right to Information on rBST: Mandatory Labeling of Milk Products Should Be Allowed," see 22 Vt. L. Rev. 433 (1997).

Subchapter 5. rbST Labeling

§ 2760. Substantial State interest.

  1. Role of state government.  The Vermont General Assembly finds, as does the U.S. Food and Drug Administration, that the states under our federal system of government have traditionally undertaken the role of overseeing milk production. The Vermont General Assembly also finds that the intent of the U.S. Food and Drug Administration is to rely primarily on state governments to validate rbST labeling claims regarding milk and dairy products and to ensure that such claims are truthful and not misleading.
  2. State policy.  It is the policy of this State:
    1. that Vermont citizens should have an opportunity to choose to consume milk or dairy products which have not had rbST used in their production ("rbST-free"), based on truthful and nonmisleading product labeling;
    2. that Vermont dairy product manufacturers who want to sell rbST-free products in Vermont or out of state should be able to do so, based on a State-sanctioned process for certifying rbST-free labeling claims;
    3. that the economic health and vitality of the Vermont dairy industry is critical to the health of the overall Vermont economy, which depends in part on the high reputation of Vermont farmers and their dairy products, and the associated goodwill toward other Vermont enterprises, and that this economic asset should not be jeopardized by consumer doubts about the integrity of Vermont milk or dairy products caused by false, misleading, or unverifiable rbST-free labeling claims; and
    4. to support the right of Vermont dairy farmers to choose to use rbST, and of rbST manufacturers and suppliers to sell their product to Vermont dairy farmers.
  3. Substantial State interest.  Therefore, the Vermont General Assembly:
    1. finds a substantial State interest in ensuring the availability of milk and dairy product labeling information that is accurate and nonmisleading, and in which Vermont and out-of-state consumers can place their confidence; and
    2. seeks to serve this interest through this subchapter by:
      1. authorizing a program of voluntary labeling of milk and dairy products which have not had rbST used in their production; and
      2. providing for the verification of claims that rbST has not been used in the production of milk or dairy products offered for sale in Vermont; but
      3. without unduly intruding into the businesses of Vermont dairy farmers who choose to use rbST, or of rbST manufacturers or suppliers who choose to sell their product to Vermont dairy farmers.

        Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998.

History

Editor's note. Former § 2754 of this title, requiring milk or milk products produced using rbST to bear labels so stating, was found unconstitutional in International Dairy Foods Ass'n v. Amestoy, 92 F.3d 67 (2d Cir. 1996).

Cross References

Cross references. Marking or labeling of dairy products, see § 2811 of this title.

Regulation of drug content in milk, see § 2744a of this title.

§ 2761. Definitions.

For the purpose of this subchapter:

  1. "Secretary" means the Secretary of Agriculture, Food and Markets.
  2. "Milk and dairy products" means cow's milk as defined by section 2672 of this title, and butter, cheese, cream, buttermilk, powdered milk, infant formula, ice cream, yogurt, and other dairy products identified by rule by the Secretary.
  3. "Milk handler" or "handler" means the collector and transporter of milk and the processor or manufacturer of milk or dairy products for sale within or outside the State of Vermont, and as otherwise defined by section 2672 of this title.
  4. "Milk producer" or "producer" means the party who owns or controls one or more cows and offers for sale the milk produced by the cows, and as otherwise defined by section 2672 of this title.
  5. "rbST" means recombinant bovine somatotropin, a recombinant bovine growth hormone used with lactating dairy cows to increase the production of marketable milk, which is also known as rbGH.
  6. "rbST supplier" or "supplier" means any party, including a manufacturer, distributor, or other intermediary, who sells or freely distributes rbST.

    Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42 , § 2, eff. May 27, 2003, eff. May 27, 2003.

History

Amendments--2003. Substituted "Secretary" for "Commissioner" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

§ 2762. Producer affidavit; voluntary labeling.

A milk handler may claim in the label on a container or package of milk, or of a dairy product offered for retail sale in Vermont, or in a written display at the point of sale of such milk or dairy product, that the milk or dairy product is derived from cows not treated with rbST, provided that:

  1. Producer affidavit.  Each milk producer supplying the handler with milk to be so identified shall, by affidavit, notify the handler that milk sold to the handler is from cows which are not, and have not been within 90 days prior to the notification, treated with rbST, and swears that he or she will notify his or her handler at least 90 days before using rbST in the production of milk by such cows.
  2. Handler affidavit.
    1. The milk handler shall, by affidavit, notify the Secretary of the handler's practices adopted to assure that milk from cows not treated with rbST is kept separate from other milk throughout the collection, transportation, and processing steps until the finished milk or dairy product is in final packaged form in a labeled container, and swears that he or she will notify the Secretary at least 90 days before ceasing use of such practices.
    2. A milk handler supplying another milk handler with milk to be identified shall, by affidavit, notify the receiving handler that milk sold to the handler is from producers in compliance with subdivision (1) of this section.
  3. Context statement.  The label or point-of-sale display shall contain a clear and conspicuous statement such as, "the U.S. Food and Drug Administration has not found a significant difference to exist between milk derived from rbST-treated and non-rbST-treated cows", or such other truthful and nonmisleading statement conveying reasons, other than safety and quality, for choosing to use milk or dairy products which have not had rbST used in their production.
  4. Advertisement; point-of-sale display.  A handler whose affidavit claims:
    1. That all milk or dairy products marketed under a given brand name are derived from cows not treated with rbST, may state in an advertisement or in a point-of- sale display that the entire line of milk or dairy products with this brand name is derived from cows not treated with rbST.
    2. That some milk or dairy products marketed under a given brand name are derived from cows not treated with rbST, but makes no such claim regarding other milk or dairy products with this brand name, shall in any advertisement of rbST free milk or dairy product, or in a point-of-sale display, identify the specific milk or dairy product or products with this brand name derived from cows not treated with rbST.

      Added 1997, No. 154 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Editor's note. Former § 2754 of this title, requiring milk or milk products produced using rbST to bear labels so stating, was found unconstitutional in International Dairy Foods Ass'n v. Amestoy, 92 F.3d 67 (2d Cir. 1996).

Amendments--2003. Substituted "secretary" for "commissioner" in two places within the section.

Effective date. 1997, No. 154 (Adj. Sess.), § 3, eff. April 29, 1998, provided that the act enacting this section shall take effect on April 29, 1998, except that the milk handler labeling requirements of this section 2762 shall take effect on July 1, 1998.

Labeling of milk from cows not treated with rbST. 1998, No. 154 (Adj. Sess.), § 3, provided that nothing in that act shall prevent a milk handler before July 1, 1998 from labeling and advertising its milk or dairy products as derived from cows not treated with rbST.

§ 2763. Secretary's verification.

  1. The Secretary is authorized to conduct random inspections of dairy farm operations to determine whether evidence exists that rbST is or has been used in the production of milk, which may include inspection of a milking herd, historical milk production records, and medicine storage places. If an inspection finds evidence contradicting the claim of a producer made under section 2762 of this title, the Secretary shall immediately so notify the Attorney General and the handler concerned.
  2. The Secretary is authorized to investigate when he or she deems appropriate, and the Secretary shall at least annually review, the business operations of any milk handler who claims pursuant to this subchapter that rbST has not been used in the production of milk or dairy products offered for retail sale in Vermont, for the purpose of verifying such claims. An investigation or an annual review may be made, if the Secretary deems appropriate, of claims of non-rbST use in the production in other states or countries of milk or dairy products offered for retail sale in Vermont, pursuant to section 2767 of this title. An investigation or a review may include the examination of a milk handler's collection, transportation, processing, or manufacturing equipment, methods, and historical records, including records of milk pickups and deliveries.
  3. The Secretary is authorized to confirm a producer's claim of non-rbST use pursuant to subdivision 2762(1) of this title:
    1. in conjunction with the random inspection of dairy farm operations pursuant to subsection (a) of this section;
    2. upon the written request of a handler regarding specific producers supplying milk to the handler; or
    3. when the Secretary has reason to suspect that a specific producer has made a false affidavit.
  4. Any supplier of rbST doing business or wishing to do business in Vermont shall register with the Secretary. In the event the Secretary is investigating a producer's claim of non-rbST use pursuant to subdivision 2762(1) of this title, a supplier shall when requested by the Secretary make available to the Secretary records of business transactions with the producer under investigation by the Secretary.
  5. If the Secretary determines that the claims of a milk handler of non-rbST use pursuant to section 2762 of this title cannot be verified, the Secretary shall immediately so notify the Attorney General and the handler concerned.

    Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 33 , § 13.

History

Amendments--2009. Deleted former subsec. (e), requiring annual report on validation of claims that dairy products are free; redesignated former subsec. (f) as present subsec. (e); and deleted former subsec. (g), requiring annual report to General Assembly regarding implementation of this section.

Amendments--2003. Substituted "secretary" for "commissioner" and "secretary's" for "commissioner's".

§ 2764. Enforcement; penalty.

  1. A violation under this subchapter may give rise to a civil, administrative, or criminal enforcement action under Title 9, Title 6, or Title 13.
  2. The Secretary may seek search warrants and accept assurances of discontinuance under section 1, 12, or 13, of this title or may suspend or revoke the license issued to a milk handler under this title who violates this subchapter.
  3. The Attorney General or State's Attorney may prosecute civil, criminal, or administrative actions in accordance with the Civil and Criminal Rules of Procedure and the Administrative Procedure Act.

    Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Subsec. (b): Substituted "secretary" for "commissioner".

Cross References

Cross references. Administrative Procedure Act, see 3 V.S.A. § 800 et seq.

§ 2765. Milk purchase refusal.

If the Attorney General commences an enforcement action against a milk producer for a false affirmation, claim, or affidavit pursuant to this subchapter, the charge shall be a matter of public record, and a handler purchasing milk from the producer may immediately refuse to purchase and accept milk from that producer, notwithstanding the provisions of section 2752 of this title.

Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998.

§ 2766. Confidentiality.

Any identifying information contained in any reports, records, or other record of information regardless of format in which it is created and maintained, obtained by the Secretary, the Attorney General, or a handler pursuant to this subchapter shall be kept confidential and shall not be disclosed to any person, except:

  1. as necessary to enable enforcement of this subchapter;
  2. as provided by section 2765 of this title; and
  3. to enable the Secretary to perform his or her duties under this subchapter, which may include preparation of public information and public reports on the provisions of this subchapter and its implementation, provided that such information and reports are presented in a form which does not disclose the identity of individual persons or individual milk producers whose activities or products are the subject of the information.

    Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner".

§ 2767. Reciprocity.

A person may offer for retail sale in this State milk and dairy products from other states and countries, the label of which displays the claim that rbST has not been used in the production of the milk or dairy products, if the milk or dairy products are identified by the Secretary:

  1. as from a state or country which has a law comparable to this subchapter and the milk or dairy products are labeled in compliance with the law of that state or country; or employs other methods administered by the state or country acceptable to the Secretary for verifying claims that rbST has not been used in milk production and processing;
  2. as provided by a handler which employs a method acceptable to the Secretary for verifying claims that rbST has not been used in milk production and processing; or
  3. as from a state or country with a law or laws precluding the use of rbST in the production of milk.

    Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 2768. Rules.

The Secretary may adopt rules to implement this subchapter.

Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner".

CHAPTER 152. SALE OF UNPASTEURIZED (RAW) MILK

Sec.

History

Legislative findings. 2009, No. 62 , § 1 provides: "(a) Vermont farmers who currently sell unpasteurized (raw) milk directly to consumers operate in a largely unregulated environment that fails to address a full range of food safety issues, and in which restricted supply is the primary method of addressing food safety concerns.

"(b) There are widely divergent views on unpasteurized milk's benefits and risks.

"(c) Vermont's current unpasteurized milk law also limits economic development opportunities. Farmers sell their unpasteurized milk for $5.00 to $10.00 per gallon, which represents an economic opportunity.

"(d) The purpose of this act is to allow farmers to sell larger quantities of unpasteurized milk while at the same time creating new sanitary production, marketing, and consumer education standards."

§ 2775. Limited sale of unpasteurized (raw) milk permissible.

Notwithstanding section 2701 of this title, the production and sale of unpasteurized milk to a consumer for personal consumption is permitted within the State of Vermont only when produced, marketed, and sold in conformance with this chapter.

Added 2009, No. 62 , § 2; amended 2011, No. 39 , § 3, eff. May 19, 2011.

History

Amendments--2011. Section amended generally.

§ 2776. Definitions.

In this chapter:

  1. "Consumer" means a customer who purchases, barters for, receives delivery of, or otherwise acquires unpasteurized milk according to the requirements of this chapter.
  2. "Milk" shall have the same meaning as set forth in section 2672 of this title.
  3. "Personal consumption" means the use by a consumer of unpasteurized milk for food or to create a food product made with or from unpasteurized milk that is intended to be ingested by the consumer, members of his or her household, or any nonpaying guests.
  4. "Unpasteurized milk" or "unpasteurized (raw) milk" means milk that is unprocessed.
  5. "Unprocessed" means milk that has not been modified from the natural state it was in as it left the animal, other than filtering, packaging, and cooling.

    Added 2009, No. 62 , § 2; amended 2011, No. 39 , § 3, eff. May 19, 2011; 2013, No. 149 (Adj. Sess.), § 1; 2017, No. 75 , § 13, eff. June 12, 2017.

History

Amendments--2017. Added new subdiv. (2) and redesignated former subdivs. (2) through (4) as present subdivs. (3) through (5).

Amendments--2013 (Adj. Sess.). Subdiv. (1): Inserted "receives delivery of," following "barters for," and substituted "according to the requirements of this chapter" for "from the farm or delivered from the farm" at the end.

Amendments--2011. Section amended generally.

§ 2777. Standards for the sale of unpasteurized (raw) milk.

  1. Unpasteurized milk shall be sold directly from the producer to the consumer for personal consumption only and shall not be resold.
  2. Unpasteurized milk shall be sold only from the farm on which it was produced except when sale or delivery off the farm is allowed under section 2778 of this chapter. Unpasteurized milk shall not be offered as free samples at any location other than on the farm on which the milk was produced.
  3. Unpasteurized milk operations shall conform to reasonable sanitary standards, including:
      1. Unpasteurized milk shall be derived from healthy animals that are subject to appropriate veterinary care, including rabies vaccination according to accepted vaccination standards established by the Agency. (1) (A) Unpasteurized milk shall be derived from healthy animals that are subject to appropriate veterinary care, including rabies vaccination according to accepted vaccination standards established by the Agency.
      2. A producer shall ensure that all ruminant animals are tested for brucellosis and tuberculosis, according to accepted testing standards established by the Agency, prior to the sale of unpasteurized milk.
      3. A producer shall ensure that dairy animals entering the producer's milking herd, including those born on the farm, are tested for brucellosis and tuberculosis, according to accepted testing standards established by the Agency, prior to the animal's milk being sold to consumers, unless:
        1. The dairy animal has a negative U.S. Department of Agriculture approved test for brucellosis within 30 days prior to importation into the State, in which case a brucellosis test shall not be required;
        2. The dairy animal has a negative U.S. Department of Agriculture approved tuberculosis test within 60 days prior to importation into the State, in which case a tuberculosis test shall not be required;
        3. The dairy animal leaves and subsequently reenters the producer's herd from a state or Canadian province that is classified as "certified free" of brucellosis and "accredited free" of tuberculosis or an equivalent classification, in which case a brucellosis or tuberculosis test shall not be required.
      4. A producer shall post test results and verification of vaccinations on the farm in a prominent place and make results available to customers and the Agency.
    1. The animal's udders and teats shall be cleaned and sanitized prior to milking.
    2. The animals shall be housed in a clean, dry environment
    3. Milking equipment shall be of sanitary construction, cleaned after each milking, and sanitized prior to the next milking.
    4. Milking shall be conducted in a clean environment appropriate for maintaining cleanliness.
    5. The farm shall have a potable water supply which is sampled for bacteriological examination according to Agency standards every three years and whenever any alteration or repair of the water supply has been made.
    6. If an animal is treated with antibiotics, that animal's milk shall be tested for and found free of antibiotics before its milk is offered for sale.
  4. Unpasteurized milk shall conform to the following production and marketing standards:
    1. Record keeping and reporting.
      1. A producer shall collect one composite sample of unpasteurized milk each day and keep the previous 14 days' samples frozen. The producer shall provide samples to the Agency if requested.
      2. A producer shall maintain a current list of all customers, including addresses, telephone numbers, and, when available, e-mail addresses.
      3. The producer shall maintain a list of transactions for at least one year that shall include customer names, the date of each purchase, and the amount purchased.
    2. Labeling.  Unpasteurized (raw) milk shall be labeled as such, and the label shall contain:
      1. The date the milk was obtained from the animal.
      2. The name, address, zip code, and telephone number of the producer.
      3. The common name of the type of animal producing the milk, such as cattle, goat, sheep, or an image of the animal.
      4. The words "Unpasteurized (Raw) Milk. Keep Refrigerated." on the container's principal display panel, and these words shall be clearly readable in letters at least one-eighth inch in height and prominently displayed.
      5. The words "Consuming raw unpasteurized milk may cause illness, particularly in children, seniors, persons with weakened immune systems, and pregnant women." on the container's principal display panel and clearly readable in letters at least one-sixteenth inch in height.
    3. Temperature.  Unpasteurized milk shall be cooled to 40 degrees Fahrenheit or lower within two hours of the finish of milking and so maintained until it is obtained by the consumer. All farms shall be able to demonstrate to the Agency's inspector that they have the capacity to keep the amount of milk sold on the highest volume day stored and kept at 40 degrees Fahrenheit or lower in a sanitary and effective manner.
    4. Storage.  An unpasteurized milk bulk storage container shall be cleaned and sanitized after each emptying. Each container shall be emptied within 24 hours of the first removal of milk for packaging. Milk may be stored for up to 72 hours, but all storage containers shall be emptied and cleaned at least every 72 hours. Unless milk storage containers are cleaned and sanitized daily, a written log of dates and times when milking, cleaning, and sanitizing occur shall be posted in a prominent place and be easily visible to customers.
    5. Shelf life.  Unpasteurized milk shall not be transferred to a consumer after four days from the date on the label.
    6. Customer inspection and notification.
      1. The producer shall provide the customer with the opportunity to tour the farm and any area associated with the milking operation. The producer shall permit the customer to return to the farm at a reasonable time and at reasonable intervals to reinspect any areas associated with the milking operation.
        1. A sign, provided by the Agency of Agriculture, Food and Markets, that is 8 and one half inches by 11 inches in size with the words "Unpasteurized (Raw) Milk. Keep Refrigerated." "Consuming raw unpasteurized milk may cause illness, particularly in children, seniors, persons with weakened immune systems, and pregnant women." shall be displayed prominently on the farm in a place where it can be easily seen by customers. The text of the sign required under this subdivision shall be clearly visible and easily readable to consumers on the farm or at a farmers' market. (B) (i) A sign, provided by the Agency of Agriculture, Food and Markets, that is 8 and one half inches by 11 inches in size with the words "Unpasteurized (Raw) Milk. Keep Refrigerated." "Consuming raw unpasteurized milk may cause illness, particularly in children, seniors, persons with weakened immune systems, and pregnant women." shall be displayed prominently on the farm in a place where it can be easily seen by customers. The text of the sign required under this subdivision shall be clearly visible and easily readable to consumers on the farm or at a farmers' market.
        2. The Secretary of Agriculture, Food and Markets shall post a copy of the sign required under subdivision (6)(B)(i) of this section to the website of the Agency of Agriculture, Food and Markets for use by producers.
  5. A producer selling 87.5 or fewer gallons (350 quarts) of unpasteurized milk per week shall meet the requirements of subsections (a) through (d) of this section and shall sell unpasteurized milk from the farm on which it was produced. A producer selling 87.5 or fewer gallons of unpasteurized milk may choose to meet the requirements of subsection (f) of this section, in which case the producer may deliver or sell in accordance with section 2778 of this title.
  6. A producer selling more than 87.5 gallons to 350 gallons (more than 350 to 1,400 quarts) of unpasteurized milk per week shall meet the requirements of subsections (a) through (d) of this section as well as the following standards:
    1. Inspection.  The Agency shall annually inspect the producer's facility and determine that the producer is in compliance with the sanitary standards listed in subsection (c) of this section.
    2. Bottling.  Unpasteurized milk shall be sold in containers that have been filled by the producer. Containers shall be cleaned by the producer except that the producer may allow customers to clean their own containers only if each customer's container is labeled with the customer's name and address and the customers use their own containers. Producers shall ensure that only clean bottles are filled and distributed.
    3. Testing.
      1. A producer shall have unpasteurized milk tested twice per month by a U.S. Food and Drug Administration accredited laboratory using accredited lab approved testing containers. Milk shall be tested for the following and the results shall be below these limits:
        1. total bacterial (aerobic) count: 15,000 cfu/ml (cattle and goats);
        2. total coliform count: 10 cfu/ml (cattle and goats); and
        3. somatic cell count: 225,000/ml (cattle); 500,000/ml (goats).
      2. The producer shall ensure that all test results are forwarded to the Agency, by the laboratory, upon completion of testing or within five days of receipt of the results by the producer.
      3. The producer shall keep test results on file for one year and shall post results on the farm in a prominent place that is easily visible to customers. The producer shall provide test results to the farm's customers if requested.
      4. The Secretary shall issue a warning to a producer when any two out of four consecutive, monthly tests exceed the limits. The Secretary shall have the authority to suspend unpasteurized milk sales if any three out of five consecutive, monthly tests exceed the limits until an acceptable sample result is achieved. The Secretary shall not require a warning to the consumer based on a high test result.
    4. Registration.  Each producer operating under this subsection shall register with the Agency.
    5. Reporting.  On or before March 1 of each year, each producer shall submit to the Agency a statement of the total gallons of unpasteurized milk sold in the previous 12 months.
    6. Off-farm sale and delivery.  The sale and delivery of unpasteurized milk is permitted as provided for under section 2778 of this title.
  7. The sale of more than 350 gallons (1,400 quarts) of unpasteurized milk in any one week is prohibited.

    Added 2009, No. 62 , § 2; amended 2011, No. 39 , § 3, eff. May 19, 2011; 2013, No. 96 (Adj. Sess.), § 15; 2013, No. 149 (Adj. Sess.), § 2; 2015, No. 23 , § 142; 2015, No. 39 , § 29, eff. May 28, 2015; 2019, No. 64 , § 3.

History

Editor's note. Subdivs. (c)(2)-(7) are included in this supplement to correct a codification error.

Amendments--2019. Subsec. (b): Substituted "sale or delivery off the farm is allowed under" for "delivery is arranged in conformance with" in the first sentence, and deleted "sold or" following "shall not be" in the second sentence.

Subdiv. (c)(1)(A): Substituted "that" for "which" following "healthy animals".

Subdiv. (d)(1)(C): Substituted "that" for "which" following "for at least one year".

Subdiv. (d)(2)(D): Deleted "Not pasteurized" following "Unpasteurized (Raw) Milk".

Subdiv. (d)(2)(E): Amended generally.

Subdiv. (d)(6)(B): Added (i) designation, rewrote former subdiv. (d)(6)(B), and added subdiv. (d)(6)(B)(ii).

Subsec. (e): Deleted "only" preceding "from the farm", and inserted "or sell" in the last sentence.

Subdiv. (f)(2): Substituted "that" for "which" following "sold in containers" in the first sentence.

Subdiv. (f)(6): Inserted "sale and" preceding "delivery" in the first and second sentences, and substituted "as provided for under" for "and shall be in compliance with" following "milk is permitted" in the second sentence.

Amendments--2015. Act No. 23 and No. 39 amended section generally.

Amendments--2013 (Adj. Sess.). Subdivs. (d)(2)(E) and (d)(6)(B): Act No. 96 substituted "elders" for "the elderly" and made a minor stylistic change.

Subdiv. (d)(3): Act No. 149 inserted "or lower" following "Fahrenheit", and added the second sentence.

Subdivs. (d)(4) and (d)(5): Act No. 149 added, and redesignated former subdiv. (d)(4) as present (d)(6).

Subdiv. (d)(6)(A): Act No. 149 inserted "the new customer shall visit the farm and" following "to a new customer", and substituted "the opportunity to tour the" for "a tour of" preceding "the farm and any area", "The producer shall permit the customer" for "Customers are encouraged and shall be permitted" at the beginning of the second sentence, and "reinspect" for "re-inspect" following "reasonable intervals to".

Subsec. (e): Act No. 149 substituted "87.5" for "12.5" preceding "or fewer gallons" twice, "(350 quarts)" for "(50 quarts)" preceding "of unpasteurized milk", "week" for "day" following "unpasteurized milk per", and "title" for "chapter" at the end.

Subsec. (f): Act No. 149 substituted "more than 87.5 gallons to 280 gallons (more than 350 to 1120 quarts) of unpasteurized milk per week" for "12.6 to 40 gallons (50.4 to 160 quarts) of unpasteurized milk per day" following "Producers selling".

Subsec. (g): Act No. 149 substituted "280 gallons (1120 quarts) of unpasteurized milk in any one week" for "40 gallons (160 quarts) of unpasteurized milk in any one week" following "more than".

Amendments--2011. Subsec. (a): Deleted "for fluid consumption" following "milk" and substituted "consumer for personal consumption only" for "end user".

§ 2778. Sale or delivery of unpasteurized (raw) milk.

  1. Sale or delivery of unpasteurized milk off the farm is permitted only within the State of Vermont and only of milk produced by a producer meeting the requirements of subsection 2777(f) of this chapter.
  2. Sale or delivery of unpasteurized milk off the farm shall conform to the following requirements:
    1. Vendors shall verbally inform each customer of the need to keep milk refrigerated.
    2. A producer may sell or deliver unpasteurized milk directly to the customer:
      1. at the customer's home or may deliver it to the customer's home when delivery is into a refrigerated unit at the customer's home if such unit is capable of maintaining the unpasteurized milk at 40 degrees Fahrenheit or lower until obtained by the customer; or
      2. at a farmers' market, as that term is defined in section 5001 of this title, where the producer is a vendor.
    3. During delivery or storage prior to sale, unpasteurized milk shall be protected from exposure to direct sunlight.
    4. During delivery or storage prior to sale, unpasteurized milk shall be kept at 40 degrees Fahrenheit or lower at all times.
  3. A producer may contract with another individual to deliver the unpasteurized milk in accordance with this section. The producer shall be jointly and severally liable for the delivery of the unpasteurized milk in accordance with this section.
  4. Prior to delivery or sale at a farmers' market under this section, a producer shall submit to the Agency of Agriculture, Food and Markets written or electronic notice of intent to deliver or sell unpasteurized milk at a farmers' market. The notice shall:
    1. include the producer's name and proof of registration;
    2. identify the farmers' market or markets where the producer will deliver milk; and
    3. specify the day or days of the week on which delivery or sale will be made at a farmers' market.
  5. A producer selling or delivering unpasteurized milk at a farmers' market under this section shall display the registration required under subdivision 2777(f)(4) of this title and the sign required under subdivision 2777(d)(6) on the farmers' market stall or stand in a prominent manner that is clearly visible to consumers.

    Added 2009, No. 62 , § 2; amended 2013, No. 149 (Adj. Sess.), § 3; 2015, No. 39 , § 29, eff. May 28, 2015; 2019, No. 64 , § 3.

History

Amendments--2019. Section heading: Inserted "Sale or" preceding "delivery of".

Subsec. (a): Substituted "Sale or delivery" for "Delivery" preceding "of unpasteurized milk off the farm".

Subsec. (b): Substituted "Sale or delivery of unpasteurized milk off the farm" for "Delivery".

Subdiv. (b)(1): Amended generally.

Subdiv. (b)(2): Inserted "sell or" and "unpasteurized milk".

Subdiv. (b)(2)(A): Inserted "may deliver it to the customer's home when delivery is" preceding "into a refrigerated unit," and added "or" at the end.

Subdiv. (b)(3): Inserted "or storage prior to sale" following "During delivery".

Subdiv. (b)(4): Inserted "or storage prior to sale" following "During delivery".

Subsec. (d): Inserted "or sale" following "Prior to delivery," and added "or sell" following "intent to deliver" in the first sentence.

Subdiv. (d)(3): Inserted "or sale" following "on which delivery".

Subsec. (e): Inserted "selling or" preceding "delivering unpasteurized milk".

Amendments--2015. Section amended generally.

Amendments--2013 (Adj. Sess.). Subdiv. (b)(1)(A) designation, subdiv. (b)(2)(B), and subsecs. (d) and (e): Added.

CHAPTER 153. STANDARDS AND PURITY

Subchapter 1. Dilution or Adulteration

Cross References

Cross references. Regulation of drug content in milk, see § 2744a of this title.

§ 2801. Adulteration prohibited.

It is prohibited to sell, transfer, or offer for sale any adulterated dairy product which does not conform to Vermont statutes and regulations adopted thereunder. Nothing herein shall be construed to prohibit the salvage of milk solids for human consumption under regulations adopted by the Secretary.

Added 1965, No. 175 , § 14; amended 1969, No. 73 , § 5, eff. April 18, 1969; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 4, eff. May 19, 2011.

History

Amendments--2011. Deleted "or adulterated imitation dairy product" following "product" in the first sentence.

Amendments--2003. Substituted "secretary" for "commissioner" in the second sentence.

Amendments--1969. Rewrote the first sentence.

§ 2802. Foreign fats prohibited.

A person, firm, or corporation, by himself or herself, his or her servant or agent, or as the servant or agent of another, shall not manufacture, sell, or exchange, or have in possession with intent to sell or exchange, any dairy products or any of the fluid or solid derivatives of any of them to which has been added any fat or oil other than milk fat, except chocolate ice cream and chocolate milk, which may contain the amount of fats other than milk fat normally contained in the chocolate or cocoa used in the manufacture of chocolate ice cream and chocolate milk. This section does not prohibit a fat substitute if it is approved for insertion into a dairy product by the U.S. Food and Drug Administration and is clearly identified in the list of ingredients on the label.

Added 1965, No. 175 , § 15; amended 2011, No. 39 , § 4, eff. May 19, 2011.

History

Amendments--2011. Inserted "or herself" following "himself" and "or her" following "his" and added the second sentence.

Subchapter 2. Labeling; Weights and Measures; Tests

Cross References

Cross references. Registration of name or mark for milk receptacles, see 9 V.S.A. § 2571.

§ 2811. Marking of retail packages.

    1. All retail packages of dairy products and fluid dairy products sold or offered for sale shall be plainly and conspicuously marked with: (a) (1)  All retail packages of dairy products and fluid dairy products sold or offered for sale shall be plainly and conspicuously marked with:
      1. The true name of the product as defined by statute or regulation.
      2. The true name of all ingredients in descending order of importance if it is not a single defined product.
      3. The name and address of the producer or handler.
      4. The net weight or volume of package contents.
    2. The Secretary may assign identifying numbers for milk plants, which may appear on the package.
  1. The following situations are exempted from the operation of subsection (a) of this section:
    1. Milk sold by a producer to a handler.
    2. A producer who sells unpasteurized (raw) milk pursuant to chapter 152 of this title.

      Added 1965, No. 175 , § 3; amended 1969, No. 73 , § 6, eff. April 18, 1969; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 4, eff. May 19, 2011.

History

Revision note. In the introductory clause of subsec. (b), added "of this section" following "subsection (a)" to conform reference to V.S.A. style.

Amendments--2011. Subdiv. (a)(1): Inserted "and" preceding "fluid" and deleted "and imitation dairy products" preceding "sold".

Subdiv. (a)(2): Deleted "and imitation dairy products plants" following "plants".

Subdiv. (b)(2): Substituted "sells unpasteurized (raw) milk pursuant to chapter 152 of this title" for "does not deliver and who does not sell or offer for sale more than 25 quarts of milk to the public in any one day" following "who".

Amendments--2003. Substituted "secretary" for "commissioner" in subdiv. (a)(4).

Amendments--1969. Subsec. (a): Rewrote the first paragraph and inserted "and imitation dairy products plants" following "milk plants" in the second paragraph.

Cross References

Cross references. Labeling of dairy products not produced with rbST, see § 2762 of this title.

Labeling of irradiated foods, see § 201 of this title.

Packaging of fluid dairy products for retail sale, see 9 V.S.A. § 2695.

§ 2812. False, misleading, or fraudulent statements.

No false, misleading, or fraudulent statement shall appear on a retail package, display material, or advertising connected therewith. The words dairy, milk, cream, dairy farm, cow, and all words or pictures of similar connotation shall not be used on packages of imitation dairy products, products in semblance of dairy products, or in the display material or advertising connected therewith.

1965, No. 175 , § 4.

§ 2813. Testing utensils.

  1. Bottles, pipettes, or measuring glasses used by a person in determining by test the value of milk or cream received from other persons, before use, may be tested for accuracy of measurement and for accuracy of the percent scale marked thereon, by the State Agency of Agriculture, Food and Markets.
  2. The Secretary may enter into reciprocal agreements with other states with regard to testing equipment or may accept tests conducted by other states having substantially the same tests.

    1965, No. 175 , § 9; amended 1967, No. 52 ; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Deleted "; marking; expenses" from the end of the section catchline to conform the catchline to the text of the section, as amended.

Amendments--2003. Subsec. (a): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Subsec. (b): Substituted "secretary" for "commissioner".

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "department of agriculture, food and markets"' for "department of agriculture".

Amendments--1967. Subsec. (a): Deleted the second and third sentences.

Cross References

Cross references. Calibration of bulk milk tanks, see 9 V.S.A. § 2692.

Central testing laboratory, see § 121 of this title.

§ 2814. Tests of sample by Secretary.

The producers and handlers of milk and dairy products may request the Secretary to make bacteriological or chemical tests, or both, of their dairy products and water in the central testing laboratory of the Agency of Agriculture, Food and Markets. If, in the opinion of the Secretary, these tests can be made without interfering with regulatory work, the Secretary or his or her agent may perform them. A handler for whom such tests are made shall pay fees as, in the opinion of the Secretary, will cover the cost of performing the tests.

1965, No. 175 , § 12; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1999, No. 49 , § 122; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. In the first sentence, substituted "central testing" for "dairy" preceding "laboratory" to conform reference to § 121 of this title, as amended.

Amendments--2003. Substituted "secretary" for "commissioner" in the section catchline and wherever it appeared throughout the section.

Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in two places within the section.

Amendments--1999 Inserted "or her" following "or his" in the second sentence and deleted the fourth and fifth sentences.

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in the first and fifth sentences.

Cross References

Cross references. Fees for tests conducted at central testing laboratory, see § 122 of this title.

§ 2815. Records and reports.

  1. Each handler shall record and preserve for one year all purchases and sales by weight or volume, butterfat or solids tests, or any other tests that are used as a basis for payment or determination of quality for dairy products delivered by a producer.  The record shall show the name and number of the producer, the period covered by the test, and the date the test was made.  This record shall be signed by the licensed technician performing the tests and shall be available for examination by the Secretary at all times.
  2. The handler shall immediately furnish each producer for each delivery a statement showing the weight or volume of dairy product, the producer's name and number, the handler's name, the date, and other information required by the Secretary.
  3. Each payment to each producer shall be accompanied by a statement showing the period covered, the producer's name and number, unit price, weight or volume for the period covered, the results of all tests used as a basis for payment, a detailed statement of all deductions, and other appropriate information.
  4. The Secretary shall upon request make available to the persons directly involved, the results of all tests made by him or her to check the accuracy of tests performed by the milk handler.

    1965, No. 175 , § 13; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Deleted a comma following "request" in subsec. (d) to correct a grammatical error.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Annotations From Former § 1969

1. Construction with other laws.

Statute prohibiting the sale of milk diluted with water was not supplanted or modified by this section. State v. Field, 95 Vt. 375, 115 A. 296 (1921).

Annotations From Former § 1969

2. Agreement of parties.

Use of test approved by commissioner was not required when parties in writing had provided method of determining payment. 1946-48 Op. Atty. Gen. 50.

Agreement on price in written contract did not exempt transaction from price fixing authority of board. 1936-38 Op. Atty. Gen. 87.

Annotations From Former § 2253

1. Results of tests.

Commissioner could mail results of check tests to residents and nonresidents alike. 1938-40 Op. Atty. Gen. 64.

§ 2816. Preliminary incubation testing; rejection of supply.

A handler shall not reject the milk supply of a producer based solely on a preliminary incubation count.

Added 2009, No. 147 (Adj. Sess.), § 2, eff. July 1, 2011.

CHAPTER 155. FROZEN DESSERTS

Sec.

§ 2851. Definitions.

  1. "Frozen desserts" means all ice cream, frozen custards, ice milks, fruit sherbets, water ices, quiescently frozen confections, and frozen whipped creams and other like products defined by regulations made under this chapter.
  2. "Frozen dessert mix" means any unfrozen mixture to be used in the manufacture of frozen desserts or milk shakes offered for sale or resale.

    1965, No. 175 , § 69.

History

Revision note. At the end of subsec. (a), substituted "chapter" for "subchapter" to conform reference to the classification of sections 68-72 of subchapter V of 1965, No. 175 , as this chapter.

§ 2852. Regulations.

The Secretary of Agriculture, Food and Markets may make regulations establishing, for frozen desserts and frozen dessert mixes, reasonable standards as to identity, quality, and fill of container. The Secretary may make regulations setting bacteriological standards and governing the sanitary requirements relative to the manufacture, distribution, and sale of all such food products. No regulations may be made without due notice and public hearing.

1965, No. 175 , § 71; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "department of agriculture, food and markets".

Cross References

Cross references. Labeling of dairy products not produced with rbST, see § 2762 of this title.

Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

Annotations From Former § 2344

1. Validity.

This section gave the commissioner latitude as to regulations which he could adopt and so long as such regulations were in the public interest, pertinent to the frozen dairy products industry, and neither harsh, arbitrary nor discriminating, they would be lawful and enforceable. 1954-56 Op. Atty. Gen. 30.

Regulation requiring manufacturer of frozen dairy products to place posters or placards in each location where his produce might be sold, setting forth the required information as to every item thereof manufactured by him, would not be an unreasonable requirement. 1952-54 Op. Atty. Gen. 34.

§ 2853. Minimum standards.

The minimum standards of strength, quality, purity, and identity as to certain frozen dairy products shall be as stated by this chapter. However, the provisions of this chapter as relate to type or content of sweetening agent shall not apply to frozen dairy products manufactured for sale to diabetic persons. The Secretary shall regulate the labeling of frozen dairy products manufactured for sale to diabetic persons.

1965, No. 175 , § 68; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Substituted "chapter" for "subchapter" in the first and second sentences to conform references to the classification of sections 68-72 of subchapter V of 1965, No. 175 , as this chapter.

Substituted "relate" for "relates" preceding "to type" in the second sentence to correct a grammatical error.

Amendments--2003. Substituted "secretary" for "commissioner" in the third sentence.

§ 2854. Conformity to standards.

Any food which is purported to be, or made in the likeness of, a frozen dessert, or mix thereof, for which a standard has been prescribed under this chapter shall not be sold or offered for sale unless under regulations established by the Secretary:

  1. It conforms to the definition and standard of identity, quality, and fill of containers for frozen dessert; and
  2. Its label bears the name of the food specified in the definition and standard, and insofar as may be required by such regulations, the common names of optional ingredients present in such foods; and
  3. It was manufactured, distributed, and sold in conformity to all sanitary requirements established; and
  4. It conforms to the bacteriological standards established by the Secretary for frozen desserts or for the ingredients from which these are made.

    1965, No. 175 , § 70; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Substituted "chapter" for "subchapter" following "prescribed under this" in the introductory paragraph to conform reference to the classification of sections 68-72 of subchapter V of 1965, No. 175 , as this chapter.

Amendments--2003. Substituted "secretary" for "commissioner" in the intro. paragraph and subdiv. (4).

§ 2855. Licenses.

No person shall manufacture for sale frozen desserts unless that person first secures a license from the Secretary of Agriculture, Food and Markets. Applications shall be made on forms furnished by the Secretary and be accompanied by a fee of $75.00. All licenses shall terminate on December 31 of each year. Frozen dessert licenses may be revoked or suspended for cause following due notice and hearing.

Added 1965, No. 175 , § 72; amended 1975, No. 220 (Adj. Sess.), § 14; 1989, No. 257 (Adj. Sess.), § 14; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 33 , § 11; 2015, No. 149 (Adj. Sess.), § 17.

History

Amendments--2015 (Adj. Sess.). Substituted $75.00" for "$70.00" following "fee of"; inserted "on" preceding "December"; and substituted "December 31" for "December 31st" preceding "of each year".

Amendments--2011. Substituted "$70.00" for "$35.00" at the end of the second sentence.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" and "secretary" for "commissioner".

Amendments--1989 (Adj. Sess.). Substituted "that person" for "he" preceding "first" in the first sentence and deleted "which shall provide for such information as the commissioner may require" preceding "and be accompanied" and substituted "$35.00" for "$17.00" following "fee of" in the second sentence.

Amendments--1975 (Adj. Sess.). Substituted "$17.00" for "$10.00" at the end of the second sentence.

§ 2856. Exemptions.

A person who holds a valid milk handler's license shall be exempt from all licensing provisions of this chapter.

Added 2011, No. 39 , § 5, eff. May 19, 2011.

CHAPTER 157. BONDS

Sec.

Cross References

Cross references. Commissioner as trustee of handlers' bonds, see § 2704 of this title.

§ 2881. Conditions and amount; failure to file.

  1. Except as provided in section 2882 of this title, no handler shall purchase milk from a Vermont producer or milk cooperative, either directly or through a marketing service owned by one or more cooperatives, and the Secretary shall not issue a handler's license, unless the handler furnishes the Secretary a good and sufficient surety bond, executed by a surety company duly authorized to transact business in this State in an amount equal to 50 percent for all species other than cattle, and 100 percent for cattle, of the maximum amount due all milk producers in the State who sold milk to the handler for a 41-day period during the previous 12 months. The Secretary may accept, in lieu of such bond, a guaranteed irrevocable letter of credit. The bonds shall be taken for the benefit of Vermont milk producers and milk cooperatives in this State. At any time in his or her discretion, the Secretary may require such handlers to file detailed statements of the business transacted by them in this State, and at any time may require them to give such additional bonds as he or she deems necessary. If the handler refuses or neglects to file the detailed statements or to give bonds required by the Secretary, the Secretary may suspend the license of the handler until he or she complies with the Secretary's orders. The Secretary shall report to the Attorney General the name of any handler doing business in this State without a license, or after suspension of its license by the Secretary, and the Attorney General shall forthwith bring injunction proceedings against the handler. Renewals of bonds specified in this section shall be furnished the Secretary 60 days before the effective date of the bond. If the handler fails to file the bonds as required, the Secretary shall forthwith publish the name of the handler in four newspapers of general circulation in the State for a period of three consecutive days and notify, by registered mail, producers supplying such handler.
  2. A milk cooperative that sells milk from a Vermont producer either directly or through a marketing service owned by one or more cooperatives shall file a monthly detailed report that states where the milk from each bulk tank unit served is sold and shall specify the volume of milk that is sold by Vermont cooperative members and independent producers who market their milk through a milk cooperative either directly or through a marketing service owned by one or more cooperatives.

    Added 1965, No. 175 , § 19; amended 1981, No. 198 (Adj. Sess.), § 13, eff. April 22, 1982; 1993, No. 109 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 48 , § 6, eff. May 28, 2009; 2011, No. 39 , § 6, eff. May 19, 2011.

History

Amendments--2011. Subsec. (a): Inserted "a" preceding "Vermont"; substituted "producer" for "producers" following "Vermont", "cooperative, either directly or through a marketing service owned by one or more cooperative" for "cooperatives" following "milk", "sold" for "sell" following "who", "The secretary" for "He or she" preceding "may" and inserted "Vermont" preceding "milk".

Subsec. (b): Added.

Amendments--2009. Subsec. (a): Amended generally.

Subsec. (b): Deleted and moved to 6 V.S.A. § 2882, exemption for handler payments to a producer who is a member of a milk cooperative which guarantees its milk checks.

Amendments--2003. Substituted "secretary" for "commissioner" and "secretary's" for "commissioner's".

Amendments--1993 (Adj. Sess.). Section amended generally.

Amendments--1981 (Adj. Sess.). Added "or twenty-five percent of the maximum amount paid to producers for a 41-day period during the previous twelve months whichever is less" following "$300,000.00" in the first sentence.

Severability-- 1981, No. 198 (Adj. Sess.). See note set out under § 2671 of this title.

Cross References

Cross references. Handlers' licenses, see § 2721 et seq. of this title.

Annotations From Former § 1965

1. Bond requirement.

Vermont corporation owned substantially by persons who produced milk in their own right and sold some, if not all, of it to the corporation and who executed an agreement waiving all rights with respect to the performance bond had to file a bond before a license was issued to it to do business. 1948-50 Op. Atty. Gen. 66.

Creamery company comprised of two partners, which purchased its milk solely from farms owned by one of the partners, was nevertheless required by this section to file a bond, since the individual partner who owned the farm was a patron distinct and separate from the partnership. 1950-52 Op. Atty. Gen. 63.

2. Bond coverage.

Bond furnished by a creamery did not cover claim of resident dealer who purchased milk from farm-producers and sold some of it to the bonded creamery. 1948-50 Op. Atty. Gen. 60.

3. Cash deposit.

A savings account which could not be withdrawn without ninety days' notice of intent to withdraw did not constitute a cash deposit within the meaning of this section. 1954-56 Op. Atty. Gen. 36.

§ 2882. Exemptions from filing bond.

  1. A milk cooperative or a nonprofit cooperative association organized under Vermont law or similar laws in other states shall not be required to furnish surety as provided in section 2881 of this title for payments made to a milk cooperative or to a producer who is a member of a milk cooperative.
  2. A handler who does not purchase milk from Vermont producers or milk cooperatives either directly or through a marketing service owned by one or more cooperatives shall not be required to furnish surety as provided under section 2881 of this title.
  3. A handler who pays for milk in advance or at the time of delivery shall not be required to furnish surety as provided under section 2881 of this title. Every producer, or milk cooperative either directly or through a marketing service owned by the cooperatives, selling milk to handlers who pay for milk in advance or at the time of delivery shall, on July 1 of each year, notify the Secretary in writing of the identity of each handler and shall promptly notify the Secretary in writing of any changes to the most recent notification.
  4. A handler who purchases fewer than 150,000 pounds of milk per month from a milk cooperative, either directly or through a marketing service owned by one or more cooperatives, shall not be required to furnish surety as provided under section 2881 of this title.

    Added 1965, No. 175 , § 25; amended 2009, No. 48 , § 6, eff. May 28, 2009; 2011, No. 39 , § 6, eff. May 19, 2011.

History

Amendments--2011. Subsec. (b): Inserted "either directly or through a marketing service owned by one or more cooperatives" following "cooperatives".

Subsec. (c): Deleted "a milk cooperative" following "pays"; inserted "producer, or" preceding "milk" and "either directly or through a marketing service owned by the cooperatives" following "cooperative" and deleted "January 1 and" preceding "July".

Subsec. (d): Inserted "either directly or through a marketing service owned by one or more cooperatives" following "cooperative".

Amendments--2009. Subsec. (a): Amended generally.

Subsec. (b): Deleted "or cream" following "milk" and inserted "or milk cooperatives" following "producers".

Subsecs. (c), (d): Added.

§ 2883. Nonpayment; forfeiture of bond.

When for a period of five days after the date required for payment of any amount due any of his or her producers, the handler fails to pay the amount due for products delivered or furnished by them for the preceding pay period, the handler, by reason of such nonpayment, shall be in default as to all producers whose accounts shall then remain unpaid, and the bond or other security provided for in section 2881 of this title shall be forfeited to the extent of all sums then due from such handler to its several producers in this State and, by virtue of such default, the conditions of the bond or other securities shall be deemed to be broken.

1965, No. 175 , § 22.

History

Revision note. Substituted "provided for in section 2881 of this title" for "hereinbefore provided" for purposes of clarity.

Cross References

Cross references. Producer's lien for unpaid purchase price, see § 2901 et seq. of this title.

Annotations From Former § 1971

1. Bankruptcy.

Where creamery was bankrupt, it was not necessary that patrons file their claims with receiver to protect their right against surety. 1930-32 Op. Atty. Gen. 53.

§ 2884. Proceedings for recovery on bond.

When the condition of a bond or other security is breached, if a producer or milk cooperative applies to a handler for payment of products furnished to that handler whose account remains unpaid as provided in section 2883 of this title, the Secretary shall institute appropriate proceedings thereon in his name as trustee for the benefit of all the producers or milk cooperatives in this State supplying the handler and to whom such handler may be indebted at the time the proceedings are instituted. The proceedings may be commenced in any county in this State where a producer of the handler resides.

Added 1965, No. 175 , § 24; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 6, eff. May 19, 2011.

History

Revision note. In the first sentence, substituted "provided in section 2883 of this title" for "hereinbefore provided" for purposes of clarity.

Amendments--2011. Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

Annotations From Former § 1973

1. Application.

This section applied where a bond was given by a third party and not to cash deposited in the commissioner's hands by the creamery or dairy. 1940-42 Op. Atty. Gen. 64.

2. Parties.

Where bond filed was joint and several, it was proper for commissioner to proceed against surety without joining insolvent dairy corporation as party defendant. 1930-32 Op. Atty. Gen. 52.

CHAPTER 159. PRODUCER'S LIEN

Sec.

Cross References

Cross references. Bonds of handlers, see § 2881 et seq. of this title.

§ 2901. Creation of lien.

The liability of a handler to a producer for the unpaid purchase price of dairy products purchased shall be a first lien on the real and personal property of a handler and shall have priority over any other claim or lien against the handler, except:

  1. Taxes assessed against such property of the handler by the municipality in which the property is located.
  2. A duly recorded mortgage, deed, or other conveyance to the extent that consideration therefor has been paid in good faith before the recording of a notice of such producer's lien as provided in section 2902 of this title.

    1965, No. 175 , § 26.

History

Revision note. At the end of subdiv. (2), substituted "provided in section 2902 of this title" for "hereinafter provided" for purposes of clarity.

Annotations From Former § 1970

1. Construction.

Companies that sold their dairy products to another company on credit were not entitled to lien given to patrons of creamery by this section. Clifford v. West Hartford Creamery Co., 103 Vt. 229, 153 A. 205 (1931).

2. Priority.

This section provided a lien in favor of patrons of the company which came ahead of subsequent mortgages or attachments and was subject to taxes or mortgages and liens which properly accrued before the account of the patron accrued. 1950-52 Op. Atty. Gen. 70.

§ 2902. Recording notice of lien.

A producer's lien shall not continue for more than 60 days from the time when payment became due for the last of the dairy products sold unless a notice of the lien is filed in the case of real estate in the office of the town clerk of the town where the real estate is located and in the case of personal property in the office of the town clerk of the town where the handler resides, or, if the handler resides out of state, then in the town where the personal property is located. Within ten days thereafter a copy of the memorandum shall be filed by the producer with the Secretary of Agriculture, Food and Markets, who may publish it as necessary to provide notice thereof to other producers of the handler.

1965, No. 175 , § 27; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the second sentence.

§ 2903. Effect of lien.

Unless the handler has paid the claim upon which the lien is founded, he or she shall not, after receipt of written notice of a producer's lien, mortgage or otherwise convey any property upon which a producer's lien is claimed without disclosing in writing such lien to the vendee or mortgagee or stating the existence of it in the instrument conveying or mortgaging the property. If a handler fails so to disclose a producer's lien, he or she shall be liable to any person thereby injured in an action on this statute for the damages sustained.

1965, No. 175 , § 28.

History

Revision note. Deleted "founded in tort" following "action" in the last sentence to conform reference to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under § 219 of Title 4.

§ 2904. Action to enforce lien.

Not less than 30 nor more than 90 days from the time of filing the notice of lien, the producer may commence an action to perfect his or her lien. The action shall be commenced by causing the real estate or other property against which the lien is claimed to be attached as upon mesne process. Any producer who has duly recorded a notice of lien against the property prior to the commencement of such action may join in the suit. All items perfected by the suit shall be paid pro rata if the property of the handler is not sufficient to pay them in full.

1965, No. 175 , § 29.

History

Editor's note. The language of the second sentence providing that the action "shall be commenced by causing the real estate or other property against which the lien is claimed to be attached as upon mesne process" is obsolete. An action where attachment of real or personal property is to be made is commenced by filing a complaint. See V.R.C.P. 3.

§ 2905. Foreclosure and sale.

Within 90 days after the date of judgment in the suit to perfect the lien or liens, the plaintiff may cause a certified copy thereof to be recorded in the office of the clerk of the town in which the notice of lien was originally filed. Such judgment order shall state the period, not exceeding one year, in which the right of the defendant to redeem the property may be exercised, or, alternatively, shall provide for the time, place, manner, and notice of a sale of the property and application of the proceeds therefrom in payment of the producer's liens and the lawful claims of others in the property.

1965, No. 175 , § 30.

CHAPTER 161. VERMONT MILK COMMISSION

History

Amendments--1991 1991, No. 17 , § 8(b), eff. April 4, 1991, substituted "Vermont Milk Commission" for "Milk Control Board" in the chapter heading.

Vermont Milk Commission; producer price stabilization. 2009, No. 48 , § 1, eff. May 28, 2009, provides: "(a) The general assembly finds that the recent precipitous drop in producer prices is causing a tremendous burden on Vermont dairy producers and the industry at large and that this burden must be alleviated as quickly as possible.

"(b) The general assembly followed the proceedings of the Vermont milk commission during the summer and fall of 2008 and finds that the commission has held public hearings and undertaken deliberations regarding the adoption of an over-order premium but did not reach a final disposition.

"(c) Therefore, the milk commission shall resume deliberations on the commission's latest version of a 'proposed order to establish a retail fluid milk premium' first issued on September 9, 2008."

Premium start-up funding. 2009, No. 48 , § 3, eff. May 28, 2009, provides: "(a) The commission may impose an assessment to cover the administrative costs of its activities required by Sec. 1 of this act. An assessment under this section shall not exceed $35,000.00.

"(b) The agency of agriculture, food and markets may borrow from its own general fund to cover these administrative expenses, and the milk commission shall reimburse the agency of agriculture, food and markets' general fund upon receipt of the proceeds of the assessment authorized by subsection (a) of this section."

Producer referendum. 2009, No. 48 , § 4, eff. May 28, 2009, provides: "(a) If adopted pursuant to this act, a final order by the Vermont milk commission to establish a retail fluid milk premium shall be submitted by Vermont dairy producers to a producer referendum in accordance with part II, section 7 of the 'Vermont Milk Commission Procedure, Development and Issuance of an Order to Establish a Retail Fluid Milk Premium, Or Amendment of Such Order.' Notwithstanding the provisions of part III, section 8 of this commission procedure, however, the referendum shall not be conducted as a 'qualified cooperative representative vote,' but shall instead provide for individual ballot and vote by each Vermont producer.

"(b) The referendum shall be carried out and certified not more than 30 days after the adoption of a final order.

"(c) The commission shall file with the secretary of state and the legislative committee on administrative rules a letter explaining that a qualified cooperative representative vote pursuant to part III, section 8 of the 'Vermont Milk Commission Procedure, Development and Issuance of an Order to Establish a Retail Fluid Milk Premium, Or Amendment of Such Order' will not apply to an order adopted under this act. The commission shall also submit a copy of this act to the secretary of state and the legislative committee on administrative rules."

Subchapter 1. Vermont Milk Commission

History

Revision note. Substituted "Vermont Milk Commission" for "Milk Control Board" in the subchapter heading for purposes of conformity with 1991, No. 17 , § 8(a).

Vermont milk commission establishment of a minimum producer price. 2007, No. 50 , § 4 as amended by 2007, No. 157 (Adj. Sess.), § 1 and 2011, No. 3 , § 54 provides: "(a) The Vermont milk commission shall establish by order pursuant to its authority under chapter 161 of Title 6 a minimum producer price that is designed to reflect the cost of production."

Legislative purpose; intent. 2009, No. 148 (Adj. Sess.), § 1 provides: "(a) Sec. 4 of No. 50 of the Acts of 2007 directed that the 'Vermont milk commission shall establish by rule ... a minimum producer price that is designed to achieve a price by which the cost of picking up the milk and hauling the milk from the farm to the purchaser will be paid by the purchaser.

"(b) Under Sec. 6(c) of Act 50 (2007), the milk commission was directed to 'commence the rulemaking process necessary to implement the provisions of Sec. 4 ... within 60 days of the effective date of the act,' which became effective on May 26, 2007. Also under Sec. 6(c), the rule itself 'shall take effect when, by rule, legislation, or other agreement, New York and one other state in the Northeast Marketing Area, Federal Order 1, have accomplished the purpose of this act or on January 15, 2009, whichever comes first.

"(c) Sec. 4 of Act 50 (2007) was amended the following year by Sec. 1 of No. 157 of the Acts of the 2007 Adj. Sess. (2008), which split Sec. 4 into two subsections. Subsection (a) directed the Vermont Milk Commission to establish 'by order ... a minimum producer price that is designed to reflect the cost of production,' Subsection (b) mandated that 'The cost of picking up the milk and hauling the milk from the farm to the purchaser will be paid by the purchaser.' Sec. 6(c) of Act 50 (2007) was also amended to change the date certain for the effective date of the milk commission's order from January 15, 2009 to July 1, 2010.

"(d) Despite the mandate to the Vermont milk commission to adopt an order governing the minimum producer price and stop and hauling charges, no order was ever adopted. Furthermore, legal opinions differ as to the force and effect of the amendments made by Act 157 (2007 Adj. Sess.), and consequently, it remains uncertain whether and when the buyer of cows' milk, rather than the dairy producer, is responsible for paying dairy hauling costs.

"(e) The purpose of this act is to express the general assembly's intent that dairy hauling costs should be paid by the buyer of the cows' milk, rather than the dairy farmer."

§ 2921. Declaration of policy and purpose.

  1. It is hereby declared by the General Assembly that dairy farming is of paramount importance in helping to maintain a strong economy and in preserving the State's remaining rural character; that dairy farming at present is in serious jeopardy because of the rapidly declining price of milk being paid to producers while corresponding costs of production remain the same or increase; that the federal milk marketing order minimum price for milk is now and may be in the future inadequate to cover the costs of milk production and provide for a reasonable economic return to dairy producers; that the entire distribution structure of the milk industry is threatened; and that Vermont should ensure that there is an adequate supply of milk for the consuming public both inside and outside Vermont.  The General Assembly also reaffirms and restates its findings and statement of policy as set forth in section 2671 of this title.  Due to the uncertainty in the federal market order structure and marked fluctuations in market order prices, the dairy industry of the State is imperiled, which is a menace to the health, welfare, and reasonable comfort of the inhabitants of the State.
  2. The general purposes of this subchapter are to protect and promote the public welfare by insuring at all times an adequate supply of clean, pure milk and cream of proper quality to meet the needs of the inhabitants of this State and to ensure the continuing economic vitality of the dairy industry by stabilizing the price received by farmers for their milk at a level allowing them an equitable rate of return.  These purposes are to be accomplished through regulation of the milk-marketing industry, and through control in general, consistent with constitutional limitations, of the price of all fluid dairy products sold or offered or exposed for sale to the inhabitants of this State and by Vermont farmers, to the end that the public health and economic welfare of the State shall not be menaced or jeopardized.

    1965, No. 175 , § 39; amended 1991, No. 17 , § 2, eff. April 4, 1991.

History

Amendments--1991. Amended section generally.

Cross References

Cross references. Northeast Interstate Compact for diary pricing, see § 1801 et seq. of this title.

Annotations From Former § 2501

1. Construction.

This section was in effect a declaration that the improper trade practices were likely to result in a loss or substantial lessening of the supply of milk of proper quality so that public health was thereby likely to be impaired or deteriorated. In re Swanton Market Area, 112 Vt. 285, 23 A.2d 536 (1942).

§ 2922. Vermont Milk Commission; membership.

There shall be a Vermont Milk Commission, to consist of nine members, one member of which shall be the Secretary of Agriculture, Food and Markets. The Secretary shall be chair of the Commission and serve without compensation. A quorum shall be a majority of the Commission. The Commission shall act only by an affirmative vote of at least six members. The remaining Commission members shall serve for terms of three years, except for the legislative members who shall serve for the term of their election, and be chosen as follows:

  1. Each dairy farmer cooperative, and each proprietary handler purchasing milk from independent farmers, doing business in the State and registered with the Secretary of State's office shall submit the name of a Vermont dairy farmer with knowledge of the production and marketing of dairy products to the Vermont Dairy Industry Association.  The Board of Directors of the Association shall submit the names of four of these persons to the Governor, who shall appoint two Commission members from the list submitted.  The initial appointment of one of these members shall be for a term of two years.
  2. Each milk handler doing business in the State and registered with the Secretary of State's office shall submit the name of one such handler with knowledge and experience in the marketing of dairy products to the Vermont Dairy Industry Association.  The Board of Directors of the Association shall submit three names to the Governor, who shall choose one Commission member from the list provided.  In compiling the lists under subdivisions (1) and (2) of this section, the Board shall consider whether the persons chosen sell their milk to or are handlers who purchase a substantial percentage of their milk from Vermont producers and utilize the milk purchased in the most advantageous manner possible.
  3. Two members representing milk consumers and having no pecuniary interest in the sale of milk or milk products shall be chosen by the Governor. The initial appointment of one of these members shall be for a term of one year.
  4. One dairy farmer, chosen directly by the Governor, who does not serve on the Board of Directors of any organization which handles or processes dairy products, nor is an officer of any organized farm organization in the State.
  5. One member from the House Committee on Agriculture and Forestry chosen by the Speaker and one member from the Senate Committee on Agriculture chosen by the President Pro Tempore of the Senate. For attendance at a meeting when the General Assembly is not in session, these two legislative members shall be entitled to the same per diem compensation and reimbursement of necessary expenses as provided members of standing committees under 2 V.S.A. § 406 .

    Added 1965, No. 175 , § 40; amended 1991, No. 17 , § 3; 1993, No. 127 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 157 (Adj. Sess.), § 3, eff. May 20, 2008.

History

Amendments--2007 (Adj. Sess.). Deleted the subsec. (a) designation; substituted "nine" for "seven" preceding "members" in the first sentence, added the third sentence, and inserted "except for the legislative members who shall serve for the term of their election" in the introductory paragraph; added subdiv. (5); and deleted former subsec. (b).

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subsec. (a).

Amendments--1993 (Adj. Sess.). Subsec. (a): Substituted "seven" for "five" following "consist of" in the first sentence of the introductory paragraph, substituted "two members" for "one member" preceding "representing" in the first sentence and "one of these members" for "this member" following "appointment of" in the second sentence of subdiv. (3) and added subdiv. (4).

Amendments--1991. Section amended generally.

§ 2923. Administrative work.

The Vermont Agency of Agriculture, Food and Markets shall perform the administrative work of the Commission as directed by the Commission. The Commission may reimburse the Agency of Agriculture, Food and Markets for the cost of services performed by the Agency. The Commission may enter into contracts with and employ technical experts and authorize and retain legal counsel and other such officers, agents, and employees as are necessary to effect the purposes of this chapter and may fix their qualifications, duties, and compensation. The contract remuneration and employment compensation shall be paid from the Vermont Milk Commission fund and shall be subject to the limitations of section 2924 of this chapter.

Added 1965, No. 175 , § 41; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 17 , § 8(a), eff. April 4, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 157 (Adj. Sess.), § 4, eff. May 20, 2008.

History

Amendments--2007 (Adj. Sess.). Substituted "may" for "shall" preceding "reimburse the Agency" and "Agency" for "Department" in the first sentence and added the second and third sentences.

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in two places.

Amendments--1991. Substituted "commission" for "board" wherever it appeared.

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in the first and second sentences.

§ 2924. Powers and duties; pricing authority; public hearings.

  1. Authority over milk prices.  The Commission may establish an equitable minimum or maximum price, or both, and the manner of payments, which shall be paid producers or associations of producers by handlers, and the prices charged consumers and others for milk used in dairy products by distributors or handlers. The cost of the contracts and employment pursuant to section 2923 of this title and of administering the collection and distribution of monies collected under this section shall not exceed $100,000.00 annually and may be collected independently from any assessment imposed under this section. The Commission may impose an assessment to cover the initial costs of establishing a pricing order as authorized by this section.
  2. Equitable minimum producer prices.  The Commission may establish by order after notice and hearing an equitable minimum price to be paid to dairy producers for milk produced in Vermont on the basis of the use thereof in the various classes, grades, and forms. Prices so established which exceed federal order prices shall be collected by the Commission from the handlers for distribution to dairy producers as a blend price.
  3. Public hearings.  In order to be informed of the status of the State's dairy industry, the Commission shall hold a public hearing at least annually, when directed by the General Assembly, and whenever the chair deems it necessary.
  4. Voluntary payments.  The Commission may accept voluntary premium payments for distribution to dairy farmers as a blend price.
  5. Premiums on handlers and distributors for milk used in dairy products sold at retail in Vermont.  The Commission may assess a premium on handlers and distributors for milk used in dairy products sold at retail in Vermont. The premiums assessed and received shall be paid to the State Treasury and deposited in the special fund established pursuant to section 2938 of this chapter. The proceeds of the premium shall be distributed to dairy producers as a blend price. Any applicable provision of subsections 2925(b)-(f) of this title shall apply to the assessment of such premiums. In assessing these premiums, the Commission shall also take into account any similar assessments made by other states.
  6. Payment Statements.  Payment statements provided to producers of cows' milk shall include in the payment statement the national support price, the Boston, Massachusetts price, the producer price differential, and the amount per hundredweight of any charges or deductions where applicable. The format shall be provided with clear language and with no abbreviations, except where the abbreviation is spelled out elsewhere in the statement.

    Added 1965, No. 175 , § 42; amended 1991, No. 17 , § 4, eff. April 4, 1991; 1991, No. 17 , § 4, eff. April 4, 1991; 1991, No. 232 (Adj. Sess.), § 9; 2007, No. 38 , § 22, eff. May 21, 2007; 2007, No. 157 (Adj. Sess.), § 5, eff. May 20, 2008; 2009, No. 48 , § 2, eff. May 28, 2009.

History

Amendments--2009. Subsec. (a): Added the second and third sentences.

Subsec. (b): Deleted the former third sentence.

Subsec. (c): Inserted "at least annually, when directed by the general assembly, and whenever the chair deems it necessary" following "hearing" and deleted subdivs. (1)-(5).

Amendments--2007 (Adj. Sess.). Substituted "milk used in" for "fluid" preceding "dairy products" in subsec. (a); substituted "order after notice and hearing" for "rule" in the first sentence, deleted the second sentence and inserted "of the contracts and employment pursuant to section 2923 of this title and" and substituted "$100,000.000" for "$50,000.00" in the third sentence in subsec. (b); deleted "in Vermont" and substituted "by five percent or more over the last month or by 10 percent or more over the last three months" for "$0.50 or more for the previous month, except when such increase is attributable to normal seasonal changes in price" in subdiv. (c)(2), inserted "by" following "increased" and substituted "10 percent" for "$0.08" and "15 percent" for "$0.32" in subdiv. (c)(3), redesignated former subdiv. (c)(4) as present subdiv. (c)(5) and added a new subdiv. (c)(4); inserted "used in dairy products" following "distributors for milk" in the subsec. catchline and the first sentence, added the second sentence, and deleted "New England" preceding "states" at the end of subsec. (e).

Amendments--2007. Subsec. (f): Added.

Amendments--1991 (Adj. Sess.). Added subsecs. (d) and (e).

Amendments--1991. Amended section generally.

Payment statement drafting. 2007, No. 38 , § 23, provided: "The agency of agriculture, food and markets shall draft a model payment statement that carries out the intent of Sec. 22 of this act [which amended this section], and that may be used by milk purchasers."

Annotations From Former § 2505

1. Bottle charge.

The board could not properly establish a "bottle charge.", 1940-42 Op. Atty. Gen. 394.

§ 2925. Minimum producer price regulation.

  1. The Commission may make, rescind, or amend an order regulating minimum producer prices if the Commission finds that the federal milk marketing order minimum price is adequate or inadequate as the case may be to ensure that the price paid to dairy producers will cover the costs of milk production and provide a reasonable economic return to dairy producers sufficient to ensure a stable milk production and distribution system in Vermont.
  2. Guidelines for setting prices.  In setting equitable minimum prices, the Commission may investigate and ascertain what are reasonable costs and charges for producing, hauling, handling, processing, and any other services performed in respect to dairy products. The Commission shall take into consideration the balance between production and consumption of dairy products, the costs of production and distribution, the purchasing power of the public, and the price necessary to yield a reasonable return to the producers, handlers, and distributors.
    1. Minimum producer prices may be based on the producer prices prevailing in federal market order I and reflect as accurately as possible the costs of production in Vermont.  The prices should also reflect, within constitutional limitations, the competitive position of Vermont producers within the market order.  Minimum producer prices should also reflect the actual rate of return received by distributors or handlers, whichever is greater, as determined by the Commission.
    2. Minimum retail prices should reflect the lowest price at which milk purchased from producers can be received, processed, packaged, and distributed by handlers and distributors at a just and reasonable return.
    3. In establishing minimum producer and retail prices, the Commission shall make applicable findings regarding the competitive position of producers and their costs, handler and distributor costs, reasonable rates of return, and actual handler and distributor rates of return.
  3. Prices so established need not be uniform in all markets and may be changed from time to time after such notice and public hearing as deemed by the Commission to be in the public interest.
  4. Nothing herein shall be construed to prohibit a producers cooperative from blending the proceeds from the sale of its milk in all markets and all classifications, and distributing such to its members in accordance with the contract with its members, or from making deductions from sums due members of such sums as may be authorized by the membership to be so deducted.
  5. This chapter shall apply to milk produced outside the State subject to regulation by the State in the exercise of its constitutional police powers. Any sale or purchase by distributors or handlers of such milk within this State at a price less than a regulated minimum price shall be unlawful.
  6. , (g)  [Repealed.]

    Added 1965, No. 175 , § 43; amended 1991, No. 17 § 5, eff. April 4, 1991; 1991, No. 17 , § 5, eff. April 4, 1991; 1991, No. 185 (Adj. Sess.); 2007, No. 157 (Adj. Sess.), § 6, eff. May 20, 2008.

History

Amendments--2007 (Adj. Sess.). Section amended generally.

Amendments--1991 (Adj. Sess.). Subsec. (g): Added.

Amendments--1991. Rewrote the section catchline and subsecs. (a) and (b), substituted "established" for "fixed" preceding "need" and "commission" for "board" following "deemed by the" in subsec. (c), deleted "organized under Vermont law" following "cooperative" in subsec. (d), and added subsec. (f).

ANNOTATIONS

1. Construction with other laws.

A milk distributor qualifying as a "pool plant" subject to Federal Milk Order No. 1, issued pursuant to the Federal Agricultural Milk Marketing Act of 1937 and requiring distributor to pay producer a minimum price, is also subject to Vermont Milk Control Board's minimum price paid to producers requirement, fixed pursuant to this section; both requirements are as to minimum prices, and the distributor must pay whichever minimum is higher. 1970-72 Op. Atty. Gen. 64.

Annotations From Former § 2506

1. Constitutionality.

This section was not arbitrary, since it required the Board to take into consideration the elements of costs of production, transportation, processing, distribution and other services, balance between production and consumption and purchasing power of public, in fixing just and reasonable prices. State v. Auclair, 110 Vt. 147, 4 A.2d 107 (1939).

2. Authority of Board.

The authority of the Milk Control Board to control milk prices in an area remained with the Board as long as the condition which brought about the requisite loss or substantial lessening of the supply of milk of proper quality was found to prevail in such market. In re Swanton Market Area, 112 Vt. 285, 23 A.2d 536 (1942).

Under this section, Milk Control Board acted in quasi judicial capacity when fixing prices in particular market. State v. Auclair, 110 Vt. 147, 4 A.2d 107 (1939).

Authority of Milk Control Board to designate natural marketing areas, though not expressly given, was to be implied from definition of market and from price fixing and licensing provisions. State v. Auclair, 110 Vt. 147, 4 A.2d 107 (1939).

3. Validity of order.

Evidence tending to show that compliance with an order of the Milk Control Board raising the price of milk so that many poor families would not be able to purchase as much milk as before or in some cases might be unable to purchase milk when there had been no change in the supply of milk available for sale did not support a finding of a loss or substantial lessening of the supply of milk but on the contrary tended to create the resulting lessening of availability of milk which the action of the Milk Control Board was calculated to prevent. In re Swanton Market Area, 112 Vt. 285, 23 A.2d 536 (1942).

A price fixing order by the Milk Control Board is issued without authority of law when the requisite jurisdictional facts have not been found upon competent evidence. In re Swanton Market Area, 112 Vt. 285, 23 A.2d 536 (1942).

4. Uniformity of price.

Provision that prices of milk and cream fixed by Milk Control Board need not be uniform in all markets did not render this discriminatory, since elements required to be considered in fixing prices could vary to such an extent in different localities that what might be just and reasonable price in one market might not be so in another. State v. Auclair, 110 Vt. 147, 4 A.2d 107 (1939).

5. Cooperatives.

Provision that nothing herein should be construed to prohibit producers' cooperative from blending proceeds from sale of its milk, distributing proceeds among members in accordance with contract with them and making deductions with their consent, did not make price-fixing provisions of chapter inoperative upon milk sold by such associations, since they were included in definition of distributors. State v. Auclair, 110 Vt. 147, 4 A.2d 107 (1939).

6. Charitable organizations.

Provision that charitable organizations would be exempt from price-fixing provisions of this chapter was in line with public policy of State, as expressed in section 64 (now § 68) of Chapter II of constitution, for encouragement and protection of such organizations. State v. Auclair, 110 Vt. 147, 4 A.2d 107 (1939).

§ 2926. Classes and grades.

The Commission may accept established and defined classes and grades of fluid dairy products or may establish classes and grades. It shall specify to what classes or grades the prices fixed under section 2925 of this title shall apply.

1965, No. 175 , § 44; amended 1991, No. 17 , § 8(a), eff. April 4, 1991.

History

Amendments--1991. Substituted "commission" for "board" preceding "may accept" in the first sentence.

§ 2927. Interstate conferences and compacts.

The Commission shall have power to confer and agree with legally constituted similar boards or authorities of other states, or agencies of the federal government, and to adopt necessary regulations to effect a uniformity in regulation and assure an adequate and proper supply of fluid dairy products in Vermont; also to confer with similar boards or other authorities of other states or of the United States with respect to uniform milk control of milk produced in this State and handled in interstate commerce and may exercise all the powers hereunder for such purpose as well as, but not limited by, the following powers:

  1. To conduct joint investigations and hearings and to issue joint or concurrent orders or enter into agreements or compacts subject to congressional approval and amendments thereto.  Also to employ or designate a joint agent or agencies to enforce such order or compacts.  No such compact or order or any amendment to such order shall be effective, however, until the Commission finds that it is approved by two-thirds of the producers of this State whose milk is consumed in whole or in part in an area designated by the compact.
  2. To make regulations and orders and prescribe procedures for ascertaining approval of producers, where required, by stipulation, direct referendum, or otherwise as the commission may determine.
  3. To require payment by handlers of their pro rata shares of the expenses involved in the operation of such order or compact.
  4. To provide for classification of milk in accordance with the form in which it is used or moved with uniform minimum prices or methods of fixing such prices for each class; for payment to all producers and associations of producers delivering milk to handlers of uniform prices irrespective of the use made by the handler to whom delivered, subject to adjustments for grade, location, and butterfat content; for adjustment by the handlers with the joint agent in order to ensure uniformity in and equalization of prices as between producers and handlers; compensation for services to producers; and to make such joint regulations by compact or otherwise as may be incidental to the foregoing and not inconsistent thereto and as may be necessary to effectuate the powers enumerated in this section.

    Added 1965, No. 175 , § 45; amended 1991, No. 17 , § 8(a), eff. April 4, 1991; 2017, No. 113 (Adj. Sess.), § 30.

History

Amendments--2017 (Adj. Sess.). Subdiv. (4): Substituted "the powers enumerated in this section" for "the above-mentioned powers" at the end of the subdivision.

Amendments--1991. Substituted "commission" for "board" preceding "shall have" in the introductory paragraph, preceding "finds" in the third sentence of subdiv. (1), and preceding "may determine" in subdiv. (2).

§ 2928. Repealed. 2007, No. 157 (Adj. Sess.), § 13, eff. May 20, 2008.

History

Former § 2928. Former § 2928, relating to notice and hearing on licenses, was derived from 1965, No. 175 , § 48 and amended by 1991, No. 17 , § 8(a).

§ 2929. Power to make orders and conduct hearings; regulations.

  1. In administering this chapter, the Commission shall have the power to make orders hereunder, conduct hearings, subpoena, and examine under oath producers, handlers, and distributors, their books, records, documents, correspondence, and accounts, and any other person it deems necessary to carry out the purposes and intent of this chapter.
  2. Any order issued under this chapter shall only be made final after a public hearing and after publication of a proposed order for public review and comment for 30 days following the publication of the proposed order.
    1. The Commission shall provide notice of the hearing on the proposed order to interested persons in accordance with the applicable provisions of 3 V.S.A. § 809(b) , and to the public by advertisement in the newspapers of record approved by the Secretary of State under 3 V.S.A. § 839 . The notice shall include proposed regulatory procedures for administration of the pricing order, as appropriate, and otherwise provide sufficient notice and explanation of the potential operation and impact of the order, including proposed findings and conclusions consistent with the requirements of section 2925 of this chapter.
    2. Interested persons shall not be considered "parties" and, except as otherwise specifically provided by subsection (c) of this section, the provisions of 3 V.S.A. chapter 25 relating to contested cases shall not apply to the procedure for the conduct of the hearing, the issuance of a proposed pricing order, or the promulgation of a final order. The hearing on the proposed order shall be held in accordance with the applicable provisions of 3 V.S.A. § 840(c) and (d), other than the provisions therein relating to notice and the requirements of 3 V.S.A. § 832a . The hearing procedure shall provide for the establishment of a formal record of sworn evidence received, matters officially noticed, questions and offers of proof submitted by interested persons, and any proposed findings presented.
    3. The final order shall contain separate findings of fact and conclusions responsive to the requirements of section 2925 of this chapter and based exclusively on the evidence presented at the hearing and on matters officially noticed. The final order shall also provide specific response to any submissions filed by interested persons, including proposed findings. The final order shall be issued again in accordance with the procedural requirements of subdivision (1) of this subsection.
    4. The Commission shall hold at least one formal deliberative meeting before the issuance of a proposed or final order. Except as provided in section 2922 of this chapter with respect to affirmative votes, a majority of the Commission shall constitute a quorum for these deliberative meetings, as well as for any hearing conducted in accordance with this section.
  3. The procedure relating to ex parte communications set forth in 3 V.S.A. § 813 shall apply as the Commission deems appropriate to the development of a proposed order and to the deliberation and issuance of a final order.
  4. The Commission shall adopt rules of procedure for the conduct of a hearing and issuance of a proposed and final pricing order under this chapter. Such rules may be adopted as emergency rules in accordance with 3 V.S.A. chapter 25. The Commission may adopt and enforce such reasonable rules and procedures as are deemed necessary to carry out the administration of the provisions of this chapter.

    Added 1965, No. 175 , § 50; amended 1991, No. 17 , § 8(a), eff. April 4, 1991; 2007, No. 157 (Adj. Sess.), § 7, eff. May 20, 2008.

History

2011. In subdiv. (b)(1), substituted "3 V.S.A. § 839" for "3 V.S.A. § 839(d)" in light of the amendment to the section by Act 146 of the 2008 Adj. Sess. (2009).

Revision note - In subdiv. (b)(4), substituted "section 2922 of this chapter" for "section 2299 of this chapter" to correct an error in the reference.

Amendments--2007 (Adj. Sess.). Substituted "chapter" for "section and sections 2675, 2725, 2726, 2921-2928, and 2931-2933 of this title", inserted "handlers" following "producers", and substituted "the chapter" for "said sections" in subsec. (a); added new subsecs. (b) and (c); redesignated former subsec. (b) as present subsec. (d); and added the first sentence, deleted "promulgate" following "adopt", substituted "and procedures" for "and regulations", inserted "administration of the" preceding "provisions", and substituted "chapter" for "section and sections 2675, 2725, 2726, 2921-2928, and 2931-2933 of this title" in subsec. (d).

Amendments--1991. Substituted "commission" for "board" preceding "shall have" in subsec. (a) and preceding "may adopt" in subsec. (b).

Annotations From Former § 2514

1. Status of Board.

Under provisions of this section, Milk Control Board acted in quasi judicial capacity when fixing prices in particular market. State v. Auclair, 110 Vt. 147, 4 A.2d 107 (1939).

§ 2930. Repealed. 2007, No. 157 (Adj. Sess.), § 13, eff. May 20, 2008.

History

Former § 2930. Former § 2930, relating to refusal, suspension or revocation of license by commission, was derived from 1965, No. 175 , § 74 and amended by 1991, No. 17 , § 8(a).

Annotations From Former § 2930, Formerly § 2511

1. Violations.

Distributor who purchased milk from producers and paid therefor a sum less than the minimum price would yield for equivalent milk as to class and grade violated the provisions of this section. 1946-48 Op. Atty. Gen. 54.

§ 2931. Rehearing of orders and decisions.

  1. Within 20 days after any final order or decision has been made by the Commission, any party to the action or proceeding before the Commission, or any person directly affected thereby, may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefor. The Commission may grant such rehearing if in its opinion good reason therefore is stated in such motion.
  2. The motion shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from any order or decision of the Commission shall be taken unless the appellant shall have made application for rehearing as herein provided. When the application has been made, no ground not set forth therein shall be urged, relied on, or given any consideration by the court, unless the court for good cause shown allows the appellant to specify additional grounds.

    Added 1965, No. 175 , § 51; amended 1991, No. 17 , § 8(a), eff. April 4, 1991; 2007, No. 157 (Adj. Sess.), § 8, eff. May 20, 2008.

History

Revision note. Substituted "any" for "and" preceding "party" in the first sentence of subsec. (a) to correct an apparent typographical error.

Amendments--2007 (Adj. Sess.). Subsec (a): Inserted "final" preceding "order" near the beginning of the first sentence.

Amendments--1991. Subsec (a): Substituted "commission" for "board" preceding "any party" and following "before the" in the first sentence and preceding "may grant" in the second sentence.

Subsec (b): Substituted "commission" for "board" preceding "shall be taken" in the second sentence.

§ 2932. Determination of motion for rehearing.

Upon the filing of a motion for rehearing, the Commission shall within ten days either grant or deny the motion, or suspend the order or decision complained of pending further consideration.

Added 1965, No. 175 , § 52; amended 1991, No. 17 , § 8(a), eff. April 4, 1991; 2007, No. 157 (Adj. Sess.), § 9, eff. May 20, 2008.

History

Amendments--2007 (Adj. Sess.). Deleted ", and any order of suspension may be upon terms and conditions prescribed by the commission" at the end.

Amendments--1991. Substituted "commission" for "board" in two places.

§ 2933. Appeal to Supreme Court.

When any application for a rehearing is denied, or if the applicant is aggrieved at the decision on rehearing, the applicant may appeal to the Supreme Court.

1965, No. 175 , § 53; amended 1971, No. 185 (Adj. Sess.), § 18, eff. March 29, 1972.

History

Amendments--1971 (Adj. Sess.). Deleted "as provided by section 2381 et of Title 12" preceding "to the supreme".

§ 2934. Repealed. 2003, No. 70 (Adj. Sess.), § 67, eff. March. 1, 2004.

History

Former § 2934. Former § 2934, relating to distributors' licenses, was derived from 1989, No. 256 (Adj. Sess.), § 1, and amended by 1991, No. 17 , § 8(a); 1991, No. 80 , § 6; 1991, No. 232 (Adj. Sess.), § 7; 2001, No. 143 (Adj. Sess.), § 39.

§ 2935. Prohibition; administrative penalty; injunctive relief.

  1. Any handler or distributor that buys, offers to buy, sells, or transfers ownership of milk in any form at any price or for any consideration which is less than the price or prices set by rule of the Commission may be assessed an administrative penalty by the Secretary, in accordance with the standards and procedures set forth in sections 15, 16, and 17 of this title, in an amount not to exceed $10,000.00 for each violation and not to exceed $50,000.00 per day for multiple violations in a single transaction or a series of related transactions.
  2. The Commission, through the Secretary, may seek appropriate injunctive relief to enforce the provisions of this chapter.

    Added 1991, No. 17 , § 6, eff. April 4, 1991; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in subsecs. (a) and (b).

§ 2936. Reports from milk handlers; release of information by handlers.

  1. In order that the Commission has adequate information available to proceed under this chapter, as a condition of a handler's license, the Commission may require from a handler:
    1. information on a time schedule established by the Secretary from handlers showing the prices paid to purchase various forms of milk from Vermont producers, the costs of production, processing, transporting, distributing, and marketing milk, together with any other information deemed necessary and relevant by the Commission; and
    2. that each milk handler licensed pursuant to section 2721 of this title execute a release with the federal market order administrator authorizing the Secretary and the Commission to obtain all production data which in the discretion of the Secretary and Commission is deemed relevant and necessary.
  2. The Commission shall keep information received under this section confidential except as necessary for the adoption of rules or enforcement actions.

    Added 1991, No. 17 , § 7, eff. April 4, 1991; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 2937. Periodic report.

The Commission may report as needed on its activities to the House and Senate Committees on Agriculture.

Added 2007, No. 50 , § 5, eff. May 26, 2007; amended 2019, No. 61 , § 15.

History

Amendments--2019. Section amended generally.

§ 2938. Fund established.

The Vermont Milk Commission Fund is established in the State Treasury and shall be administered by the Secretary of Agriculture, Food and Markets in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund shall be retained in the Fund. Proceeds from this chapter shall be deposited into the Fund. The Fund shall be used as necessary for the purposes of this chapter. The Treasurer shall distribute funds as directed by the Commission.

Added 2007, No. 157 (Adj. Sess.), § 10, eff. May 20, 2008.

Subchapter 2. State Dairy Council

§§ 2941, 2942. Repealed. 1989, No. 256 (Adj. Sess.), § 11(b), eff. Jan. 1, 1991.

History

Former §§ 2941, 2942. Former § 2941, relating to establishment of the state dairy council, was derived from 1965, No. 175 , § 54 and amended by 1979, No. 101 (Adj. Sess.), § 2, and 1981, No. 198 (Adj. Sess.), § 2, eff. April 22, 1982.

Former § 2942, relating to promotion of dairy products and contributions, was derived from 1965, No. 175 , § 5.5

Subchapter 3. Revenues and Appropriations

§§ 2951 Repealed. 2007, No. 157 (Adj. Sess.), § 13, eff. May 20, 2008.

History

Former § 2951. Former § 2951, relating to revenues pledged for purpose of chapter, was derived from 1965, No. 175 , § 56 and amended by 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 256 (Adj. Sess.), § 2; 1991, No. 17 , § 8(a) and 2003, No. 42 , § 2.

§ 2952. Repealed. 1991, No. 232 (Adj. Sess.), § 8.

History

Former § 2952. Former § 2952, relating to appropriations, was derived from 1965, No. 175 , § 57, and amended by 1979, No. 101 (Adj. Sess.), § 3; 1981, No. 198 (Adj. Sess.), § 3; 1989, No. 256 (Adj. Sess.), § 3, and 1991, No. 17 , § 8(a).

CHAPTER 162. AGRICULTURAL DEVELOPMENT

History

Policy. 1975, No. 217 (Adj. Sess.), § 1, provided: "It is the policy of the state of Vermont to encourage agricultural development and diversification through market development, research on agricultural products, and promotional activities. Processing and food storage facilities will be encouraged, as well as the development of new modes of transportation and the reduction in certain tariff rates. The state will encourage the development of new products and will encourage private individuals and organizations in their agricultural activities. The agricultural activities of the state shall be coordinated with other groups carrying out similar activities in order to maximize the return on public expenditures."

Cross References

Cross references. Agricultural and managed forest land use value program, see 32 V.S.A. § 3751 et seq.

Family farm assistance generally, see 10 V.S.A. § 271 et seq.

Sustainable Agriculture Research and Education Program, see § 4701 of this title.

Vermont Agricultural Credit Program, see 10 V.S.A. § 374a.

Subchapter 1. Vermont Agricultural Innovation Center

History

Amendments--2009 (Adj. Sess.) 2009, No. 101 (Adj. Sess.), § 2, eff. January 1, 2011, designated §§ 2961-2962b of this chapter as subchapter 1 and added the subchapter heading.

§§ 2961-2962b. Repealed. 2011, No. 142 (Adj. Sess.), § 4, eff. March 31, 2013.

History

Former §§ 2961-2962b. Former § 2961, relating to definitions of the Vermont Agricultural Innovation Center, was derived from 1975, No. 217 (Adj. Sess.), § 2 and amended by 1989, No. 256 (Adj. Sess.), § 10(a); 2003, No. 42 , § 2; and 2009, No. 101 (Adj. Sess.), § 1.

Former § 2962, relating to the establishment of the Vermont Agricultural Innovation Center, was derived from 1975, No. 217 (Adj. Sess.), § 2 and amended by 1989, No. 256 (Adj. Sess.), § 10(a); 2003, No. 42 , § 2; and 2009, No. 101 (Adj. Sess.), § 1.

Former § 2962a, relating to purpose; powers and duties, was derived from 2009, No. 101 (Adj. Sess.), § 1.

Former § 2962b, relating to interagency cooperation and assistance, was derived from 2009, No. 101 (Adj. Sess.), § 1.

Subchapter 2. Generally

History

Amendments--2009 (Adj. Sess.) 2009, No. 101 (Adj. Sess.), § 2, eff. January 1, 2011, designated §§ 2963-2965 of this chapter as subchapter 2 and added the subchapter heading.

§ 2963. Agricultural Development Division.

  1. A division of agricultural development is created within the Agency of Agriculture, Food and Markets as the successor to and the continuation of the Agricultural Markets Development Division.
  2. The Development Division may:
    1. Assist individuals and organizations in developing ways which will increase the agricultural use of Vermont lands and other agricultural resources;
    2. Assist in maintaining a price reporting system to service the agricultural community of Vermont;
    3. Develop and maintain a directory of producers of food, livestock, and fiber products;
    4. Identify and develop new markets for agricultural products and assist in the development of new products which might play a significant part in the expansion of agriculture in Vermont;
    5. Assist in developing the Vermont product identification program created in section 2964 of this title;
    6. Develop an advertising program for Vermont agricultural products;
    7. Assist in the promotion of research on agricultural products.

      Added 1975, No. 217 (Adj. Sess.), § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Reference in text. Section 2964 of this title, referred to in subdiv. (b)(5), was repealed by 2011, No. 142 (adj. Sess.), § 4.

Amendments--2003 Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" in subsec. (a).

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "department of agriculture, food and markets" for "department of agriculture".

§§ 2963a, 2964. Repealed. 2011, No. 142 (Adj. Sess.), § 4, eff. May 15, 2012.

History

Former §§ 2963a and 2964. Former § 2963a, relating to comprehensive plan for the future development of diversified agriculture, was derived from 1999, No. 48 , § 2 and amended by 2009, No. 33 , §§ 14, 15.

Former § 2964, relating to the Vermont seal of quality, was derived from 1975, No. 217 (Adj. Sess.), § 2 and amended by 1977, No. 18 ; 1981, No. 179 (Adj. Sess.); 1983, No. 13 , § 1; 1987, No. 35 ; 1987, No. 277 (Adj. Sess.), § 6; 1989, No. 256 (Adj. Sess.), § 10(a); 1995, No. 186 (Adj. Sess.), § 6; 2003, No. 42 , § 2; 2007, No. 38 , § 12; 2007, No. 153 (Adj. Sess.), § 12 and 2009, No. 78 (Adj. Sess.), § 6c.

Annotations From Former § 2964

Cited. Houston v. Town of Waitsfield, 162 Vt. 476, 648 A.2d 864 (1994).

§ 2964a. Spring or artesian water; labels.

  1. A bottler of spring or artesian water may apply to the Secretary of Agriculture, Food and Markets for a specially designated identification label to indicate that the water originated and was bottled in Vermont and that it complies with any quality requirements adopted by the Agency. The bottler requesting the labels shall annually pay a minimum fee of $20.00 and the cost of all labels requested. The bottler shall also obtain approval from the Department of Environmental Conservation under 10 V.S.A. § 1673 to qualify for a label under this subsection.
  2. The labels provided for in this section shall be designed and issued by the Agency of Agriculture, Food and Markets and shall not be similar to the labels issued under section 2964 of this title.
  3. Funds received under this section shall be retained by the Agency for administration of this section in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5.
  4. A person who fraudulently utilizes the labels issued under this section, who willingly allows another to use the labels fraudulently, or who applies the labels to water which does not meet quality standards adopted by the Secretary shall be fined not more than $500.00 for each offense. In the case of a continuing violation, each day the offense continues shall constitute a separate offense, with the maximum amount of fine assessed not to exceed $10,000.00 per violation.

    Added 1993, No. 47 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Reference in text. Section 2964 of this title, referred to in subsec. (b), was repealed by 2011, No. 142 (Adj. Sess.), § 4.

Amendments--2003. Subsec. (a): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" and "agency" for "department" in the first sentence.

Subsec. (b): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Subsec. (c): Substituted "agency" for "department".

ANNOTATIONS

Cited. Houston v. Town of Waitsfield, 162 Vt. 476, 648 A.2d 864 (1994).

§ 2965. Misuse of labels; penalty.

  1. No person shall use, nor allow another person to use, an identification label designed and issued by the Secretary under section 2964 of this title without authorization of the Secretary.
  2. A person who violates this section commits a civil violation and shall be assessed a penalty of not less than $500.00.
  3. In addition to the penalties set forth in this section, the Secretary may take any action authorized under 6 V.S.A. chapter 1 to enforce the requirements of section 2964 of this title and the rules adopted pursuant to that section.

    Added 1975, No. 217 (Adj. Sess.), § 2; amended 1983, No. 13 , § 2; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 78 (Adj. Sess.), § 6c.

History

Reference in text. Section 2964 of this title, referred to in subsecs. (a) and (c), was repealed by 2011, No. 142 (Adj. Sess.), § 4.

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner".

Amendments--1983. Deleted "the" preceding "quality" and inserted "have been or may be" preceding "established".

§ 2966. Repealed. 2015, No. 39, § 25.

History

Former § 2966. Former § 2966, relating to the Agricultural and Forest Products Development Board, was derived from 2009, No. 158 (Adj. Sess.), § 4 and amended by 2011, No. 142 (Adj. Sess.), § 2 and 2013, No. 142 (Adj. Sess.), § 15.

CHAPTER 163. VERMONT DAIRY PROMOTION COUNCIL; PRODUCER TAX

History

Amendments--1989 (Adj. Sess.) amendment. 1989, No. 256 (Adj. Sess.), § 10(b), eff. Jan. 1, 1991, substituted "Promotion" for "Industry" preceding "Council" in the chapter heading.

Subchapter 1. Vermont Dairy Promotion Council

History

Amendments--1989 (Adj. Sess.) 1989, No. 256 (Adj. Sess.), § 10(c), eff. Jan. 1, 1991, inserted "Vermont" preceding "Dairy" and substituted "Promotion" for "Industry" thereafter in the subchapter heading.

§ 2971. Creation of Council.

  1. There is established within the Agency of Agriculture, Food and Markets the Vermont Dairy Promotion Council, which shall be composed of the Secretary of Agriculture, Food and Markets and the following: Each milk cooperative with producers subject to the provision of the law with two percent or more of the total producers, shall be entitled to one member of the council plus one additional member for each 15 percent of the total milk subject to the provisions of this section.
  2. The milk cooperatives shall provide the Secretary of Agriculture, Food and Markets with two nominees for each entitlement of whom one shall be appointed by the Secretary. The second nominee shall become an alternate to serve in the absence of the appointee. The Secretary of Agriculture, Food and Markets shall appoint three producer members to the council and one alternate to serve in the absence of any one of these three members to represent those producers not members of a milk cooperative and those cooperatives not eligible under the terms of this section, and one distributor representative, after seeking the advice of producer associations, distributor associations, and individual producers and distributors within the State. During the month of February, six members shall be appointed for a one-year term and the balance for a two-year term. Thereafter one-half of the members shall be appointed annually. The council shall serve at the discretion of the Secretary. A milk producer who is serving on the Vermont dairy promotion council shall not be a member of the Agency disbursing the funds. The appointive members shall each receive $75.00 per day for each day spent in actual attendance at meetings of the council, but not exceeding a total compensation of $750.00 per annum for each member, and they also shall receive their actual necessary expenses and mileage while attending to their duties. The Secretary shall serve as chair of the Council and administer and enforce the provisions of this chapter.

    1965, No. 175 , § 58; amended 1979, No. 101 (Adj. Sess.), § 4; 1981, No. 198 (Adj. Sess.), § 4, eff. April 22, 1982; 1989, No. 256 (Adj. Sess.), §§ 4, 10(a), eff. Jan. 1, 1991; 1991, No. 232 (Adj. Sess.), § 3; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 7, eff. May 19, 2011.

History

Revision note. Undesignated paragraphs were designated as subsecs. (a) and (b) to conform section to V.S.A. style.

Amendments--2011. Subsec. (b): Substituted "$75.00" for "$50.00" preceding "per day" and "$750.00" for "$500.00" preceding "per annum".

Amendments--2003 Subsec. (a): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Subsec. (b): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" wherever it appeared throughout the subsection and "secretary" for "commissioner" wherever it appeared throughout the subsection.

Amendments--1991 (Adj. Sess.). Subsec. (b): Added the second sentence and inserted "and one alternate to serve in the absence of any one of these three members" following "to the council" in the third sentence.

Amendments--1989 (Adj. Sess.). Subsec. (a): Inserted "food and markets" preceding "the Vermont dairy" and substituted "promotion" for "industry" thereafter.

Subsec. (b): Amended generally.

Amendments--1981 (Adj. Sess.). In the second paragraph, deleted "following the referendum" following "February" in the third sentence and deleted the ninth sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

1979, No. 101 (Adj. sess.) and 1981, No. 198 (Adj. sess.) See notes set out under § 2671 of this title.

§ 2972. Powers and duties.

  1. The Council shall administer and enforce this chapter, and to that end shall plan and conduct dairy commodity advertising, publicity, sales promotion, and research and educational projects to increase the consumption of dairy products and to foster better understanding and more efficient cooperation between producers, dealers, and consumers of dairy products, and may contract for advertising, publicity, sales promotion, research, and educational services, and may employ and discharge advertising counsel, advertising agencies, dairy councils, and other agencies on a statewide, regional, or national basis as it shall deem the best interests of the State of Vermont for these purposes.  It may disseminate information relating to dairy products and the importance thereof, either directly or through persons or parties contracted with.
  2. Included among the powers of the Council in connection with the enforcement of this chapter are the powers to require reports from any person subject to this chapter; to adopt, rescind, modify, and amend all proper and necessary rules, regulations, and orders to administer this chapter, which rules, regulations, and orders shall be promulgated by publication in the manner prescribed therefor by the Council and shall have the force and effect of law when not inconsistent with existing laws; to administer oaths, subpoena witnesses, take depositions, and certify to official acts; to require any dealer to keep such true and accurate records and to make such reports covering purchases, sales, and receipts of dairy products and related matters as the Council deems reasonably necessary for effective administration, which records shall be open to inspection by the Secretary of Agriculture, Food and Markets at any reasonable time and as often as may be necessary, but information thus obtained shall not be published or be open to public inspection in any manner revealing any individual dealer's identity, except as required in proceedings to enforce compliance; to keep accurate books, records, and accounts of all of its dealings, and to make annually a full report of its doings to the House and Senate Committees on Agriculture and the Governor, which shall show the amount of money received and the expenditures thereof. The report shall be submitted on or before January 15. The Vermont Agency of Agriculture, Food and Markets shall perform the administrative work of the Council as directed by the Council. The Council shall reimburse the Agency of Agriculture, Food and Markets for the cost of services performed by the Agency.
  3. The Council is hereby authorized to accept contributions from individuals or organizations to augment its funds.
  4. The Council in allocating the monies it spends for the promotional purposes herein shall consider the sources from which the milk comes, the areas into which the milk goes, and the nature of the population that consumes the milk, so that funds may be allocated proportionately if desired.
  5. The Council shall cooperate with other State agencies in its plans for advertisement and promotion; and in particular with agencies specifically empowered to advertise and promote this State.
  6. The Council is authorized to cooperate with the U.S. government and any Agency thereof charged with similar responsibilities in connection with research, marketing, and pricing in the dairy industry, including federal Milk Market Administrators and their staffs in federally regulated markets and is authorized to cooperate with the appropriate agencies of other states for the purpose of making such investigations, securing and transmitting such information, making available such services and facilities, and exercising such other powers with respect to the administration of this chapter as it deems necessary or appropriate to facilitate its administration in cooperation with the administration of similar acts in other states.
  7. To the extent that in its judgment it may deem advisable to do so in administering this chapter, the Council is authorized to enter into agreements with U.S. government agencies, federal Milk Market Administrators, and state agencies of other states with respect to the collection or audit of tax payments and the use of joint facilities and joint services.

    Added 1965, No. 175 , § 59; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 207 (Adj. Sess.), § 2, eff. June 11, 2008.

History

Revision note. Substituted "chapter" for "subchapter" throughout the section to conform references to the classification of sections 58-67 of subchapter IV of 1965, No. 175 , as this chapter.

Amendments--2007 (Adj. Sess.). Subsec. (b): Added "house and senate committees on agriculture and the" preceding "governor" at the end of the first sentence, inserted commas throughout the first sentence, and added the second sentence.

Amendments--2003. Subsec. (b): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first sentence and "agency of agriculture, food and markets" for "department of agriculture, food and markets" throughout and "agency" for "department" in the last sentence.

Amendments--1989 (Adj. Sess.). Subsec. (b): Substituted "Department of Agriculture, Food and Markets" for "Department of Agriculture" in the second and third sentences.

Cross References

Cross references. Conferences and compacts with federal agencies and other states by Milk Commission, see § 2927 of this title.

§ 2973. Repealed. 1979, No. 101 (Adj. Sess.), § 12; 1981, No. 198 (Adj. Sess.), § 12.

History

Former § 2973. Former § 2973, relating to an advisory council, was derived from 1965, No. 175 , § 60.

Subchapter 2. Producer Tax

§ 2981. Rate and collection of assessment.

  1. Each producer shall pay each month an assessment of $0.10 per hundredweight from the price paid to the producer for milk produced by him or her and received by a handler. The funds shall be deducted from the producer's check, and the deduction identified on the producer's statement furnished by the handler. Notwithstanding the provisions of section 10 of this title, the assessment on the producer imposed by this subchapter shall be collected by and paid to the Secretary of Agriculture, Food and Markets of the State of Vermont, and shall be paid by him or her to the Treasurer of the State of Vermont, to be held by the Treasurer in a separate account entitled "Vermont Dairy Promotion Fund." The interest earned by the Fund shall be retained as part of the Fund and shall be disbursed as provided by the provisions of this subchapter. Each handler receiving milk from a producer shall be liable for the assessment due under this subchapter from the producer; and each handler shall withhold from monies due any producer the assessment due from that producer to the State under this subchapter, shall be responsible to the Secretary for the payment and collection thereof, and shall not be liable to the producer or to any other person for the amount of the payment if the payment is paid to the State.
  2. [Repealed.]

    Added 1965, No. 175 , § 61; amended 1966, No. 52 (Sp. Sess.), § 1, eff. March 12, 1966; 1979, No. 101 (Adj. Sess.), § 5; 1981, No. 198 (Adj. Sess.), § 5, eff. April 22, 1982; 1987, No. 6 , § 2, eff. April 1, 1987; 1989, No. 256 (Adj. Sess.), § 5, eff. Jan. 1, 1991; 1991, No. 232 (Adj. Sess.), § 4; 1999, No. 49 , § 123; 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 157 (Adj. Sess.), § 12, eff. May 20, 2008; 2015, No. 149 (Adj. Sess.), § 18.

History

Revision note. At the end of the fourth sentence of subsec. (a), substituted "subchapter" for "act" to conform reference to V.S.A. style.

Amendments--2015 (Adj. Sess.). Subsec. (b): Repealed.

Amendments--2007 (Adj. Sess.). Subsec. (b): Substituted "handler", "handler's", and "handlers" for "distributor", "distributor's", and "distributors" throughout and "council" for "Vermont milk commission" in the first sentence, inserted "fluid" preceding "milk" throughout, and substituted "council" for "commission" in the second sentence.

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the third sentence and "secretary" for "commissioner" in the last sentence of subsec. (a).

Amendments--1999 Subsec. (a): Inserted "or her" following "by him" in the first and third sentences and "notwithstanding the provisions of section 10 of this title" at the beginning of the third sentence.

Amendments--1991 (Adj. Sess.). Designated existing provisions of the section as subsec. (a), substituted "month" for "calendar year" preceding "an assessment" in the first sentence of that subsec., and added subsec. (b).

Amendments--1989 (Adj. Sess.). In the third sentence, substituted "'Vermont dairy promotion fund"' for "'Vermont state dairy industry fund"' following "entitled".

Amendments--1987. Rewrote the first sentence.

Amendments--1981 (Adj. Sess.). Reenacted section without change.

Amendments--1979 (Adj. Sess.). Amended section generally.

Amendments--1966. Designated existing provisions of section as subsec. (a) and substituted "one cent" for "one and one-half cents" following "tax of" in the first sentence and "handler" for "dealer" throughout the section.

Severability-- 1979, No. 101 (Adj. sess.) and 1981, No. 198 (Adj. sess.) See notes set out under § 2671 of this title.

Annotations From Former § 2655

1. Sale to outstate dealers.

The Commissioner could not enforce collection of the tax against instate producers selling to outstate dealers. 1952-54 Op. Atty. Gen. 38.

§ 2982. Repealed. 1991, No. 232 (Adj. Sess.), § 8.

History

Former § 2982. Former § 2982, relating to exemptions from provisions of chapter and assessments, was derived from 1965, No. 175 , § 62, and amended by 1966, No. 52 (Sp. Sess.), § 2; 1979, No. 101 (Adj. Sess.), § 6; 1981, No. 198 (Adj. Sess.), § 6, and 1989, No. 256 (Adj. Sess.), § 6.

§ 2983. Tax withholding agreement as condition for license.

No person shall be granted a handler's license unless he or she first agrees to withhold for the account of the State the tax imposed under this subchapter upon producers whose milk he or she has received.

1965, No. 175 , § 63.

§ 2984. Milk received by more than one handler.

In case the same milk is received by more than one handler, the first handler handling or receiving milk shall be the handler within the meaning of this chapter.

1965, No. 175 , § 64.

History

Revision note. At the end of the section, substituted "chapter" for "subchapter."

§ 2985. Transactions outside Vermont.

Any transaction between a producer and a handler relating to milk or dairy products produced in Vermont is subject to the operation of this chapter whether a contract or sale is set forth or claimed to be entered into, or to have been entered into, outside Vermont.

1965, No. 175 , § 65.

History

Revision note. Substituted "chapter" for "subchapter."

§ 2986. Payment of assessment.

Each licensed handler and distributor shall pay the sums required with respect to each producer's payment received by him or her and the distributor's fee to the Secretary of Agriculture, Food and Markets by monthly payments, and shall file monthly reports on forms provided by the Secretary for this purpose of all matters of account for which a record is required to be kept. These payments and reports shall be due not later than the 28th day of the month following the month for which the payments and reports are made. A penalty of one percent per month on overdue payments shall be collected by the Secretary.

1965, No. 175 , § 66; amended 1979, No. 101 (Adj. Sess.), § 7; 1981, No. 198 (Adj. Sess.), § 7, eff. April 22, 1982; 1991, No. 232 (Adj. Sess.), § 5; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first sentence and "secretary" for "commissioner" throughout.

Amendments--1991 (Adj. Sess.) In the first sentence, inserted "and distributor" following "handler", deleted "from him" preceding "with respect" and inserted "and the distributor's fee" following "received by him".

Amendments--1981 (Adj. Sess.). Reenacted section without change.

Amendments--1979 (Adj. Sess.). Substituted "assessment" for "tax; reports" in the section catchline and rewrote the first sentence.

Severability-- 1979, No. 101 (Adj. Sess.) and 1981, No. 198 (Adj. Sess.). See notes set out under § 2671 of this title.

§ 2987. Use of Dairy Promotion Fund.

  1. No expense of the Council shall be paid out of any funds of the State except from the Dairy Promotion Fund, which Fund shall be subject at all times to the accounting controls of the State. The Dairy Promotion Fund may be used only for the costs of the collection of taxes imposed hereunder, and for the administration of this chapter and the State Treasurer shall pay over to the Council upon order of the Council such funds as the Council may require.
  2. [Repealed.]
  3. The balance of the Fund shall be used for promotional and educational purposes, experimental planning, research, advertising, and the necessary compensation and expenses of the council.
  4. Any balance remaining at the close of any fiscal year shall be carried forward for the same purpose in the following year.

    Added 1965, No. 175 , § 67; amended 1989, No. 256 (Adj. Sess.), § 7, eff. Jan. 1, 1991; 1991, No. 232 (Adj. Sess.), § 6; 2007, No. 157 (Adj. Sess.), § 13, eff. May 20, 2008.

History

Revision note. Substituted "chapter" for "subchapter" in the second sentence.

Amendments--2007 (Adj. Sess.). Subsec. (b): Repealed.

Amendments--1991 (Adj. Sess.). Designated existing provisions of the section as subsec. (a) and added subsecs. (b)-(d).

Amendments--1989 (Adj. Sess.). Substituted "promotion" for "industry" following "dairy" throughout the section.

Annotations From Former § 2662

1. Disbursements.

Disbursements from the dairy fund could not be made to the dairy industry commission except upon warrant of the auditor of accounts. 1952-54 Op. Atty. Gen. 424.

§ 2988. Referendum.

  1. The following percent of the itemized groups of producers and distributors may petition the Secretary for a referendum to determine whether assessments for their milk promotion program under section 2981 of this title shall continue or discontinue for their group:
    1. twenty-five percent of Vermont producers who are producing milk for consumption in Vermont;
    2. fifteen percent of Vermont producers who are producing milk for out-of-state consumption; or
    3. thirty percent of Vermont distributors who purchase milk for retail sale in Vermont.
  2. The Secretary, upon receiving a petition for a referendum from any itemized group referred to in subsection (a) of this section, shall establish a committee of members of that group as provided in subsection (c) of this section. The committee shall direct the Secretary to send secret ballots to all producers or distributors who are members of that group and tally the results of the vote.
  3. The voting committee shall consist of the following:
    1. two members from the group referred to in subdivision (a)(1) of this section;
    2. three members from the group referred to in subdivision (a)(2) of this section; and
    3. two members from the group referred to in subdivision (a)(3) of this section.
  4. Milk producers and distributors referred to in subsection (a) shall be eligible to vote only on a referendum which relates to an assessment on a group of which they are a member.  A referendum shall be considered approved by a majority of the members of that group who participate in the vote.
  5. Any time after two years from the effective date of a previous referendum vote by a particular group to continue or discontinue the assessment, members of the group as provided in subsection (a) may petition the Secretary to determine whether the assessment on that group should continue or discontinue.  The referendum shall be conducted and the results determined in accordance with the provisions of this section.  A referendum to recommend an assessment program should be conducted in the same manner.
  6. All administration costs associated with the referendum vote shall be assessed against the Vermont Dairy Promotion Fund.

    Added 1979, No. 101 (Adj. Sess.), § 9; amended 1981, No. 198 (Adj. Sess.), § 9, eff. April 22, 1982; 1989, No. 256 (Adj. Sess.), § 8, eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2011, No. 39 , § 7, eff. May 19, 2011.

History

2005. In subsec. (a), substituted "section" for "sections" and deleted "2934(b) and" to reflect the repeal of 6 V.S.A 2934(b) pursuant to 2003, No. 70 (Adj. Sess.), § 67, effective March 1, 2004.

Amendments--2011. Subsec. (f): Substituted "Vermont dairy promotion fund" for "state dairy council".

Amendments--2003. Subsecs. (a), (b) and (e): Substituted "secretary" for "commissioner" throughout.

Amendments--1989 (Adj. Sess.). Subsec. (a): In the introductory paragraph, deleted "assessments under sections 2726(b) and 2981 of this title for the milk promotion program shall become effective in April 22, 1982; however" preceding "the following" and inserted "under sections 2934(b) and 2981 of this title" preceding "shall continue".

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--Severability of 1979, No. 101 (Adj. Sess.) and 1981, No. 198 (Adj. Sess.). See notes set out under § 2671 of this title.

§ 2989. Interstate orders for compacts.

The Secretary is authorized to confer and cooperate with the legally constituted authorities of other states and of the United States with respect to the issuance and operation of joint and concurrent dairy promotion orders or other activities tending to carry out the declared intent of the act. The Secretary may join with such other authorities in conducting joint investigations, holding joint hearings and issuing joint or concurrent order or orders complementary to those of the federal government and shall have the authority to employ or designate a joint agent or joint agencies to carry out and enforce such joint, concurrent, or supplementary orders.

Added 1979, No. 101 (Adj. Sess.), § 10; amended 1981, No. 198 (Adj. Sess.), § 10, eff. April 22, 1982; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

Amendments--1981 (Adj. Sess.). Reenacted section without change.

Severability-- 1979, No. 101 (Adj. Sess.) and 1981, No. 198 (Adj. Sess.). See notes set out under § 2671 of this title.

CHAPTER 164. DAIRY INDUSTRY INCOME STABILIZATION PROGRAM

Sec.

History

Revision note. The provisions of this chapter as enacted by 1987, No. 200 (Adj. Sess.)., § 61, were originally designated as sections 2890-2897. However, for purposes of conformity with the classification system of V.S.A., sections 2890-2897, as enacted, were redesignated as sections 2991-2998.

Expiration of chapter. 1987, No. 200 (Adj. Sess.), § 62, eff. May 19, 1988, provides for the termination of section 61 of the act, which added the provisions of this chapter, on April 30, 1989.

§§ 2991-2998. Repealed. 1991, No. 79, § 7.

History

Former §§ 2991-2998. Former §§ 2991-2998, relating to the Dairy Industry Income Stabilization Program, were derived from 1987, No. 200 (Adj. Sess.), § 61 and amended by 1989, No. 6 , §§ 1, 2; No. 85, § 3.

Annotations From Former §§ 2991-2998

1. Actions.

Although Dairy Industry Income Stabilization Program (DIISP) had expired, claim of dairy farmers that DIISP's exclusion of farmers who were not members of a cooperative violated 42 U.S.C. § 1983 was not moot because a live controversy remained concerning whether plaintiffs suffered monetary loss because of an illegal application of DIISP and plaintiffs filed suit long before DIISP expired. Heleba v. Allbee, 160 Vt. 283, 628 A.2d 1237 (1992).

Dairy farmers who were not members of a cooperative did not establish that Commissioner of Agriculture and State Treasurer acted in bad faith by rejecting farmers' applications for inclusion in Dairy Industry Income Stabilization Program (DIISP) after farmers initiated a lawsuit; mere initiation of lawsuit did not create a clearly established right to participate in DIISP. Heleba v. Allbee, 160 Vt. 283, 628 A.2d 1237 (1992).

Where statute provided that dairy farmers who were not members of a regional marketing cooperative were not eligible for a Dairy Industry Income Stabilization Program (DIISP) subsidy, Commissioner of Agriculture and State Treasurer could not be sued in their individual capacities for rejecting DIISP applications of farmers who were not members of cooperatives. Heleba v. Allbee, 160 Vt. 283, 628 A.2d 1237 (1992).

PART 7 Bees; Domestic Fur-Bearing Animals

CHAPTER 171. INSPECTION OF APIARIES

Sec.

§§ 3001-3006. Repealed. 1983, No. 83, § 2.

History

Former §§ 3001-3006. Former § 3001, relating to inspection of apiaries and appointment of assistants, was derived from V.S. 1947, § 4551; P.L. § 4466; G.L. § 437; 1910, No. 18 , § 1 and amended by 1969, No. 200 (Adj. Sess.), § 1. The subject matter is now covered by § 3022 of this title.

Former § 3002, relating to inspection of apiaries and notice to operators, was derived from V.S. 1947, § 4552; P.L. § 4467; G.L. § 438; 1910, No. 18 , § 2 and amended by 1969, No. 200 (Adj. Sess.), § 2. The subject matter is now covered by § 3024 of this title.

Former § 3003, relating to second inspection and destruction of diseased colonies, was derived from V.S. 1947, § 4553; P.L. § 4468; G.L. § 439; 1910, No. 18 , § 3 and amended by 1969, No. 200 (Adj. Sess.), § 3. The subject matter is now covered by § 3025 of this title.

Former § 3004, relating to sale or other disposition of diseased bees, was derived from V.S. 1947, § 4554; P.L. § 4469; G.L. § 440; 1910, No. 18 , § 4 and amended by 1969, No. 200 (Adj. Sess.), § 4. The subject matter is now covered by § 3026 of this title.

Former § 3005, relating to traffic in queen bees and inspection and certification of apiaries, was derived from V.S. 1947, § 4555; P.L. § 4470; G.L. § 441; 1917, No. 254 , § 432; 1910, No. 18 , § 7 and amended by 1969, No. 200 (Adj. Sess.), § 5. The subject matter is now covered by § 3028 of this title.

Former § 3006, relating to rules and regulations, powers of inspectors and impending inspectors, was derived from V.S. 1947, § 4556; 1947, No. 202 , § 4527; P.L. § 447; G.L. § 442; 1910, No. 18 , § 5 and amended by 1969, No. 200 (Adj. Sess.), § 6. The subject matter is now covered by §§ 3030 and 3031 of this title.

§§ 3007, 3008. Repealed. 1969, No. 200 (Adj. Sess.), § 11, eff. March 19, 1970.

History

Former §§ 3007, 3008. Former § 3007, relating to disinfection of clothing and appliances, was derived from V.S. 1947, § 4557; P.L. § 4472; G.L. § 443; 1910, No. 18 , § 6.

Former § 3008, relating to report and records of the commissioner, was derived from V.S. 1947, § 4558; P.L. § 4473; G.L. § 444; 1910, No. 18 , § 8.

§§ 3009-3012. Repealed. 1983, No. 83, § 2.

History

Former §§ 3009-3012. Former § 3009, relating to salaries and expenses of assistants, was derived from 1957, No. 74 , § 1; 1951, No. 101 ; V.S. 1947, § 4559; P.L. § 4474; G.L. § 445; 1917, No. 58 ; 1917, No. 254 , § 436; 1910, No. 18 , § 9 and amended by 1963, No. 57 ; 1969, No. 200 (Adj. Sess.), § 7; 1971, No. 191 (Adj. Sess.), § 10; 1973, No. 88 .

Former § 3010, relating to transportation of bees or used bee equipment into the state, was derived from 1957, No. 74 , § 2 and amended by 1969, No. 200 (Adj. Sess.), § 8. The subject matter is now covered by § 3032 of this title.

Former § 3011, relating to report of bee colony location, was added by 1969, No. 200 (Adj. Sess.), § 9. The subject matter is now covered by § 3023 of this title.

Former § 3012, relating to penalty for violations, was added by 1969, No. 200 (Adj. Sess.), § 10. The subject matter is now covered by § 3035 of this title.

CHAPTER 172. INSPECTION OF APIARIES

Sec.

§ 3021. Definitions.

As used in this chapter:

  1. "Abandoned apiary" means any apiary in this State whose location has not been registered with the Secretary and for which the owner cannot be located after reasonable effort.
  2. "Apiary" means a place where one or more colonies of bees are kept and shall include hives and bees.
  3. "Bee" means the insect commonly known as the honey bee (apis mellifera), or other species of the genus apis, at any stage of its existence including the egg, larval, pupal, or adult stages.
  4. "Brood comb" means a structure of cells composed of beeswax in which bees lay their eggs and in which immature bees are reared.
  5. "Colony" means the hive and its equipment including bees, comb, and honey.
  6. "Secretary" means the Secretary of the Agency of Agriculture, Food and Markets.
  7. "Agency" means the Vermont Agency of Agriculture, Food and Markets.
  8. "Destroy" means to burn bees, combs, and frames, or other equipment which cannot be disinfected by scorching or other approved methods.
  9. "Disease" shall mean any serious malady which is infectious, contagious, or injurious to bees and shall include: American foulbrood, European foulbrood, or external or internal parasites or parasitoids of bees.
  10. "Equipment" means hives, supers, and frames.
  11. "Hive" means frame, hive, box hive, box, barrel, log gum, skep, or other receptacle or container, natural or artificial, or any part thereof, which is used or employed as a domicile for bees.
  12. "Honeycomb" means a structure of cells composed of beeswax in which bees store honey.
  13. "Inspector" means any person designated by the Secretary to inspect apiaries and enforce this chapter.
  14. "Owner" means a person who in any way owns, leases, possesses, or otherwise controls an apiary, colony, hive, bees, or equipment and shall include the agent of such person.
  15. "Person" shall include all corporations, partnerships, associations, societies, individuals or group of individuals or any employee, servant, or agent acting for or employed by any person as defined in this subdivision.

    Added 1983, No. 83 , § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 31.

History

Amendments--2017 (Adj. Sess.) Subdiv. (15): Substituted "as defined in this subdivision" for "as above defined".

Amendments--2003 Subdivs. (2) and (15): Substituted "secretary" for "commissioner" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets", and substituted "agency" for "department" and "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Subdiv. (12): Substituted "secretary" for "commissioner".

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in subdivs. (6) and (7).

§ 3022. Enforcement; inspection.

  1. The Secretary shall enforce the provisions of this chapter.
  2. Any person who is the owner of any bees, apiary, colony, or hive shall pay a $10.00 annual registration fee for each apiary. The fee revenue shall be collected by the Secretary and credited to the Pesticide Monitoring Revolving Fund under section 929 of this title to be used to offset the costs of inspection services and to provide educational services and technical assistance to beekeepers in the State.

    Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 191 (Adj. Sess.), § 31; 2015, No. 57 , § 26, eff. June 11, 2015; 2019, No. 35 , § 7.

History

Amendments--2019. Subsec. (b): Substituted "apiary" for "location of hives" at the end of the first sentence, and substituted "Pesticide Monitoring Revolving Fund under section 929 of this title" for "Weights and Measures Testing Fund" in the second sentence.

Amendments--2015. Subsec. (b): Deleted "together with any other funds appropriated to the Agency for this purpose," preceding "shall be collected" in the second sentence.

Amendments--2013 (Adj. Sess.). Subsec. (b): Rewrote the subsec.

Amendments--2003. Substituted "secretary" for "commissioner" and "agency" for "department".

§ 3023. Registration; report.

  1. Registration.  A person who is the owner of any bees, apiary, colony, or hive in the State shall register with the Secretary in writing on a form provided by the Secretary.
  2. Report.  Annually the owner of any bees, apiary, colony, or hive registered under subsection (a) of this section shall submit a report to the Secretary that includes all of the following information:
    1. The location of all apiaries and number of colonies that the person owns. The location of an apiary shall become its registered location, provided that the apiary is located in accordance with the requirements of section 3034 of this title.
    2. Whether the location of any apiary will change within two weeks of the date that the report is submitted unless the change of location is to provide pollination services and the colonies will be returned to a registered apiary. Hives from a registered apiary may be moved to another registered apiary without reregistering.
    3. Whether a disease was discovered within any hive or colony in a registered apiary.
    4. Whether the owner transported into the State any colonies or used equipment, except as authorized under subsection 3032(c) of this title.
    5. Whether the owner is engaged in the rearing of queen bees or any other bees for sale.
    6. A current varroa mite and pest mitigation plan for each registered apiary.
  3. Notification of Secretary.  The owner of any bees, apiary, colony, or hive registered under subsection (a) of this section shall notify the Secretary as soon as practicable of the detection within an apiary or hive of American foulbrood disease or other disease designated by the Secretary.

    Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 35 , § 3; 2019, No. 129 (Adj. Sess.), § 5.

History

2005. In subdiv. (4), substituted "subsection" for "section" to conform reference to V.S.A. style.

Amendments--2019 (Adj. Sess.). Subdiv. (b)(1): Inserted ", provided that the apiary is located in accordance with the requirements of section 3034 of this title".

Subdiv. (b)(3): Deleted "serious" preceding "disease".

Subdiv. (b)(5): Deleted ", if applicable" at the end of the subdiv. text.

Subdiv. (c): Added.

Amendments--2019. Section heading: Substituted "Registration" for "Duties to".

Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" in the intro. paragraph.

§ 3023a. Vermont beekeeper educational program.

  1. The Secretary, in cooperation with the Vermont Beekeepers Association, shall establish a voluntary educational program to train a person who owns bees, apiaries, colonies, or hives in the State. The educational program shall address:
    1. bee health;
    2. varroa mite identification and control;
    3. identification of common diseases or pests;
    4. proper maintenance of hives;
    5. State laws regarding beekeeping and pesticide application; and
    6. continued education opportunities.
  2. The Secretary shall award a certificate to a person who completes the Vermont beekeeper training program under subsection (a) of this section.

    Added 2019, No. 35 , § 4.

§ 3024. Apiary inspection; owners to control or eradicate bee diseases.

The Secretary, or his or her inspectors, may examine all apiaries as necessary and ascertain whether any disease which is injurious to bees is present. If any such disease is found, the Secretary shall give the owners or caretakers of the diseased apiaries written orders to treat, destroy, or otherwise handle the colonies in order to prevent the spread or dissemination of the disease.

Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

§ 3025. Second inspection of diseased colonies; destruction.

The Secretary or his or her inspectors shall inspect all diseased apiaries a second time no less than 10 days after the first inspection. If the existence of disease within the apiary has been confirmed by a laboratory approved by the Secretary, the inspector may destroy any colonies of bees if he or she finds them not cured of such disease, or not treated or handled according to his or her instructions, together with honey combs, hives, or other equipment, without recompense to the owner thereof. This section shall not preclude an inspector from destroying diseased colonies at any time with the consent of the owner or his or her agent.

Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 129 (Adj. Sess.), § 6.

History

Amendments--2019 (Adj. Sess.). In the second sentence, deleted "federal" preceding "laboratory" and inserted "approved by the Secretary".

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

§ 3026. Sale or other unauthorized disposition of diseased bees.

The owner of any apiary in which a disease exists shall not knowingly sell, barter, give away, or move any diseased bees, colonies, honey, hives, combs, or equipment unless he or she has the written consent of the Secretary; such person shall not in any way expose other bees to the danger of the disease.

Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner".

§ 3027. Abandoned apiaries and equipment.

Any diseased hive or hives found by the Secretary or his or her inspector in an abandoned apiary shall be destroyed. Any abandoned diseased beekeeping equipment may be destroyed.

Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

§ 3028. Traffic in bees; inspection; certification.

A person engaged in the rearing of bees for sale shall have his or her apiary inspected by the Secretary prior to sale at least once each summer season and, if any disease is found which is injurious to bees, shall at once cease to ship bees from such diseased apiary until the Secretary declares, in writing, such apiary free from all such diseases, and whenever the Secretary shall find the apiary rearing bees for sale free from disease, he or she shall furnish the owner with a certificate to that effect.

Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 129 (Adj. Sess.), § 7.

History

Amendments--2019 (Adj. Sess.). Inserted "prior to sale" preceding "at least" and substituted "once each" for "twice during".

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 3029. Movable comb frames required.

  1. All hives shall be constructed with frames containing the honeycombs and brood combs which may be removed from the hive for purposes of inspection.  Upon determination that any hive containing bees is not constructed with removable frames, the Secretary or his or her inspector may:
    1. order the owner to immediately transfer the bees to a hive with removable frames; or
    2. grant the owner an extension for a specific period of time after which the owner must transfer the bees to a hive with removable frames.
  2. The Secretary may, by rule, create a permit program to allow persons to operate hives without removable frames for exhibition purposes. The owner of such a hive will not be in violation of this section so long as he or she holds a valid permit and is in compliance with all applicable rules which the Secretary may adopt.
  3. Upon determination that an owner has violated the terms of this section or any rule adopted pursuant to this section, the Secretary may destroy the hive or hives. Any determination of a violation shall be appealable to the Secretary, who shall provide the owner a hearing within ten days of the determination of the violation, during which the order to destroy shall be stayed.

    Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 23 , § 77.

History

Amendments--2015. Subsec. (b): Substituted "rule" for "regulation" in the first sentence, and "rules" for "regulations" and "adopt" for "promulgate" in the second sentence.

Subsec. (c): Substituted "rule adopted" for "regulation promulgated" in the first sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 3030. Rules.

The Secretary may adopt and enforce rules to implement the requirements of this chapter, including rules regarding:

  1. inspection, disinfection, seizure, destruction, or other disposition of bees, equipment, or bee products capable of carrying or transmitting any disease;
  2. importation of bees, equipment, or bee products capable of carrying or transmitting any disease; or
  3. registration and reporting by persons owning bees, an apiary, a colony, or a hive.

    Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 23 , § 78; 2019, No. 35 , § 6.

History

2005. Substituted "adopt" for "may" to more accurately indicate the rule-making process.

Amendments--2019. Deleted "such" following "adopt and enforce," and substituted "to implement the requirements of this chapter, including rules regarding" for "which may provide for" in the introductory paragraph, added the subdiv. (1) designation, and added subdivs. (2) and (3).

Amendments--2015. Substituted "rules" for "regulations" in the section heading, deleted "promulgate" following "adopt" and "and regulations" preceding "which may provide", and made a minor change in punctuation.

Amendments--2003. Substituted "secretary" for " commissioner".

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

§ 3031. Right of entry; impeding prohibited.

The Secretary or his or her authorized inspector may enter at a reasonable hour public or private premises, except private dwellings, for the purpose of enforcing the provisions of this chapter and shall have access, ingress, and egress to any apiary or place where he or she has reason to believe bees or equipment are kept. Any person who restricts, impedes, gives false information or hinders in any way the Secretary or his or her inspectors in the discharge of his or her duties shall be subject to the penalties provided for in section 3035 of this title.

Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in two places within the section.

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

§ 3032. Transportation of bees or used equipment into the State.

  1. Except as provided under subsections (c) and (d) of this section, bees, used equipment, or colonies shall not be brought into the State of Vermont unless approved by the Secretary by permit. The Secretary shall not approve the import of bees, used equipment, or colonies from out of state unless accompanied by a valid certificate of inspection within the previous 45 days from the state or country of origin stating that the bees, used equipment, or bee colonies are free from bee disease.
  2. Any person, other than a common carrier, who knowingly transports or causes to be transported used equipment or colonies to a point within this State shall provide the Secretary with an approved import permit and certificate of inspection not less than 10 days prior to entry into this State.
  3. This section shall not apply to a shipment of bees, equipment, or colonies that originated outside the State and is destined for another point that is also located outside this State.
  4. The Secretary shall not require an import permit or a valid certificate of inspection under subsection (a) of this section for bees, used equipment, or colonies that:
    1. are registered in Vermont;
    2. were transported not more than 75 miles from the registered location of the owner of the bees or colonies; and
    3. are imported back into the State within 30 days of the date of original transport.

      Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 35 , § 5; 2019, No. 129 (Adj. Sess.), § 8.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "45" for "60" in the second sentence.

Subsec. (b): Substituted "an approved import permit and certificate of inspection not less than 10 days prior to" for "a copy of the certificate of inspection not more than 72 hours after".

Subdiv. (d)(3): Substituted "30" for "90".

Amendments--2019. Subsec. (a): Substituted "Except as provided under subsections (c) and (d) of this section" for "No", inserted "not" preceding "be brought into the State", and added "approved by the Secretary by permit" at the end of the first sentence, added "The Secretary shall not approve the import of bees, used equipment, or colonies from out of state unless" at the beginning of the second sentence, and substituted "60 days" for "ten months" in the second sentence.

Subsec. (d): Added.

Amendments--2003. Subsec. (b): Substituted "secretary" for "commissioner".

§ 3033. Shipping bees or equipment into another state or country; application for inspection; expenses; certificate.

  1. If an owner wishes to ship bees or equipment into another state or country, he or she may apply to the Secretary for an inspection for bee diseases likely to prevent the acceptance of the bees or beekeeping equipment in the state or country.
  2. Upon receipt of the application, or as soon thereafter as may be conveniently practicable, the Secretary shall comply with the request.

    Added 1983, No. 83 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 129 (Adj. Sess.), § 9.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Deleted "serious" preceding "bee diseases".

Amendments--2003. Substituted "secretary" for "commissioner" in subsecs. (a) and (b).

§ 3034. Establishing an apiary location.

No person shall locate an apiary within two miles of an existing apiary registered to a different person, with the following exceptions:

  1. a person may locate an apiary anywhere on his or her own property;
  2. beekeepers with a total ownership of ten hives or less shall be exempt from this restriction;
  3. existing apiaries so long as they are properly registered with the State are exempt;
  4. a person may locate an apiary within two miles of another existing apiary provided the owner of the existing apiary gives written permission or the existing apiary has less than 15 hives; or
  5. if a registered apiary of 15 or more hives should fall below and remain below 15 hives, anyone can petition the State and establish an apiary within two miles of the existing apiary provided the number of hives in the existing apiary stays below 15 for two years from the time of the petition.  An apiary that loses the protection of the two-mile limit in this manner cannot be built back above the number of hives it had at the end of the two-year period.

    Added 1983, No. 83 , § 1; amended 2019, No. 129 (Adj. Sess.), § 10.

History

Revision note. Substituted a colon for a semicolon at the end of the introductory paragraph to correct a grammatical error.

Amendments--2019 (Adj. Sess.). Subdiv. (4): Inserted "or" at the end.

Cross References

Cross references. Duty to report location of apiary, see § 3023 of this title.

§ 3035. Penalty.

A person who violates a provision of this chapter, or a regulation adopted under its authority, shall be fined not more than $500.00 for each offense.

Added 1983, No. 83 , § 1.

CHAPTER 173. DOMESTIC FUR-BEARING ANIMALS

Sec.

History

Severability of enactment. V.S. 1947, § 4892, provided: "If any provision of the three preceding section [this chapter] shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, section or part thereof directly involved in the controversy in which such judgment shall have been rendered."

§§ 3071-3073. Repealed. 2015, No. 61, § 13, effective June 17, 2015.

History

Former §§ 3071-3073. Former § 3071, relating to domestic fur-bearing animals and property rights, was derived from 2003, No. 42 , § 2, eff. May 27, 2003.

Former § 3072, relating to brands, was derived from V.S. 1947, § 4890; 1947, No. 202 , § 4836; 1939, No. 93 , § 2 and amended by 1975, No. 220 (Adj. Sess.), § 15 and 2003, No. 42 , § 2.

Former § 3073, relating to penalties, was derived from V.S. 1947, § 4891; 1947, No. 202 , § 4837; 1939, No. 93 , § 3.

Annotations From Former § 3071

1. Construction with other laws.

This chapter is not inconsistent with any of the provisions of Title 10 relating to propagation farms. 1938-40 Op. Atty. Gen. 188.

2. Purpose.

This chapter was enacted to classify certain fur-bearing animals as domestic animals, which are now subject to attachment, taxation, etc., and are subject to trespass or larceny, either while remaining in or escaping from restraint or captivity. 1938-40 Op. Atty. Gen. 188.

PART 8 Commercial Slaughter of Livestock

CHAPTER 201. HUMANE SLAUGHTER OF LIVESTOCK

Sec.

§ 3131. Definitions.

As used in this chapter:

  1. "Secretary" means the Secretary of Agriculture, Food and Markets.
  2. "Slaughterer" means any person regularly engaged in the commercial slaughtering of livestock.
  3. "Livestock" means cattle, calves, sheep, swine, horses, mules, goats, fallow deer, American bison, and any other animal which can or may be used in and for the preparation of meat or meat products.
  4. "Packer" means any person engaged in the business of slaughtering, manufacturing, or preparing meat or meat products for sale.
  5. "Stockyard" means any place, establishment, or facility conducted or operated for compensation or profit as a public market, consisting of pens, or other enclosures, and their appurtenances, for the handling, keeping, and holding of livestock for sale or shipment.
  6. "Humane method" means either:
    1. A method whereby the animal is rendered insensible to pain by mechanical, electrical, chemical, or other means that is rapid and effective before being shackled, hoisted, thrown, cast, or cut.
    2. A method in accordance with ritual requirements of the Jewish faith or any other religious faith whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

      1967, No. 297 (Adj. Sess.), § 1, eff. March 20, 1968; amended 1987, No. 276 (Adj. Sess.), § 3; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" and "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subsec. (a).

Amendments--1987 (Adj. Sess.). Subsec. (c): Inserted "fallow deer, American bison" following "goats".

§ 3132. Prohibition.

No slaughterer, packer, or stockyard operator may bleed or slaughter livestock except by a humane method. The use of a manually operated hammer, sledge, poleax, or similar instrument is not a humane method within the meaning of this chapter.

1967, No. 297 (Adj. Sess.), § 2, eff. March 20, 1968.

§ 3133. Administration; rules and regulations.

The Secretary shall administer this chapter, and shall adopt and from time to time revise rules and regulations to affect its purpose. The rules and regulations shall conform substantially with those promulgated by the Secretary of Agriculture of the United States under the Federal Humane Slaughter Act of 1958, Public Law 85-765, 72 Statute 862, as from time to time amended, but may be modified to meet local conditions.

Added 1967, No. 297 (Adj. Sess.), § 3, eff. March 20, 1968, amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Reference in text. The Federal Humane Slaughter Act of 1958, Public Law 85-765, 72 Stat. 862, referred to in this section, is codified as 7 U.S.C. § 1901 et seq.

2005. Substituted "adopt" for "promulgate" to more accurately indicate the rule-making process.

Amendments--2003. Substituted "secretary" for "commissioner" and "secretary of agriculture" for "commissioner of agriculture".

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

§ 3134. Penalty.

A person who violates section 3132 of this title shall be guilty of a misdemeanor and shall be fined upon conviction not more than $ $1,000.00 for the first violation, not more than $5,000.00 for the second violation, and not more than $10,000.00 per violation for the third and any subsequent violations, or imprisoned not more than two years, or both. In addition to the penalties provided in this subsection, the Secretary may seek an injunction against a slaughterer, packer, or stockyard operator who engages in practices which are prohibited by section 3132 of this title, by application to the Superior Court for the county in which such slaughterer, packer, or stockyard operator resides, or where such violations occur. The Secretary may refer a violation of section 3132 of this title to the attorney general or the State's Attorney for criminal prosecution. The Secretary may also take any action authorized under chapter 1 of this title.

Added 1967, No. 297 (Adj. Sess.), § 5, eff. March 20, 1968; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 158 (Adj. Sess.), § 9, eff. June 3, 2010.

History

Revision note. In the second sentence, substituted "by application to the superior court" for "by a petition to the court of chancery" following "3132 of this title" to conform language to Rule 65, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(e) and 1973, No. 193 (Adj. Sess.), § 3. See notes set out under §§ 71 and 219 of Title 4.

Amendments--2009 (Adj. Sess.) Rewrote the first sentence, substituted "in this subsection" for "above" preceding "the Secretary" in the second sentence, and added the third and fourth sentences.

Amendments--2003. Substituted "secretary" for "commissioner" in the second sentence.

CHAPTER 203. MEAT AND POULTRY INSPECTION

Sec.

§§ 3191-3212. Repealed. 1985, No. 226 (Adj. Sess.), § 5, eff. June 2, 1986.

History

Former §§ 3191-3212. Former § 3191, relating to definitions, was derived from 1966, No. 42 (Sp. Sess.), § 1 and amended by 1969, No. 56 , § 1. The subject matter is now covered by § 3302 of this title.

Former § 3192, relating to administration, was derived from 1966, No. 42 (Sp. Sess.), § 2 and amended by 1967, No. 135 , § 1; 1969, No. 56 , § 2. The subject matter is now covered by §§ 3304 and 3305 of this title.

Former § 3193, relating to powers and duties of the board of appeals, was added by 1967, No. 135 , § 8.

Former § 3194, relating to powers of the department of health and local boards, was derived from 1966, No. 42 (Sp. Sess.), § 18.

Former § 3195, relating to cooperation with other agencies, was derived from 1966, No. 42 (Sp. Sess.), § 14.

Former § 3196, relating to licenses, was derived from 1966, No. 42 (Sp. Sess.), § 3(a)-(c) and amended by 1969, No. 56 , § 3. The subject matter is now covered by § 3306 of this title.

Former § 3197, relating to license fees and expiration date of licenses, was derived from 1966, No. 42 (Sp. Sess.), § 3(d) and amended by 1969, No. 56 , § 4; 1971, No. 177 (Adj. Sess.), § 3; 1973, No. 19 , § 1; 1975, No. 220 (Adj. Sess.), § 16. The subject matter is now covered by § 3306 of this title.

Former § 3198, relating to revocation of licenses, was derived from 1966, No. 42 (Sp. Sess.), § 3(e). The subject matter is now covered by § 3306 of this title.

Former § 3199, relating to plant construction and equipment, was derived from 1966, No. 42 (Sp. Sess.), § 4 and amended by 1967, No. 135 , §§ 1, 2; 1969, No. 56 , § 5.

Former § 3200, relating to adulteration and trichinae, was derived from 1966, No. 42 (Sp. Sess.), § 8(c), (d).

Former § 3201, relating to labeling, was derived from 1966, No. 42 (Sp. Sess.), § 10 and amended by 1967, No. 135 , §§ 4, 5; 1969, No. 56 , § 6. The subject matter is now covered by § 3305 of this title.

Former § 3202, relating to antemortem inspection, was derived from 1966, No. 42 (Sp. Sess.), § 5 and amended by 1969, No. 56 , § 7. The subject matter is now covered by § 3304 of this title.

Former § 3203, relating to postmortem inspection, was derived from 1966, No. 42 (Sp. Sess.), § 6 and amended by 1969, No. 56 , § 8. The subject matter is now covered by § 3304 of this title.

Former § 3204, relating to reinspection, was derived from 1966, No. 42 (Sp. Sess.), § 8(a) and amended by 1967, No. 135 , § 11; 1969, No. 56 , § 9. The subject matter is now covered by § 3304 of this title.

Former § 3205, relating to inspection requirements, was derived from 1966, No. 42 (Sp. Sess.), § 15 and amended by 1969, No. 56 , § 10.

Former § 3206, relating to inspection legend, was derived from 1966, No. 42 (Sp. Sess.), § 9 and amended by 1969, No. 56 , § 11.

Former § 3207, relating to hours of plant operation, was derived from 1966, No. 42 (Sp. Sess.), §§ 7, 8(b).

Former § 3208, relating to access to premises, was derived from 1966, No. 42 (Sp. Sess.), § 11. The subject matter is now covered by § 3313 of this title.

Former § 3209, relating to embargo, seizure, condemnation and disposal, was derived from 1966, No. 42 (Sp. Sess.), § 12 and amended by 1969, No. 56 , § 12. The subject matter is now covered by § 3315 of this title.

Former § 3210, relating to exemptions, was derived from 1966, No. 42 (Sp. Sess.), § 16 and amended by 1967, No. 135 , § 6; 1969, No. 56 , § 13. The subject matter is now covered by §§ 3305 and 3312 of this title.

Former § 3211, relating to appeals, was derived from 1966, No. 42 (Sp. Sess.), § 17 and amended by 1967, No. 135 , § 7. The subject matter is now covered by § 3316 of this title.

Former § 3212, relating to penalties, was derived from 1966, No. 42 (Sp. Sess.), § 17; 1967, No. 135 , § 9. The subject matter is now covered by § 3317 of this title.

Effect of existing rules. 1985, No. 226 (Adj. Sess.), § 3, eff. June 2, 1986, provided that all rules promulgated pursuant to this chapter and in force at the time chapter 204 of this title becomes effective shall remain in effect until such time as they are amended or repealed by commissioner.

CHAPTER 204. PREPARATION OF LIVESTOCK AND POULTRY PRODUCTS

Sec.

History

Revision note. This chapter was originally enacted without a heading which was supplied to conform to V.S.A. style.

Severability of enactment. 1985, No. 226 (Adj. Sess.), § 2, eff. June 2, 1986, provided: "If any provision of this chapter or the application to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of the provision to other persons and circumstances shall not be affected."

Agency of Agriculture, Food and Markets; education and outreach; technical and financial assistance; poultry producers. 2017, No. 52 , § 4 provides: "The Secretary of Agriculture, Food and Markets shall conduct outreach and education for poultry producers seeking to slaughter poultry under an exception under 6 V.S.A. § 3312 to State inspection of slaughter. The education and outreach shall specify the requirements for operation under an exception to inspection, including the sanitary standards that must be satisfied for each exception. The education and outreach shall also provide information on how a poultry producer can access financial or technical assistance for complying with sanitary standards required under 6 V.S.A. § 3312. Any education or outreach material shall provide a contact or reference to provide additional information regarding slaughter under an exception to inspection. The Secretary of Agriculture, Food and Markets shall post to the Agency of Agriculture, Food and Markets website any education or outreach materials produced under this section."

Cross References

Cross references. Livestock dealers, see § 761 et seq. of this title.

§ 3301. Legislative findings.

Meat, meat food products, poultry, and poultry products are an important source of the State's total supply of food. They are consumed throughout the State. It is essential to the public interest that the health and welfare of consumers be protected by assuring that these commodities are wholesome, unadulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat, meat food products, and poultry products impair the effective regulation of intrastate commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated and properly labeled and packaged meat, meat food product, and poultry product, as well as cause injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, unadulterated, correctly labeled, or nondeceptively packaged articles, to the detriment of consumers and the public generally. It is hereby found that the regulation, enforcement, licensing, and other provisions contained within this chapter are necessary to protect the health and welfare of consumers.

Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986.

§ 3302. Definitions.

As used in this chapter, except as otherwise specified, the following terms shall have the meanings stated below:

  1. "Adulterated" shall apply to any livestock product or poultry product under one or more of the following circumstances:
    1. If it contains any poisonous or harmful substance which may render it injurious to health. The product shall not be considered adulterated under this definition if the quantity of the substance in or on the product does not ordinarily render it injurious to health.
    2. If it contains any added poisonous or harmful substance which may, in the judgment of the Secretary, make the product unfit for human food.
    3. If it is a raw agricultural commodity and the commodity contains a pesticide chemical which is unsafe within the meaning of 21 U.S.C. § 346a (tolerances for pesticide residues).
    4. If it contains any food additive which is unsafe within the meaning of 21 U.S.C. § 348 (unsafe food additives).
    5. If it contains any color additive which is unsafe within the meaning of 21 U.S.C. § 379e (listing of color additives). A product which is not otherwise deemed adulterated under subdivisions (C) and (D) of this subdivision (1) shall be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on the product is prohibited by rules of the Secretary in official or licensed establishments.
    6. If it consists of any filthy, putrid, or decomposed substance or is unsound, unhealthful, unwholesome, or otherwise unfit for human food.
    7. If it has been prepared, packed, or held under unsanitary conditions where it may have become contaminated with filth, or where it may have been rendered injurious to health.
    8. If it is the product of an animal, including poultry, which has died in a manner other than by slaughter.
    9. If its container is composed of any poisonous or harmful substance which may render the contents injurious to health.
    10. If it has been subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to 21 U.S.C. § 348.
    11. If any valuable constituent has been omitted or abstracted; or if any substance has been substituted, wholly or in part; or if damage or inferiority has been concealed in any manner; or if any substance has been added or mixed or packed so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
    12. If it is margarine containing animal fat and any of the raw material used consisted of any filthy, putrid, or decomposed substance.
  2. "Animal food manufacturer" means any person engaged in the business of preparing animal, including poultry, food derived wholly or in part from livestock or poultry carcasses or parts or products of carcasses.
  3. "Broker" or "meat and poultry products broker" means any person engaged in the business of buying or selling livestock products or poultry products for other persons on commission, or otherwise negotiating purchases or sales of these products other than for his or her own account or as an employee of another person.
  4. "Capable of use as human food" shall apply to any livestock or poultry carcass, or part or product of any livestock or poultry carcass, unless it is denatured or otherwise identified as required by rules prescribed by the Secretary to deter its use as human food, or which is naturally inedible by humans.
  5. "Commercial processor" means any person who maintains an establishment under this chapter for the purpose of processing livestock, meat, meat food product, poultry, or poultry product other than for the exclusive use in the household of the owner of the commodity, by him or her and members of his or her household and his or her nonpaying guests and employees.
  6. "Commercial slaughterhouse" means any person engaged in the business of slaughtering livestock or poultry other than as a custom slaughterer or a person conducting slaughter under subsections 3312(b), (c), and (d) of this title.
  7. "Secretary" means the Secretary of Agriculture, Food and Markets or designee.
  8. "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.
  9. "Custom processor" means any person who maintains an establishment under this chapter for the purpose of processing livestock, meat, meat food product, poultry, or poultry product exclusively for use, in the household of the owner of the commodity, by him or her and members of his or her household, and his or her nonpaying guests and employees.
  10. "Custom slaughterhouse" means a person who maintains a slaughtering establishment under this chapter for the purposes of slaughtering livestock or poultry for another person's exclusive use by him or her and members of his or her household and his or her nonpaying guests and employees.
  11. "Federal Food, Drug, and Cosmetic Act" means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and amendatory or supplementary acts codified at 21 U.S.C. §§ 301-399f. It shall include as part of its meaning the Vermont Food, Drug, Cosmetic and Hazardous Substance Labeling Act codified at 18 V.S.A. chapter 82, subchapter 1, rules adopted under that chapter, and amendatory or supplementary acts, where not inconsistent with the Federal Food, Drug, and Cosmetic Act.
  12. "Federal Meat Inspection Act" means the Act so entitled approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584); the term "Federal Poultry Products Inspection Act" means the Act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791); and the term "Federal Acts" mean these two federal laws.
  13. "Handler of dead, dying, disabled, or diseased animals" means any person who buys, sells, transports, or otherwise handles any animal which died other than by slaughter, or any animal which displays symptoms of having any of the following:
    1. central nervous system disorder;
    2. abnormal temperature, high or low;
    3. difficult breathing;
    4. abnormal swellings;
    5. lack of muscular coordination;
    6. inability to walk normally or stand; or
    7. any of the conditions for which livestock is required to be condemned on antemortem inspection in accordance with the requirements of this chapter and the rules adopted pursuant to this chapter.
  14. "Head of service" means the person designated by the Secretary to be in charge of the day-to-day operations of the Vermont Meat and Poultry Inspection and Licensing Program established by this chapter.
  15. "Immediate container" means any consumer package, or any other container in which livestock products or poultry products, not consumer packaged, are packed.
  16. "Inspector" means an employee or official of the State of Vermont authorized by the Secretary or any employee or official of the federal government or of any other governmental entity of this State, authorized by the Secretary to perform any inspection functions under this chapter under an agreement between the Secretary and the governmental entity.
  17. "Intrastate commerce" means any commerce within this State.
  18. "Label" means a display of written, printed, or graphic matter upon any product or the immediate container, not including package liners, of any product.
  19. "Labeling" means all labels and other written, printed, or graphic matter:
    1. upon any product or any of its containers or wrappers; or
    2. accompanying the product.
  20. "Licensed establishment" means any person required to hold a license under section 3306 of this title.
  21. "Livestock" means any cattle, sheep, swine, goats, horses, mules, or other equines, whether live or dead.
  22. "Livestock product" means any carcass, or part of a carcass, meat, or meat food product of any livestock.
  23. "Meat" means the part of the muscle of any cattle, sheep, swine, goats, horses, mules, or other equines which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, blood vessels that normally accompany the muscle tissue and that does not include the muscle found in the lips, snout, or ears.
  24. "Meat food product" and "meat product" mean any product capable of use as human food that is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products that are exempted from definition as a meat food product by the Secretary under conditions that he or she may prescribe to assure that the meat or other portions of carcass contained in products are unadulterated and that products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, and goats.
  25. "Misbranded" shall apply to any livestock product or poultry product under one or more of the following circumstances:
    1. if its labeling is false or misleading in any way;
    2. if it is offered for sale under the name of another food;
    3. if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated;
    4. if its container is made, formed, or filled as to be misleading;
    5. unless it bears a label showing:
      1. the name and place of business of the manufacturer, packer, or distributor; and
      2. an accurate statement of the quantity of the product in terms of weight, measure, or numerical count; provided, that under this subdivision (E), exemptions as to livestock products not in containers may be established by rules prescribed by the Secretary and provided, further, that under subdivision (ii) of this subdivision (E), reasonable variations may be permitted, and exemptions as to small packages may be established for livestock products or poultry products by rule prescribed by the Secretary;
    6. if any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed with such conspicuousness as compared with other words, statements, designs, or devices, in the labeling and in terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
    7. if it is represented as a food for which a definition and standard of identity or composition has been prescribed by the rules of the Secretary under section 3305 of this title unless:
      1. it conforms to the definition and standard; and
      2. its label bears the name of the food specified in the definition and standard and, insofar as may be required by rules, the common names of optional ingredients other than spices, flavoring, and coloring present in the food;
    8. if it is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the Secretary under section 3305 of this title and it falls below the standard of fill of container, unless its label bears, in such manner and form as the rules specify, a statement that it falls below the standard;
    9. if it is not subject to the provisions of subdivision (G) of this subdivision (25), unless its label bears:
      1. the common or usual name of the food, if any; and
      2. in case it is fabricated from two or more ingredients, the common name of each ingredient, except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each; provided, that, to the extent that compliance with the requirements of subdivision (ii) of this subdivision (I) is impracticable, or results in deception or unfair competition, exemptions shall be established by rules adopted by the Secretary;
    10. if it is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary determines to be, and by rules prescribe as, necessary in order to fully inform purchasers as to its value for these uses;
    11. if it contains any artificial flavoring, artificial coloring, or chemical preservative, unless it has a label stating that fact; provided, that to the extent that compliance with the requirements of this subdivision (K) is impracticable, exemptions shall be established by rules adopted by the Secretary;
    12. if it fails to have, directly on its containers, as the Secretary may by rules prescribe, the official inspection legend and establishment number of the establishment where the product was prepared, and, unrestricted by any of the foregoing, such other information as the Secretary may require in rules to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the product in a wholesome condition.
  26. "Official certificate" means any certificate prescribed by rules of the Secretary for issuance by an inspector or other person performing official functions under this chapter.
  27. "Official device" means any device prescribed or authorized by the Secretary for use in applying any official mark.
  28. "Official establishment" means any establishment as determined by the Secretary at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained  under the authority of this chapter.
  29. "Official inspection legend" means any symbol prescribed by rules of the Secretary showing that a product was inspected and passed in accordance with this chapter.
  30. "Official mark" means the official inspection legend or any other symbol prescribed by rules of the Secretary to identify the status of any product of livestock or poultry under this chapter.
  31. "Person" includes any individual, partnership, corporation, association, or other business unit, and any officer, agent or employee.
  32. "Pesticide chemical," "food additive," "color additive," and "raw agricultural commodity" shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act.
  33. "Poultry" means any domesticated bird, whether live or dead.
  34. "Poultry product" means any poultry carcass or part of a carcass; or any product which is made wholly or in part from any poultry carcass or part of a carcass, excepting products which are exempted by the Secretary from definition as a poultry product under conditions which he or she may prescribe to assure that the poultry ingredients in products are not adulterated, and that these products are not represented as poultry products.
  35. "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.
  36. "Public warehouseman" means any person who acts as a temporary custodian of meat, meat food product, or poultry product stored in that person's warehouse for a fee.
  37. "Reinspection" includes inspection of the preparation of livestock products and poultry products, as well as reexamination of products previously inspected.
  38. "Renderer" means any person engaged in the business of rendering livestock or poultry carcasses, or parts of products of carcasses, except rendering conducted under inspection or exemption under this chapter.
  39. "Retail vendor" means any person who sells, displays, advertises for sale, offers for sale, or has available for sale meat, meat food products, or poultry products for purchase by consumers.  Retail vendors include persons who operate stores, sell or attempt to sell to consumers at their homes, or otherwise sell, display, advertise, offer, or have available for sale, meat food products or poultry products at retail for purchase by consumers.
  40. "Shipping container" means any container used or intended for use in packaging the product packed in an immediate container.
  41. "Wholesale distributor" means any person who sells meat to retail vendors, other merchants, or to industrial, institutional, and commercial users mainly for resale or business use.
  42. "Mobile slaughter and processing establishment" means any transportable structure used for slaughtering or processing of meat or poultry products on a farm or on an agricultural fairground registered pursuant to 20 V.S.A. § 3902 .
  43. "Itinerant livestock slaughter" means slaughter, in accordance with the requirements of subsection 3311a(e) of this title, of livestock owned by a person for his or her exclusive use or for use by members of his or her household and his or her nonpaying guests and employees.
  44. "Itinerant poultry slaughter" means the slaughter of poultry:
    1. at a person's home or farm in accordance with subsection 3312(b) of this title; or
    2. at a facility approved by the Secretary for the slaughtering of poultry.
  45. "Itinerant slaughterer" means a person who, for compensation or gain, engages in itinerant livestock slaughter or itinerant poultry slaughter.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 228 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 201 (Adj. Sess.), § 3; 2007, No. 38 , § 10, eff. May 21, 2007; 2011, No. 13 , § 1, eff. April 28, 2011; 2013, No. 83 , § 1, eff. June 10, 2013; 2017, No. 52 , § 3, eff. May 30, 2017; 2017, No. 74 , § 12; 2019, No. 129 (Adj. Sess.), § 11.

History

Reference in text. Section 408 of the Federal Food, Drug, and Cosmetic Act, referred to in subdiv. (1)(C), is codified as 21 U.S.C. § 346a.

Section 409 of the Federal Food, Drug, and Cosmetic Act, referred to in subdivs. (1)(D) and (1)(J), is codified as 21 U.S.C. § 348.

Section 706 of the Federal Food, Drug, and Cosmetic Act, referred to in subdiv. (1)(E), is codified as 21 U.S.C. § 376.

The Federal Food, Drug, and Cosmetic Act, referred to in subdivs. (11) and (32), is codified as 21 U.S.C. § 301 et seq.

The Federal Meat Inspection Act, as amended by the Wholesome Meat Act, referred to in subdiv. (12), is classified principally to 21 U.S.C. § 601 et seq.

The Federal Poultry Products Inspection Act as amended by the Wholesome Poultry Products Act, referred to in subdiv. (12), is codified as 21 U.S.C. § 451 et seq.

Revision note. In the second sentence of subdiv. (1)(E), substituted "subdivisions (1)(C) and (D) of this section and this subdivision" for "subdivisions (C), (D), and (E)" to conform reference to V.S.A. style.

In subdiv. (20), substituted "section 3306 of this title" for "section 305a of this chapter" to correct an error.

Amendments--2019 (Adj. Sess.). Subdiv. (21): Deleted "domestic rabbits," following "goats,".

Subdiv. (24): Substituted "that" for "which" following "human food", "excepting products", and "under conditions" in the first sentence; and deleted "domestic rabbits," following "swine," in the first and second sentences.

Amendments--2017. Subdiv. (1)(C): Act No. 74 substituted "21 U.S.C. § 346a (tolerances for pesticide residues)" for "section 408 of the Federal Food, Drug, and Cosmetic Act".

Subdiv. (1)(D): Act No. 74 substituted "21 U.S.C. § 348 (unsafe food additives)" for "section 409 of the Federal Food, Drug, and Cosmetic Act".

Subdiv. (1)(E): Act No. 74 substituted "21 U.S.C. § 379e (listing of color additives)" for "section 706 of the Federal Food, Drug, and Cosmetic Act" in the first sentence.

Subdiv. (1)(J): Act No. 74 substituted "21 U.S.C. § 348" for "section 409 of the Federal Food, Drug, and Cosmetic Act".

Subdiv. (6): Act No. 52 added "or a person conducting slaughter under subsections 3312(b), (c), and (d) of this title" at the end.

Subdiv. (11): Amended generally by Act No. 74.

Subdivs. (13)(G), (25)(I)(ii) and (25)(K): Act No. 74 substituted "adopted" for "promulgated" following "rules".

Amendments--2013. Subdiv. (10): Deleted "and who is not engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products or any cattle, sheep, swine, goats, domestic rabbits, equines, or poultry, capable of use as human food" following "employees".

Subdivs. (43)-(44): Added.

Amendments--2011. Subdiv. (34): Deleted "including quail, pheasant, and partridge" following "carcass" and "otherwise" preceding "exempted".

Amendments--2007. Subdiv. (42): Added.

Amendments--2005 (Adj. Sess.). Subdiv. (34): Inserted "including quail, pheasant, and partridge" following the fourth instance of "carcass" and "otherwise" preceding "exempted."

Amendments--2003. Substituted "secretary" for "commissioner", "agency of agriculture, food and markets" for "department of agriculture, food and markets", and "agency" for "department" wherever the terms appeared throughout the section.

Amendments--1991 (Adj. Sess.). Subdiv. (23): Deleted "domestic rabbits" preceding "horses".

Amendments--1989 (Adj. Sess.). Subdiv. (7): Substituted "department of agriculture, food and markets" for "department of agriculture".

§ 3303. Purposes.

It is the objective of this chapter to provide for meat and poultry products inspection programs that will impose and enforce requirements with respect to intrastate operations and commerce that are at least equal to those imposed and enforced under the Federal Meat Inspection Act and the Federal Poultry Products Inspection Act with respect to operations and transactions in interstate commerce. In addition, it is the further objective of this chapter to provide for licensing, and periodic review of establishments, such as retail vendors, custom licensed establishments, and wholesale distributors, which are not subject to traditional inspection under the Federal Meat Inspection Act and the Federal Poultry Products Inspection Act. In this way the public will be better protected from uninspected, adulterated, unwholesome, mislabeled, or otherwise illegal meat and poultry products. The Secretary is directed to administer this chapter so as to accomplish these purposes. The Agency of Agriculture, Food and Markets is designated as the appropriate State agency to cooperate with the Secretary of Agriculture of the United States and to administer this chapter.

Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Reference in text. The Federal Meat Inspection Act, referred to in this section, is codified principally to 21 U.S.C. § 601 et seq.

The Federal Poultry Products Inspection Act, referred to in this section, is codified as 21 U.S.C. § 451 et seq.

Amendments--2003. Substituted "secretary" for "commissioner" in the fourth sentence and "agency of agriculture, food and markets" for "department of agriculture, food and markets" in the fifth sentence.

Amendments--1989 (Adj. Sess.). Substituted "department of agriculture, food and markets" for "department of agriculture" in the fifth sentence.

§ 3304. Powers of the Secretary.

In order to accomplish the objectives stated in section 3303 of this title, the Secretary shall:

  1. by rules require ante mortem and post mortem inspections, quarantine, segregation, and reinspections with respect to the slaughter of livestock and poultry and the preparation of livestock products and poultry products at all establishments in this state, except those exempted by him or her under subdivision (13) of section 3305 of this title, at which livestock or poultry are slaughtered or livestock products or poultry products are prepared for human food solely for distribution in intrastate commerce;
  2. by rules require the identification of livestock and poultry for inspection purposes and the marking and labeling of livestock products or poultry products or their containers, or both, as "Vermont Inspected and Passed" if the products are not found upon inspection to be adulterated and "Vermont Inspected and Condemned" if they are found upon inspection to be adulterated, and the destruction for food purposes of all the condemned products under the supervision of an inspector;
  3. prohibit the entry into official establishments of livestock products and poultry products not prepared under federal inspection or inspection pursuant to this chapter and further limit the entry of these articles and other materials into establishments under conditions which he or she deems necessary to accomplish the purposes of this chapter;
  4. by rules require that when livestock products and poultry products leave official establishments they shall bear directly on the products or on their containers, or both, as he or she may require, all information required under subdivision 3302(25) of this title; and require approval of all labeling and containers to be used for the products when sold or transported in intrastate commerce to assure that they comply with the requirements of this chapter;
  5. investigate the sanitary conditions of each establishment within subdivision (1) of this section and withdraw or otherwise refuse to provide inspection service at any establishment where the sanitary conditions are such as to render adulterated any livestock products or poultry products prepared or handled there;
  6. adopt rules relating to sanitation for all establishments required to have inspection under subdivision (1) of this section, or required to be licensed under section 3306 of this title;
  7. by rules require that the following classes of persons shall keep records and for periods as are specified in the rules to fully and correctly disclose all transactions involved in their business, and afford to the Commissioner and his or her representatives, including representatives of other governmental agencies designated by him or her, access to places of business, and opportunity, at all reasonable times, to examine the facilities, inventory, and records, to copy the records, and to take reasonable samples of the inventory upon the payment of the fair market value, any persons that engage in or for intrastate commerce:
    1. in the business of slaughtering any livestock or poultry, or preparing, freezing, packaging or labeling, buying or selling as brokers, wholesalers, or otherwise, transporting, or storing any livestock products for human or animal food;
    2. in business as renderers or in the business of buying, selling, or transporting any dead, dying, disabled, or diseased livestock or poultry, or parts of the carcasses of any of these animals including poultry, that died otherwise than by slaughter; or
    3. who are required to be licensed under section 3306 of this title.

      Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

2005. In subdiv. (6), substituted "adopt" for "prescribe" to more accurately indicate the rule-making process.

Amendments--2003. Substituted "secretary" for "commissioner" in the section catchline and wherever it appears throughout the section.

Cross References

Cross references. Powers of commissioner as to investigations and requirement of records, see § 3318 of this title.

§ 3305. Additional powers of the Secretary.

In order to accomplish the objectives stated in section 3303 of this title, the Secretary may:

  1. Remove inspectors from any establishment that fails to destroy condemned products as required under subdivision 3304(2) of this title.
  2. Refuse to provide inspection service under this chapter with respect to any establishment for reasons specified in section 401 of the Federal Meat Inspection Act or section 18 of the Federal Poultry Products Inspection Act or for any other violation of this chapter and the regulations promulgated under it.
  3. Order labeling and containers to be withheld from use if he or she determines that the labeling is false or misleading or the containers are of a misleading size or form.
  4. By rules, prescribe the sizes, style, and type to be used for labeling information required under this chapter, and definitions and standards of identity or composition or standards of fill of container, consistent with federal standards, when he or she deems the action appropriate for the protection of the public.
  5. By rules, prescribe conditions for storage and handling of livestock products and poultry products by persons engaged in the business of buying, selling, freezing, storing, or transporting these products in or for intrastate commerce to assure that these products will not be adulterated or misbranded when delivered to the consumer.
  6. Require that equines be slaughtered and prepared in establishments separate from establishments where other livestock are slaughtered or their products are prepared.
  7. Authorize inspection to continue at official establishments on State holidays, or beyond the regular work shift or workweek for State inspectors; provided that the necessary inspectors are available and the official establishment pays all overtime salaries of inspections necessary to keep the plant open and other expenses occasioned by the overtime employment.  All of these payments shall be retained in a revolving fund for administrating this chapter.
  8. Adopt rules as necessary for the efficient execution of the provisions of this chapter, including rules of practice providing opportunity for hearing in connection with issuance of orders under subdivision 3304(5) or subdivision (1), (2), or (3) of this section and establishing a procedure for proceedings in these cases. This shall not preclude a requirement that a label or container be withheld from use, or a refusal of inspection under subdivision 3304(5) or subdivision (1) or (3) of this section pending issuance of a final order in any proceeding. The federal meat inspection regulations and federal poultry inspection regulations of the U.S. Department of Agriculture, Title 9, Code of Federal Regulations, Chapter 3, 9 CFR §§ 300.1 et seq., together with any amendments, supplements, or revisions thereto, are adopted as part of this chapter.
  9. Appoint and prescribe the duties for a head of service and such inspectors and other personnel as he or she deems necessary for the efficient execution of the provisions of this chapter.
  10. Cooperate with the U.S. Secretary of Agriculture in administration of this chapter to accomplish the purposes stated in section 3303; accept federal assistance for that purpose and spend public funds of this State appropriated for administration of this chapter to pay the State's proportionate share of the estimated total cost of the cooperative program.
  11. Recommend to the  U.S. Secretary of Agriculture, officials or employees of the Agency of Agriculture, Food and Markets for appointment to the advisory committees provided for in the federal acts.
  12. Serve as the representative of the Governor for consultation with the Secretary under subsection (c) of section 301 of the Federal Meat Inspection Act and subsection (c) of section 5 of the Federal Poultry Products Inspection Act unless the Governor selects another representative.
  13. Exempt the operations of any person from inspection or other requirements of this chapter if and to the extent the operations would be exempt from the corresponding requirements under the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act if they were conducted in or for interstate commerce or if the State were designated under the federal acts as one in which the federal requirements apply to intrastate commerce.
  14. Require retail vendors who affix labels with a date to meat, meat food products, or poultry products to clearly and conspicuously post their policy concerning date of sale labeling in order to enable consumers to understand the policy.
  15. Establish by rule the method for providing voluntary inspection, and withdrawal of inspection, of exotic animals, wild game, game birds, red deer, and cervidae. These rules may also provide for the inspection of meat and meat food products derived from those animals. The Secretary shall provide voluntary inspection of bison and cervidae produced in Vermont, including the inspection of meat and meat food products processed in Vermont derived from bison and cervidae, wherever produced. For such inspection, the Secretary shall charge a fee equal to the rate for reimbursable inspection services provided under the Vermont Meat and Poultry Inspection Program.
  16. Exempt livestock producers who sell directly to consumers or inspected slaughterhouses in carcass form from the licensing requirements of section 3306 of this title. To be eligible for this exemption, the livestock shall be slaughtered under inspection and the producer shall relinquish control of the carcass at the slaughterhouse. Payment for the carcasses shall be based on hanging weight rather than live weight. This exemption does not apply to any retail operations or poultry.
  17. Authorize and recognize mobile slaughter and processing establishments as official establishments or exempt them under subdivision 3305(13) of this section.
  18. Sell or lease a mobile slaughtering unit, and may retain any proceeds therefrom in a fund designated for the purpose of purchasing additional mobile slaughtering units or providing matching grants for capital investments to increase poultry slaughter or poultry processing capacity.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 228 (Adj. Sess.), § 3; 1993, No. 126 (Adj. Sess.), § 1; 1995, No. 128 (Adj. Sess.), § 5; 1997, No. 35 , § 1, eff. May 22, 1997; 1999, No. 49 , § 124; 2003, No. 37 , § 6; 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 38 , § 11, eff. May 21, 2007; 2009, No. 134 (Adj. Sess.), § 13, eff. June 3, 2010; 2011, No. 13 , § 2, eff. April 28, 2011; 2013, No. 83 , § 2, eff. June 10, 2013; 2017, No. 113 (Adj. Sess.), § 32.

History

Reference in text. Section 401 of the Federal Meat Inspection Act, referred to in subdiv. (2), is codified as 21 U.S.C. § 671.

Section 18 of the Federal Poultry Products Inspection Act, referred to in subdiv. (2), is codified as 21 U.S.C. § 467.

Section 301 of the Federal Meat Inspection Act, referred to in subdiv. (12), is codified as 21 U.S.C. § 661.

Section 5 of the Federal Poultry Products Inspection Act, referred to in subdiv. (12), is codified as 21 U.S.C. § 454.

Revision note. In the introductory clause, substituted "section 3303 of this title" for "section 3303" to conform reference to V.S.A. style.

Amendments--2017 (Adj. Sess.). Subdiv. (8): Inserted "a" preceding "procedure for" in the first sentence, "any" preceding "amendments" and substituted "or" for "and" preceding "revisions thereto" in the third sentence.

Amendments--2013. Subdiv. (18): Deleted "revolving" preceding "fund" and substituted "or providing matching grants for capital investments to increase poultry slaughter or poultry processing capacity" for "by the agency".

Amendments--2011. Subdiv. (15): Inserted "game birds," following "wild game" in the first sentence.

Amendments--2009 (Adj. Sess.) Subdiv. (15): Amended generally.

Amendments--2007. Subdivs. (17), (18): Added.

Amendments--2003. Substituted "secretary" for "commissioner" in the section catchline and throughout the section.

Subdiv. (8): Amended generally.

Subdiv. (11): Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Subdiv. (14): Substituted a semicolon for a period at the end.

Amendments--1999 Subdiv. (15): Amended generally.

Amendments--1997 Subdiv. (15): Deleted "bison" preceding "red deer" and deleted "fallow deer" thereafter in the first sentence and added the third and fourth sentences.

Amendments--1995 (Adj. Sess.) Subdiv. (9): Deleted "who shall be a graduate veterinarian of a school approved by the American Veterinarian Medical Association" following "service".

Amendments--1993 (Adj. Sess.). Made a minor change in punctuation at the end of subdiv. (15) and added subdiv. (16).

Amendments--1991 (Adj. Sess.). Subdiv. (15): Added.

Amendments--1989 (Adj. Sess.). Subdiv. (11): Substituted "department of agriculture, food and markets" for "department of agriculture".

Repeal of prospective repeal of 1997 amendment. 1997, No. 35 , § 3, which had provided for the repeal of section 1 of that act [which amended this section], was amended by 1999, No. 49 , § 125, eff. June 2, 1999, to delete the reference to the repeal.

§ 3306. Licensing.

  1. No person shall engage in intrastate commerce in the business of buying, selling, preparing, processing, packing, storing, transporting, or otherwise handling meat, meat food products, or poultry products, unless that person holds a valid license issued under this chapter. Categories of licensure shall include: commercial slaughterers, custom slaughterers, commercial processors, custom processors, wholesale distributors, retail vendors, meat and poultry product brokers, renderers, public warehouse operators, animal food manufacturers, handlers of dead, dying, disabled, or diseased animals, and any other category which the Secretary may by rule establish.
  2. The owner or operator of each plant or establishment of the kind specified in subsection (a) of this section shall apply in writing to the Secretary on a form prescribed by him or her for a license to operate the plant or establishment. In case of change of ownership or change of location, a new application shall be made. Any person engaged in more than one licensed activity shall obtain separate licenses for each activity.
  3. The head of service shall investigate all circumstances in connection with the application for license to determine whether the applicable requirements of this chapter and rules made under it have been complied with. The Secretary shall grant, condition, or refuse the license upon the basis of all information available to him or her including all facts disclosed by investigation. Each license shall bear an identifying number.
  4. The annual fee for a license for a retail vendor is $15.00 for vendors without meat cutting operations, $50.00 for vendors with meat cutting space of less than 300 square feet or meat display space of less than 20 linear feet, and $100.00 for vendors with 300 or more square feet of meat cutting space and 20 or more linear feet of meat display space. Fees collected under this section shall be deposited in a special fund managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the cost of administering chapter 204 of this title. For all other plants, establishments, and related businesses listed under subsection (a) of this section, except for a public warehouse licensed under chapter 67 of this title, the annual license fee shall be $150.00.
  5. The Secretary may, after notice and opportunity for hearing, refuse to grant, suspend, or revoke a license, may impose terms or conditions for operation under a license, including video monitoring, or may take any other action which he or she deems appropriate concerning any license, if he or she determines that any false statement was made in the application or if he or she finds that there is any failure to comply with this chapter or the rules made under it.
  6. [Repealed.]
  7. Producers of livestock and livestock dealers who sell carcasses to or through inspected slaughterhouses are exempt from having to obtain a wholesale distributor's license under this section. All other licensing provisions shall be applicable to such an individual.
  8. The Secretary may deny a commercial slaughter license or the renewal of a commercial slaughter license under this chapter to a person who has been convicted of a felony, convicted of a misdemeanor involving cruelty to animals, or has been found in violation of section 3132 of this title more than once. The Secretary may deny a commercial slaughter license or renewal of a commercial slaughter license under this chapter if a person responsibly connected to the applicant has been convicted of a felony, convicted of a misdemeanor involving cruelty to animals, or has been found in violation of section 3132 of this title more than once. As used in this subsection, a "person responsibly connected to an applicant" is a partner, officer, director, holder, or owner of 10 percent or more of the voting stock of the applicant's business or is an employee in a managerial or executive capacity at the applicant's business.
  9. All applicants for licensure or relicensure as a commercial slaughter facility shall submit a written humane livestock handling plan or a good commercial practices plan for poultry for review and approval by the Secretary of Agriculture, Food and Markets or designee. The Secretary may suspend, revoke, or condition any commercial slaughter facility license, after notice and opportunity for hearing, for a licensee's failure to adhere to the written plan.
  10. Commercial slaughter facilities issued a license by the Agency of Agriculture, Food and Markets shall submit to the Secretary or designee within five days of receipt any documentation received from the U.S. Department of Agriculture (USDA) related to violations of the Federal Humane Slaughter Act and rules adopted thereunder. The Secretary shall review the documentation submitted under this subdivision for potential action under this chapter or chapter 201 of this title. A failure to submit documentation required under this subdivision shall be a violation of this chapter subject to an administrative penalty under chapter 15 of this title.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 257 (Adj. Sess.), § 15; 1991, No. 228 (Adj. Sess.), § 2; 2001, No. 143 (Adj. Sess.), § 40, eff. June 21, 2002; 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 207 (Adj. Sess.), § 5, eff. April 15, 2009; 2009, No. 134 (Adj. Sess.), § 14; 2009, No. 158 (Adj. Sess.), § 7, eff. June 3, 2010; 2013, No. 83 , § 3, eff. June 10, 2013; 2015, No. 149 (Adj. Sess.), § 19; 2017, No. 75 , § 5.

History

Reference in text. The Federal Humane Slaughter Act, referred to in subsec. (j), is codified as 7 U.S.C. § 1901 et seq.

Amendments--2017. Subsec. (i): Inserted "or a good commercial practices plan for poultry" following "handling plan" in the first sentence.

Amendments--2015 (Adj. Sess.). Subsec. (d): Substituted "$50.00" for "$30.00" following "operations,", "$100.00" for "$60.00" preceding "for vendors", and "$150.00" for "$50.00" following "shall be".

Amendments--2013. Subsec. (a): Substituted "shall" for "may" preceding "engage" and "warehouse operators" for "warehousemen" following "public".

Subsec. (b): Inserted "or establishment" following "plant".

Subsec. (c): Inserted ", condition" following "grant".

Subsec. (d): Inserted "32 V.S.A. chapter 7" preceding "subchapter 5"; deleted "of chapter 7 of Title 32" following "subchapter 5" and inserted "except for a public warehouse licensed under chapter 67 of this title" following "section".

Subsec. (f): Repealed.

Amendments--2009 (Adj. Sess.) Subsec. (d): Amended generally by Act No. 134

Subsec. (e): Act No. 158 inserted "or" preceding "revoke" and inserted "a license, may impose terms or conditions for operation under a license, including video monitoring" thereafter, and inserted "may" preceding "take any other".

Subsecs. (h)-(j): Added by Act No. 158.

Amendments--2007 (Adj. Sess.). Subsec. (f): Added the second sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--2001 (Adj. Sess.) Subsec. (d): Substituted "$15.00" for "$10.00" and inserted "of this section" following "subsection (a)" in the first sentence.

Amendments--1991 (Adj. Sess.). Subsec. (g): Added.

Amendments--1989 (Adj. Sess.). Subsec. (d): Substituted "$10.00" for "$4.00" following "vendor is" and "$50.00" for "$12.00" in the first sentence.

Cross References

Cross references. Combined licenses, see § 6 of this title.

§ 3307. Periodic review of noninspected licensed establishments.

  1. The Secretary may cause establishments which are required to be licensed under section 3306 of this title, but exempt from inspection under subdivision 3305(13) of this title, to be periodically reviewed by inspectors to assure that the provisions of this chapter and the rules promulgated pursuant to this chapter are complied with, and that the public health, safety, and welfare is protected.
  2. Any periodic review shall include an examination of the licensed establishment's sanitation practices; sanitation of the areas where meat and poultry products are prepared, stored, and displayed; the adequacy of any refrigeration system used for meat food products and poultry products; labeling; and meat food products, or poultry products for wholesomeness and adulteration.  In addition, the inspector conducting the periodic review may conduct any other examination necessary to assure compliance with this chapter and the rules adopted pursuant to this chapter.
  3. The inspector may issue a stop sale or use order for any violation of this chapter, or of the rules adopted pursuant to this chapter.  Any person receiving a stop sale or use order shall immediately remove the meat, meat food product, or poultry product from sale, or shall immediately cease to use any equipment or area as directed by the order until the order is lifted.  The inspector may lift a stop sale or use order once he or she has determined that the violation has been corrected.  Any person receiving a stop sale or use order may appeal the decision to the Secretary within five days of receiving the order.
  4. After discovery of a violation of this chapter, or the rules adopted pursuant to this chapter, the Secretary may take any additional action against the licensed establishment which he or she deems appropriate, including: instituting a proceeding under section 3306(e), and causing a civil, equitable, or criminal court proceeding to be brought against the licensed establishment.
  5. The Secretary may adopt all rules necessary to implement and enforce the licensing and periodic review provisions of the chapter, which may include minimum standards for sanitation, refrigeration, labeling, wholesomeness, adulteration, and such other rules as the Secretary deems necessary.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. In subsecs. (b) and (c), substituted "adopted" for "promulgated" and in subsec. (d), substituted "adopt" for "promulgate" to more accurately indicate the rule-making process.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appears throughout the section.

§ 3308. Prohibited acts in general.

  1. No person shall, with respect to any livestock or poultry or any livestock products or poultry products:
    1. slaughter any livestock or poultry or prepare any products which are capable of use as human food, at any establishment preparing the products solely for intrastate commerce, except in compliance with the requirements of this chapter and the rules adopted pursuant to this chapter;
    2. sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any products which:
      1. are capable for use as human food; and
      2. are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation; or
      3. have not been inspected and passed unless they are exempt from inspection pursuant to rules adopted by the Secretary; or
    3. do, with respect to any of these products which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation, which is intended to cause or has the effect of causing the products to be adulterated or misbranded.
  2. No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head or viscera have not been removed in accordance with rules adopted by the Secretary except as may be authorized by rules.
  3. No person shall violate any provision of this chapter, the rules adopted pursuant to this chapter, the orders of the Secretary, or of his or her inspectors.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 183 (Adj. Sess.), § 7; 2003, No. 42 , § 2, eff. May 27, 2003.

History

2005. Substituted "adopted" for "promulgated" throughout the section to more accurately indicate the rule-making process.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Amendments--1989 (Adj. Sess.). Subdiv. (a)(2)(C): Amended generally.

Cross References

Cross references. Penalties, see § 3318 of this title.

§ 3309. Additional prohibited acts; official devices, marks, and certificates.

  1. No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation, or any label bearing any mark or simulation, or any form of official certificate or simulation, except as authorized by the Secretary.
  2. No person shall:
    1. forge any official device, mark, or certificate;
    2. without authorization from the Secretary use any official device, mark, or certificate, or simulation, or alter, detach, deface, or destroy any official device, mark, or certificate;
    3. contrary to the rules adopted by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
    4. knowingly possess, without promptly notifying the Secretary or his or her representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label of any carcass of any animal including poultry, or part or product of any animal including poultry, bearing any counterfeit, simulated, forged, or improperly altered official mark;
    5. knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules prescribed by the Secretary; or
    6. knowingly represent that any product has been inspected and passed, or exempted under this chapter when it has not been inspected and passed, or exempted.

      Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

2005. In subdiv. (3), substituted "adopted" for "prescribed" to more accurately indicate the rule-making process.

Amendments--2003. Substituted "Secretary" for "Commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Penalties, see § 3318 of this title.

§ 3310. Additional prohibited acts: labeling; denaturing; dealing in dead, dying, disabled, and diseased animals; licensing.

  1. No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of these carcasses, or the meat or meat food products of these carcasses unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules prescribed by the Secretary to show the kinds of animals from which they were derived.
  2. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any livestock products or poultry products which are not intended for use as human food unless they are denatured or otherwise identified as required by the rules of the Secretary or are naturally inedible by humans.
  3. No person engaged in the business of buying, selling, or transporting in intrastate commerce, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died other than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation in commerce, any dead, dying, disabled, or diseased livestock or poultry or the products of any of these animals that died other than by slaughter, unless the transaction or transportation is made in accordance with rules which the Secretary may prescribe to assure that the animals, or the unwholesome parts or products, will be prevented from being used for human food purposes.
  4. No person shall engage in the business of buying, selling, preparing, processing, packing, storing, transporting, or otherwise handling meat, meat food products, or poultry products, unless that person holds a valid license issued in accordance with section 3306 of this title.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Penalties, see § 3318 of this title.

§ 3311. Specific offenses; penalties.

  1. Any person that gives, pays, or offers, directly or indirectly, any money or other thing of value to any officer or employee of this State authorized to perform any duties prescribed by this chapter or rules promulgated under this chapter, with intent to influence the officer or employee in the discharge of any duty, shall, upon conviction, be punished by a fine of not more than  $1,000.00 or by imprisonment for not more than five years, or both.  Any officer or employee of this State authorized to perform the duties prescribed by this chapter or rules promulgated under this chapter, who accepts any money, gift, or other thing of value from any persons, given with intent to influence his or her official action, or who shall receive or accept from any person engaged in intrastate commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be subject to the penalties provided in 13 V.S.A. § 1102 .
  2. Any person that forcibly assaults, resists, or intimidates any inspector, or other person, engaged in the performance of his or her official duties under this chapter or rules promulgated under this chapter, shall be subject to the penalties provided in 13 V.S.A. § 1023 .  Any person who impedes, interferes, or hinders any inspector, or other person, engaged in the performance of his or her official duties under this chapter or rules promulgated under this chapter, shall be subject to the penalties provided in 13 V.S.A. § 3001 .  Whoever in the commission of these acts uses a deadly or dangerous weapon, or who purposely or knowingly causes serious bodily injury to an inspector or other person engaged in the performance of his or her official duties under this chapter or rules promulgated under this chapter, shall be subject to the penalties provided in 13 V.S.A. chapter 53.  Any person engaged in official duties under this chapter or rules promulgated under this chapter shall be considered a law enforcement officer for purposes of determining a penalty under 13 V.S.A. chapter 53.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986.

History

Revision note. In subsec. (b), deleted comma preceding "shall" in the fifth sentence to correct a grammatical error.

§ 3311a. Livestock; inspection; licensing; personal slaughter; itinerant slaughter. Section 3311a repealed effective July 1, 2023.

  1. As used in this section:
    1. "Assist in the slaughter of livestock" means the act of slaughtering or butchering an animal and shall not mean the farmer's provision of a site on the farm for slaughter, provision of implements for slaughter, or the service of disposal of the carcass or offal from slaughter.
    2. "Sanitary conditions" means a site on a farm that is:
      1. clean and free of contaminants; and
      2. located or designed in a way to prevent:
        1. the occurrence of water pollution; and
        2. the adulteration of the livestock or the slaughtered meat.
  2. The requirement for a license under section 3306 of this title or for inspection under this chapter shall not apply to the slaughter by an owner of livestock that the owner raised for the owner's exclusive use or for the use of members of his or her household and his or her nonpaying guests and employees.
  3. The requirement for a license under section 3306 of this title or for inspection under this chapter shall not apply to the slaughter of livestock that occurs in a manner that meets all of the following requirements:
    1. A person or persons purchases livestock from a farmer who raised the livestock.
    2. The farmer is registered with the Secretary, on a form provided by the Secretary, as selling livestock for slaughter under this subsection.
    3. The individual or individuals who purchased the livestock performs the act of slaughtering the livestock, as the owner of the livestock.
    4. The act of slaughter occurs, after approval from the farmer who sold the livestock, on a site on the farm where the livestock was purchased.
    5. The slaughter is conducted under sanitary conditions.
    6. The farmer who sold the livestock to the individual or individuals does not assist in the slaughter of the livestock.
    7. Not more than the following number of livestock per year are slaughtered under this subsection:
      1. 15 swine;
      2. five cattle;
      3. 40 sheep or goats; or
      4. any combination of swine, cattle, sheep, or goats, provided that not more than 6,000 pounds of the live weight of livestock are slaughtered per year.
    8. The farmer who sold the livestock to the individual or individuals maintains a record of each slaughter conducted under this subsection and reports quarterly to the Secretary, on a form provided by the Secretary, on or before April 15 for the calendar quarter ending March 31, on or before July 15 for the calendar quarter ending June 30, on or before October 15 for the calendar quarter ending September 30, and on or before January 15 for the calendar quarter ending December 31. If a farmer fails to report slaughter activity conducted under this subsection, the Secretary, in addition to any enforcement action available under this chapter or chapter 1 of this title, may suspend the authority of the farmer to sell animals to an individual or individuals for slaughter under this subsection.
    9. The slaughtered livestock may be halved or quartered by the individual or individuals who purchased the livestock but solely for the purpose of transport from the farm.
    10. The livestock is slaughtered according to a humane method, as that term is defined in subdivision 3131(6) of this title.
  4. The requirement for a license under section 3306 of this title or for inspection under this chapter shall not apply to an itinerant slaughterer engaged in the act of itinerant livestock slaughter or itinerant poultry slaughter.
  5. An itinerant slaughterer may slaughter livestock owned by a person on the farm where the livestock was raised under the following conditions:
    1. the meat from the slaughter of the livestock is distributed only as whole, halved, or quartered carcasses to the person who owned the animal for his or her personal use or for use by members of his or her household or nonpaying guests;
    2. the slaughter is conducted under sanitary conditions; and
    3. the livestock is slaughtered according to a humane method, as that term is defined in subdivision 3131(6) of this title.
  6. A carcass or offal from slaughter conducted under this section shall be disposed of according to the requirements under the required agricultural practices for the management of agricultural waste.

    Added 2013, No. 83 , § 4, eff. June 10, 2013; amended 2015, No. 64 , § 13; 2015, No. 98 (Adj. Sess.), § 1, eff. May 10, 2016; 2019, No. 83 , § 6.

History

2015. In subsec. (f), substituted "required agricultural practices" for "accepted agricultural practices" in accordance with 2015, No. 64 , § 13.

Amendments--2019. Subsec. (b): Substituted "owner" for "individual" preceding "of livestock," substituted "owner" for "individual" preceding "raised for," and substituted "owner's" for "individual's".

Subdiv. (c)(1): Substituted "A person or persons" for "An individual".

Subdiv. (c)(3): Inserted "or individuals," and added "as the owner of the livestock".

Subdiv. (c)(6): Inserted "or individuals".

Subdiv. (c)(7): Substituted "Not" for "No" in the introductory paragraph, and substituted "not" for "no" in subdiv. (c)(7)(D).

Subdiv. (c)(8): Inserted "or individuals" in the first and second sentences.

Subdiv. (c)(9): Inserted "or individuals".

Subdiv. (c)(10): Added.

Subsec. (e): Substituted "halved, or quartered" for "or half" and deleted "and" at the end of subdiv. (e)(1), added "and" at the end of subdiv. (e)(2), and added subdiv. (e)(3).

Amendments--2015 (Adj. Sess.). Subsec. (c): Amended generally.

Extension of sunset of section. 2013, No. 82 , § 13, effective June 10, 2013 as amended by 2015, No. 98 (Adj. Sess.), § 2, effective May 10, 2016 and 2019, No. 83 , § 5, provides for the repeal of this section on July 1, 2023.

Education and outreach; on-farm slaughter. 2015, No. 98 (Adj. Sess.), § 3 provides: "The Secretary of Agriculture, Food and Markets, in consultation with interested parties, shall conduct outreach and education regarding the availability of and requirements for livestock slaughter under 6 V.S.A. § 3311a(c). The education and outreach may include educational materials, workshops, or classes regarding compliance with the requirements of 6 V.S.A. § 3311a(c)."

§ 3312. Inspection; exceptions.

  1. Not intended for human food.  Inspection shall not be provided under this chapter at any establishment for the slaughter of livestock or poultry or the preparation of any livestock products or poultry products which are not intended for use as human food, but these products shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by rules of the Secretary to deter their use for human food. These licensed establishments shall be subject to periodic review.
  2. 1,000 bird exemption.  Inspection shall not be required for the slaughter or preparation of poultry products of the producer's own raising on the producer's own premises, whether or not they are intended for use as human food if:
    1. fewer than 1,000 birds are slaughtered annually;
    2. no poultry products are offered for sale or transportation in interstate commerce; and
    3. the poultry products are only sold, as whole birds only, from the farm, at a farmers' market, or to a food restaurant licensed by the Commissioner of Health, or are for personal use.
  3. 5,000 bird exemption.
    1. Inspection shall not be required for the slaughter or preparation of poultry products of the producer's own raising on the producer's own premises, whether or not they are intended for use as human food if all of the following conditions are satisfied:
      1. No more than 5,000 birds are slaughtered annually.
      2. No poultry products are offered for sale or transportation in interstate commerce.
      3. The poultry products are only sold, as whole birds, from the farm, at a farmers' market, directly to household consumers, or to a food restaurant licensed by the Commissioner of Health, or are for personal use.
      4. The producer's facility is not used to slaughter or process poultry by any other person or business.
      5. The producer does not purchase birds for resale that have been processed under the exemption under this section.
      6. The poultry are healthy when slaughtered.
      7. The poultry are slaughtered and otherwise processed and handled under sanitary standards, practices, and procedures that result in the preparation of poultry products that are sound, clean, and fit for human food when distributed by the producer.
    2. As used in this subsection, "sanitary standards, practices, and procedures" means:
      1. the poultry are slaughtered in a facility that is soundly constructed, kept in good repair, and of sufficient size;
      2. rooms or compartments in which an edible product is processed, handled, or stored shall be separated from areas used for slaughter, provided that a producer may use heavy duty plastic sheeting as a means of separation when such sheeting prevents the creation of insanitary conditions;
      3. all food-contact surfaces and nonfood-contact surfaces in the facility are cleaned and sanitized as frequently as necessary to prevent the creation of insanitary conditions and the adulteration of the products;
      4. pest control shall be adequate to prevent the harborage of pests on the grounds and within the facility;
      5. substances used for sanitation and pest control shall be safe and effective under the conditions of use, and shall not be applied or stored in a manner that will result in the contamination of edible products;
        1. sewage from human waste shall be disposed of in a sewage system separate from other drainage lines; or (F) (i) sewage from human waste shall be disposed of in a sewage system separate from other drainage lines; or
        2. sewage is disposed of through other means to prevent the creation of insanitary conditions or the backup into the area where the product is processed, handled, or stored, including disposal of process wastewater through on-farm composting under the Required Agricultural Practices;
      6. a supply of potable water of suitable temperature is provided in all areas where required for processing the product, cleaning rooms, cleaning equipment, cleaning utensils, and cleaning packaging materials;
      7. equipment and utensils used for processing or handling edible product are of a material that is cleanable and sanitizable;
      8. receptacles used for storing inedible material are of such material and construction that their use will not result in adulteration of any edible product or create insanitary conditions;
      9. a person working in contact with the poultry products, food-contact surfaces, and product-packaging material shall maintain hygienic practices; and
      10. clothing worn by persons who handle poultry products shall be of material that is cleanable or disposable, and garments shall be cleaned or changed as often as necessary to prevent adulteration of poultry products or the creation of insanitary conditions.
  4. 20,000 bird exemption.  Inspection shall not be required for the slaughter or preparation of poultry products of the producer's own raising on the producer's own premises, whether or not they are intended for use as human food if:
    1. no more than 20,000 birds are slaughtered annually;
    2. no birds are offered for sale or transportation in interstate commerce;
    3. the poultry products are only sold, as whole birds, from the farm, at a farmers' market, directly to household consumers, or to a food restaurant licensed by the Commissioner of Health, or are for personal use;
    4. the producer's facility is not used to slaughter or process poultry by any other person or business;
    5. the producer does not purchase birds for resale that have been processed under the exemption under this section;
    6. the poultry are healthy when slaughtered; and
    7. the poultry are slaughtered and otherwise processed and handled according to the sanitary performance standards of 9 C.F.R. §§ 416.1-416.17.
  5. Required label.  All poultry sold from the farm, at a farmers' market, or to a food restaurant pursuant to the exemption in subsection (b), (c), or (d) of this section shall be labeled with the following information:
    1. Name of farm and name of producer.
    2. Address of farm, including zip code.
    3. "Exempt per 6 V.S.A. § 3312(b) : NOT INSPECTED." This statement shall be prominently displayed with such conspicuousness (as compared with other words or statements, designs, or devices in the labeling) as to render it likely to be read and understood under customary conditions of purchase and use.
    4. Safe handling and cooking instructions as follows:

      "SAFE HANDLING INSTRUCTIONS:

      Keep refrigerated or frozen. Thaw in refrigerator or microwave.

      Keep raw poultry separate from other foods.

      Wash working surfaces, including cutting boards, utensils, and hands after touching raw poultry.

      Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds.

      Keep hot foods hot. Refrigerate leftovers immediately or discard."

  6. Menu items; label.  Any menu item that includes poultry that is exempt under this section shall clearly state the name of the farm from which the poultry was purchased and shall prominently display the words "poultry processed on the farm and not inspected" on the menu in proximity to the menu item. Poultry sold to food restaurants under the exemption in this section shall include a label alerting the purchaser to these labeling requirements.
  7. Food restaurant; signed statement.  The poultry producer, upon first selling poultry to a food restaurant, must procure a signed statement from the food restaurant stating that the food restaurant is aware that the poultry is exempted from inspection under subsection (b), (c), or (d) of this section, and that the menu of the food restaurant must have the information required by subsection (e) of this section. The poultry producer must keep the signed statement on file as long as the producer is selling poultry to the food restaurant under this section. The poultry producer must have a signed statement on file from each food restaurant to which poultry is sold under this section and an exact copy of each statement, including the name of the producer and the name of the purchasing restaurant shall be forwarded to the Department of Health.
  8. Approved label.  Prior to selling poultry products slaughtered pursuant to the exemption in subsection (c) or (d) of this section, a poultry producer shall submit to the Secretary for approval a copy of the label that the poultry producer proposes to use for compliance with the requirements of subsection (e) of this section.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 38 , § 8, eff. May 21, 2007; 2017, No. 52 , § 2, eff. May 30, 2017.

History

Amendments--2017. Section amended generally.

Amendments--2007. Substituted "exceptions" for "exception" in the section heading; designated the existing provisions of the section as subsec. (a), and added subsecs. (b) through (e).

Amendments--2003. Substituted "secretary" for "commissioner" preceding "to deter".

§ 3313. Inspection and seal.

  1. No inspection of products placed in any container at any official establishment shall be deemed to be complete until the products are sealed or enclosed under the supervision of an inspector.
  2. For purposes of any inspection of products required by this chapter, inspectors shall have access at all times, by day or night, to any part of an establishment required to have inspection under this chapter, whether the establishment is operated or not.
  3. For purposes of any periodic review of any licensed establishment, inspectors shall have access during normal business hours to every part of a licensed establishment required to have inspection under this chapter, whether the establishment is operated or not.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986.

§ 3314. Detention.

When any livestock product or poultry product or any product exempted from the definition of a livestock product and from the definition of a poultry product, or any dead, dying, disabled, or diseased livestock or poultry, is found by any authorized representative of the Secretary upon premises where it is held for purposes of, or during or after distribution in, intrastate commerce, or is otherwise subject to the chapter, and there is reason to believe that any product is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this chapter or of the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act or the Federal Food, Drug and Cosmetic Act, or that the product or animal has been or is intended to be, distributed in violation of any of these provisions, it may be detained by a representative for a period not to exceed 30 days, pending action under section 3315 of this title or notification of any federal authorities having jurisdiction over the product or animal. The product or animal shall not be moved by any person from the place at which it is located when detained, until released by the representative. All official marks may be required by the representative to be removed from the product or animal before it is released unless it appears to the satisfaction of the Secretary or his or her designee that the product or animal is eligible to retain the marks.

Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Reference in text. The Federal Meat Inspection Act, referred to in this section, is classified principally to 21 U.S.C. § 601 et seq.

The Federal Poultry Products Inspection Act, referred to in this section, is codified as 21 U.S.C. § 451 et seq.

The Federal Food, Drug, and Cosmetic Act, referred to in this section, is codified as 21 U.S.C. § 301 et seq.

Amendments--2003. Substituted "secretary" for "commissioner" in the first and last sentence.

§ 3315. Forfeiture.

  1. Any livestock product or poultry product of any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce, or is otherwise subject to this chapter, or is held for sale in this State after transportation, and that:
    1. is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or the rules promulgated under it; or
    2. is capable of use as human food and is adulterated or misbranded; or
    3. in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a complaint in any Superior Court as provided in section 3316 of this title.  If the product or animal is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of this State.  The product or animal shall not be sold contrary to the provisions of this chapter, the Federal Meat Inspection Act, the Federal Poultry Products Inspection Act, or the Federal Food, Drug and Cosmetic Act.  Upon the execution and delivery of a good and sufficient bond guaranteeing that the product or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the United States, the court may direct that the product or animal be delivered to the owner subject to the supervision by authorized representatives of the Secretary as is necessary to ensure compliance with the applicable laws.  When a decree of condemnation is entered against the product or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the product or animal.
  2. The provisions of this section shall in no way impair authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Reference in text. The Federal Meat Inspection Act, referred to in subdiv. (a)(3), is classified principally to 21 U.S.C. § 601 et seq.

The Federal Poultry Products Inspection Act, referred to in subdiv. (a)(3), is codified as 21 U.S.C. § 451 et seq.

The Federal Food, Drug, and Cosmetic Act, referred to in subdiv. (a)(3), is codified as 21 U.S.C. § 301 et seq.

Amendments--2003. Subdiv. (a)(3): Substituted "secretary" for "commissioner" in the third sentence.

§ 3316. Appeal and jurisdiction.

  1. Any order issued under subdivision 3304(3) of this title, subdivision 3305(1), (2), or (3) of this title, subsection 3306(e) of this title, or a decision issued by the Secretary under subsection 3306(c) of this title shall be final unless appealed to a Superior Court within 15 days after service.  An appeal of any other order or decision of the Secretary may be taken pursuant to 3 V.S.A. chapter 25. Review of any order and the determinations upon which it is based shall be upon the record in the administrative proceeding in which the order was issued.
  2. The Superior Court has legal and equitable jurisdiction to enforce, prevent, and restrain violations of this chapter and has legal and equitable jurisdiction in all other cases arising under this chapter. The Superior Courts are granted jurisdiction to handle criminal matters arising under this chapter and rules.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 154 (Adj. Sess.), § 59.

History

Amendments--2009 (Adj. Sess.) Substituted "The" for "Washington County superior court, or any other" preceding "superior court" in the first sentence, and deleted "and district" following "superior" in the second sentence.

Amendments--2003. Subsec. (a): Substituted "secretary" for "commissioner" in two places.

§ 3317. Penalties; generally.

  1. Any person who violates any provision of this chapter, or the rules promulgated under this chapter, for which no other criminal penalty is provided by this chapter shall upon conviction be subject to imprisonment for not more than one year, or a fine of not more than $1,000.00, or both. However, if the violation involves intent to defraud, or any distribution or attempted distribution of a product that is adulterated except as defined in subdivision 3302(1)(K) of this title, the person shall be subject to imprisonment for not more than three years or a fine of not more than $10,000.00, or both.
  2. Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings minor violations of this chapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.
  3. Any person who violates this chapter or any rule adopted by the Secretary under this chapter shall be liable for a civil penalty not to exceed $1,000.00 for each violation.  A civil penalty may be imposed by the Washington Superior Court, or by any other Superior Court.  The Superior Court shall consider the size of the business of the person charged, the effect on the person's ability to continue in business, and the gravity of the violation in assessing a civil penalty. Whenever the Secretary finds that the violation occurred despite the exercise of due care, he or she may issue a warning instead of seeking a penalty.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 3318. Investigation; record keeping.

  1. The Secretary shall also have power:
    1. To gather and compile information and to investigate the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and the relationship to other persons.
    2. To require, by general or special orders, persons engaged in intrastate commerce to file with the Secretary, in the form that the Secretary may prescribe, annual or special reports or answers in writing to specific questions. The person filing the reports or answers shall furnish the Secretary with any information he or she may require as to the organization, business, conduct, practices, management, and relation to other persons. The reports and answers shall be made under oath, or otherwise, as the Secretary may prescribe, and shall be filed with the Secretary within a reasonable period as the Secretary may prescribe, unless additional time is granted by the Secretary.
  2. For the purpose of this chapter, the Secretary shall at all reasonable times have access to and the right to copy any documentary evidence of any person being investigated or proceeded against.  The Secretary may subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation or subject to administrative hearing.  The Secretary or his or her designee may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.
    1. The attendance of witnesses and the production of documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena the Secretary may invoke the aid of any district or Superior Court in requiring the attendance and testimony of witnesses and the production of documentary evidence.
    2. Any district or Superior Court within the jurisdiction in which an inquiry is carried on may, in case of resistance or refusal to obey a subpoena issued to any person, issue an order requiring the person to appear before the Secretary or to produce documentary evidence or to give evidence touching the matter in question.  Any failure to obey an order of the court may be punished by the court as a contempt.
    3. Upon the application of the Attorney General of this State at the request of the Secretary, the Superior Courts shall have jurisdiction to issue preliminary or permanent injunctions commanding any person to comply with the provisions of this chapter or any order of the Secretary made pursuant to this chapter.
    4. The Secretary may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of the proceeding or investigation.  The depositions may be taken before any person designated by the Secretary who has the power to administer oaths.  The testimony shall be reduced to writing by the person taking the deposition, or under his or her direction, and shall be subscribed by the deponent.  Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Secretary as provided in this chapter.
    5. Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of this State.  Witnesses whose depositions are taken and the persons taking the same shall each be entitled to the same fees as are paid for like services in the courts.
    6. No person shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence before the Secretary. No person shall be excused from obeying a subpoena of the Secretary, whether the subpoena is signed or issued by him or her or his or her designee, or in any proceeding, criminal or otherwise, based upon any alleged violation of this chapter on the ground that the testimony or evidence, documentary or otherwise, required of him or her or by the subpoena may tend to incriminate him or her or subject him or her or it to a penalty or forfeiture.  No individual shall be prosecuted or subjected to a penalty or forfeiture for any transaction, matter, or thing concerning which he or she is compelled, after having claimed his or her privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in testifying.
  3. Any person who neglects or refuses to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or her power to do so, in obedience to the subpoena or lawful requirement of the Secretary or his or her designee shall upon conviction be punished by a fine of not less than $1,000.00 nor more than $5,000.00, or by imprisonment for not more than one year, or both.
  4. Any person who willfully makes, or causes to be made, any false entry or statement of fact or who willfully fails to make correct entries in any report, account, record, or memorandum kept by any person which is required by or subject to this chapter or who willfully removes out of the jurisdiction of this State, or willfully mutilates, alters, or by any other means falsifies any documentary evidence of any person subject to this chapter or who willfully refuses to submit to the Secretary or to any of his or her authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any person subject to this chapter in his or her possession or within his or her control, shall upon conviction be subject to a fine of not less than $1,000.00 nor more than $5,000.00, or to imprisonment for not more than three years, or both.
  5. If any person required by this chapter fails to file any annual or special report within the time fixed by the Secretary, and the failure continues for 30 days after notice of default, the person shall forfeit $100.00 after notice to the State for each day.  The forfeiture shall be payable into the Treasury of this State, and shall be recoverable in a civil suit in the name of the State brought in the county where the person has his or her or its principal office or in Washington Superior Court.

    Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 33.

History

Amendments--2017 (Adj. Sess.). Subdiv. (a)(2): Substituted "or" for "and/or" preceding "special reports" in the first sentence.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Enforcement of subpoenas issued by administrative agencies generally, see 3 V.S.A. § 809a.

Modification of subpoenas or discovery orders issued by administrative agencies, see 3 V.S.A. § 809b.

Powers of secretary generally, see §§ 3304 and 3305 of this title.

Witness fees generally, see 32 V.S.A. § 1551 et seq.

§ 3319. Skilled meat cutter training.

The Secretary shall issue a request for proposals to develop a curriculum and provide classroom and on-the-job training for the occupation of skilled meat cutter.

Added 2011, No. 52 , § 41, eff. May 27, 2011.

History

Former § 3319, relating to fallow deer, was derived from 1987, No. 276 (Adj. Sess.), § 4, and expired on July 1, 1991, pursuant to 1987, No. 276 (Adj. Sess.), § 7.

CHAPTER 205. LIVESTOCK BRANDS

Sec.

Cross References

Cross references. Livestock dealers generally, see § 761 et seq. of this title.

§ 4011. Purpose.

It is the purpose of this chapter to provide for a system of livestock branding in an attempt to reduce the unauthorized sale and movement of livestock.

Added 1973, No. 194 (Adj. Sess.), § 3.

§ 4012. Rules.

The Secretary of Agriculture, Food and Markets may adopt any rules necessary to carry out the purposes of this chapter.

Added 1973, No. 194 (Adj. Sess.), § 3; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 23 , § 79.

History

Amendments--2015. Substituted "may adopt any rules" for "may promulgate any rules and regulations" preceding "necessary".

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 800 et seq.

§ 4013. Brands; recording.

  1. Any person, firm, or corporation wishing to utilize an artificial mark or brand to distinguish or identify the ownership of any domestic animal or livestock shall apply to the Secretary of Agriculture, Food and Markets.  The application shall be in writing and shall contain the name, residence, and post office address of the applicant and the species of animals on which the mark or brand is to be used. The Secretary shall designate a brand for the applicant's use which is different from any other brands recorded in his or her office.  The Secretary shall also designate the position on the animals where the mark or brand is to be placed and the species on which the brand is to be used.
  2. The Secretary shall maintain a record of all marks or brands in use, the name of the user, and the date of recording.  The records shall be open to public inspection and shall be prima facie evidence of the facts therein recorded.

    Added 1973, No. 194 (Adj. Sess.), § 3; amended 1975, No. 24 , § 1; 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subsec. (a) and "secretary" for "commissioner" throughout.

Amendments--1975. Subsec. (a): Substituted "shall" for "may" following "livestock" in the first sentence.

§ 4014. Right of owner of recorded brand.

The person, firm, or corporation in whose name any mark or brand is recorded is entitled to the exclusive use of the mark or brand on the species of animal and in the position designated in the record.

Added 1973, No. 194 (Adj. Sess.), § 3.

§ 4015. Fees.

  1. The Secretary of Agriculture, Food and Markets shall charge and collect the following fees:
  2. [Repealed.]

    Added 1973, No. 194 (Adj. Sess.), § 3; amended 1975, No. 24 , § 2; 1999, No. 49 , § 126; 2003, No. 42 , § 2, eff. May 27, 2003.

Recording of mark or brand $10.00 Certified copy of a record $ 5.00 Transfer of brand $10.00 Re-recording of brand $ 5.00

History

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets".

Amendments--1999 Subsec. (b): Repealed.

Amendments--1975. Subsec. (a): Substituted "$5.00" for "$1.00" in subdiv. (2) and added subdiv. 4.

PART 9 Nurseries and Nursery Stock

History

Revision note. Part heading was added for purposes of clarity and conformity with V.S.A. style.

CHAPTER 206. NURSERY INSPECTION

Sec.

§ 4021. Definitions.

As used in this chapter:

  1. "Secretary" means the Secretary of Agriculture, Food and Markets or his or her designee.
  2. "Agency" means the Agency of Agriculture, Food and Markets.
  3. "Nursery" means all lands, premises, and buildings on or in which nursery stock is grown, transported, or offered for sale.
  4. "Nursery dealer" means any person who sells or distributes nursery stock for commercial gain.
  5. "Nursery grower" means any person engaged in growing, propagating, or production of nursery stock for commercial gain.
  6. "Nursery license" means the license issued to nursery dealers or nursery growers under section 4024 of this title.
  7. "Nursery stock" means all woody or herbaceous shrubs, trees, plants, and vines, including bulbs and rhizomes as well as buds, grafts, scions, and other parts capable of propagation whether wild, cultivated, or grown under artificial covering. This definition does not include cut flowers or seeds.

    Added 1985, No. 57 , § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 1.

History

Amendments--2009 (Adj. Sess.) Deleted "buys," preceding "sells" in subdiv. (4), added new subdivs. (5) and (6) and redesignated former subdiv. (5) as subdiv. (7).

Amendments--2003. Substituted "secretary" for "commissioner", "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets", "agency" for "department", and "agency of agriculture, food and markets" for "department of agriculture, food and markets".

Amendments--1989 (Adj. Sess.). Subdiv. (2): Substituted "department of agriculture, food and markets" for "department of agriculture".

§ 4022. Secretary of Agriculture, Food and Markets as enforcing official.

The Secretary shall enforce the provisions of this chapter and perform such duties as may be required by the federal plant pest quarantine statutes. The Secretary may employ such assistance as necessary for the proper performance of his or her duties.

Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Reference in text. The federal plant pest quarantine statutes, referred to in this section, are codified as 7 U.S.C. §§ 150aa et seq., 151 et seq.

Amendments--2003. Substituted "Secretary of agriculture, food and markets" for "Commissioner of agriculture, food and markets" in the section catchline and "secretary" for "commissioner" throughout section.

§ 4023. Nursery inspection; fees.

  1. The Secretary, as he or she deems necessary, may inspect nursery stock in the possession of a nursery grower or nursery dealer licensed under section 4024 of this title or any place within the State where nursery stock is grown, collected, stored, sold, offered for sale, or distributed. After the inspection of a licensed nursery grower or nursery dealer, the Secretary may issue an inspection certificate.
  2. The Secretary shall charge a fee for any inspection of a nursery grower or nursery dealer that is not licensed under section 4024 of this title. The Secretary shall charge a fee for an inspection of a nursery dealer or nursery grower licensed under section 4024 of this title, provided that the initial inspection of a licensed nursery grower or nursery dealer in any calendar year shall be at no cost. The amount of the inspection fee shall be the same fee as that charged for a nursery dealer's license as required by section 4024 of this title. The Secretary shall not charge an inspection fee when responding to consumer complaints or for technical assistance under section 1036 of this title for the management of plant pests, as that term is defined in section 1030 of this title.

    Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 2.

History

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 4024. Nursery license.

  1. No person shall operate as a nursery grower or nursery dealer in the State without first obtaining a nursery license from the Secretary. A nursery grower or nursery dealer shall apply annually for a nursery license on a form provided by the Secretary. The Secretary shall establish by rule the conditions for the issuance, suspension, or revocation of a nursery license, and may place any restrictions or requirements upon the license which he or she deems necessary.
  2. A nursery dealer licensed under this section shall pay the following fee for a license:
    1. $60.00, if the nursery owns or controls:
      1. a nursery of one-half acre or more;
      2. greenhouse space of 25,000 square feet or more; or
      3. retail space of 25,000 square feet or more.
    2. $30.00 for all other nursery dealers.
  3. Any person soliciting orders for, offering for sale, or distributing nursery stock shall have in his or her possession a copy of the nursery license required under subsection (a) of this section, which he or she shall show upon demand to prospective buyers or the Secretary.
  4. A person selling $1,000.00 or less of nursery stock in a year shall be exempt from the requirement to obtain a license under this section.

    Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 3; 2015, No. 149 (Adj. Sess.), § 20.

History

Amendments--2015 (Adj. Sess.). Subsec. (b): Substituted "under this section" for "under section 4024 of this title".

Subdiv. (b)(1): Substituted "$60.00" for "$50.00".

Subdiv. (b)(2): Substituted "$30.00" for "$20.00".

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 4025. Shipments by nursery dealers to be accompanied by inspection certificates.

Whenever a nursery dealer or nursery grower licensed under this chapter ships or delivers any nursery stock grown within this State, he or she shall include with each shipment a copy of the inspection certificate issued by the Secretary, or an approved facsimile, stating that the nursery dealer or nursery grower is licensed and has been inspected and approved as required by this chapter and the nursery stock is believed to be free from injurious pests or plant diseases.

Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 4.

History

Amendments--2009 (Adj. Sess.) Inserted "or nursery grower licensed under this chapter" preceding "ships" and "dealer or nursery grower is licensed and" preceding "has been inspected".

Amendments--2003. Substituted "Secretary" for "Commissioner".

§ 4026. Foreign nursery stock; certificate of inspection; transportation; penalty.

Nursery stock transported into this State for sale, distribution, or installation shall be accompanied by a valid certificate of inspection, or a reasonable facsimile, or other certification accepted by the Secretary, from the state from which the consignment comes or from a U.S. government inspector, stating that the nursery stock is believed to be free of injurious pests or plant diseases. The certificate shall contain the name and mailing address of the consignor.

Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary" for "commissioner" in the first sentence.

§ 4027. Diseased or infested stock; stop-sale; destruction.

  1. Only sound, healthy nursery stock that will maintain its vigor shall be offered for sale. Offering for sale stock that is diseased or infested with injurious pests is a violation of this chapter. Whenever the Secretary has reason to believe that any nursery, nursery grower, or nursery dealer in the State has produced, introduced, installed, sold, or offered for sale diseased or infested nursery stock, the Secretary shall inspect that nursery. If, upon inspection, the Secretary finds any diseased or infested stock, he or she may order the plants, either individually or in blocks, to be:
    1. put on stop-sale;
    2. treated in a particular manner; or
    3. destroyed according to the Secretary's instructions.
  2. Plants ordered destroyed or placed on stop-sale must be clearly separable from noninfested stock. Any order must be confirmed in writing within seven days. The writing shall include the reason for action, a description of the nursery stock affected, and any recommended treatment. Stop-sale tags may not be removed except by written permission of the Secretary or upon suitable disposal of the infested plants as determined by the Secretary.
  3. A person issued any order under subsection (a) of this section may appeal that order to the Secretary within 15 days after receiving the order.  The person shall make an appeal by letter to the Secretary, and shall state any grounds and designate the plants affected.

    Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 5.

History

Amendments--2009 (Adj. Sess.) Subsec. (a): Inserted "nursery grower, or nursery dealer" preceding "in the state", "produced" preceding "introduced", and "nursery" preceding "stock" in the second sentence.

Subsec. (b): Added "as determined by the secretary" following "infested plants" in the last sentence.

Amendments--2003. Substituted "secretary" for "commissioner" and "secretary's" for "commissioner's".

§ 4028. Access to records; nursery stock.

A nursery dealer or nursery grower engaged in the sale, distribution, or installation of nursery stock shall:

  1. provide access for inspection by the Secretary of all nursery stock;
  2. follow appropriate practices so that an adequate inspection of the nursery can be made; and
  3. maintain for one year records of plant purchases, acquisitions, sales, or other distributions and make the records available upon request to the Secretary for inspection.

    Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 6.

History

Amendments--2009 (Adj. Sess.) Inserted "or nursery grower" preceding "engaged" in the introductory paragraph.

Amendments--2003. Substituted "secretary" for "commissioner" in subdivs. (1) and (3).

Cross References

Cross references. Administrative search warrants, see § 12 of this title.

§ 4029. Rules; distribution; penalties.

  1. The Secretary shall adopt rules as prescribed by 3 V.S.A. chapter 25 as he or she deems necessary to carry out the provisions of this chapter.  The rules shall be printed by the State and distributed by the Secretary.
  2. A person who violates any provisions of this chapter or a rule adopted under this chapter shall be fined not more than $100.00 for the first offense and not more than $500.00 for each subsequent offense.  The Secretary may seek and obtain preliminary and permanent injunctive relief for any violation of this chapter or the rules promulgated under this chapter.

    Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

2005. In subsec. (a), substituted "adopt" for "promulgate" and in subsec. (b), substituted "adopted" for "promulgated" to more accurately indicate the rule-making process.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 4030. Special conditions; certification.

  1. The Secretary is authorized to establish conditions and rules under which certain plants may be grown and certified free from virus, fungi, bacteria, or any infesting organism considered detrimental to the plant.
  2. The Secretary is authorized to issue an additional certificate, certifying that the plants were grown under special conditions or have been tested by a recognized procedure that has established them as being free from certain viruses, fungi, bacteria, or other organisms. Certification standards shall be established by the Secretary.
  3. The Secretary shall have authority to assess growers who apply for this additional certification a fee to be paid as the Secretary may direct.  The amount of the fee shall not be greater than is necessary, in the judgment of the Secretary, to meet all expenses incurred in making the inspection and certification.

    Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Revision note. Undesignated second paragraph was designated as subsec. (b) and third paragraph designated as subsec. (b) was redesignated as subsec. (c) to conform section to V.S.A. style.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

§ 4031. Plants taken from the wild.

  1. The Secretary may adopt procedural rules pursuant to the Administrative Procedure Act as set forth in 3 V.S.A. chapter 25, for the collection, sale, or distribution of plants taken from the wild, on the list of Convention on International Trade on Endangered Species of Wild Fauna and Flora, as amended, provided that the plants are not on the Vermont endangered species list. He or she may authorize surveys or other actions to determine the extent that plant collections may be undertaken without jeopardizing the survival of a plant species. He or she may classify plant species based on their populations or chances for survival and may restrict what amount, if any, of a particular species may be removed from the wild.
  2. The Secretary may enter into programs with other government agencies to allow the movement of wild collected plants in interstate and international travel.
  3. The Secretary is authorized to stop-sale, to seize, or return to the point of origin at the possessor's expense any wild plants collected, sold, or distributed in violation of this provision.
  4. The Secretary may collect a fee of $75.00 for a three-year permit to engage in commerce with plants described in subsection (a) of this section. The fee shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of implementing this section.

    Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2013, No. 72 , § 20; 2015, No. 149 (Adj. Sess.), § 21.

History

2005. In subsec. (a), substituted "adopt" for "promulgate" to more accurately indicate the rule-making process.

Amendments--2015 (Adj. Sess.). Subsec. (d): Substituted "$75.00" for "$60.00".

Amendments--2013. Subsec. (d): Added.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Cross References

Cross references. Protection of endangered species, see 10 V.S.A. § 5401 et seq.

§ 4032. Cooperation with other government agencies.

The Secretary may enter into agreements or programs with other government agencies to allow movement of nursery stock or to implement federal or state quarantines as the Secretary deems necessary or are required under federal or state law.

Added 1985, No. 57 , § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 34.

History

Amendments--2017 (Adj. Sess.). Substituted "or" for "and/or" preceding "state quarantines".

Amendments--2003. Substituted "secretary" for "commissioner" in two places.

PART 10 Vermont Agricultural Products

History

Revision note. This part was originally added as part 9 and was redesignated as part 10 to avoid conflict with the designation of part 9 entitled "Nurseries and Nursery Stock."

CHAPTER 207. PROMOTION AND MARKETING OF VERMONT FOODS AND PRODUCTS

History

Amendments--2011. Rewrote the catchline.

Amendments--2001. Act. No. 39, § 6, inserted "and state-funded institutions" in the chapter heading.

Subchapter 1. Agricultural Practices and Production

§ 4601. Repealed. 2011, No. 52, § 73, eff. May 27, 2011.

History

Former § 4601. Former § 4601, relating to purchase of Vermont agricultural products, was derived from 1981, No. 24 and amended by 1995, No. 148 (Adj. Sess.), § 4(c)(2); 2001, No. 39 , § 6; and 2003, No. 42 , § 2.

§ 4602. Good Agricultural Practices Grant Program.

  1. A Good Agricultural Practices Grant Program (GAP) is established in the Agency of Agriculture, Food and Markets for the purpose of providing matching grant funds to agricultural producers whose markets require them to obtain or maintain GAP certification.
  2. The Secretary may award matching grants for capital upgrades that will support Vermont agricultural producers in obtaining GAP certification. The amount of matching funds required by an applicant for a GAP certification grant shall be determined by the Secretary.
  3. An applicant may receive no more than 10 percent of the total funds appropriated for the Program in a fiscal year.

    Added 2011, No. 52 , § 40, eff. May 27, 2011.

Subchapter 2. The Vermont Working Lands Enterprise Program

§ 4603. Legislative findings.

The General Assembly finds:

  1. The report issued by the Council on the Future of Vermont indicates that over 97 percent of Vermonters polled endorsed the value of the "working landscape" as key to our future.
  2. Vermont's unique agricultural and forest assets - its working landscape - are crucial to the State's economy, communities, character, and culture. These assets provide jobs, food and fiber, energy, security, tourism and recreational opportunities, and a sense of well-being. They contribute to Vermont's reputation for quality, resilience, and self-reliance.
  3. Human activity involving Vermont's agricultural and forestland has been integral to the development of Vermont's economy, culture, and image. Sustainable land use will need to balance economic development demands with the other services the land provides, many of which have economic benefits beyond the agriculture and forest product sectors. Some of these benefits include clean air and water, recreational opportunities, ecosystem restoration, scenic vistas, and wildlife habitat.
  4. The agriculture and forest product sectors are similar and share many of the same challenges. There are potential benefits to be realized by the joining of these sectors in development planning and coordination, making policy decisions, and leveraging economic opportunities.
  5. The agriculture and forest product sectors provide renewable and harvestable products that form the basis of Vermont's land-based economy. The conversion of these raw commodities into value-added products within our borders represents further economic and employment opportunities.
  6. Vermont is in the midst of an agricultural renaissance and is at the forefront of the local foods movement. Success has been due to the efforts of skilled and dedicated farmers, creative entrepreneurs, and the strategic investment of private and public funds.
  7. State investment in a given industry or economic sector is often essential to stimulate and attract additional private and philanthropic investment. The combination of public, private, and foundation support can create enterprise opportunities that any one of them alone cannot. Grants issued as a result of 2011 Acts and Resolves, No. 52 helped create jobs and economic activity in the agricultural sector. They also leveraged private and foundation investments.
  8. Vermont's land-based economy has proven to be a driver for Vermont's ongoing economic recovery.
  9. Value-added and specialty Vermont products are a growing source of revenue for Vermont's agricultural producers, many of whom have benefited from the existing infrastructure requirements of commodity producers. Both export and instate markets are necessary options for the agriculture and forest product sectors' economic development.
  10. The Vermont brand is highly regarded both nationally and internationally. Forest management is seen as crop management by those active in the forest product industry. An actively managed forest is a healthy and productive one.
  11. Vermont's agriculture and forest product sectors have not been perceived or treated as businesses by the traditional business and lending communities. They often lack available capital and financial package options that match their stage of development.
  12. Financial service and workforce development programs need to be customized to meet the unique needs of Vermont's agriculture and forest product sectors. Landowner education and labor skills training are also important for future productive management of forestlands.
  13. Scale is an important determining factor for the successful development of businesses that utilize Vermont's agriculture and forest products. Other limiting factors include labor and transportation costs, support services, resource base, and the regulatory environment.
  14. Workers' compensation, health care, energy costs, and regulatory requirements are a major concern to the agriculture and forest product sectors. For example, workers' compensation premiums for loggers may run as high as 48 percent of each dollar of wages.
  15. The amount of land in Vermont is finite, and part of its community and economic value is tied to the way it is used. Farmland and forestland that are developed for other uses affect the future viability of remaining farms and forest enterprises.
  16. A forestland owner is often not the person actively engaged in the business of land management, such as planning, harvesting, or marketing the raw product, whereas in agricultural operations, the farmer often owns both the land and the business. Many farm operations have woodlots that have traditionally been used for syrup, timber, and firewood production.
  17. Vermonters' perception of and support for local wood and forest products are not at the same level as they are for local food. Public outreach and education efforts need to be created to address the public's perception of actively managed working lands and the people who perpetuate them. Over the last decade, consumers of wood products have become more interested in production and management methods, certification programs, and the source of the raw materials.
  18. Vermont's forest products industry has been in decline for many years, in part due to rising costs, a poor housing market, and a lack of manufacturing. The total value of the forest product industry has dropped from $1.8 billion to $1.3 billion since 2007. If wood chips were priced at the equivalent BTU replacement value of oil, they would command a higher price. The number of active sawmills has also declined to fewer than 20 today.
  19. The average age of Vermont's farmers and loggers is over 55 years of age and the average age of forestland owners is over 65. Attention needs to be brought to efforts that will ensure intergenerational succession and lower those averages. Economically viable farm- and forest-based operations are critical to that goal. "Legacy" skills such as farming and logging are disappearing, as the children of those making a living from those skills often aspire to different employment opportunities.
  20. Access to land is a challenge for many, especially younger, people who want the opportunity to make a living from productive use of the land. Farm and forestland ownership is often out of reach for young people who do not have some sort of assistance.
  21. The Vermont forest product sector contains approximately 7,000 jobs, and approximately 57,000 jobs are in Vermont's food system.
  22. Regulations for forest product enterprises need to reflect a balance between economic development and responsible land use practices. There is a need to assess regulations involving the primary processing and transportation elements of the forest product sector.
  23. Seventy-six percent of Vermont's 4.5 million acres is forested, 84 percent of which is privately owned. Sustainable management of State-owned forestlands represents an opportunity for private sector forest businesses.
  24. Forest product sector representatives have identified needs for their industry, including market development, additional secondary processing facilities, lower energy and transportation costs, and capital for growth enterprises as well as research and development for new and improved value-added products that make use of Vermont's forest resources. Factors such as health care, labor, and energy policies in Canada contribute to the northward flow of Vermont logs. Research is needed in order to develop strategies that will help keep Vermont's forest product sector competitive.
  25. Vermont's Use Value Appraisal (Current Use) Program is critically important to every component of Vermont's agriculture and forest product sectors. It also helps keep Vermont forestland productive and healthy through the requirement of active forest management plans.
  26. Dairy enterprises remain Vermont's leading source of agricultural revenues, with an estimated annual economic impact of over $2 billion or approximately 75 percent of total gross agricultural output.
  27. Recent grants and educational programs have started to address the lack of slaughter and meat-processing facilities in the State; however, there continues to be a strong need to further these efforts.

    Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012.

§ 4604. Legislative intent.

It is the intent of the General Assembly in adopting this subchapter to create a working lands enterprise board to administer a fund and develop policy recommendations to:

  1. Stimulate a concerted economic development effort on behalf of Vermont's agriculture and forest product sectors by systematically advancing entrepreneurism, business development, and job creation.
  2. Recognize and build on the similarities and unique qualities of Vermont's agriculture and forest product sectors.
  3. Increase the value of Vermont's raw and value-added products through the development of in-state and export markets.
  4. Attract a new generation of entrepreneurs to Vermont's farm, food system, forest, and value-added chain by facilitating more affordable access to the working landscape.
  5. Provide assistance to agricultural and forest product businesses in navigating the regulatory process.
  6. Use Vermont's brand recognition and reputation as a national leader in food systems development, innovative entrepreneurism, and as a "green" state to leverage economic development and opportunity in the agriculture and forest product sectors.
  7. Promote the benefits of Vermont's working lands, from the economic value of raw and value-added products to the public value of ecological stability, land stewardship, recreational opportunities, and quality of life.
  8. Increase the amount of State investment in working lands enterprises, particularly when it leverages private and philanthropic funds.
  9. Support the people and businesses that depend on Vermont's renewable land-based resources and the sustainable and productive use of the land by coordinating and integrating financial products and programs.
  10. Provide priority funding to agricultural and forest product enterprises. The priority for funding agricultural and forest product enterprises is not intended to exclude funding for technical assistance that directly supports enterprise development.

    Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012; amended 2015, No. 39 , § 22.

History

Amendments--2015. Inserted "a working lands enterprise board to administer a fund and develop policy recommendations to:" following "create" in the introductory paragraph, and added subdiv. (10).

§ 4605. Vermont Working Lands Enterprise Fund.

There is created a special fund in the State Treasury to be known as the "Vermont Working Lands Enterprise Fund." Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5:

  1. The Fund shall be administered and the monies in the Fund shall be expended by the Vermont Working Lands Enterprise Board created in section 4606 of this title.
  2. The Fund shall be composed of monies from time to time appropriated to the Fund by the General Assembly or received from any other source, private or public, approved by the Board, and unexpended balances and any earnings shall remain in the Fund from year to year.
  3. The Board shall make expenditures from the Fund consistent with the duties and authority of the Board established by section 4607 of this title.

    Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012.

§ 4606. Vermont Working Lands Enterprise Board.

  1. Creation.  There is created a Vermont Working Lands Enterprise Board, which for administrative purposes shall be attached to the Agency of Agriculture, Food and Markets.
  2. Organization of Board.  The Board shall be composed of:
    1. the Secretary of Agriculture, Food and Markets or designee, who shall serve as chair;
    2. the Commissioner of Forests, Parks and Recreation or designee;
    3. the Secretary of Commerce and Community Development or designee;
    4. the following members appointed by the Speaker of the House:
      1. one member who is a consulting forester;
      2. one member who is actively engaged in maple production;
      3. one member who is actively engaged in on-farm value-added processing;
      4. one member who is actively engaged in manufacturing or distribution of Vermont agricultural products; and
      5. one member with expertise in sales, marketing, or market development;
    5. the following members appointed by the Senate Committee on Committees:
      1. one member who is actively engaged in wood products manufacturing;
      2. one member involved in production agriculture whose primary enterprise is not fluid milk;
      3. one member who is actively engaged in primary wood processing or logging;
      4. one member who is an agriculture and forestry enterprise funder; and
      5. one member who is a person with expertise in rural economic development;
    6. the following members appointed by the Governor:
      1. one member who is a representative of Vermont's dairy industry who is also a dairy farmer;
      2. one member who is a representative of Vermont's forestry industry who is also a working forest landowner;
      3. one member with expertise in land planning and conservation efforts that support Vermont's working landscape; and
      4. one member who is an employee of a Vermont institution engaged in agriculture or forestry education, training, or research; and
    7. the following members, who shall serve as ex officio, nonvoting members:
      1. the Manager of the Vermont Economic Development Authority or designee;
      2. the Executive Director of the Vermont Sustainable Jobs Fund or designee; and
      3. the Executive Director of the Vermont Housing Conservation Board or designee.
  3. Member terms.  The members designated in subdivisions (b)(4)-(7) of this section shall be appointed to initial terms of one year for members appointed by the Governor, two years for members appointed by the Senate Committee on Committees, and three years for members appointed by the Speaker of the House. Thereafter, each appointed member shall serve a term of three years or until his or her earlier resignation or removal. A vacancy shall be filled by the appointing authority for the remainder of the unexpired term. An appointed member shall not serve more than three consecutive three-year terms.
  4. Officers; committees.  The Board may elect officers, establish one or more committees or subcommittees, and adopt such procedural rules as it shall determine necessary and appropriate to perform its work.
  5. Quorum; meetings; voting.  A majority of the sitting members shall constitute a quorum, and action taken by the Board may be authorized by a majority of the members present and voting at any regular or special meeting at which a quorum is present. The Board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication, including an electronic, telecommunications, and video- or audio-conferencing conference telephone call, by which all members participating may simultaneously or sequentially communicate with each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting.
  6. Compensation.  Private sector members shall be entitled to per diem compensation authorized under 32 V.S.A. § 1010(b) for each day spent in the performance of their duties, and each member shall be reimbursed from the Fund for his or her actual and necessary expenses incurred in carrying out his or her duties.

    Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012; amended 2015, No. 39 , § 23.

History

Amendments--2015. Subsec. (b): Amended generally.

§ 4607. Powers and duties of the Vermont Working Lands Enterprise Board.

  1. Duties.  The Vermont Working Lands Enterprise Board is charged with:
    1. optimizing the agricultural and forest use of Vermont lands and other agricultural resources;
    2. expanding existing markets and identifying and developing new profitable in-state and out-of-state markets for food, fiber, forest products, and value-added agricultural products, including farm-derived renewable energy; and
    3. identifying opportunities and challenges related to access to capital, infrastructure, product development, marketing, training, research, and education.
  2. Powers.  The Vermont Working Lands Enterprise Board shall have the authority:
    1. to design and conduct an ongoing public engagement process, which may include taking testimony and receiving information from any party interested in the Board's activities;
    2. to gain information through the use of experts, consultants, and data to perform analysis as needed;
    3. to request services from State economists, State administrative agencies, and State programs;
    4. to obtain information from other planning entities, including the Farm to Plate Investment Program;
    5. to serve as a resource for and make recommendations to the Administration and the General Assembly on ways to improve Vermont's laws, regulations, and policies in order to attain the goals set forth in section 4604 of this title;
    6. to establish an application process, eligibility criteria, and criteria for prioritizing assistance for awarding grants, loans, incentives, and other investments in agricultural and forestry enterprises and in food and forest systems;
    7. to award grants and other investments, which may include loans underwritten and administered through the Vermont Economic Development Authority;
    8. to enter into performance contracts with one or more persons in order to provide investment and services to agricultural and forestry enterprises, including:
      1. technical assistance and product research services;
      2. marketing assistance, market development, and business and financial planning;
      3. organizational, regulatory, and development assistance; and
      4. feasibility studies of facilities or capital investments to optimize construction and other cost efficiencies;
    9. to identify workforce needs and programs in order to develop training and incentive opportunities for the agriculture and forest product sectors after consulting with the Department of Labor;
    10. to identify strategic statewide infrastructure and investment priorities considering:
      1. leveraging opportunities;
      2. economic clusters;
      3. return-on-investment analysis;
      4. other considerations the Board determines appropriate;
    11. to develop an annual operating budget, and:
      1. solicit and accept any grants, gifts, or appropriations necessary to implement the budget pursuant to 32 V.S.A. § 5 ; and
      2. expend any monies necessary to carry out the purposes of this section; and
    12. to identify growing markets and opportunities for the livestock and poultry sectors, including promoting independent animal welfare certification programs.
  3. Staff support.  The Agency of Agriculture, Food and Markets shall provide administrative support to the extent authorized by the Secretary of Agriculture, Food and Markets, and with the assistance of the Department of Forests, Parks and Recreation to the extent authorized by the Commissioner of Forests, Parks and Recreation, in order to support the Board in the performance of its duties pursuant to this section.

    Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012; amended 2015, No. 39 , § 24; 2017, No. 75 , § 7; 2019, No. 83 , § 8.

History

Amendments--2019. Subsec. (b): Deleted "and" at the end of subdiv. (b)(10)(D), added "and" at the end of subdiv. (b)(11)(B), and added subdiv. (b)(12).

Amendments--2017. Subdiv. (b)(6): Amended generally.

Amendments--2015. Section amended generally.

Subchapter 3. Agricultural Exports

§ 4621. Domestic Export Program.

  1. The Secretary of Agriculture, Food and Markets, in collaboration with the Agency of Commerce and Community Development and the Chief Marketing Officer, shall have the authority to create a Domestic Export Program, the purpose of which may include:
    1. connecting Vermont producers with brokers, buyers, and distributors in other U.S. state and regional markets;
    2. providing technical and marketing assistance to Vermont producers to convert these connections into increased sales and sustainable commercial relationships; and
    3. providing one-time matching grants to attend trade shows and similar events to expand producers' market presence in other U.S. states, subject to available funding.
  2. The Secretary shall collect data on the activities and outcomes of the program authorized under this section and submit his or her findings and recommendations in a report on or before January 15 of each year to the House Committees on Agriculture and Forest Products and on Commerce and Economic Development and to the Senate Committees on Agriculture and on Economic Development, Housing and General Affairs.

    Added 2015, No. 51 , § D.5, eff. June 3, 2015.

History

Implementation; Domestic Export Program. 2015, No. 51 , § D.6, effective June 3, 2015, provides: "The Secretary of Agriculture, Food and Markets shall pursue grants, funding, and other resources, and shall continue to identify operational efficiencies within the Agency, in order to sustain adequately the creation and implementation of activities under the domestic export program authorized in 6 V.S.A. § 4621."

CHAPTER 209. SUSTAINABLE AGRICULTURE

Sec.

§ 4701. Sustainable agriculture research and education program.

  1. The purpose of this section is to promote research and education that will encourage the development and use of economically and ecologically sound sustainable agriculture practices such as organic methods, biological control, integrated pest management, soil improvement, cultivation, harvesting and irrigation techniques, and transportation and marketing innovations, through:
    1. the control of pests and diseases of agricultural importance through alternatives that reduce or eliminate the use of pesticides and petrochemicals.
    2. the production, processing, and distribution of food and fiber in ways that consider the interactions among soils, plants, water, air, animals, tillage, machinery, labor, energy, and transportation to enhance the viability of agricultural soils, public health, and resource conservation.
    3. the expansion of marketing opportunities and promotion of products produced through the practice of sustainable agriculture that will encourage the purchase of Vermont grown foods and promote regional food security; and
    4. the coordination of research and education activities on sustainable agriculture among private and public agencies and individuals within Vermont.
  2. [Repealed.]
  3. The Secretary of Agriculture, Food and Markets is authorized to apply for, accept, and make use of grants from public and private sources to achieve the objectives of this section, in accordance with the provisions of 32 V.S.A. § 5 .  In awarding grants, preference shall be given to individuals, especially farmers, conducting on-farm research.
  4. [Repealed.]

    Added 1989, No. 228 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 33 , § 16; 2013, No. 92 (Adj. Sess.), §§ 249, 302, eff. Feb. 14, 2014; 2019, No. 61 , § 16.

History

Amendments--2019. Subdiv. (a)(3): Added "and" at the end.

Subsecs. (b) and (d): Repealed.

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretary of Education" for "Commissioner of Education" and "U.S." for "United States".

Amendments--2009. Subsec. (d): Deleted "the general assembly" following "organizations".

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subsecs. (b) and (c).

§ 4702. -4709. [Reserved for future use.].

  1. The Vermont Farm and Forest Viability Program is a voluntary program established in the Agency of Agriculture, Food and Markets to provide assistance to Vermont farm, food, and forest-sector businesses to enhance the financial success and long-term viability of Vermont agricultural and forest sectors. In administering the Program, the Secretary shall:
    1. Collaborate with the Vermont Housing and Conservation Board to administer the program with other State and federal agencies, private entities, and service groups to develop, coordinate, and provide technical and financial assistance to Vermont farm, food, and forest-sector businesses.
    2. Secure and coordinate experts to assist farm, food, and forest-sector business owners in areas such as business and financial planning, succession planning, diversifying, adopting new technologies, improving product quality, developing value-added products, and lowering costs of production. Providers may include business management specialists, University of Vermont Extension professionals, and other experts to deliver the educational and consulting services.
    3. Encourage agricultural or forest-sector economic development through investing in improvements to essential infrastructure and the promotion of businesses in these sectors.
    4. Enter into agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this State and employ technical experts to carry out the purposes of this section.
  2. The Farm and Forest Viability Program shall be assisted by an advisory board consisting of 12 members who shall include:
    1. The Secretary of Agriculture, Food and Markets. The Secretary shall serve as Chair of the Board.
    2. The Commissioner of Forests, Parks and Recreation or designee.
    3. The Commissioner of Economic Development or designee.
    4. The Manager of the Vermont Economic Development Authority or designee.
    5. The Director of University of Vermont Extension or designee.
    6. The Executive Director of the Vermont Housing and Conservation Board or designee.
    7. Four Vermont agricultural or forest-sector business owners appointed by the Secretary of Agriculture, Food and Markets in consultation with the Vermont Housing and Conservation Board and the Commissioner of Forests, Parks and Recreation. At least two of the four business owners shall be agricultural-sector business owners.
    8. Two people who have expertise in agricultural or forest-sector economics, financing, or business development appointed by the Secretary of Agriculture, Food and Markets in consultation with the Vermont Housing and Conservation Board and the Commissioner of Forests, Parks and Recreation.
  3. Members of the Advisory Board established in subsection (b) of this section other than ex officio members shall serve up to three two-year terms and shall be entitled to per diem expenses pursuant to 32 V.S.A. § 1010 for each day spent in the performance of their duties, and each such member shall be reimbursed for his or her reasonable expenses incurred in carrying out his or her duties under this section.
  4. In consultation with the Advisory Board, the Secretary of Agriculture, Food and Markets and the Vermont Housing and Conservation Board shall establish performance goals, performance measures that demonstrate Program results, and other criteria to implement the Program. The criteria shall include at least the following requirements:
    1. the use of funds available to the Program is likely to succeed in improving the economic viability of the business;
    2. the enrollees demonstrate commitment to participating in the Program; and
    3. an evaluation shall be completed by the enrollees.
  5. The Secretary of Agriculture, Food and Markets, the Commissioner of Forests, Parks and Recreation, and the Vermont Housing and Conservation Board, separately or cooperatively, may solicit federal funds, grants, and private contributions for the Farm and Forest Viability Program, but any Vermont Housing and Conservation Board funds used for the Farm and Forest Viability Program shall be administered in accordance with 10 V.S.A. § 312 .
  6. In collaboration with the Secretary of Agriculture, Food and Markets and the Commissioner of Forests, Parks and Recreation, the Vermont Housing and Conservation Board shall report in writing to the Senate Committees on Agriculture and on Economic Development, Housing and General Affairs and the House Committees on Agriculture and Forestry and on Commerce and Economic Development on or before January 31 of each year with a report on the activities and performance of the Farm and Forest Viability Program. At a minimum, the report shall include an evaluation of the Program utilizing the performance goals and performance measures established in consultation with the Advisory Board under subsection (d) of this section.
  7. [Repealed.]

    Added 2003, No. 143 (Adj. Sess.), § 1, eff. June 3, 2004; amended 2005, No. 77 , § 2; 2005, No. 201 (Adj. Sess.), § 1; 2007, No. 92 (Adj. Sess.), § 3; 2015, No. 11 , § 6; 2017, No. 194 (Adj. Sess.), § 5.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2015. Subsec. (d): Substituted "performance" for "evaluative" preceding "measures" and inserted "that demonstrate Program results" thereafter in the first sentence.

Subdiv. (f)(1): Substituted "Senate Committee on Agriculture and the House Committee on Agriculture and Forest Products" for "senate and house committees on agriculture" in the first sentence, "performance" for "evaluative" preceding "measures" and deleted "pursuant to subsection (b) of this section" following "Advisory Board" in the second sentence, and deleted the former last sentence.

Amendments--2007 (Adj. Sess.). Subdiv. (g)(3): Substituted "in order to produce agricultural energy, harvest biomass, convert biomass into energy, or enable installation and usage of wind, solar, or other technology that relies on a resource that is being consumed at a harvest rate at or below its natural regeneration rate pursuant to 30 V.S.A. § 8002(2), including:" for "for" following "available".

Subdiv. (g)(3)(A): Deleted "that harvest biomass, convert biomass to energy, or produce biofuel" following "enterprises".

Subdiv. (g)(3)(B): Substituted "Cost-effective implementation" for "Implementation" and deleted "to produce agricultural energy, harvest biomass, or convert biomass into energy" following "assistance".

Amendments--2005 (Adj. Sess.). Subdiv. (g)(3): Added.

Amendments--2005 Subsec. (g): Added.

Findings. 2005, No. 77 , § 1, provides that: "Regulatory and economic pressures have forced Vermont's farmers to explore new or innovative technology-based agricultural alternatives or solutions to remain competitive. Technology-based agricultural alternatives or solutions, such as renewable energy development, lessen the regulatory burden on agriculture, provide farms with new revenue sources, encourage increased participation of young Vermonters in agriculture, and help ensure the success of statewide environmental programs, such as the Clean and Clear Action Plan. Consequently, the General Assembly should encourage the agency of agriculture, food and markets to study and develop multiple technology-based agricultural alternatives and solutions to help sustain the dairy industry, livestock farms, and other agricultural sectors in Vermont."

Innovative agricultural development. 2005, No. 77 , § 3 provides that: "The agency of agriculture, food and markets under subdivision 4710(a)(3) of Title 6 shall develop an economic initiative to recruit and provide assistance to businesses developing and commercializing innovative technologies for farm-based energy and nutrient management. In administering the initiative, the secretary shall:

"(1) Encourage businesses utilizing or providing emerging and existing technology to locate, develop, and grow in Vermont, with a concentration on:

"(A) Renewable farm-based energy, such as biodiesel fuel, biomass fuels, methane or methanol, wind, solar, ethanol, and other renewable energy sources; and

"(B) Nutrient management, such as mechanical separation, biological processes, and electrical impulse.

"(2) Collaborate with the department of economic development, the Vermont center for emerging technologies, state and federal agencies, and private entities to recruit, develop, coordinate, and provide technical and financial assistance to businesses utilizing or providing emerging and existing technology in Vermont.

"(3) Explore and utilize technology and financial incentives to advance and stabilize Vermont's livestock industry and other agricultural sectors with emphasis on achieving:

"(A) Increased farm revenues;

"(B) Resolution of water, air, and soil quality problems;

"(C) Added value uses for crops, livestock, agricultural residue, and byproducts;

"(D) More productive use of marginal land; and

"(E) Alternative agricultural and rural enterprises."

§ 4710. Vermont Farm and Forest Viability Program.

CHAPTER 210. [RESERVED FOR FUTURE USE.]

CHAPTER 211. THE ROZO MCLAUGHLIN FARM-TO-SCHOOL PROGRAM

Sec.

History

Coordination of farm-to-plate, farm-to-school, and farm-to-institutions programs. 2009, No. 78 (Adj. Sess.), § 22 provides: "For the purposes of avoiding duplication of administration and better coordinating resources, the Vermont farm-to-plate investment program, in consultation with the secretary of agriculture, shall include in its strategic plan for agricultural economic development required by 10 V.S.A. § 330(c)(1), a recommendation for the oversight and coordination of the farm-to-plate investment program established under 10 V.S.A. § 330, the farm-to-school program established under 6 V.S.A. § 4721, and any other farm-to-institutions partnerships designed to increase institutional purchases of fresh, locally grown food."

§ 4719. Purpose and State goal.

  1. Purpose.  It is the purpose of this chapter to establish a farm-to-school program to:
    1. encourage Vermont residents in developing healthy and lifelong habits of eating nutritious local foods;
    2. maximize use by Vermont schools of fresh and locally grown, produced, or processed food;
    3. work with partners to establish a food, farm, and nutrition education program that educates Vermont students regarding healthy eating habits through the use of educational materials, classes, and hands-on techniques that inform students of the connections between farming and the foods that students consume;
    4. increase the size and stability of direct sales markets available to farmers; and
    5. increase participation of Vermont students in child nutrition programs by increasing the selection of available foods.
  2. State Farm-to-School Network goal.  It is the goal of the Farm-to-School Program to establish a food system that by 2025:
    1. engages 75 percent of Vermont schools in an integrated food system education program that incorporates community-based learning; and
    2. purchases 50 percent of food from local or regional food sources.

      Added 2017, No. 63 , § 1.

§ 4720. Definitions.

As used in this chapter, "Farm-to-School Program" means an integrated food, farm, and nutrition education program that utilizes community-based learning opportunities to connect schools with nearby farms so that child nutrition programs can provide students with locally produced fresh fruits and vegetables, dairy and protein products, and other nutritious, locally produced foods; help children develop healthy eating habits; provide nutritional and agricultural education in the classroom, cafeteria, and school community; and improve farmers' incomes and direct access to markets.

Added 2017, No. 63 , § 1.

§ 4721. Local foods grant program.

  1. There is created in the Agency of Agriculture, Food and Markets the Rozo McLaughlin Farm-to-School Program to execute, administer, and award local grants for the purpose of helping Vermont schools develop farm-to-school programs that will sustain relationships with local farmers and producers, enrich the educational experience of students, improve the health of Vermont children, and enhance Vermont's agricultural economy.
  2. A school, a school district, a consortium of schools, a consortium of school districts, a registered or licensed child care provider, or an organization administering or assisting the development of farm-to-school programs may apply to the Secretary of Agriculture, Food and Markets for a grant award to:
    1. fund equipment, resources, training, and materials that will help to increase use of local foods in child nutrition programs;
    2. fund items, including local food products, gardening supplies, field trips to farms, gleaning on farms, and stipends to visiting farmers, that will help educators to use hands-on educational techniques to teach children about nutrition and farm-to-school connections;
    3. fund professional development and technical assistance, in partnership with the Agency of Education and farm-to-school technical service providers, to help teachers, child nutrition personnel, organizations administering or assisting the development of farm-to-school programs, and members of the farm-to-school community educate students about nutrition and farm-to-school connections and assist schools and licensed or registered child care providers in developing a farm-to-school program; and
    4. fund technical assistance or support strategies to increase participation in federal child nutrition programs that increase the viability of sustainable meal programs.
  3. The Secretaries of Agriculture, Food and Markets and of Education and the Commissioner of Health, in consultation with farmers, child nutrition staff, educators, organizations administering or assisting the development of farm-to-school programs, and farm-to-school technical service providers jointly shall adopt procedures relating to the content of the grant application and the criteria for making awards.
  4. The Secretary shall determine that there is significant interest in the school community before making an award and shall give priority consideration to schools, school districts, and registered or licensed child care providers that are developing farm-to-school connections and education, that indicate a willingness to make changes to their child nutrition programs to increase student access and participation, and that are making progress toward the implementation of the Vermont School Wellness Policy Guidelines developed by the Agency of Agriculture, Food and Markets, the Agency of Education, and the Department of Health, updated in June 2015 or of the successor of these guidelines.
  5. No award shall be greater than 20 percent of the total annual amount available for granting except that a grant award to the following entities may, at the discretion of the Secretary of Agriculture, Food and Markets, exceed the cap:
    1. Farm-to-School service providers; or
    2. school districts or consortiums of school districts that completed merger under 2010 Acts and Resolves No. 153, 2012 Acts and Resolves No. 156, or 2015 Acts and Resolves No. 46 on or before July 1, 2019, provided that the grant is used for the purpose of expanding Farm-to-School projects to additional schools within the new school district.

      Added 2007, No. 24 , § 2; amended 2013, No. 92 (Adj. Sess.), §§ 250, 302, eff. Feb. 14, 2014; 2017, No. 63 , § 1; 2019, No. 34 , § 1; 2019, No. 64 , § 4.

History

Amendments--2019. Subsec. (b): Act Nos. 34 and 64 made identical amendments by substituting "a" for "or" following "consortium of school districts," and by substituting "provider, or an organization administering or assisting the development of farm-to-school programs" for "providers" following "licensed child care".

Subdiv. (b)(3): Act Nos. 34 and 64 made identical amendments by inserting "organizations administering or assisting the development of farm-to-school programs" following "child nutrition personnel".

Subsec. (c): Act Nos. 34 and 64 made identical amendments by inserting "organizations administering or assisting the development of farm-to-school programs" following "child nutrition staff, educators".

Subsec. (e): 2019, No. 34 and 2019, No. 64 made identical amendments by rewriting the introductory paragraph, and added subdivs. (e)(1) and (e)(2).

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (c): Substituted "Secretaries of Agriculture, Food and Markets and of Education" for "Secretary and the Commissioner of Education".

Subsec. (d): Act No. 92 § 302 substituted "Agency of Education" for "Department of Education".

2013 (Adj. Sess.) statutory revision. 2013, No. 92 (Adj. Sess.), § 302 provides "In its statutory revision capacity under 2 V.S.A. § 424, the Office of Legislative Council shall, where appropriate,

"(1) replace the word "pupil" with the word "student" except when referring to "the net cost per pupil," "equalized pupils," "per pupil tuition," "full-time equivalent pupils," and "legal pupils;"

"(2) replace the words "technical education" with "career technical education" or "CTE" and the words "technical center" with "career technical center" or "CTE center;"

"(3) replace the word "Commissioner" with the word "Secretary" and the word "Department" with the word "Agency" when referring to the Secretary of Education and the Agency of Education and make related grammatical changes; and

"(4) replace the word "plan" with the word "program" when referring to an individualized education program."

§ 4722. Farm assistance; Secretary of Agriculture, Food and Markets.

  1. The Secretary of Agriculture, Food and Markets shall work with existing programs and organizations to develop and implement educational opportunities for farmers to help them increase their markets through selling their products to schools, registered or licensed child care providers, and State government agencies that operate or participate in child nutrition programs.
  2. The Secretary of Agriculture, Food and Markets shall work with distributors that sell products to schools, registered or licensed child care providers, and State government agencies to increase the availability of local products. The Secretary of Agriculture, Food and Markets shall consult and cooperate with the Secretary of Education when working with distributors to schools under this subsection.

    Added 2007, No. 24 , § 2; amended 2013, No. 92 (Adj. Sess.), §§ 251, 302, eff. Feb. 14, 2014; 2017, No. 63 , § 1; 2019, No. 34 , § 2.

History

Amendments--2019. Subsec. (b): Added the last sentence.

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretaries of Agriculture, Food and Markets and of Education" for "Secretary and the Commissioner of Education".

2013 (Adj. Sess.) statutory revision. 2013, No. 92 (Adj. Sess.), § 302 provides" "In its statutory revision capacity under 2 V.S.A. § 424, the Office of Legislative Council shall, where appropriate,

"(1) replace the word "pupil" with the word "student" except when referring to "the net cost per pupil," "equalized pupils," "per pupil tuition," "full-time equivalent pupils," and "legal pupils;"

"(2) replace the words "technical education" with "career technical education" or "CTE" and the words "technical center" with "career technical center" or "CTE center;"

"(3) replace the word "Commissioner" with the word "Secretary" and the word "Department" with the word "Agency" when referring to the Secretary of Education and the Agency of Education and make related grammatical changes; and

"(4) replace the word "plan" with the word "program" when referring to an individualized education program."

§ 4723. Professional development for food service personnel.

  1. The Secretary of Education, in consultation with the Secretary of Agriculture, Food and Markets, the Commissioner of Health, and farm-to-school organizations and partners, shall offer professional development opportunities for public school food service and child care personnel and child care resource development specialists. Training shall include information about strategies for procuring, processing, and serving locally grown foods, especially with regard to federal procurement program requirements, as well as information about nutrition, obesity prevention, coping with severe food allergies, universal recycling, and food service operations. The Secretary of Education may use a portion of the funds appropriated for this training session to pay a portion of or all expenses for attendees and to develop manuals or other materials to help in the training.
  2. The Secretary of Education shall, with existing programs and organizations, provide training related to procurement of local food and technical assistance to school food service and child care personnel and use a portion of the funds appropriated for this purpose to enable the trained people to provide technical assistance at the school and school district levels.
  3. Training provided under this section shall promote the policies established in the Vermont School Wellness Policy Guidelines developed by the Agencies of Agriculture, Food and Markets and of Education and the Department of Health, updated in June 2015, or the guidelines' successor.

    Added 2007, No. 24 , § 2; amended 2013, No. 92 (Adj. Sess.), §§ 252, 302, eff. Feb. 14, 2014; 2017, No. 63 , § 1.

History

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsecs. (a) and (b): Substituted "Secretary of Education" for "Commissioner of Education."

2013 (Adj. Sess.) statutory revision. 2013, No. 92 (Adj. Sess.), § 302 provides" "In its statutory revision capacity under 2 V.S.A. § 424, the Office of Legislative Council shall, where appropriate,

"(1) replace the word "pupil" with the word "student" except when referring to "the net cost per pupil," "equalized pupils," "per pupil tuition," "full-time equivalent pupils," and "legal pupils;"

"(2) replace the words "technical education" with "career technical education" or "CTE" and the words "technical center" with "career technical center" or "CTE center;"

"(3) replace the word "Commissioner" with the word "Secretary" and the word "Department" with the word "Agency" when referring to the Secretary of Education and the Agency of Education and make related grammatical changes; and

"(4) replace the word "plan" with the word "program" when referring to an individualized education program."

§ 4724. Food Systems Administrator.

  1. The position of Food Systems Administrator is established in the Agency of Agriculture, Food and Markets for the purpose of assisting Vermont producers in increasing their access to commercial markets and institutions, including schools, registered or licensed child care providers, State and municipal governments, and hospitals.
  2. The duties of the Food Systems Administrator shall include:
    1. working with institutions, schools, the Agency of Education, registered or licensed child care providers, distributors, producers, commercial markets, and others to create matchmaking opportunities that increase the number of Vermont institutions that purchase foods grown or produced in Vermont;
    2. coordinating funding and providing support to the farm-to-school and farm-to-institutions programs within the Agency of Agriculture, Food and Markets, and coordinating with interested parties to access funding or create matchmaking opportunities across the supply chain that increase participation in those programs;
    3. encouraging and facilitating State employee access and awareness of opportunities for purchasing local food, including: enrollment in a local community supported agriculture (CSA) organization, purchasing from local farm stands, and participation in a farmers' market;
    4. developing a database of producers and potential purchasers and enhancing the Agency's and partners' ability to improve and support local foods coordination through the use of information technology; and
    5. providing technical support to local communities with their food security efforts.
  3. The Food Systems Administrator, working with the Commissioner of Buildings and General Services pursuant to rules adopted under 29 V.S.A. § 152(14) , shall:
    1. encourage and facilitate awareness of and opportunities to procure healthy local foods by State employees through the use of approved advertisements and solicitations on State-owned property; and
    2. implement guidelines for the appropriate use of State property for employee participation in CSA organizations, including reasonable restrictions on the time, place, and manner of solicitations, advertisements, deliveries, and related activities to ensure the safety and welfare of State property and its occupants.
  4. The Food Systems Administrator shall administer a local foods grant program, the purpose of which shall be to provide grants to allow Vermont producers to increase their access to commercial and institutional markets.

    Added 2011, No. 52 , § 42, eff. May 27, 2011; amended 2017, No. 63 , § 1; 2019, No. 34 , § 3.

History

Amendments--2019. Subdiv. (b)(1): Inserted "the Agency of Education" following "schools".

Amendments--2017. Section amended generally.

CHAPTER 212. -214. [RESERVED FOR FUTURE USE.]

CHAPTER 215. AGRICULTURAL WATER QUALITY

Cross References

Cross references. Loans to family farmers for construction of water pollution control facilities, see 10 V.S.A. § 271 et seq.

Subchapter 1. General Provisions

§ 4801. Purpose; State policy.

It is the purpose of this chapter to ensure that agricultural animal wastes do not enter the waters of this State. Therefore, it is State policy that:

  1. All farms meet certain standards in the handling and disposal of animal wastes, as provided by this chapter, and the cost of meeting these standards shall not be borne by farmers only, but rather by all members of society, who are in fact the beneficiaries. Accordingly, State and federal funds shall be made available to farms, regardless of size, to defray the major cost of complying with the requirements of this chapter. State and federal conservation programs to assist farmers should be directed to those farms that need to improve their infrastructure to prohibit direct discharges or bring existing water pollution control structures into compliance with U.S. Department of Agriculture (U.S.D.A.) Natural Resources Conservation Service standards. Additional resources should be directed to education and technical assistance for farmers to improve the management of agricultural wastes and protect water quality.
  2. Officials who administer the provisions of this chapter:
    1. shall educate farmers and other affected citizens on requirements of this chapter through an outreach collaboration with farm associations and other community groups;
    2. shall, in the process of rendering official decisions, afford farmers and other affected citizens an opportunity to be heard and give consideration to all interests expressed; and
    3. may provide grants from a program established under this chapter to eligible Vermont municipalities, local or regional governmental agencies, nonprofit organizations, and citizen groups in order to provide direct financial assistance to farms in implementing conservation practices.

      Added 2003, No. 149 (Adj. Sess.), § 2, eff. June 3, 2004; amended 2013, No. 83 , § 10, eff. June 10, 2013.

History

Amendments --Subdiv. (1): deleted "animal waste" preceding "requirements".

Subdivs. (2)(A), (2)(B): Inserted "shall" preceding "educate" and "shall," preceding "in" respectively.

Subdiv. (2)(C): Added.

§ 4802. Definitions.

As used in this chapter:

  1. "Agency" means the Agency of Agriculture, Food and Markets.
  2. "Farming" has the same meaning as used in 10 V.S.A. § 6001(22) .
  3. "Good standing" means a participant in a program administered under this chapter:
    1. does not have an active enforcement violation that has reached a final order with the Secretary; and
    2. is in compliance with all terms of a current grant agreement or contract with the Agency.

      "Healthy soil" means soil that has a well-developed, porous structure, is chemically balanced, supports diverse microbial communities, and has abundant organic matter.

      "Manure" means livestock waste in solid or liquid form that may also contain bedding, spilled feed, water, or soil.

      "Secretary" means the Secretary of Agriculture, Food and Markets.

      "Top of bank" means the point along the bank of a stream where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during an annual flood event. Annual flood event shall be determined according to the Agency of Natural Resources' Flood Hazard Area and River Corridor Protection Procedure.

      (8) "Waste" or "agricultural waste" means material originating or emanating from a farm that is determined by the Secretary or the Secretary of Natural Resources to be harmful to the waters of the State, including: sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste, animal mortalities, compost, feed and crop debris; waste oils; pathogenic bacteria and viruses; thermal pollution; silage runoff; untreated milk house waste; and any other farm waste as the term "waste" is defined in 10 V.S.A. § 1251(12) .

      (9) "Water" has the same meaning as used in 10 V.S.A. § 1251(13) .

      Added 2003, No. 149 (Adj. Sess.), § 2, eff. June 3, 2004; amended 2015, No. 64 , § 2; 2019, No. 64 , § 5.

History

Amendments--2019. Subdiv. (2): Substituted "has" for "shall have".

Added subdiv. (3), and redesignated former subdivs. (3) through (8) as subdivs. (4) through (9).

Subdiv. (8): Substituted "milk house" for "milkhouse" near the end.

Subdiv. (9): Substituted "has" for "shall" following "Water".

Amendments--2015. Section heading: Substituted "definitions" for "definition".

Introductory paragraph: Substituted "As used in " for "For purposes of" and deleted "the word 'secretary,' when used by itself, means the Secretary of Agriculture, Food and Markets" in the first sentence and added subdivs. (1)-(8).

§ 4803. Agricultural Water Quality Special Fund.

  1. There is created the Agricultural Water Quality Special Fund to be administered by the Secretary of Agriculture, Food and Markets. Fees collected under this chapter, including fees for permits or certifications issued under the chapter, shall be deposited in the Fund.
  2. The Secretary may use monies deposited in the Fund for the Secretary's implementation and administration of agricultural water quality programs or requirements established by this chapter, including to pay salaries of Agency staff necessary to implement the programs and requirements of this chapter.
  3. Notwithstanding the requirements of 32 V.S.A. § 588(3) , interest earned by the Fund shall be retained in the Fund from year to year.

    Added 2015, No. 64 , § 5a.

Subchapter 2. Water Quality; Required Agricultural Practices and Best Management Practices

History

Amendments--2003 (Adj. Sess.) Renumbered former subchapter 1 as present subchapter 2, and rewrote the subchapter heading.

Amendments--1995 1995, No. 62 , § 36, eff. April 26, 1995, added the subchapter 1 heading.

Agency of Agriculture, Food and Markets educational materials regarding the regulation of composting on farms. 2011, No. 39 , § 9 provides: "(a) The Agency of Agriculture, Food and Markets and the Agency of Natural Resources, after consultation with the Regional Planning Commissions and the Compost Association of Vermont, shall develop educational materials regarding the regulatory requirements for the operation of a compost facility on a farm. The educational materials shall include a summary of the state regulations for the operation of a compost facility, including the accepted composting practices, the solid waste management rules, and state land use planning under 10 V.S.A. chapter 151.

"(b) The Agency of Agriculture, Food and Markets and the Agency of Natural Resources shall post the educational materials required by this section on each agency's website and shall conduct outreach activities to inform farmers of the materials produced under this section."

§ 4810. Authority; cooperation; coordination.

  1. Agricultural land use practices.  In accordance with 10 V.S.A. § 1259(i) , the Secretary shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and shall implement and enforce agricultural land use practices in order to satisfy the requirements of 33 U.S.C. § 1329 that the State identify and implement best management practices to control nonpoint sources of agricultural waste to waters of the State. These agricultural land use practices shall be created in two categories, pursuant to subsections (b) and (c) of this section.
  2. Required Agricultural Practices.  Required Agricultural Practices (RAPs) shall be management standards to be followed by all persons engaged in farming in this State. These standards shall address activities which have a potential for causing agricultural pollutants to enter the groundwater and waters of the State, including dairy and other livestock operations plus all forms of crop and nursery operations and on-farm or agricultural fairground, registered pursuant to 20 V.S.A. § 3902 , livestock and poultry slaughter and processing activities. The RAPs shall include, as well as promote and encourage, practices for farmers in preventing agricultural pollutants from entering the groundwater and waters of the State when engaged in animal waste management and disposal, soil amendment applications, plant fertilization, and pest and weed control. Persons engaged in farming who are in compliance with these practices shall be presumed to not have a discharge of agricultural pollutants to waters of the State. RAPs shall be designed to protect water quality and shall be practical and cost-effective to implement, as determined by the Secretary. Where the Secretary determines, after inspection of a farm, that a person engaged in farming is complying with the RAPs but there still exists the potential for agricultural pollutants to enter the waters of the State, the Secretary shall require the person to implement additional, site-specific on-farm conservation practices designed to prevent agricultural pollutants from entering the waters of the State. When requiring implementation of a conservation practice under this subsection, the Secretary shall inform the person engaged in farming of the resources available to assist the person in implementing the conservation practice and complying with the requirements of this chapter. The RAPs for groundwater shall include a process under which the Agency shall receive, investigate, and respond to a complaint that a farm has contaminated the drinking water or groundwater of a property owner. A farmer may petition the Secretary to reduce the size of a perennial buffer or change the perennial buffer type based on site-specific conditions.
  3. Best Management Practices.  Best management practices (BMPs) are site-specific on-farm conservation practices implemented in order to address the potential for agricultural pollutants to enter the waters of the State. The Secretary may require any person engaged in farming to implement a BMP. When requiring implementation of a BMP, the Secretary shall inform a farmer of financial resources available from State or federal sources, private foundations, public charities, or other sources, including funding from the Clean Water Fund established under 10 V.S.A. § 1388 , to assist the person in implementing BMPs and complying with the requirements of this chapter. BMPs shall be practical and cost effective to implement, as determined by the Secretary, and shall be designed to achieve compliance with the requirements of this chapter. The Secretary may require soil monitoring or innovative manure management as a BMP under this subsection. Soil monitoring or innovative manure management implemented as a BMP shall be eligible for State assistance under the Clean Water Fund established under 10 V.S.A. chapter 47, subchapter 7. If a perennial buffer of trees or other woody vegetation is required as a BMP, the Secretary shall pay the farmer for a first priority easement on the land on which the buffer is located.
  4. Cooperation and coordination.  The Secretary of Agriculture, Food and Markets shall coordinate with the Secretary of Natural Resources in implementing and enforcing programs, plans, and practices developed for reducing and eliminating agricultural non-point source pollutants and discharges from concentrated animal feeding operations. On or before July 1, 2016, the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall revise the memorandum of understanding for the non-point program describing program administration, grant negotiation, grant sharing, and how they will coordinate watershed planning activities to comply with Pub. L. No. 92-500. The memorandum of understanding shall describe how the agencies will implement the antidegradation implementation policy, including how the agencies will apply the antidegradation implementation policy to new sources of agricultural non-point source pollutants. The Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall also develop a memorandum of understanding according to the public notice and comment process of 10 V.S.A. § 1259(i) regarding the implementation of the federal Concentrated Animal Feeding Operation Program and the relationship between the requirements of the federal Program and the State agricultural water quality requirements for large, medium, and small farms under this chapter. The memorandum of understanding shall describe Program administration, permit issuance, an appellate process, and enforcement authority and implementation. The memorandum of understanding shall be consistent with the federal National Pollutant Discharge Elimination System permit regulations for discharges from concentrated animal feeding operations. The allocation of duties under this chapter between the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall be consistent with the Secretary's duties, established under the provisions of 10 V.S.A. § 1258(b) , to comply with Pub. L. No. 92-500. The Secretary of Natural Resources shall be the State lead person in applying for federal funds under Pub. L. No. 92-500, but shall consult with the Secretary of Agriculture, Food and Markets during the process. The agricultural non-point source program may compete with other programs for competitive watershed projects funded from federal funds. The Secretary of Agriculture, Food and Markets shall be represented in reviewing these projects for funding. Actions by the Secretary of Agriculture, Food and Markets under this chapter concerning agricultural non-point source pollution shall be consistent with the water quality standards and water pollution control requirements of 10 V.S.A. chapter 47 and the federal Clean Water Act as amended. In addition, the Secretary of Agriculture, Food and Markets shall coordinate with the Secretary of Natural Resources in implementing and enforcing programs, plans, and practices developed for the proper management of composting facilities when those facilities are located on a farm. On or before January 15, 2016, the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall each develop three separate measures of the performance of the agencies under the memorandum of understanding required by this subsection. Beginning on January 15, 2017, and annually thereafter, the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall submit separate reports to the Senate Committee on Agriculture, the House Committee on Agriculture and Forestry, the Senate Committee on Natural Resources and Energy, and the House Committee on Natural Resources, Fish, and Wildlife regarding the success of each agency in meeting the performance measures for the memorandum of understanding.

    Added 1991, No. 261 (Adj. Sess.), § 4; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 149 (Adj. Sess.), § 4, eff. June 3, 2004; 2005, No. 78 , § 1, eff. June 24, 2005; 2007, No. 38 , § 13, eff. May 21, 2007; 2009, No. 141 (Adj. Sess.), § 3b, eff. June 1, 2010; 2015, No. 64 , § 12; 2017, No. 113 (Adj. Sess.), § 35.

History

Reference in text. Public Law 92-500, which is cited as the Federal Water Pollution Control Act Amendments of 1972, and the Clean Water Act, both of which are referred to in subsec. (b), are principally codified as 33 U.S.C. § 1251 et seq.

2015. Substituted "required agricultural practices" for "accepted agricultural practices" in accordance with 2015, No. 64 , § 13.

Revision note - Substituted "chapter 47 of Title 10" for "chapter 47 of this title" in the last sentence of subsec. (b) to correct an error in the reference.

2015. 2015, No. 64 , § 12 amended this section without a subsec. (d). To conform with V.S.A. style, subsec. (e) was redesignated as subsec. (d).

Amendments--2017 (Adj. Sess.). Subsec. (d): Substituted "Pub. L. No. 92-500" for "Public Law 92-500" in three places throughout the section, and "Natural Resources, Fish, and Wildlife" for "Fish, Wildlife and Water Resources" following "House Committee" in the last sentence.

Amendments--2015. Subsec. (a): Substituted "3 V.S.A. chapter 25" for "chapter 25 of Title 3" following "shall adopt by rule, pursuant to" near the beginning of the first sentence, substituted "satisfy the requirements of 33 U.S.C. § 1329 that the State identify and implement best management practices to control nonpoint sources of agricultural waste to waters of the State" for "reduce the amount of agricultural pollutants entering the waters of the state" at the end of the second sentence, and substituted "subsections (b) and (c) of this section" for "subdivisions (1) and (2) of this subsection" at the end of the last sentence.

Subsecs. (b), (c), and (e): Amended generally.

Amendments--2009 (Adj. Sess.) Subsec. (b): Added the last sentence, and made minor stylistic changes in two places.

Amendments--2007. Subdiv. (a)(1): Inserted "and on-farm or agricultural fairground, registered pursuant to section 3902 of Title 20, livestock and poultry slaughter and processing activities" following "operations" in the second sentence.

Amendments--2005 Subdiv. (a)(1): Substituted "the groundwater and waters of the state" for "the waters of this state" in the second sentence, inserted "as well as promote and encourage" preceding "practices" and "groundwater and" preceding "waters" in the third sentence, and added the sixth sentence.

Subsec. (b): Added "and discharges from concentrated animal feeding operations" in the first sentence, inserted "for the non-point program " following "understanding" in the second sentence, added the third through fifth sentences, substituted "subsection 1258(b)" for "section 1258(b)" in the sixth sentence, and inserted "concerning agricultural non-point source pollution" following "chapter" in the tenth sentence.

Amendments--2003 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--2003. Subsec. (a): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first sentence and "secretary of agriculture, food and markets" for "commissioner" in the sixth and seventh sentences.

Subsec. (b): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" throughout and "secretary of agriculture, food and markets" for "commissioner" after "between the" in the third sentence, after "The" in the sixth sentence, and after "by the" in the seventh sentence.

§ 4810a. Required agricultural practices; revision.

  1. The Secretary of Agriculture, Food and Markets shall maintain the required agricultural practices in order to improve water quality in the State, assure practices on all farms eliminate adverse impacts to water quality, and implement the small farm certification program required by section 4871 of this title. At a minimum, the required agricultural practices shall:
    1. Specify those farms that:
      1. are required to comply with the small farm certification requirements under section 4871 of this title due to the potential impact of the farm or type of farm on water quality as a result of livestock managed on the farm, agricultural inputs used by the farm, or tillage practices on the farm; and
      2. shall be subject to the required agricultural practices, but shall not be required to comply with small farm certification requirements under section 4871 of this title.
      1. Except as authorized under subdivision (C) of this subdivision (2), prohibit a farm from stacking or piling manure, storing fertilizer, or storing other nutrients on the farm: (2) (A) Except as authorized under subdivision (C) of this subdivision (2), prohibit a farm from stacking or piling manure, storing fertilizer, or storing other nutrients on the farm:
        1. in a manner and location that presents a threat of discharge to a water of the State or presents a threat of contamination to groundwater; or
        2. on lands in a floodway or otherwise subject to annual flooding.
      2. Except as authorized under subdivision (C) of this subdivision (2), manure stacking or piling sites, fertilizer storage, or other nutrient storage shall not be located within 200 feet of a private well or within 200 feet of a water of the State.
      3. The Secretary may authorize one or more of the following:
        1. siting of manure stacking or piling sites, fertilizer storage, or other nutrient storage within 200 feet, but not less than 100 feet, of a private well or surface water if the Secretary determines that the site is the best available site on the farm for the purposes of protecting groundwater quality or surface water quality; and
        2. siting of a waste storage facility within 200 feet of a surface water or private well if the site is the best available site on the farm for the purposes of protecting groundwater quality or surface water quality and the waste storage facility is designed by a licensed engineer to meet the requirements of section 4815 of this title.
    2. Require the construction and management of barnyards, waste management systems, animal holding areas, and production areas in a manner to prevent runoff of waste to a surface water, to groundwater, or across property boundaries.
    3. Establish standards for nutrient management on farms, including:
      1. required nutrient management planning on all farms that manage agricultural wastes; and
      2. recommended practices for improving and maintaining soil quality and healthy soils in order to increase the capacity of soil to retain water, improve flood resiliency, reduce sedimentation, reduce reliance on fertilizers and pesticides, and prevent agricultural stormwater runoff.
    4. Require cropland on the farm to be cultivated in a manner that results in an average soil loss of less than or equal to the soil loss tolerance for the prevalent soil, known as 1T, as calculated through application of the Revised Universal Soil Loss Equation, or through the application of similarly accepted models.
      1. Require a farm to comply with standards established by the Secretary for maintaining a vegetative buffer zone of perennial vegetation between annual croplands and the top of the bank of an adjoining water of the State. At a minimum the vegetative buffer standards established by the Secretary shall prohibit the application of manure on the farm within 25 feet of the top of the bank of an adjoining water of the State or within 10 feet of a ditch that is not a surface water under State law and that is not a water of the United States under federal law. (6) (A) Require a farm to comply with standards established by the Secretary for maintaining a vegetative buffer zone of perennial vegetation between annual croplands and the top of the bank of an adjoining water of the State. At a minimum the vegetative buffer standards established by the Secretary shall prohibit the application of manure on the farm within 25 feet of the top of the bank of an adjoining water of the State or within 10 feet of a ditch that is not a surface water under State law and that is not a water of the United States under federal law.
      2. Establish standards for site-specific vegetative buffers that adequately address water quality needs based on consideration of soil type, slope, crop type, proximity to water, and other relevant factors.
    5. [Repealed.]
    6. Regulate, in a manner consistent with the Agency of Natural Resources' flood hazard area and river corridor rules, the construction or siting of a farm structure or the storage of manure, fertilizer, or pesticides within a river corridor designated by the Secretary of Natural Resources.
    7. Establish standards for the exclusion of livestock from the waters of the State to prevent erosion and adverse water quality impacts.
    8. Establish standards for soil conservation practices such as cover cropping.
    9. Allow for alternative techniques or practices, approved by the Secretary, for compliance by an owner or operator of a farm when the owner or operator cannot comply with the requirements of the required agricultural practices due to site-specific conditions. Approved alternative techniques or practices shall meet State requirements to reduce adverse impacts to water quality.
  2. The Secretary of Agriculture, Food and Markets shall maintain the required agricultural practices in order to include requirements for reducing nutrient contribution to waters of the State from subsurface tile drainage. Upon adoption of requirements for subsurface tile drainage, the Secretary may require an existing subsurface tile drain to comply with the requirements of the RAPs for subsurface tile drainage upon a determination that compliance is necessary to reduce adverse impacts to water quality from the subsurface tile drain.
  3. The Secretary shall amend the required agricultural practices to include requirements for activities occurring in areas that are excluded from regulation by the Agency of Natural Resources under 10 V.S.A. § 902 because the area is used to grow food or crops in connection with farming activities.

    Added 2015, No. 64 , § 4; amended 2015, No. 105 (Adj. Sess.), § 1, eff. May 12, 2016; 2017, No. 113 (Adj. Sess.), § 36; 2019, No. 64 , § 6.

History

Amendments--2019. Subsec. (a): Substituted "The" for "On or before September 15, 2016, the" preceding "Secretary of Agriculture, Food and Markets", substituted "maintain" for "file under 3 V.S.A. § 841 a final proposal of a rule amending" in the first sentence, and deleted "amendments to the" in the second sentence.

Subsec. (b): Substituted "The" for "On or before January 15, 2018, the" preceding "Secretary of Agriculture, Food and Markets", and substituted "maintain" for "amend by rule" in the first sentence.

Subsec. (c): Added.

Amendments--2017 (Adj. Sess.). Subdiv. (a)(2)(C): Added "one or more of the following".

Subdiv. (a)(2)(C)(i): Added "and" following "surface water quality".

Amendments--2015 (Adj. Sess.). Section amended generally.

§ 4811. Powers of Secretary.

The Secretary of Agriculture, Food and Markets in furtherance of the purposes of this chapter may:

  1. Make, adopt, revise, and amend reasonable rules that define practices described in section 4810 of this title as well as other rules deemed necessary to carry out the provisions of this chapter.
  2. Appoint assistants, subject to applicable laws, to perform or assist in the performance of any duties or functions of the Secretary under this chapter.
  3. Enter any lands, public or private, and review and copy any land management records as may be necessary to carry out the provisions of this chapter.
  4. Sign memorandums of understanding between agencies when the Secretary of Agriculture, Food and Markets agrees it is necessary for the success of the program.
  5. Solicit and receive federal or private funds.
  6. Cooperate fully with the federal government or other agencies in the operation of any joint federal-state programs concerning the regulation of agricultural non-point source pollution.
  7. Establish programs to improve agricultural water quality.
  8. Provide grants or contracts from agricultural water quality programs established under this chapter, or by the Secretary of Agriculture, Food and Markets for the purpose of providing technical and financial assistance in preventing agricultural pollution from entering groundwater and waters of the State, provided that the Secretary shall only use capital funding available to the Agency for water quality programs or projects that are eligible for capital assistance.

    Added 1991, No. 261 (Adj. Sess.), § 4; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 64 , § 7.

History

Amendments--2019. Subdiv. (1): Substituted "that" for "which" following "amend reasonable rules".

Subdivs. (7) and (8): Added.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first sentence and "secretary of agriculture, food and markets" for "commissioner" in the section catchline and subdivs. (2) and (4).

§ 4812. Repealed. 2015, No. 64, § 18.

History

Former § 4812. Former § 4812, relating to corrective actions, was derived from 1991, No. 261 (Adj. Sess.), § 4 and amended by 1993, No. 232 (Adj. Sess.), § 38; 2003, No. 42 , § 2; 2005, No. 78 , § 2; 2007, No. 38 , § 14 and 2013, No. 159 (Adj. Sess.), § 14.

§ 4813. Basin management; appeals to the Environmental Division.

  1. The Secretary of Agriculture, Food and Markets shall cooperate with the Secretary of Natural Resources in the basin planning process with regard to the agricultural non-point source waste component of each basin plan. Any person with an interest in the agricultural non-point source component of the basin planning process may petition the Secretary of Agriculture, Food and Markets to require, and the Secretary may require, best management practices in the individual basin beyond required agricultural practices adopted by rule, in order to achieve compliance with the water quality goals in 10 V.S.A. § 1250 and any duly adopted basin plan. The Secretary of Agriculture, Food and Markets shall hold a public hearing within 60 days and shall issue a timely written decision that sets forth the facts and reasons supporting the decision.
  2. Any person engaged in farming that has been required by the Secretary of Agriculture, Food and Markets to implement best management practices or any person who has petitioned the Secretary of Agriculture, Food and Markets under subsection (a) of this section may appeal the Secretary of Agriculture, Food and Markets' decision to the Environmental Division de novo.
  3. When requiring implementation of a best management practice, the Secretary shall inform a farmer of the resources available to assist the farmer in implementing the best management practice and complying with the requirements of this chapter.

    Added 1991, No. 261 (Adj. Sess.), § 4; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 78 , § 3, eff. June 24, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2015, No. 64 , § 14.

History

Amendments--2015. Section heading: Substituted "Environmental Division" for "Water Resources Board" in the section heading.

Subsec. (a): Substituted "required" for "accepted" preceding "agricultural practices adopted by rule" near the middle of the second sentence.

Subsec. (c): Amended generally.

Amendments--2009 (Adj. Sess.) Subsec. (b): Substituted "environmental division" for "environmental court" preceding "de novo".

Amendments--2005 Subsec. (b): Substituted "environmental court" for "water resources board" preceding "de novo".

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subsec. (a) and "secretary of agriculture" for "commissioner" throughout.

§ 4814. Education and technical assistance.

The Secretary of Agriculture, Food and Markets may:

  1. Develop educational programs dealing with agricultural non-point source reduction, with the assistance of other organizations, utilizing various types of media, group meetings, tours, on-farm demonstrations and one-on-one farm visits.
  2. Provide technical assistance, or contract for services to provide technical assistance, to qualified persons engaged in farming for reducing agricultural non-point source pollution.

    Added 1991, No. 261 (Adj. Sess.), § 4; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the introductory sentence.

§ 4815. Waste storage facility.

  1. No person shall construct a new waste storage facility or expand or modify a waste storage facility in existence on July 1, 2006 unless the facility meets the standard established for such facilities by the Natural Resources Conservation Service of the U.S. Department of Agriculture or an equivalent standard. If an equivalent design standard is used, the design and construction shall be certified by the Secretary of Agriculture, Food and Markets or a licensed professional engineer operating within the scope of his or her expertise.
  2. The Secretary may require the owner or operator of a waste storage facility in existence on July 1, 2006, to modify the facility to meet the standard set forth in subsection (a) of this section if the facility poses a threat to human health or environment as established by a violation of the State groundwater protection standards. If the Secretary determines that a facility that meets the standard set forth in subsection (a) of this section poses a threat to human health or the environment, the Secretary may require the owner or operator of the facility to implement additional management measures. The costs of initial groundwater monitoring conducted to determine if a facility poses a threat to human health or the environment shall be paid by the Secretary. Within 21 days of a determination under this subsection that a facility poses a threat to human health or the environment, the Secretary of Agriculture, Food and Markets shall notify the Department of Health and the Secretary of Natural Resources of the location of the facility and the name of its owner or operator.
  3. As used in this section, "waste storage facility" means an impoundment made for the purpose of storing agricultural waste by constructing an embankment, excavating a pit or dugout, fabricating an inground and aboveground structure, or any combination thereof.

    Added 2005, No. 78 , § 4, eff. June 24, 2005; amended 2015, No. 39 , § 1.

History

Amendments--2015. Subsec. (c): Substituted "As used in" for "For purposes of" and "inground and aboveground" for "in-ground or above-ground"; and deleted the last sentence.

§ 4816. Seasonal application of manure.

  1. Prohibition on application.  A person shall not apply manure to land in the State between December 15 and April 1 of any calendar year unless authorized by this section.
  2. Extension of prohibition.  The Secretary of Agriculture, Food and Markets shall amend the required agricultural practices by rule in order to establish a process under which the Secretary may prohibit the application of manure to land in the State between December 1 and December 15 and between April 1 and April 30 of any calendar year when the Secretary determines that due to weather conditions, soil conditions, or other limitations, application of manure to land would pose a significant potential of discharge or runoff to State waters.
  3. Seasonal exemption.  The Secretary of Agriculture, Food and Markets shall amend the required agricultural practices by rule in order to establish a process under which the Secretary may authorize an exemption to the prohibition on the application of manure to land in the State between December 15 and April 1 of any calendar year or during any period established under subsection (b) of this section when manure is prohibited from application. Any process established for the issuance of an exemption under the required agricultural practices may authorize land application of manure on a weekly, monthly, or seasonal basis or in authorized regions, areas, or fields in the State, provided that any exemption shall:
    1. prohibit application of manure:
      1. in areas with established channels of concentrated stormwater runoff to surface waters, including ditches and ravines;
      2. in nonharvested permanent vegetative buffers;
      3. in a nonfarmed wetland, as that term is defined in 10 V.S.A. § 902(5) ;
      4. within 50 feet of a potable water supply, as that term is defined in 10 V.S.A. § 1972(6) ;
      5. to fields exceeding tolerable soil loss; and
      6. to saturated soils;
    2. establish requirements for the application of manure when frozen or snow-covered soils prevent effective incorporation at the time of application;
    3. require manure to be applied according to a nutrient management plan; and
    4. establish the maximum tons of manure that may be applied per acre during any one application.

      Added 2013, No. 159 (Adj. Sess.), § 15.

History

2015. In subsecs. (b) and (c), substituted "required agricultural practices" for "accepted agricultural practices" in accordance with 2015, No. 64 , § 13.

§ 4817. Management of non-sewage waste.

  1. As used in this section:
    1. "Non-sewage waste" means any waste other than sewage that may contain organisms pathogenic to human beings but does not mean stormwater runoff.
    2. "Sewage" means waste containing human fecal coliform and other potential pathogenic organisms from sanitary waste and used water from any building, including carriage water and shower and wash water. "Sewage" shall not mean stormwater runoff as that term is defined in 10 V.S.A. § 1264 .
  2. The Secretary may require a person transporting or arranging for the transport of non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to report to the Secretary one or more of the following:
    1. the composition of the material transported, including the source of the material; and
    2. the volume of the material transported.
  3. After receipt of a report required under subsection (a), the Secretary may prohibit the import of non-sewage waste onto a farm upon a determination that the import of the material would violate the nutrient management plan for the farm or otherwise present a threat to water quality.

    Added 2019, No. 129 (Adj. Sess.), § 16.

Subchapter 3. Water Quality; Financial and Technical Assistance

History

Amendments--2003 (Adj. Sess.). Renumbered former subchapter 2 as present subchapter 3, and added "Water Quality;" in the subchapter heading.

§ 4820. Definitions.

As used in this subchapter:

  1. "RAPs" means "required agricultural practices" as defined by the Secretary of Agriculture, Food and Markets pursuant to subchapter 1 of this chapter.
  2. "Secretary" means the Secretary of Agriculture, Food and Markets.
  3. "Agency" means the Agency of Agriculture, Food and Markets.
  4. "FSA" means the "Farm Service Agency," formerly named the "Agricultural Stabilization and Conservation Service," of the U.S. Department of Agriculture.
  5. "NRCS" means the "Natural Resources Conservation Service," formerly named the "Soil Conservation Service," of the U.S. Department of Agriculture.
  6. [Repealed.]

    Added 1995, No. 62 , § 37, eff. April 26, 1995; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 39 , § 2; 2019, No. 64 , § 8.

History

2015. In subdiv. (1), substituted "required agricultural practices" for "accepted agricultural practices" in accordance with 2015, No. 64 , § 13.

Amendments--2019. Subdiv. (6): Repealed.

Amendments--2015. Subdiv. (6) added.

Amendments--2003. Substituted "secretary" for "commissioner", "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets", "agency" for "department", and "agency of agriculture, food and markets" for "department of agriculture, food and markets".

§ 4821. Assistance program created; administration.

  1. Program created.  A program is created to provide State financial assistance to Vermont farmers in support of their voluntary construction of on-farm improvements and maintenance of acceptable operating standards designed to abate nonpoint source agricultural waste discharges into the waters of the State of Vermont, consistent with goals of the federal Water Pollution Control Act and with State water quality standards. The program shall be conducted in a manner which makes maximum use of federal financial aid for the same purpose, as provided by this subchapter, and which seeks to use the least costly methods available to accomplish the abatement required. The construction of temporary fencing intended to exclude livestock from entering surface waters of the State shall be an on-farm improvement eligible for assistance under this subchapter when subject to a maintenance agreement entered into with the Agency of Agriculture, Food and Markets.
  2. Program administration.  The Secretary:
    1. Shall administer the State assistance program, for which purpose the Secretary shall coordinate with officials of the U.S. Department of Agriculture or other federal agencies, and shall adopt rules pursuant to 3 V.S.A. chapter 25 concerning farmer application and eligibility requirements, financial assistance award priorities, and other administrative and enforcement conditions.
    2. May provide technical assistance to individual farmers with the preparation of on-farm agricultural waste management plans, applications for State and federal financial assistance awards, installation of on-farm improvements, and maintenance of acceptable operating standards during the term of the program grant agreement. For this purpose, State employees of the Agency shall cooperate with federal employees of the U.S. Department of Agriculture or other federal agencies.

      Added 1995, No. 62 , § 37, eff. April 26, 1995; amended 1999, No. 100 (Adj. Sess.), § 3, eff. May 5, 2000; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 110 (Adj. Sess.), § 9, eff. May 18, 2010; 2015, No. 39 , § 3.

History

Reference in text. The federal Water Pollution Control Act, referred to in subsec. (a), is classified principally to 33 U.S.C. § 1251 et seq.

Amendments--2015. Subdiv. (b)(2): Struck "life of state assistance award contract" and replaced with "term of the program grant agreement".

Amendments--2009 (Adj. Sess.) Subsec. (a): Added the last sentence.

Amendments--2003. Substituted "secretary" for "commissioner" in subsec. (b) and "agency" for "department" in subdiv. (b)(2).

Amendments--1999 (Adj. Sess.). Subsec. (a): Inserted "and maintenance of acceptable operating standards" following "on-farm improvements" in the first sentence.

§ 4822. Eligibility for State assistance.

Vermont farmers shall be eligible to receive available State financial assistance with the installation of on-farm improvements designed to control agricultural nonpoint source waste discharges, provided that:

  1. for farmers who also seek federal financial assistance for this purpose, the improvements:
    1. are eligible for federal assistance through programs of the U.S. Department of Agriculture; and
    2. are consistent with a "nutrient management plan" prepared by the Vermont field office of the NRCS, or with an animal waste management plan based on standards equivalent to those of the NRCS; or
  2. for farmers who decline to seek or accept federal financial assistance for this purpose, the improvements:
    1. are determined by the Secretary to be equivalent to those eligible for federal assistance through programs of the U.S. Department of Agriculture; and
    2. are consistent with an animal waste management plan based on standards determined by the Secretary to be equivalent to those of the NRCS; and
  3. improvements will be constructed on a farm that is in good standing with the Secretary at the time of the award on all grant agreements, contract awards, or enforcement proceedings.

    Added 1995, No. 62 , § 37, eff. April 26, 1995; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 39 , § 4.

History

Amendments--2015. Subdiv. (3): Added.

Amendments--2003. Substituted "secretary" for "commissioner" in subdiv. (2)(A).

§ 4823. Priorities; State financial assistance awards.

  1. Priorities.  State financial assistance available under this subchapter shall in each fiscal year be allocated according to the following priorities, except as provided by subsection (b) of this section, and as further defined by rule by the Secretary:
    1. First priority shall be given to proposed improvements on individual farms which do not meet RAPs because of physical constraints of a farm site, which are located, in descending order: within the boundaries of the Lake Champlain Basin, the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River Basin as these boundaries are defined by the State Water Quality Plan prepared by the Agency of Natural Resources.
    2. Next priority shall be given to proposed improvements on all other individual farms which are located, in descending order, within the boundaries of the Lake Champlain Basin, the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River Basin.
  2. Exceptions.  The Secretary may award financial assistance under this subchapter for improvements on a farm which otherwise would not receive assistance under the priorities established by this section, when the Secretary determines a severe condition of nonpoint source waste discharge exists which requires immediate abatement.

    Added 1995, No. 62 , § 37, eff. April 26, amended 1995; 1997, No. 148 (Adj. Sess.), § 67, eff. April 29, 1998; 2003, No. 42 , § 2, eff. May 27, 2003.

History

2015. In subdiv. (a)(1), substituted "RAPs" for "AAPs" in accordance with 2015, No. 64 , § 13.

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appears throughout the section.

Amendments--1997 (Adj. Sess.). Subsec. (a): Deleted subdivs. (2) and (4) relating to proposed improvements on individual farms located outside the boundaries of the Lake Champlain Basin or the Lake Memphremagog Basin, redesignating subdiv. (3) as (2); in subdiv. (2) substituted "Next" for "Third"; and in both subdivs. (1) and (2) added "in descending order" and "the Connecticut River Basin, or the Hudson River Basin", making related stylistic changes.

§ 4824. State financial assistance awards.

  1. State grant.  State financial assistance awarded under this subchapter shall be in the form of a grant. When a State grant is intended to match federal financial assistance for the same on-farm improvement project, the State grant shall be awarded only when the federal financial assistance has also been approved or awarded. An applicant for a State grant shall pay at least 10 percent of the total eligible project cost. The dollar amount of a State grant shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a State grant shall not exceed 90 percent of the total eligible project cost.
  2. Grant terms.  A State grant awarded to an applicant under this subchapter shall be awarded in accordance with a State grant containing terms substantially the same as those required for receipt of a federal award for the same purpose from the U.S. Department of Agriculture, except as provided by the Secretary by rule.

    Added 1995, No. 62 , § 37, eff. April 26, 1995; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2007, No. 112 (Adj. Sess.), § 3, eff. May 3, 2008; 2011, No. 104 (Adj. Sess.), § 28b, eff. May 7, 2012; 2015, No. 39 , § 5.

History

Amendments--2015. Subsec. (b): Deleted "Farmer contract" at the beginning of the subsec.; substituted "grant" for "contract" following "State" and deleted "contract" following "containing".

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "10 percent" for "15 percent" and "90 percent" for "80 percent" in the last sentence.

Amendments--2007 (Adj. Sess.) Subsec. (a): Substituted "or awarded" for "for awarded" following "approved" in the second sentence, and "80 percent" for "50 percent" in the last sentence.

Amendments--2003 Subsec. (b): Substituted "secretary" for "commissioner" in the last sentence.

§ 4825. Reports.

Annually by January 15 of each year, the Secretary shall report to the General Assembly regarding activities in support of the objectives of this subchapter, including use of State, federal, and private funds:

  1. undertaken during the preceding fiscal year;
  2. in progress during the current fiscal year;
  3. projected for the following fiscal year; and
  4. remaining to be undertaken after the following fiscal year.

    Added 1995, No. 62 , § 37, eff. April 26, 1995; amended 2003, No. 42 , § 2, eff. May 27, 2003.

History

Amendments--2003 (Adj. Sess.). Substituted "secretary" for "commissioner" in the intro. para. preceding "shall report".

§ 4826. Cost assistance for waste storage facilities.

  1. The owner or operator of a farm required under section 4815 of this title to design, construct, or modify a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for cost assistance. Using State or federal funds, or both, a State assistance grant shall be awarded, subject to the availability of funds, to applicants. Such grants shall not exceed 90 percent of the cost of an adequately sized and designed waste storage facility and the equipment eligible for Natural Resources Conservation Service cost share assistance. Application for a State assistance grant shall be made in the manner prescribed by the Secretary.
  2. If the Secretary lacks adequate funds necessary for the cost assistance awards required by subsection (a) of this section, the Secretary shall appear before the Emergency Board, as soon as possible, and shall request that necessary funds be provided. If the Emergency Board fails to provide adequate funds, the design and construction requirements for waste storage facilities under subsection 4815(b) of this title and the RAPs for groundwater, as they relate to a waste storage facility, shall be suspended for a farm with a waste storage facility subject to the requirements of subsection 4815(b) of this title until adequate funding becomes available. Suspension of the design and construction requirements of subsection 4815(b) of this title does not relieve an owner or operator of a farm permitted under section 4858 or 4851 of this title from the remaining requirements of the owner's or operator's permit, including discharge standards, groundwater protection, nutrient management planning, and land application of manure. This subsection does not apply to farms permitted under 10 V.S.A. § 1263 .
  3. The owner or operator of a farm with a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for the costs of complying with the U.S. Department of Agriculture Natural Resources Conservation Service requirements for inspection of a waste storage facility. Such grants shall not exceed 90 percent of the cost of the inspection of the waste storage facility. Application for a State assistance grant shall be made in the manner prescribed by the Secretary.

    Added 2005, No. 78 , § 5, eff. June 24, 2005; amended 2011, No. 104 (Adj. Sess.), § 28c, May 7, 2012; 2015, No. 39 , § 6.

History

2015. In subsec. (b), substituted "RAPs" for "AAPs" in accordance with 2015, No. 64 , § 13.

Amendments--2015. Subsec. (a): Deleted the last sentence.

Subsec. (b): Inserted "or 4851" following 'under section 4858' in the second sentence; and deleted "or farms permitted under section 4851 of this title" from the end of the third sentence.

Subsec. (c): Added.

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "90 percent" for "85 percent" in the third sentence, and "This section shall apply" for "This section does not apply" in the last sentence.

§ 4827. Nutrient management planning; incentive grants.

  1. A farm developing or implementing a nutrient management plan under chapter 215 of this title or federal regulations may apply to the Secretary of Agriculture, Food and Markets for financial assistance. The financial assistance shall be in the form of incentive grants. Annually, after consultation with the Natural Resources Conservation Service of the U.S. Department of Agriculture, natural resources conservation districts, the University of Vermont Extension Service and others, the Secretary shall determine the average cost of developing and implementing a nutrient management plan in Vermont. The dollar amount of an incentive grant awarded under this section shall be equal to the average cost of developing a nutrient management plan as determined by the Secretary or the cost of complying with the nutrient management planning requirements of chapter 215 of this title or federal regulations, whichever is less.
  2. Application for a State assistance grant shall be made in a manner prescribed by the Secretary and shall include, at a minimum:
    1. an estimated cost of developing and implementing a nutrient management plan for the applicant;
    2. the amount of incentive grant requested; and
    3. a schedule for development and implementation of the nutrient management plan.
  3. The Secretary annually shall prepare a list of farms ranked, regardless of size, in priority order that have applied for an incentive grant under this section. The priority list shall be established according to factors that the Secretary determines are relevant to protect the quality of waters of the State, including:
    1. the proximity of a farm to a water listed as impaired for agricultural runoff, pathogens, phosphorus, or sediment by the Agency of Natural Resources;
    2. the proximity of a farm to an unimpaired water of the State;
    3. the proximity of a drinking water well to land where a farm applies manure; and
    4. the risk of discharge to waters of the State from the land application of manure by a farm.
  4. Assistance in accordance with this section shall be provided from State funds appropriated to the Agency of Agriculture, Food and Markets for integrated crop management.
  5. If the Secretary or the applicable U.S. Department of Agriculture conservation programs lack adequate funds necessary for the financial assistance required by subsection (a) of this section, the requirement to develop and implement a nutrient management plan under State statute or State regulation shall be suspended until adequate funding becomes available. Suspension of a State-required nutrient management plan does not relieve an owner or operator of a farm permitted under section 4858 or 4851 of this title of the remaining requirements of a State permit, including discharge standards, groundwater protection, and land application of manure. This subsection does not apply to farms permitted under 10 V.S.A. § 1263 .
  6. The Secretary may enter into grants with natural resources conservation districts, the University of Vermont Extension Service, and other persons and organizations to aid in the implementation of the incentive grants program under subsection (a) of this section and to assist farmers in the development and implementation of nutrient management plans.
  7. [Repealed.]

    Added 2005, No. 78 , § 6, eff. June 24, 2005; amended 2007, No. 197 (Adj. Sess.), § 2; 2013, No. 83 , § 11, eff. June 10, 2013; 2013, No. 159 (Adj. Sess.), § 9; 2015, No. 39 , § 7.

History

Amendments--2015. Subsec. (e): Inserted "or 4851" preceding "of this title" and deleted "or farms permitted under section 4851 of this title" at the end of the second sentence.

Subsec. (f): Substituted "enter into grants" for "contract" following "may".

Amendments--2013 (Adj. Sess.). Subsec. (e): Substituted "If the Secretary or the applicable U.S. Department of Agriculture conservation programs lack" for "If the Secretary lacks" at the beginning.

Amendments--2013. Subsec. (g): Repealed.

Amendments--2007 (Adj. Sess.). Subsec. (g): Added.

§ 4828. Capital equipment assistance program.

  1. It is the purpose of this section to provide assistance to purchase or use innovative equipment that will aid in the reduction of surface runoff of agricultural wastes to State waters, improve water quality of State waters, reduce odors from manure application, separate phosphorus from manure, decrease greenhouse gas emissions, and reduce costs to farmers.
  2. The capital equipment assistance program is created in the Agency of Agriculture, Food and Markets to provide State financial assistance for the purchase of new or innovative equipment to improve manure application, separation of phosphorus from manure, or nutrient management plan implementation.
  3. Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by the Secretary. Priority shall be given to capital equipment to be used on multiple farms; equipment to be used for phosphorus reduction, separation, or treatment; and projects managed by nonprofit organizations that are located in descending order within the boundaries of:

    the Lake Champlain Basin;

    the Lake Memphremagog Basin;

    the Connecticut River Basin; and

    the Hudson River Basin.

  4. Subsection (d) repealed effective July 1, 2023.  An applicant for a State grant under this section to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall pay 10 percent of the total eligible project cost. The dollar amount of a State grant to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and shall not exceed $300,000.00.

    Added 2007, No. 197 (Adj. Sess.), § 1; amended 2011, No. 104 (Adj. Sess.), § 28d, eff. May 7, 2012; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 39 , § 8; 2017, No. 77 , § 8; 2017, No. 77 , § 12, eff. July 1, 2023; 2019, No. 64 , § 9.

History

Amendments--2019. Subsec. (a): Deleted "contract applicators, nonprofit organizations, and farms to" following "provide assistance to".

Subsec. (b): Deleted "farms, nonprofit organizations, and custom applicators in Vermont with" following "Food and Markets to provide".

Subsec. (c): Amended generally.

Subsec. (d): Substituted "phosphorus reduction, separation, or treatment" for "phosphorus removal" in the first and second sentences.

Amendments--2017. Subsec. (a): Inserted "separate phosphorus from manure," following "application".

Subsec. (b): Inserted ", separation of phosphorus from manure," following "application".

Subdiv. (c)(1): Inserted ", phosphorus separation equipment providers," following "applicators".

Subdiv. (c)(2): Substituted "that" for "which" following "farm site".

Subsec. (d): Added.

Amendments--2015. Subsec. (c): Deleted "by rule" following "as further defined".

Amendments--2011 (Adj. Sess.) Subsecs. (a) and (b): Inserted "nonprofit organizations" and deleted "manure injection" preceding "equipment".

Subdiv. (c)(1): Inserted "and nonprofit organizations" following "by custom applicators".

Subsec. (d): Repealed by Act 139, § 51.

Repeal of subsec. (d). 2017, No. 77 , § 12, provides for the repeal of subsec. (d) on July 1, 2023.

§ 4829. Conservation Reserve Enhancement Program.

  1. The Conservation Reserve Enhancement Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State or federal financial assistance for the implementation of alternative nutrient reduction practices that improve soil quality, improve nutrient retention, and reduce agricultural waste discharges. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program:
    1. riparian forest buffers;
    2. grassed waterways;
    3. grassed filter strips; or
    4. other practices approved by the Secretary and administered through a memorandum of understanding with the Commodity Credit Corporation.
  2. Grant agreements entered into under this section shall at a minimum have a term of 15 years in duration and can include permanent easements.
    1. The Agency of Agriculture, Food and Markets shall use capital funding available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivisions (a)(1)-(3) of this section. (c) (1)  The Agency of Agriculture, Food and Markets shall use capital funding available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivisions (a)(1)-(3) of this section.
    2. The Agency shall use noncapital funds eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivision (a)(4) of this section.

      Added 2019, No. 64 , § 13.

§ 4830. Agricultural Environmental Management Program.

  1. The Agricultural Environmental Management Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State financial assistance to alternatively manage their farmstead, cropland, and pasture in a manner that will address identified water quality concerns that, traditionally, would have been wholly or partially addressed through federal, State, and landowner investments in BMP infrastructure, in agronomic practices, or both. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program:
    1. conservation easements;
    2. land acquisition;
    3. farm structure decommissioning;
    4. site reclamation; or
    5. issue a grant as an in-lieu payment not to exceed $200,000.00 as an alternative to the best management practice program implementation to otherwise address the same conservation issues for an equivalent or longer term.
  2. The Agency of Agriculture, Food and Markets shall use funds available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers, provided that the Agency may use capital funds to provide financial assistance for practices approved under subdivisions (a)(1)-(4) of this section if the practice is:
    1. performed in conjunction with a term agreement of not less than 15 years in duration or a permanent easement protecting the investment; and
    2. abating a water quality resource concern on a farm.
  3. The Agency may use capital funds to provide financial assistance for a practice approved under subdivision (a)(5) of this section only upon the approval of the State Treasurer.

    Added 2019, No. 64 , § 14.

§ 4831. Vermont Seeding and Filter Strip Program.

  1. The Secretary of Agriculture, Food and Markets is authorized to develop a Vermont critical source area seeding and filter strip program in addition to the federal Conservation Reserve Enhancement Program in order to compensate farmers for establishing and maintaining harvestable perennial vegetative grassed waterways and filter strips on agricultural cropland perpendicular and adjacent to the surface waters of the State, including ditches. Eligible acreage would include annually tilled cropland or a portion of cropland currently cropped as hay that will not be rotated into an annual crop for a 10-year period of time. Acreage that is currently managed as hay shall have a prior history of rotation as corn or other annual commodity crop.
  2. Incentive payments from the Agency of Agriculture, Food and Markets shall be made at the outset of a 10-year agreement to establish or maintain the acreage as harvestable grassed waterway or filter strip.
  3. The Secretary of Agriculture, Food and Markets may establish by procedure financial and technical criteria for the implementation and operation of the Vermont critical source area seeding and filter strip program.
  4. Land enrolled in the Vermont agricultural buffer program shall be considered to be in "active use" as that term is defined in 32 V.S.A. § 3752(15) .

    Added 2005, No. 147 (Adj. Sess.), § 55; amended 2009, No. 110 (Adj. Sess.), § 10; 2015, No. 39 , § 15; 2019, No. 129 (Adj. Sess.), § 12 (redesignated from 6 V.S.A. § 4900 ).

§ 4832. Farm Agronomic Practices Program.

  1. The Farm Agronomic Practices Assistance Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State financial assistance for the implementation of soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges. The following practices may be eligible for assistance to farms under the grant program:
    1. conservation crop rotation;
    2. cover cropping;
    3. strip cropping;
    4. cross-slope tillage;
    5. zone or no-tillage;
    6. pre-sidedress nitrate tests;
    7. annual maintenance of a nutrient management plan that is no longer receiving funding under a State or federal contract, provided the maximum assistance provided to a farmer under this subdivision shall be $2,000.00 per year;
    8. educational and instructional activities to inform the farmers and citizens of Vermont of:
      1. the impact on Vermont waters of agricultural waste discharges; and
      2. the federal and State requirements for controlling agricultural waste discharges;
    9. implementing alternative manure application techniques; and
    10. additional soil erosion reduction practices.
  2. Funding available under section 4827 of this title for nutrient management planning may be used to fund practices under this section.

    Added 2007, No. 112 (Adj. Sess.), § 1; amended 2009, No. 110 (Adj. Sess.), § 11; 2013, No. 83 , § 12; 2015, No. 39 , § 16; 2019, No. 129 (Adj. Sess.), § 12 (redesignated from 6 V.S.A. § 4951 ).

Subchapter 4. Regulation of Large Farm Operations

History

Amendments--2003 (Adj. Sess.). Renumbered former subchapter 3 as present subchapter 4 pursuant to 2003, No. 149 (Adj. Sess.) § 7.

Repeal of prospective repeal of subchapter. 1995, No. 163 (Adj. Sess.), § 18(a), eff. May 15, 1996, which provided for the repeal of sections 4850-4855 of this title, on July 1, 2000, was repealed by 1999, No. 100 (Adj. Sess.), § 4, eff. May 5, 2000.

§ 4849. Recycling animal waste nutrients.

In order to best use the nutrients of animal waste generated by farm operations, the Agency of Agriculture, Food and Markets together with the Department of Public Service shall use available resources to inform farm operations of appropriate methods and resources available to digest and compost their animal wastes, and to capture methane for beneficial uses.

Added 1997, No. 124 (Adj. Sess.), § 1, eff. April 21, 1998; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2015, No. 39 , § 9.

History

Amendments--2015. Deleted "large" preceding "farm".

Amendments--2003. Substituted "agency of agriculture, food and markets" for "department of agriculture, food and markets" preceding "together".

§ 4850. Definitions.

As used in this subchapter:

  1. "Domestic fowl" means laying-hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl.
  2. "Livestock" means cattle, mature cow/calf pairs, youngstock, heifers, bulls, swine, sheep, goats, horses, or any other number and type of domestic animal that the Secretary deems livestock.

    Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 2005, No. 78 , § 7, eff. June 24, 2005; 2015, No. 39 , § 10.

History

Amendments--2015. Introductory paragraph: Substituted "As used in" for "For purposes of" preceding "this".

Subdiv. (1): Deleted "and" preceding "turkeys" and inserted "or any other number or type of fowl that the Secretary deems domestic fowl" following "turkeys".

Subdiv. (2): Inserted "mature cow/calf pairs, youngstock, heifers, bulls" following "cattle"; substituted "goats" for "or" following "sheep" and inserted ", or any other number and type of domestic animal that the Secretary deems livestock" following "horses".

Amendments--2005 Deleted former subdiv. (1) and redesignated former subdivs. (2) and (3) as present subdivs. (1) and (2).

§ 4851. Permit requirements for large farm operations.

  1. No person shall, without a permit from the Secretary, construct a new barn, or expand an existing barn, designed to house more than 700 mature dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine weighing over 55 pounds, 10,000 swine weighing less than 55 pounds, 500 horses, 10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens or broilers with a liquid manure handling system, 82,000 laying hens without a liquid manure handling system, 125,000 chickens other than laying hens without a liquid manure handling system, 5,000 ducks with a liquid manure handling system, or 30,000 ducks without a liquid manure handling system. No permit shall be required to replace an existing barn in use for livestock or domestic fowl production at its existing capacity. The Secretary of Agriculture, Food and Markets, in consultation with the Secretary of Natural Resources, shall review any application for a permit under this section with regard to water quality impacts and, prior to approval of a permit under this subsection, shall issue a written determination regarding whether the applicant has established that there will be no unpermitted discharge to waters of the State pursuant to the federal regulations for concentrated animal feeding operations. If upon review of an application for a permit under this subsection, the Secretary of Agriculture, Food and Markets determines that the permit applicant may be discharging to waters of the State, the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall respond to the discharge in accordance with the memorandum of understanding regarding concentrated animal feeding operations under section 4810 of this title. The Secretary of Natural Resources may require a large farm to obtain a permit under 10 V.S.A. § 1263 pursuant to federal regulations for concentrated animal feeding operations.
  2. A person shall apply for a permit in order to operate a farm which exceeds 700 mature dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine weighing over 55 pounds, 10,000 swine weighing less than 55 pounds, 500 horses, 10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens or broilers with a liquid manure handling system, 82,000 laying hens without a liquid manure handling system, 125,000 chickens other than laying hens without a liquid manure handling system, 5,000 ducks with a liquid manure handling system, or 30,000 ducks if the livestock or domestic fowl are in a barn or adjacent barns owned by the same person, or if the barns share a common border or have a common waste disposal system. In order to receive this permit, the person shall demonstrate to the Secretary that the farm has an adequately sized manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with required agricultural practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards.
  3. The Secretary shall approve, condition, or disapprove the application within 45 business days of the date of receipt of a complete application for a permit under this section. Failure to act within the 45 business days shall be deemed approval.
  4. A person seeking a permit under this section shall apply in writing to the Secretary. The application shall include a description of the proposed barn or expansion of livestock or domestic fowl; a proposed nutrient management plan to accommodate the number of livestock or domestic fowl the barn is designed to house or the farm is intending to expand to; and a description of the manure management system to be used to accommodate agricultural wastes.
  5. The Secretary may condition or deny a permit on the basis of odor, noise, traffic, insects, flies, or other pests.
  6. Before granting a permit under this section, the Secretary shall make an affirmative finding that the animal wastes generated by the construction or expansion will be stored so as not to generate runoff from a 25-year, 24-hour storm event and shall be disposed of, in accordance with the required agricultural practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards.
  7. A farm that is permitted under this section and that withdraws more than 57,600 gallons of groundwater per day averaged over any 30 consecutive-day period shall annually report estimated water use to the Secretary of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall share information reported under this subsection with the Agency of Natural Resources.
  8. The Secretary may inspect a farm permitted under this section at any time, but no less frequently than once per year.
  9. A person required to obtain a permit under this section shall submit an annual operating fee of $2,500.00 to the Secretary. The fees collected under this section shall be deposited in the Agricultural Water Quality Special Fund under section 4803 of this title.

    Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 1997, No. 124 (Adj. Sess.), § 2, eff. April 21, 1998; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 149 (Adj. Sess.), § 5, eff. June 3, 2004; 2005, No. 78 , § 8, eff. June 24, 2005; 2007, No. 199 (Adj. Sess.), § 4, eff. June 9, 2008; 2015, No. 39 , § 11; 2015, No. 64 , § 6.

History

2015. In subsecs. (b) and (f), substituted "required agricultural practices" for "accepted agricultural practices" in accordance with 2015, No. 64 , § 13.

Amendments--2015. Subsec. (a): Substituted "section 4810" for "subsection 4810(b)" following "under".

Subsecs. (h), (i): Added.

Amendments--2007 (Adj. Sess.). Subsec. (g): Added.

Amendments--2005 Subsec. (a): Added the second through fourth sentences.

Subsec. (d): Substituted "livestock or domestic fowl" for "animal units" in the second sentence.

Amendments--2003 (Adj. Sess.). Subsec. (a) and (b): Amended generally.

Amendments--2003. Substituted "Secretary" for "Commissioner" wherever it appears throughout the section.

Amendments--1997 (Adj. Sess.). Subsec. (c): Substituted "condition" for "modify and approve with the applicant's consent", "45" for "30" in two places and "receipt of a complete" for "an".

Subsec. (d): Deleted the last sentence, authorizing conditions in the permit.

Subsec. (e): Amended generally.

§ 4852. Rules.

The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 concerning program administration, program enforcement, appeals and standards for waste management and waste storage, setbacks or siting criteria for new construction or expansion, groundwater contamination, odor, noise, traffic, insects, flies, and other pests in order to implement this subchapter. The siting criteria adopted by the Secretary by rule shall be consistent with the standards for the quality of State waters and standards for acceptable agricultural practices pursuant to subchapter 2 of this chapter. The groundwater contamination rules adopted by the Secretary shall include a process under which the agency shall receive, investigate, and respond to a complaint that a farm has contaminated the drinking water or groundwater of a property owner.

Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 1997, No. 124 (Adj. Sess.), § 3, eff. April 21, 1998; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 78 , § 9, eff. June 24, 2005.

History

Amendments--2005 Inserted "setbacks or siting criteria for new construction or expansion, groundwater contamination" and made a minor change in punctuation in the first sentence, rewrote the second sentence and added the third sentence.

Amendments--2003. Substituted "secretary" for "commissioner" preceding "may adopt".

Amendments--1997 (Adj. Sess.). Inserted "odor, noise, traffic, insects, flies and other pests" following "waste storage" in the first sentence.

§ 4853. Informational meeting.

  1. Upon receipt by the Secretary of a permit application for construction of a new barn under this subchapter, the Secretary shall establish an advisory group to assist in reviewing the application. The advisory group shall consist of, in addition to the Secretary, the Secretary of Natural Resources or his or her duly authorized representative, a farmer appointed by the governor, and a representative of the legislative body of the municipality in which the proposed facility would be located. Such representative shall be appointed by the legislative body but need not be a resident of the municipality. The Secretary may establish the advisory group pursuant to this subsection upon receipt of a permit application for expansion of an existing barn under this subchapter.
  2. The Secretary shall conduct an informational meeting in a municipality when there is a proposal to construct a new barn, within the municipality, that would require a permit under this subchapter.
  3. The Secretary may conduct an informational meeting in a municipality in which a barn expansion is sought, if the barn is already subject to permitting requirements under this subchapter.
  4. The Secretary shall upon request prepare in writing the response of the agency to matters raised during a meeting held pursuant to this section, or submitted to the Secretary in writing. Such response shall pertain to considerations required under this subchapter.

    Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 1999, No. 100 (Adj. Sess.), § 4c, eff. May 5, 2000; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 78 , § 10, eff. June 24, 2005.

History

Amendments--2005 Added new subsec. (a) and redesignated former subsecs. (a) through (c) as present subsecs. (b) through (d).

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appears throughout the section.

Subsec. (c): Substituted "agency" for "department" in the first sentence.

Amendments--1999 (Adj. Sess.). Subsec. (c): Added.

§ 4854. Repealed. 2015, No. 64, § 19.

History

Former § 4854. Former § 4854, relating to revocation; enforcement, was derived from 1995, No. 163 (Adj. Sess.), § 17 and amended by 1997, No. 124 (Adj. Sess.), § 4 and 2003, No. 42 , § 2.

§ 4855. Permit appeal.

A person seeking a permit who is aggrieved by a final decision of the Secretary may appeal de novo to the Environmental Division within 30 days of the final decision of the Secretary. The only parties to the appeal shall be the person seeking the permit and the Secretary.

Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court".

Amendments--2003. Substituted "secretary" for "commissioner" wherever it appeared throughout the section.

Subchapter 5. Regulation of Medium and Small Farm Operations

§ 4856. Repealed. 2015, No. 39, § 12.

History

Former § 4856. Former § 4856, relating to recycling animal waste nutrients, was derived from 2003, No. 149 (Adj. Sess.), § 8.

§ 4857. Definitions.

As used in this subchapter:

  1. "Animal feeding operation" (AFO) means a lot or facility where the livestock or domestic fowl have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, or forage growth are not sustained in the normal growing season over any portion of the lot or facility. Two or more individual farms qualifying as an AFO which are under common ownership and which adjoin each other or use a common area or system for the disposal of waste, shall be considered to be a single AFO if the combined number of livestock or domestic fowl resulting qualifies as a medium farm as defined in subdivision (2) of this section.
  2. "Medium farm" is an AFO which houses 200 to 699 mature dairy animals, 300 to 999 cattle or cow/calf pairs, 300 to 999 veal calves, 750 to 2,499 swine weighing over 55 pounds, 3,000 to 9,999 swine weighing less than 55 pounds, 150 to 499 horses, 3,000 to 9,999 sheep or lambs, 16,500 to 54,999 turkeys, 9,000 to 29,999 laying hens or broilers with a liquid manure handling system, 25,000 to 81,999 laying hens without a liquid manure handling system, 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system, 1,500 to 4,999 ducks with a liquid manure handling system or 10,000 to 29,999 ducks without a liquid manure handling system.
  3. "Small farm" is an AFO which houses no more than 199 mature dairy animals, 299 cattle or cow/calf pairs, 299 veal calves, 749 swine weighing over 55 pounds, 2,999 swine weighing less than 55 pounds, 149 horses, 2,999 sheep or lambs, 16,499 turkeys, 8,999 laying hens or broilers with a liquid manure handling system, 24,999 laying hens without a liquid manure handling system, 37,499 chickens other than laying hens without a liquid manure handling system, 1,499 ducks with a liquid manure handling system or 9,999 ducks without a liquid manure handling system.
  4. "Domestic fowl" means laying hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl.
  5. "Livestock" means cattle, swine, sheep, goats, and horses, or any other number and type of domestic animal that the Secretary deems livestock.

    Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2015, No. 39 , § 13.

History

Amendments--2015. Introductory language: Substituted "As used in" for "For purposes of" preceding "this".

Subdiv. (4): Deleted "and" preceding "turkeys" and inserted ", or any other number or type of fowl that the Secretary deems domestic fowl" following "turkeys".

Subdiv. (5): Inserted "goats" following "sheep" and inserted ", or any other number and type of domestic animal that the Secretary deems livestock" following "horses".

§ 4858. Medium farm operation permits.

  1. Authorization to operation.  No person shall operate a medium farm without authorization from the Secretary pursuant to this section. Under exceptional conditions, specified in subsection (d) of this section, authorization from the Secretary may be required to operate a small farm.
  2. Rules; general and individual permits.  The Secretary shall establish by rule, pursuant to 3 V.S.A. chapter 25, requirements for a "general permit" and "individual permit" to assure that medium and small farms generating animal waste comply with the water quality standards of the State.
    1. "General" and "individual" permits issued under this section shall be consistent with rules adopted under this section, shall include terms and conditions appropriate to each farm size category and each farm animal type as defined by section 4857 of this title and shall meet standards at least as stringent as those established by federal regulations for concentrated animal feeding operations. Such standards shall address waste management, waste storage, development of nutrient management plans, carcass disposal, and surface water and groundwater contamination, plus recordkeeping, reporting, and monitoring provisions regarding such matters to ensure that the terms and conditions of the permit are being met. The groundwater contamination rules adopted by the Secretary under this section shall include a process under which the Agency shall receive, investigate, and respond to a complaint that a farm has contaminated the drinking water or groundwater of a property owner.
    2. The rules adopted under this section shall also address permit administration, public notice and hearing, permit enforcement, permit transition, revocation, and appeals consistent with provisions of sections 4859 and 4861 of this title and subchapter 10 of this chapter.
    3. Each general permit issued pursuant to this section shall have a term of no more than five years. Prior to the expiration of each general permit, the Secretary shall review the terms and conditions of the general permit and may issue subsequent general permits with the same or different conditions as necessary to carry out the purposes of this subchapter. Each general permit shall include provisions that require public notice of the fact that a medium farm has sought coverage under a general permit adopted pursuant to this section. Each general permit shall provide a process by which interested persons can obtain detailed information about the nature and extent of the activity proposed to receive coverage under the general permit. The Secretary may inspect each farm seeking coverage under the general permit at any time, but no less frequently than once every three years.
    1. Medium farm general permit.  The owner or operator of a medium farm seeking coverage under a general permit adopted pursuant to this section shall certify to the Secretary within a period specified in the permit, and in a manner specified by the Secretary, that the medium farm does comply with permit requirements regarding an adequately sized and designed manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with required agricultural practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards. Any certification or notice of intent to comply submitted under this subdivision shall be kept on file at the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets, in consultation with the Secretary of Natural Resources, shall review any certification or notice of intent to comply submitted under this subdivision with regard to the water quality impacts of the medium farm for which the owner or operator is seeking coverage, and, within 18 months of receiving the certification or notice of intent to comply, shall verify whether the owner or operator of the medium farm has established that there will be no unpermitted discharge to waters of the State pursuant to the federal regulations for concentrated animal feeding operations. If upon review of a medium farm granted coverage under the general permit adopted pursuant to this subsection, the Secretary of Agriculture, Food and Markets determines that the permit applicant may be discharging to waters of the State, the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall respond to the discharge in accordance with the memorandum of understanding regarding concentrated animal feeding operations under section 4810 of this title. (c) (1)  Medium farm general permit.  The owner or operator of a medium farm seeking coverage under a general permit adopted pursuant to this section shall certify to the Secretary within a period specified in the permit, and in a manner specified by the Secretary, that the medium farm does comply with permit requirements regarding an adequately sized and designed manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with required agricultural practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards. Any certification or notice of intent to comply submitted under this subdivision shall be kept on file at the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets, in consultation with the Secretary of Natural Resources, shall review any certification or notice of intent to comply submitted under this subdivision with regard to the water quality impacts of the medium farm for which the owner or operator is seeking coverage, and, within 18 months of receiving the certification or notice of intent to comply, shall verify whether the owner or operator of the medium farm has established that there will be no unpermitted discharge to waters of the State pursuant to the federal regulations for concentrated animal feeding operations. If upon review of a medium farm granted coverage under the general permit adopted pursuant to this subsection, the Secretary of Agriculture, Food and Markets determines that the permit applicant may be discharging to waters of the State, the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall respond to the discharge in accordance with the memorandum of understanding regarding concentrated animal feeding operations under section 4810 of this title.
    2. The owner or operator of a small farm may seek coverage under the medium farm general permit adopted pursuant to this section by certifying to the Secretary, in a manner specified by the Secretary, that the small farm complies with the requirements and conditions of the medium farm general permit.
  3. Medium and small farms; individual permit.  The Secretary may require the owner or operator of a small or medium farm to obtain an individual permit to operate after review of the farm's history of compliance, application of required agricultural practices, the use of an experimental or alternative technology or method to meet a State performance standard, or other factors set forth by rule. The owner or operator of a small farm may apply to the Secretary for an individual permit to operate under this section. To receive an individual permit, an applicant shall in a manner prescribed by rule demonstrate that the farm has an adequately sized and designed manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with required agricultural practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards, including setback requirements for waste application. An individual permit shall be valid for no more than five years. Any application for an individual permit filed under this subsection shall be kept on file at the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets, in consultation with the Agency of Natural Resources, shall review any application for a permit under this subsection and, prior to issuance of an individual permit under this subsection, shall issue a written determination regarding whether the permit applicant has established that there will be no unpermitted discharge to waters of the State pursuant to federal regulations for concentrated animal feeding operations. If, upon review of an application for a permit under this subsection, the Secretary of Agriculture, Food and Markets that the permit applicant may be discharging to waters of the State, the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall respond to the discharge in accordance with the memorandum of understanding regarding concentrated animal feeding operations under subsection 4810(b) of this title. The Secretary of Natural Resources may require a medium or small farm to obtain a permit under 10 V.S.A. § 1263 pursuant to federal regulations for concentrated animal feeding operations. Coverage of a medium farm under a general permit adopted pursuant to this section or an individual permit issued to a medium or small farm under this section is rendered void by the issuance of a permit to a farm under 10 V.S.A. § 1263 .
  4. Operating fee.  A person required to obtain a permit or coverage under this section shall submit an annual operating fee of $1,500.00 to the Secretary. The fees collected under this section shall be deposited in the Agricultural Water Quality Special Fund under section 4803 of this title.

    Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2005, No. 78 , § 11, eff. June 24, 2005; 2015, No. 39 , § 14; 2015, No. 64 , § 7; 2017, No. 113 (Adj. Sess.), § 37.

History

2015. In subdiv. (c)(1) and subsec. (d), substituted "required agricultural practices" for "accepted agricultural practices" in accordance with 2015, No. 64 , § 13.

Amendments--2017 (Adj. Sess.). Subsec. (e): Added the subsection heading.

Amendments--2015. Catchline: Substituted "Medium farm operation permits" for "Animal waste permits".

Subsec. (a): Substituted "(d)" for "(e)" following "subsection".

Subsec. (b): Inserted "3 V.S.A." preceding "chapter"; deleted "of Title 3" following "25" and substituted "assure" for "ensure" preceding "that medium".

Subdiv. (b)(2): Deleted ", 4860" following "4859" and inserted "and subchapter 10 of this chapter" following "title".

Subdiv. (b)(3): Added the fifth sentence.

Subdiv. (c)(1): Act 39 inserted "and current U.S. Department of Agriculture nutrient management standards" following "chapter" at the end of the first sentence and, in the last sentence, substituted "section 4810" for "subsection 4810(b)" following "under".

Subsec. (d): Act 64 inserted "and current U.S. Department of Agriculture nutrient management standards" following "chapter" in the third sentence.

Subsec. (e): Added by Act 64.

Amendments--2005 Subdiv. (b)(1): Amended generally.

Subsec. (c): Designated the existing provisions of the subsec. as subdiv. (1) and in that subdiv., added the second through fourth sentences, and added subdiv. (2).

Subsec. (d): Amended generally.

§ 4859. Public notice and hearing.

The Secretary shall issue public notices and conduct public hearings regarding the issuance of general or individual permits under this subchapter consistent with the requirements set forth in 40 C.F.R. Part 124.

Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004.

§ 4860. Repealed. 2015, No. 64, § 20.

History

Former § 4860. Former § 4860, relating to revocation; enforcement, was derived from 2003, No. 149 (Adj. Sess.), § 8.

§ 4861. Appeal.

A person aggrieved by a permit decision of the Secretary under this subchapter may seek de novo review by the Environmental Division within 30 days of the decision of the Secretary. A person aggrieved by a final ruling of the Secretary on an application for coverage under a general permit adopted pursuant to this section may appeal to the Environmental Division; provided, however, that the appeal shall be limited in scope to whether the medium farm complies with the terms and conditions of the general permit. For purposes of this section, "a person aggrieved " means a person who alleges an injury to a particularized interest where the injury is attributable to an act or decision by the Secretary under this subchapter, and the injury can be redressed by the Environmental Division or the Supreme Court.

Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court".

Subchapter 5A. Small Farm Certification

§ 4871. Small farm certification.

  1. Small farm definition.  As used in this section, "small farm" means a parcel or parcels of land:
    1. on which 10 or more acres are used for farming;
    2. that house no more than the number of animals specified under section 4857 of this title; and
      1. that house at least the number of mature animals that the Secretary of Agriculture, Food and Markets designates by rule under the required agricultural practices; or (3) (A) that house at least the number of mature animals that the Secretary of Agriculture, Food and Markets designates by rule under the required agricultural practices; or
      2. that are used for the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of crops for sale.
  2. Required small farm certification.  Beginning on July 1, 2017, a person who owns or operates a small farm, as designated by the Secretary consistent with subdivision 4810a(a)(1) of this title, shall, on a form provided by the Secretary, certify compliance with the required agricultural practices. The Secretary of Agriculture, Food and Markets shall establish the requirements and manner of certification of compliance with the required agricultural practices, provided that the Secretary shall require an owner or operator of a farm to submit an annual certification of compliance with the required agricultural practices.
  3. Certification due to water quality threat.  The Secretary may require any person who owns or operates a farm to submit a small farm certification under this section if the person is not required to obtain a permit or submit a certification under this chapter and the Secretary determines that the farm poses a threat of discharge to a water of the State or presents a threat of contamination to groundwater. The Secretary may waive a small farm certification required under this subsection upon a determination that the farm no longer poses a threat of discharge to a water of the State or no longer presents a threat of contamination to groundwater.
  4. Rulemaking; small farm certification.  The Secretary of Agriculture, Food and Markets shall maintain by rule requirements for a small farm certification of compliance with the Required Agricultural Practices. The rules required by this subsection shall be adopted as part of the Required Agricultural Practices under section 4810 of this title.
  5. Small farm inspection.  The Secretary may inspect a small farm in the State at any time for the purposes of assessing compliance by the small farm with the required agricultural practices and determining consistency with a certification of compliance submitted by the person who owns or operates the small farm. The Secretary may prioritize inspections of small farms in the State based on identified water quality issues posed by a small farm. The Secretary shall adopt by rule, as part of the required agricultural practices, the required frequency of inspection of small farms.
  6. Notice of change of ownership or change of lease.  A person who owns or leases a small farm shall notify the Secretary of a change of ownership or change of lessee of a small farm within 30 days of the change. The notification shall include the certification of small farm compliance required under subsection (a) of this section.
    1. Identification; ranking of water quality needs.  During an inspection of a small farm under this section, the Secretary shall identify areas where the farm could benefit from capital, structural, or technical assistance in order to improve or come into compliance with the required agricultural practices and any applicable State water quality permit or certification required under this chapter. (g) (1)  Identification; ranking of water quality needs.  During an inspection of a small farm under this section, the Secretary shall identify areas where the farm could benefit from capital, structural, or technical assistance in order to improve or come into compliance with the required agricultural practices and any applicable State water quality permit or certification required under this chapter.
    2. Notwithstanding the priority system established under section 4823 of this title, the Secretary annually shall establish a priority ranking system for small farms according to the water quality benefit associated with the capital, structural, or technical improvements identified as needed by the Secretary during an inspection of the farm.
    3. Notwithstanding the priority system established by subdivision (2) of this subsection, the Secretary may provide financial assistance to a small farm at any time, regardless of the priority ranking system, if the Secretary determines that the farm needs assistance to address a water quality issue that requires immediate abatement.

      Added 2015, No. 64 , § 3; amended 2015, No. 105 (Adj. Sess.), § 2, eff. May 12, 2016; 2019, No. 129 (Adj. Sess.), § 14.

History

Amendments--2019 (Adj. Sess.). Subsec. (d): In the first sentence, substituted "The" for "On or before July 1, 2016, the" and substituted "maintain" for "adopt".

Amendments--2015 (Adj. Sess.). Subsec. (b): Inserted ", as designated by the Secretary consistent with subdiv. 4810a(a)(1) of this title," following "small farm" in the first sentence.

Subchapter 6. Vermont Critical Area Seeding and Filter Strip Program

§ 4900. Repealed. 2019, No. 129 (Adj. Sess.), § 13(1).

History

Former § 4900. Former § 4900, relating to the Vermont Seeding and Filter Strip Program, was derived from 2005, No. 147 (Adj. Sess.), § 55 and amended by 2009, No. 110 (Adj. Sess.), § 10; and 2015, No. 39 , § 15.

2020. The Vermont Seeding and Filter Strip Program was redesignated as 6 V.S.A. § 4831 by 2019, No. 129 (Adj. Sess.), § 12.

Subchapter 7. Farm Agronomic Practices Program

History

2008. Designated the section as Subchapter 7. Farm Agronomic Practices Program.

§ 4951. Repealed. 2019, No. 129 (Adj. Sess.), § 13(2).

History

Former § 4951. Former § 4951, relating to the Farm Agronomic Practices Program, was derived from 2007, No. 112 (Adj. Sess.), § 1 and amended by 2009, No. 110 (Adj. Sess.), § 11; 2013, No. 83 , § 12; and 2015, No. 39 , § 16.

2020. The Farm Argonomic Practices Program was redesignated as 6 V.S.A. § 4832 by 2019, No. 129 (Adj. Sess.), § 12.

Subchapter 7A. Regenerative Farming

§ 4961. Purpose.

The purposes of this subchapter are to:

  1. enhance the economic viability of farms in Vermont;
  2. improve the health and productivity of the soils of Vermont;
  3. encourage farmers to implement regenerative farming practices;
  4. reduce the amount of agricultural waste entering the waters of Vermont;
  5. enhance crop resilience to rainfall fluctuations and mitigate water damage to crops, land, and surrounding infrastructure;
  6. promote cost-effective farming practices;
  7. reinvigorate the rural economy; and
  8. help the next generation of Vermont farmers learn regenerative farming practices so that farming remains integral to the economy, landscape, and culture of Vermont.

    Added 2019, No. 64 , § 11.

§ 4962. Definitions.

As used in this subchapter:

  1. "Certified Vermont Environmental Steward" means an owner or operator of a farm who has achieved the thresholds for the Vermont Environmental Stewardship Program to be certified as a farm that improves soil health and contributes to improving water quality.
  2. "Regenerative farming" means a series of cropland management practices that:
    1. contributes to generating or building soils and soil fertility and health;
    2. increases water percolation, increases water retention, and increases the amount of clean water running off farms;
    3. increases biodiversity and ecosystem health and resiliency; and
    4. sequesters carbon in agricultural soils.

      Added 2019, No. 64 , § 11.

§ 4963. Regenerative farming; Vermont Environmental Stewardship Program.

  1. Establishment of Program.  There is created within the Agency of Agriculture, Food and Markets the Vermont Environmental Stewardship Program (VESP) to provide technical and financial assistance to Vermont farmers seeking to implement regenerative farming practices to achieve certification as a Certified Vermont Environmental Steward.
  2. Program standards; application.  The Secretary of Agriculture, Food and Markets shall establish by procedure standards for certification as a Certified Environmental Steward. Application for certification shall be made in the manner required by the Secretary of Agriculture, Food and Markets.
  3. Program services.  The VESP shall provide the following services to farmers voluntarily seeking to transition to achieve certification as a Certified Vermont Environmental Steward:
    1. information and education regarding the requirements for certification, including the method, timeline, and process of certification;
    2. technical assistance in completing any required application for certification;
    3. technical assistance in developing plans and implementing practices to achieve certification from the VESP; and
    4. technical assistance in complying with the requirements of the VESP after a farm is certified.
  4. Financial assistance; eligibility.  An owner or operator of a farm participating in the VESP shall be eligible for financial assistance from existing Agency of Agriculture, Food and Markets financial assistance programs for costs incurred in implementing any of the practices required for certification as a Certified Environmental Steward.
  5. Revocation of certification.  The Secretary may, after due notice and hearing, revoke a certification issued under this section when the owner or operator of a certified farm fails to comply with the standards for certification established under subsection (b) of this section.
  6. Administrative penalty; falsely advertising.  The Secretary may assess an administrative penalty of up to $1,000.00 against the owner or operator of a farm who knowingly advertises as a Certified Environmental Steward when not certified by the Secretary.

    Added 2019, No. 64 , § 11.

Subchapter 8. Agricultural Water Quality Training

§ 4981. Agricultural Water Quality Training.

  1. On or before July 1, 2016, as part of the revisions of the required agricultural practices, the Secretary of Agriculture, Food and Markets shall adopt by rule requirements for training classes or programs for owners or operators of small farms, medium farms, or large farms certified or permitted under this chapter regarding:
    1. the prevention of discharges, as that term is defined in 10 V.S.A. § 1251(3) ; and
    2. the mitigation and management of stormwater runoff, as that term is defined in 10 V.S.A. § 1264 , from farms.
  2. Any training required under this section shall address:
    1. the existing statutory and regulatory requirements for operation of a large, medium, or small farm in the State;
    2. the management practices and technical and financial resources available to assist in compliance with statutory or regulatory agricultural requirements;
    3. the land application of manure or nutrients, methods or techniques to minimize the runoff of land-applied manure or nutrients to waters of the State; and identification of weather or soil conditions that increase the risk of runoff of land-applied manure or nutrients to waters of the State; and
    4. standards required for nutrient management, including nutrient management planning.
  3. The Secretary shall include the training required by this section as a condition of a large farm permit, medium farm permit, or small farm certification required under this chapter. The Secretary may phase in training requirements under this section based on farm size, permit or certification category, or available staffing. On or before July 1, 2017, the Secretary shall establish a schedule by which all owners or operators of small farms, medium farms, or large farms shall complete the training required by this section.
  4. The Secretary may approve or authorize the training required by this section to be conducted by other entities, including the University of Vermont Extension Service and the natural resources conservation districts.
  5. The Secretary shall not charge the owner or operator of a large, medium, or small farm for the training required by this section. The Secretary shall pay for the training required under this section from funds available to the Agency of Agriculture, Food and Markets for water quality initiatives.

    Added 2015, No. 64 , § 15.

Subchapter 9. Certification of Custom Applicators of Manure or Nutrients

§ 4987. Definitions.

As used in this subchapter, "custom applicator" means a person who is engaged in the business of applying manure or nutrients to land and who charges or collects other consideration for the service. Custom applicator shall include full-time employees of a person engaged in the business of applying manure or nutrients to land, when the employees apply manure or nutrients to land. A certification fee of $30.00 will be charged annually to all persons meeting this definition.

Added 2015, No. 64 , § 16; amended 2015, No. 149 (Adj. Sess.), § 23.

History

Amendments--2015 (Adj. Sess.). Added the third sentence.

§ 4988. Certification of custom applicator.

  1. On or before July 1, 2016, as part of the revision of the Required Agricultural Practices, the Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a custom applicator shall be certified to operate within the State. The certification process shall require a custom applicator to complete eight hours of training over each five-year period regarding:
    1. application methods or techniques to minimize the runoff of land-applied manure or nutrients to waters of the State; and
    2. identification of weather or soil conditions that increase the risk of runoff of land-applied manure or nutrients to waters of the State.
  2. A custom applicator shall not apply manure or nutrients unless certified by the Secretary of Agriculture, Food and Markets.
  3. A custom applicator certified under this section shall train seasonal employees in methods or techniques to minimize runoff to surface waters and to identify weather or soil conditions that increase the risk of runoff. A custom applicator that trains a seasonal employee under this subsection shall be liable for damages done and liabilities incurred by a seasonal employee who improperly applies manure or nutrients.
  4. The requirements of this section shall not apply to:
    1. an owner or operator of a farm applying manure or nutrients to a field that he or she owns or controls; or
    2. application of manure or nutrients by a farm owner or operator on a field of another farm owner or operator when the total annual volume applied is less than 50 percent of the annual manure or agricultural waste by volume generated on the farm where the manure is spread, provided that the Secretary may approve the application of more than 50 percent of the annual manure generated on a farm by another farm operator when circumstances require and application of the manure would not pose a significant potential of discharge or runoff to State waters.
  5. The Secretary may require any person applying manure under subsection (d)(2) of this section to comply with the requirement for certification of a custom applicator.

    Added 2015, No. 64 , § 16; amended 2019, No. 129 (Adj. Sess.), § 15.

History

Amendments--2019 (Adj. Sess.). Subsec. (d): Added the subdiv. (d)(1) designation, substituted "; or" for ", provided that the owner or operator has completed the agricultural water quality training required under section 4981 of this title" at the end of subdiv. (d)(1), and added subdiv. (d)(2).

Subsec. (e): Added.

§ 4989. Certification of nutrient management plan technical service providers.

  1. The Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a nutrient management technical service provider shall be certified to operate within the State. The certification process shall require a nutrient management technical service provider to complete eight hours of training over each five-year period regarding:
    1. calculating manure and agricultural waste generation;
    2. taking soil and manure samples;
    3. identifying and creating maps of all natural resource features;
    4. use of erosion calculation tools;
    5. reconciling plans using records;
    6. use of nutrient index tools; and
    7. requirements within the Required Agricultural Practices, Medium Farm Operation rules and general permit, and Large Farm Operation rules.
  2. Beginning 45 days after the effective date of the rule adopted by the Secretary of Agriculture, Food and Markets under subsection (a) of this section to regulate nutrient management technical service providers, a nutrient management technical service provider shall not create a nutrient management plan for a farm unless certified by the Secretary of Agriculture, Food and Markets.

    Added 2017, No. 194 (Adj. Sess.), § 5a, eff. May 30, 2018; amended 2019, No. 64 , § 10.

History

Amendments--2019. Subsec. (a): Substituted "The" for "On or before July 1, 2019, the" at the beginning of the first sentence.

Subsec. (b): Amended generally.

Subchapter 10. Enforcement

§ 4991. Purpose.

The purpose of this subchapter is to provide the Secretary of Agriculture, Food and Markets with the necessary authority to enforce the agricultural water quality requirements of this chapter. When the Secretary of Agriculture, Food and Markets determines that a person subject to the requirements of the chapter is violating a requirement of this chapter, the Secretary shall respond to and require discontinuance of the violation. The Secretary may respond to a violation of the requirements of this chapter by:

  1. issuing a corrective action order under section 4992 of this title;
  2. issuing a cease and desist order under section 4993 of this title;
  3. issuing an emergency order under section 4993 of this title;
  4. revoking or conditioning coverage under a permit or certification under section 4994 of this title;
  5. bringing a civil enforcement action under section 4995 of this title;
  6. referring the violation to the Secretary of Natural Resources for enforcement under 10 V.S.A. chapter 201; or
  7. pursuing other action, such as consulting with a farmer, within the authority of the Secretary to assure discontinuance of the violation and remediation of any harm caused by the violation.

    Added 2015, No. 64 , § 17.

§ 4992. Corrective actions; administrative enforcement.

  1. When the Secretary of Agriculture, Food and Markets receives a complaint and determines that a farmer is in violation of the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter, the Secretary shall notify the farmer of the complaint, including the alleged violation. The Secretary shall not be required to identify the source of the complaint.
  2. When the Secretary of Agriculture, Food and Markets determines that a person is violating the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this subsection shall include:
    1. a description of the alleged violation;
    2. identification of this section;
    3. identification of the applicable statute, rule, or permit condition violated;
    4. the required corrective actions that the person shall take to correct the violation; and
    5. a summary of federal and State assistance programs that may be utilized by the person to assist in correcting the violation.
  3. A person issued a warning under this section shall have 30 days to respond to the written warning and shall provide an abatement schedule for curing the violation and a description of the corrective action to be taken to cure the violation.
  4. If a person who receives a warning under this subsection fails to respond in a timely manner to the written warning or to take corrective action, the Secretary may act pursuant to section 4993 or section 4995 of this section in order to protect water quality.

    Added 2015, No. 64 , § 17.

§ 4993. Administrative enforcement; cease and desist orders; emergency orders.

  1. Notwithstanding the requirements of section 4992 of this title, the Secretary at any time may pursue one or more of the following enforcement actions:
    1. Issue a cease and desist order in accordance with the requirements of subsection (b) of this section to a person the Secretary believes to be in violation of the requirements of this chapter.
    2. Issue emergency administrative orders to protect water quality when an alleged violation, activity, or farm practice:
      1. presents an immediate threat of substantial harm to the environment or immediate threat to the public health or welfare;
      2. is likely to result in an immediate threat of substantial harm to the environment or immediate threat to the public health or welfare; or
      3. requires a permit or amendment to a permit issued under this chapter and a farm owner or operator has commenced an activity or is continuing an activity without a permit or permit amendment.
    3. Institute appropriate proceedings on behalf of the Agency of Agriculture, Food and Markets to enforce the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter.
    4. Order mandatory corrective actions, including a requirement that the owner or operator of a farm sell or otherwise remove livestock from a farm or production area when the volume of waste produced by livestock on the farm exceeds the infrastructure capacity of the farm or the production area to manage the waste or waste leachate and prevent runoff or leaching of wastes to waters of the State or groundwater, as required by this chapter.
    5. Seek administrative or civil penalties in accordance with the requirements of section 15, 16, 17, or 4995 of this title. Notwithstanding the requirements of section 15 of this title to the contrary, the maximum administrative penalty issued by the Secretary under this section shall not exceed $5,000.00 for each violation, and the maximum amount of any administrative penalty assessed for separate and distinct violations of this chapter shall not exceed $50,000.00.
  2. A person may request that the Secretary hold a hearing on a cease and desist order or an emergency order issued under this section within five days of receipt of the order. Upon receipt of a request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order or emergency order issued under this section shall not stay the order.

    Added 2015, No. 64 , § 17.

§ 4994. Permit or certification; revocation; enforcement.

The Secretary may, after due notice and hearing, revoke or condition coverage under a general permit, an individual permit, a small farm certification, or other permit or certification issued under this chapter or rules adopted under this chapter when the person subject to the permit or certification fails to comply with a requirement of this chapter or any term, provision, or requirements of a permit or certification required by this chapter. The Secretary may also seek enforcement remedies and penalties under this subchapter against any person who fails to comply with any term, provision, or requirement of a permit or certification required by this chapter or who violates the terms or conditions of coverage under any general permit, any individual permit, or any certification issued under this chapter.

Added 2015, No. 64 , § 17.

§ 4995. Civil enforcement.

  1. The Secretary may bring an action in the Civil Division of the Superior Court to enforce the requirements of this chapter, or rules adopted under this chapter, or any permit or certification issued under this chapter, to assure compliance, and to obtain penalties in the amounts described in subsection (b) of this section. The action shall be brought by the Attorney General in the name of the State.
  2. The court may grant temporary and permanent injunctive relief, and may:
    1. Enjoin future activities.
    2. Order corrective actions to be taken to mitigate or curtail any violation and to protect human health or the environment, including a requirement that the owner or operator of a farm sell or otherwise remove livestock from the farm or production area when the volume of wastes produced by livestock exceeds the infrastructure capacity of the farm or its production area to manage the waste or waste leachate to prevent runoff or leaching of wastes to waters of the State or groundwater as required by the standards in this chapter.
    3. Order the design, construction, installation, operation, or maintenance of facilities designed to mitigate or prevent a violation of this chapter or to protect human health or the environment or designed to assure compliance.
    4. Fix and order compensation for any public or private property destroyed or damaged.
    5. Revoke coverage under any permit or certification issued under this chapter.
    6. Order reimbursement from any person who caused governmental expenditures for the investigation, abatement, mitigation, or removal of a hazard to human health or the environment.
    7. Levy a civil penalty as provided in this subdivision. A civil penalty of not more than $85,000.00 may be imposed for each violation. In addition, in the case of a continuing violation, a penalty of not more than $42,500.00 may be imposed for each day the violation continues. In fixing the amount of the penalty, the court shall apply the criteria set forth in subsections (e) and (f) of this section. The cost of collection of penalties or other monetary awards shall be assessed against and added to a penalty assessed against a respondent.
    1. In any civil action brought under this section in which a temporary restraining order or preliminary injunction is sought, relief shall be obtained upon a showing that there is the probability of success on the merits and that: (c) (1)  In any civil action brought under this section in which a temporary restraining order or preliminary injunction is sought, relief shall be obtained upon a showing that there is the probability of success on the merits and that:
      1. a violation exists; or
      2. a violation is imminent and substantial harm is likely to result.
    2. In a civil action brought under this section in which a temporary restraining order or preliminary injunction is sought, the Secretary need not demonstrate immediate and irreparable injury, loss, or damage.
  3. Any balancing of the equities in actions under this section may affect the time by which compliance shall be attained, but not the necessity of compliance within a reasonable period of time.
    1. In determining the amount of the penalty provided in subsection (b) of this section, the court shall consider the following: (e) (1)  In determining the amount of the penalty provided in subsection (b) of this section, the court shall consider the following:
      1. the degree of actual or potential impact on public health, safety, welfare, and the environment resulting from the violation;
      2. the presence of mitigating circumstances, including unreasonable delay by the Secretary in seeking enforcement;
      3. whether the respondent knew or had reason to know the violation existed;
      4. the respondent's record of compliance;
      5. the deterrent effect of the penalty;
      6. the State's actual costs of enforcement; and
      7. the length of time the violation has existed.
    2. In determining the amount of the penalty provided in subsection (b) of this section, the court may consider additional relevant factors.
  4. In addition to any penalty assessed under subsection (b) of this section, the Secretary may also recapture economic benefit resulting from a violation.

    Added 2015, No. 64 , § 17.

§ 4996. Appeals; enforcement.

  1. Any person subject, under this subchapter, to an administrative enforcement order, an administrative penalty, or revocation of a permit or certification who is aggrieved by a final decision of the Secretary may appeal to the Civil Division of Superior Court within 30 days of the decision. The Chief Superior judge may specially assign an Environmental judge to the Civil Division of Superior Court for the purpose of hearing an appeal.
  2. If the Secretary issues an emergency order under this chapter, the person subject to the order may request a hearing before the Civil Division of Superior Court. Notice of the request for hearing under this subdivision shall be filed with the Civil Division of Superior Court and the Secretary within five business days of receipt of the order. A hearing on the emergency order shall be held at the earliest possible time and shall take precedence over all other hearings. The hearing shall be held within five business days of receipt of the notice of the request for hearing. A request for hearing on an emergency order shall not stay the order. The Civil Division of the Superior Court shall issue a decision within five business days from the conclusion of the hearing, and no later than 30 days from the date the notice of request for hearing was received by the person subject to the order.
  3. The Civil Division of the Superior Court shall review appeals under this section on the record pursuant to Rule 74 of the Vermont Rules of Civil Procedure.

    Added 2015, No. 64 , § 17; amended 2017, No. 11 , § 2.

History

Amendments--2017. Subsec. (b): Inserted "business" preceding "days" throughout the subsec.

CHAPTER 216. FARMERS' MARKETS

Sec.

§ 5001. Definition.

In this chapter, "farmers' market" shall mean an event or series of events at which two or more vendors of agricultural products, as defined in 11 V.S.A. § 991 , gather for purposes of offering for sale to the public their agricultural products.

Added 2009, No. 109 (Adj. Sess.), § 1, eff. May 18, 2010.

§ 5002. Vermont Farmers' Market Association membership.

  1. Farmers' markets in this State that meet the minimum standards and best practices set forth in subsection (b) of this section may become members of the Vermont Farmers' Market Association.
  2. The Vermont Farmers' Market Association shall:
    1. develop minimum standards and best practices for the management and use of farmers' markets in this State and shall submit them to the Agency of Agriculture, Food and Markets for recommendations;
    2. extend memberships to farmers' markets that meet the standards and best practices established under subdivision (1) of this subsection; and
    3. prepare an annual report of its activities, including a financial statement, and make the report available to the Agency of Agriculture, Food and Markets and other interested parties no later than April 1 of each year.

      Added 2009, No. 109 (Adj. Sess.), § 1, eff. May 18, 2010.

CHAPTER 217. POLLINATOR-FRIENDLY SOLAR GENERATION STANDARD

Sec.

§ 5101. Definitions.

As used in this chapter:

  1. "Agency" means the Agency of Agriculture, Food and Markets.
  2. "Invasive species" means any species of vegetation that:
    1. is designated as a noxious weed on the Agency's Noxious Weed Rule under chapter 84 of this title;
    2. is listed on the Vermont Invasive Exotic Plant Committee Watch List;
    3. has been quarantined by the Agency as invasive; or
    4. has been determined to be invasive by the Agency of Natural Resources.
  3. "Native" refers to perennial vegetation that is native to Vermont. Native perennial vegetation does not include invasive species.
  4. "Naturalized" refers to perennial vegetation that is not native to Vermont, but is now considered to be well established and part of Vermont flora. Naturalized perennial vegetation does not include invasive species.
  5. "Owner" means a public or private entity that has a controlling interest in the solar site.
  6. "Perennial vegetation" means wildflowers, forbs, shrubs, sedges, rushes, and grasses that serve as habitat, forage, and migratory way stations for pollinators.
  7. "Pollinator" means bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes wild and managed insects.
  8. "Solar site" means a ground-mounted solar system for generating electricity and the area surrounding that system under the control of the owner.
  9. "Vegetation management plan" means a written document that includes short- and long-term site management practices that will provide and maintain native and naturalized perennial vegetation.

    Added 2017, No. 163 (Adj. Sess.), § 3.

§ 5102. Beneficial habitat standard.

  1. This section establishes a standard for owners that intend to claim that, through the voluntary planting and management of vegetation, a solar site provides greater benefits to pollinators and shrub-dependent birds than are provided by solar sites not so managed.
  2. In order for the solar site to meet the beneficial habitat standard and for the owner of a solar site to claim that the solar site is beneficial to those species or is pollinator-friendly, all the following shall apply:
    1. The owner adheres to guidance set forth by the Pollinator-Friendly Scorecard (Scorecard) published by the University of Vermont (UVM) Extension.
    2. The owner shall make the solar site's completed Scorecard available to the public and provide a copy of the completed Scorecard to the UVM Extension.
    3. If the site has a vegetation management plan:
      1. The plan shall maximize the use of native and naturalized perennial vegetation for foraging habitat beneficial to pollinators consistent with the solar site's Scorecard.
      2. The owner shall make the vegetation management plan available to the public and provide a copy of the plan to the UVM Extension.
    4. When establishing perennial vegetation and beneficial foraging habitat, the solar site shall use native and naturalized plant species and seed mixes whenever practicable.
  3. Nothing in this chapter affects any findings that must be made in order to issue a State permit or other approval for a solar site or the duty to comply with any conditions in such a permit or approval.

    Added 2017, No. 163 (Adj. Sess.), § 3.