§ 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.

§ 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.

§ 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.

§ 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.

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 Repealed. 2009, No. 33, § 83(c)(1).

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

1. There is created a special fund to be known as the Vermont Food Animal Veterinarian Educational Loan Repayment Fund that shall be used for the purpose of ensuring a stable and adequate supply of food 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 the Secretary of Agriculture, Food and Markets shall have the discretion to provide annual student loan repayment awards to licensed, qualified veterinarians who are significantly dedicated to treating food animals in the State. The Secretary may determine the level of service that qualifies as "significantly dedicated" to treating food animals, may establish additional eligibility requirements, and may create program requirements for all fund recipients. 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.
4. As used in this section, "food animal" means any animal that produces food for human consumption or is raised for human consumption, including cattle, sheep, swine, goats, poultry, bees, and any other species as determined by the Secretary of Agriculture, Food and Markets.

   Added 2009, No. 44 , § 21, eff. May 21, 2009; amended 2011, No. 52 , § 39, eff. May 27, 2011; 2021, No. 47 , § 4.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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, databases, and laboratory analyses conducted by the Agency. This information shall be available upon request to the public, provided that it is presented in a form that 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; 2021, No. 47 , § 9.

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

§ 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.).

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

§ 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.

§ 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.

§ 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.

§ 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.

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

§ 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.

§ 323. Definitions.

As used in this chapter:

1. "Dosage form animal health product" means any product intended to affect the structure or function of the animal's body or enhance or support the health or well-being of livestock, poultry, dogs, cats, or other domestic animals that does not provide nutritional benefit, does not require a prescription from a licensed veterinarian, is not intended for cosmetic purposes, or is exempted by the Secretary by rule. "Dosage form animal health product" shall not include a product regulated by the U.S. Food and Drug Administration as a drug.
2. "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed, feed supplement, dosage form animal health product, or a distributor or registrant and distinguishing it from that of others.
3. "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, that 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.
4. "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.
5. "Distribute" means to offer for sale, sell, exchange, or barter commercial feed, feed supplements, or dosage form animal health products or to supply, furnish, or otherwise provide commercial feed, feed supplements, or dosage form animal health products through any means, including sales outlets, catalogues, the telephone, the Internet, or any electronic means.
6. "Distributor" means any person who distributes commercial feeds, feed supplements, or dosage form animal health products.
7. "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.
8. "Feed ingredient" means each of the constituent materials making up a commercial feed.
9. "Feed supplement" means a material used with another to improve the nutritive balance or performance of the total and intended to be fed undiluted as a supplement to other feeds or offered free choice with other parts of the ration separately available or further diluted and mixed to produce a complete feed.
10. "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed, feed supplement, or dosage form animal health product is distributed, or on the invoice or delivery slip with which a commercial feed, feed supplement, or dosage form animal health product is distributed.
11. "Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed, feed supplement, or dosage form animal health product or any of its containers, or the wrapper accompanying the commercial feed, feed supplement, or dosage form animal health product or advertisements, brochures, posters, electronic media, the Internet, and television and radio announcements used in promoting the sale of the commercial feed, feed supplement, or dosage form animal health product.
12. "Manufacture" means to produce, grind, mix, or blend, or further process a commercial feed, feed supplement, or dosage form animal health product for distribution.
13. "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
14. "Official sample" means a sample of feed taken by the Secretary in accordance with the provisions of subdivision 330(3) of this title.
15. "Percent" or "percentages" means percentages by weights.
16. "Permitted analytical variances" means those allowances for the inherent variability in sampling and laboratory analysis.
17. "Pet" means any domesticated animal normally maintained in or near the household of the owner.
18. "Pet food" means any commercial feed prepared and distributed for consumption by pets.
19. "Product" means the name of the commercial feed, feed supplement, or dosage form animal health product that identifies it as to kind, class, or specific use.
20. "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank.
21. "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.
22. "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; 2021, No. 41 , § 9.

§ 324. Registration and fees.

1. No person shall manufacture or distribute a commercial feed, feed supplement, or dosage form animal health product in this State unless that person has first filed with the 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 or distributor;
   2. the manufacturer's or distributor's place of business;
   3. the location of each manufacturing or distribution 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, feed supplement, or dosage form animal health product 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 Secretary shall have the authority to determine whether a product subject to an application shall be registered as a commercial feed, feed supplement, or dosage form animal health product.
3. 1. The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00 per product. The registration fees, along with any surcharges collected under subsection (d) of this section, shall be deposited in the special fund created by subsection 364(f) 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. (c) (1)  The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00 per product. The registration fees, along with any surcharges collected under subsection (d) of this section, shall be deposited in the special fund created by subsection 364(f) 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.
   2. The application for registration of a dosage form animal health product shall be accompanied by a registration fee of $35.00 per product. The registration fees, along with any surcharges collected under subsection (d) of this section, shall be deposited in the special fund created by subsection 364(f) 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 items registered under this chapter. If the Secretary so requests, the application for registration shall be accompanied by a label or other printed matter describing the product.
4. No person shall distribute in this State any commercial feed, feed supplement, or dosage form animal health product 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 (c) 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.
5. 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; 2021, No. 41 , § 9.

§ 325. Labeling.

1. A commercial feed or feed supplement, 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 or feed supplement 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 or feed supplement in descending order;
   5. the name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed or feed supplement;
   6. adequate directions for use for all commercial feeds or feed supplements containing drugs and for other feeds as the Secretary may require by rule as necessary for their safe and effective use; and
   7. precautionary statements required to ensure the safe and effective use of the commercial feed or feed supplement.
2. A dosage form animal health product shall be accompanied by a label bearing the following information:
   1. the net weight or count;
   2. the product name and the brand name, if any, under which the dosage form animal health product is distributed;
   3. the established name of each active ingredient and the amount of active ingredient per serving in descending order;
   4. the established name of each inactive ingredient in alphabetical order or in descending order by predominance of the ingredient;
   5. the name, city, and town of the manufacturer or the person responsible for distributing the dosage form animal health product or an e-mail address for the manufacturer or distributor;
   6. adequate directions for use of the dosage form animal health product;
   7. precautionary statements and warnings required to ensure the safe and effective use of the dosage form animal health product; and
   8. structure-function claim stating the intended use of the dosage form animal health product.
3. 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 ensure 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.
4. 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; 2021, No. 41 , § 9.

§ 326. Misbranding.

A commercial feed, feed supplement, or dosage form animal health product 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, feed supplement, or dosage form animal health product;
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; amended 2021, No. 41 , § 9.

§ 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 that may render it injurious to human or animal 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, feed supplement, or dosage form animal health product 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. if use of the product may result in contamination of a raw agricultural product;
   4. 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 ensure 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 that it purports or is represented to possess; or
   5. 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; 2021, No. 41 , § 9.

§ 328. Repealed. 2021, No. 41, § 9.

§ 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, feed supplement, or dosage form animal health product 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, feed supplements, dosage form animal health products, or pet food products shall be packaged in containers that are labeled "not for human consumption";
   3. raw animal feed, feed supplements, dosage form animal health products, 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, feed supplements, dosage form animal health products, 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; 2021, No. 41 , § 9.

§ 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, feed supplements, or dosage form animal health products 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, feed ingredients, feed supplements, or dosage form animal health products.
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, feed supplement, or dosage form animal health product 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; 2021, No. 41 , § 9.

§ 331. Product deficiency; short weight.

1. No registrant may produce, package, distribute, or possess any commercial feed, feed supplement, or dosage form animal health product 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, feed supplement, or dosage form animal health product 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(f) 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; 2021, No. 41 , § 9.

§ 332. Detained commercial feeds, feed supplements, or dosage form animal health products.

1. Withdrawal from distribution orders.  When the Secretary has reasonable cause to believe any lot of commercial feed, feed supplement, or dosage form animal health product 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, feed supplement, or dosage form animal health product in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of commercial feed, feed supplement, or dosage animal health product 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, feed supplement, or dosage form animal health product 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, feed supplement, or dosage form animal health product to be in violation of this chapter and orders the condemnation of the commercial feed, feed supplement, or dosage form animal health product, it shall be disposed of in any manner consistent with the quality of the commercial feed, feed supplement, or dosage form animal health product and the laws of the State, provided that in no instance shall the disposition of the commercial feed, feed supplement, or dosage form animal health product be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed, feed supplement, or dosage form animal health product or for permission to process or relabel the commercial feed, feed supplement, or dosage form animal health product to bring it into compliance with this chapter.

   Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2021, No. 41 , § 9.

§ 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.

§ 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.

§ 335. Repealed. 2009, No. 33, § 83(c)(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, feed supplement, or dosage form animal health product without first obtaining the appropriate product registration.
2. Distributed a commercial feed, feed supplement, or dosage form animal health product 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 commercial feed, feed supplement, or dosage form animal health product that is adulterated as defined in section 327 of this chapter.

   Added 1999, No. 49 , § 106; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2021, No. 41 , § 9.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 358. Disposition of fines.

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

§ 361. Title.

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

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

§ 362. Enforcing official.

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

Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2021, No. 41 , § 10.

§ 363. Definitions.

As used in this chapter:

1. "Agricultural lime" or "agricultural liming material" or "lime" means:
   1. all products with calcium and magnesium compounds that are capable of neutralizing soil acidity and that 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 that contain calcium; calcium and magnesium; or calcium, magnesium, and potassium in forms that are capable of neutralizing soil acidity and that 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 or formulas of fertilizer, plant amendment, plant biostimulant, soil amendment, 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 a fertilizer, a plant amendment, a plant biostimulant, a soil amendment, or lime in this State. "Distribute" shall include online sales.
4. "Distributor" means any person who distributes fertilizer, plant amendments, plant biostimulants, soil amendments, or lime.
5. "Exceptional quality biosolid" means a product derived in whole or in part from domestic wastes that have been subjected to and meet the requirements of the following:
   1. a pathogen reduction process established in 40 C.F.R. § 503.32(a)(3), (4), (7), or (8);
   2. one of the vector attraction reduction standards established in 40 C.F.R. Part 503.33;
   3. the contaminant concentration limits in Vermont Solid Waste Rules § 6-1303(a)(1); and
   4. if derived from a composting process, Vermont Solid Waste Rules § 6-1303(a)(4).
6. "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 that 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.
7. "Formulation" means a material or mixture of materials prepared according to a particular formula.
8. "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 that is not preceded by a whole number shall be preceded by zero.
9. "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.
10. "Label" means the display of all written, printed, or graphic matter upon the immediate container or a statement accompanying a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.
11. "Labeling" means all written, printed, or graphic material upon or accompanying any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime, including advertisements, brochures, posters, and television and radio announcements used in promoting the sale of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.
12. "Official sample" means any sample of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime taken by the Secretary.
13. "Plant amendment" means any substance applied to plants or seeds that is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of plants, except for fertilizer, soil amendments, agricultural liming materials, animal and vegetable manures, pesticides, plant regulators, and other materials exempted by rule adopted under this chapter.
14. "Plant biostimulant" means a substance or microorganism that, when applied to seeds, plants, or the rhizosphere, stimulates natural processes to enhance or benefit nutrient uptake, nutrient efficiency, tolerance to abiotic stress, or crop quality and yield, except for fertilizers, soil amendments, plant amendments, or pesticides. The Secretary may modify the definition of "plant biostimulant" by rule or procedure in order to maintain consistency with U.S. Department of Agriculture requirements.
15. "Percent" or "percentage" means the percentage by weight.
16. "Primary nutrient" includes nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium.
17. "Product" means the name of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime that identifies it as to kind, class, or specific use.
18. "Registrant" means the person who registers a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime under the provisions of this chapter.
19. "Soil amendment" means a substance or mixture of substance that is intended to improve the physical, chemical, biological, or other characteristics of the soil, except fertilizers, agricultural liming materials, unprocessed animal manures, unprocessed vegetable manures, pesticides, plant biostimulants, and other materials exempted by rule. A compost product from a facility under the jurisdiction of the Agency of Natural Resources' Solid Waste Management Rules or exceptional quality biosolids shall not be regulated as a soil amendment under this chapter, unless marketed and distributed for the use in the production of an agricultural commodity.
20. "Ton" means a net weight of 2,000 pounds avoirdupois.
21. "Use" includes all purposes for which a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime is applied.
22. "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; 2021, No. 41 , § 10.

§ 364. Registration.

1. Each brand or grade or formula of fertilizer, plant amendment, plant biostimulant, or soil amendment 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 $85.00 per grade or formulation registered. 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 or formulation;
   2. the guaranteed analysis if applicable; and
   3. the name and address of the registrant.
2. A distributor shall not be required to register any fertilizer, plant amendment, plant biostimulant, or soil amendment that is already registered under this chapter by another person, provided there is no change in the label for the fertilizer, plant amendment, plant biostimulant, or soil amendment.
3. A distributor shall not be required to register each grade of fertilizer formulated or each formulation of soil amendment according to specifications that are furnished by a consumer prior to mixing but shall be required to label the fertilizer or soil amendment as provided in subsection 365(b) of this title.
4. The Secretary may request additional proof of testing of products prior to registration for guaranteed analyses or adulterants.
5. 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.
6. 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; 2021, No. 41 , § 10.

§ 365. Labels.

1. 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.
2. 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.
3. 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:
4. 1. Any plant amendment, plant biostimulant, or soil amendment 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: (d) (1)  Any plant amendment, plant biostimulant, or soil amendment 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 or volume;
      2. brand name;
      3. purpose of product;
      4. directions for application;
      5. guaranteed analysis; and
      6. name and address of the registrant.
   2. For bulk shipments of fertilizer, plant amendments, plant biostimulants, soil amendments, or lime, the information required under this subsection shall accompany delivery in written or printed form and shall be supplied to the purchaser at the time of delivery.
   3. Under a rule adopted under this subsection, 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; 2021, No. 41 , § 10.

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

§ 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. Persons distributing a plant amendment, plant biostimulant, or soil amendment in the State shall report annually on or before January 15 for the previous year ending December 31 to the Secretary revealing the amounts of each formulation of plant amendment, plant biostimulant, or soil amendment and the form in which the plant amendment, plant biostimulant, or soil amendment was distributed within this State. Each report shall include a written authorization allowing the Secretary to examine the person's books for the purpose of verifying tonnage reports. Plant amendments, plant biostimulants, and soil amendments are exempt from tonnage fees.
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.
7. 1. All fees collected under subdivisions (a)(1) and (2) of this section shall be deposited in the special fund created by subsection 364(f) 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(f) 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.
8. [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; 2021, No. 41 , § 10.

§ 367. Inspection; sampling; analysis.

For the purpose of enforcing this chapter and determining whether or not fertilizers, plant amendments, plant biostimulants, soil amendments, and lime 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, a plant amendment, a plant biostimulant, a soil amendment, 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, plant amendment, plant biostimulant, soil amendment, 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, plant amendments, plant biostimulants, soil amendments, and lime 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, plant amendments, plant biostimulants, soil amendments, and lime 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; 2021, No. 41 , § 10.

§ 368. Misbranding.

1. No person shall distribute a misbranded fertilizer, plant amendment, plant biostimulant, soil amendment, or agricultural lime. A fertilizer, plant amendment, plant biostimulant, or soil amendment 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, plant amendment, plant biostimulant, or soil amendment;
   3. it contains unsubstantiated claims;
   4. it is not labeled as required in section 365 of this title and in accordance with rules adopted under this chapter; or
   5. it is labeled, or represented, to contain a plant nutrient that does not conform to the standard of identity established by rule. In adopting rules under this chapter, 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; 2021, No. 41 , § 10.

§ 369. Adulteration.

No person shall distribute an adulterated lime, plant amendment, plant biostimulant, soil amendment, or fertilizer product. A fertilizer, plant amendment, plant biostimulant, soil amendment, 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 uses of the product may result in contamination or condemnation of a raw agricultural commodity by use, or if adequate warning statements or directions for use that 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 that 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; 2021, No. 41 , § 10.

§ 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer, plant amendments, plant biostimulants, and soil amendments.

1. The Secretary shall publish on an annual basis:
   1. information concerning the distribution of fertilizers, plant amendments, plant biostimulants, soil amendments, and limes; and
   2. results of analyses based on official samples of fertilizers, plant amendments, plant biostimulants, soil amendments, and lime distributed within the State as compared with guaranteed analyses required pursuant to the terms of this chapter.
2. 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. [Repealed.]

      Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 215 (Adj. Sess.), § 77d; 2021, No. 41 , § 10.

§ 371. Rules.

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; 2021, No. 41 , § 10.

§ 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(f) 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; 2021, No. 41 , § 10a.

§ 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.

§ 374. Short weight.

1. If any fertilizer, plant amendment, plant biostimulant, soil amendment, or agricultural liming material is found to be short in net weight, the registrant of the fertilizer, plant amendment, plant biostimulant, soil amendment, 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(f) 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; 2021, No. 41 , § 10.

§ 375. Cancellation of registration.

The Secretary is authorized to cancel or suspend the registration of any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime 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; 2021, No. 41 , § 10.

§ 376. Detained fertilizer and lime.

1. Withdrawal from distribution orders.  When the Secretary has reasonable cause to believe any lot of fertilizer, plant amendment, plant biostimulant, soil amendment, 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, plant amendment, plant biostimulant, soil amendment, or lime in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of fertilizer, plant amendment, plant biostimulant, soil amendment, 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, plant amendment, plant biostimulant, soil amendment, 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, plant amendment, plant biostimulant, soil amendment, or lime is located. In the event the court finds the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime to be in violation of this chapter and orders the condemnation of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime, it shall be disposed of in any manner consistent with the quality of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime and the laws of the State, provided that in no instance shall disposition of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime or for permission to process or relabel the fertilizer, plant amendment, plant biostimulant, soil amendment, 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; 2021, No. 41 , § 10.

§ 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.

§ 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.

§ 379. Exchanges between manufacturers.

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

Added 1985, No. 126 (Adj. Sess.), § 1; amended 2021, No. 41 , § 10.

§ 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, plant amendment, plant biostimulant, soil amendment, or lime without first obtaining the appropriate product registration;
2. distributed a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime 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 report or to accurately report the amount and form of each formulation of plant amendment, plant biostimulant, or soil amendment;
5. failed to pay the appropriate tonnage fee; or
6. violated a cease and desist order.

   Added 1989, No. 285 (Adj. Sess.), § 2; amended 2003, No. 42 , § 2, eff. May 27, 2003; 2021, No. 41 , § 10.

§ 381. Golf courses; nutrient management plan.

As a condition of the permit issued to golf courses under chapter 87 of this title and rules 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; amended 2021, No. 41 , § 10.

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

§ 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.
   6. The federal Agricultural Act of 2014, Pub. L. No. 113-79, Sec. 7606, codified at 7 U.S.C. § 5940, authorized 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. The pilot program was previously set to expire in 2020, but states may now operate a pilot program in 2021. The pilot program and 7 U.S.C. § 5940 are currently scheduled for repeal on January 1, 2022.
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; 2021, No. 47 , § 10, eff. June 1, 2021.

§ 562. Definitions.

As used in this chapter:

1. "Agency" means the Agency of Agriculture, Food and Markets.
2. 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."
3. "Grower" means a person who is registered with the Agency to produce hemp crops.
4. "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.
5. "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.
6. "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.
7. "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.

§ 563. Hemp; an agricultural product.

1. 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.
2. Alternatively, for as long as federal law authorizes continuation of the hemp pilot program pursuant to the federal Agricultural Act of 2014, Pub. L. No. 113-79, Sec. 7606, as codified at 7 U.S.C. § 5940, the Secretary may continue to operate an agricultural pilot program for hemp as authorized by and in compliance with 7 U.S.C. § 5940, as amended, and the provisions of this chapter. Hemp growers and processors shall also then comply with pilot program federal requirements and the provisions of this chapter. If the Secretary operates a hemp pilot program, the program shall not be subject to the terms of Section 10113 of the Agricultural Improvement Act of 2018, Pub. L. No. 115-334.
3. Notwithstanding any provision of State law to the contrary and notwithstanding the scheduled repeal of 7 U.S.C. § 5940 on January 1, 2022, a person shall not be in violation of the requirements of this chapter if he or she grows or cultivates hemp during the 2021 hemp season or markets hemp grown during the 2021 hemp season in compliance with the terms established by the federal Agricultural Act of 2014.
4. The cultivation of industrial hemp shall be subject to and comply with the required agricultural practices adopted under section 4810 of this title, as amended.

   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; 2021, No. 47 , § 10, eff. June 1, 2021.

§ 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

§ 565. Repealed. 2013, No. 84, § 1.

§ 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.

§ 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.

§ 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.

§ 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:
   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(f) 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; amended 2021, No. 41 , § 10b.

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

§ 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.
5. 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.
6. 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.

§ 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.

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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. Subdivision (a)(4) effective until January 1, 2022; see also subdivision (a)(4) effective January 1, 2022 set out below.  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.

      (4) Subdivision (a)(4) effective January 1, 2022; see also subdivision (a)(4) effective until January 1, 2022 set out above. Prior to sale, distribution, or use of a new genetically engineered seed in the State and after consultation with the Agricultural Innovation Board under section 4964 of this title, 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.
3. 1. Subsection (c) repealed effective January 1, 2022.  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)  Subsection (c) repealed effective January 1, 2022.  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; 2021, No. 49 , § 7, eff. Jan. 1, 2022.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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(f) 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; 2021, No. 41 , § 10c.

§ 649 , 650. [Reserved for future use.].

§ 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.

§ 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.

§ 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.

§ 684. Repealed. 1973, No. 50.

§ 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.

§ 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.

§ 687. Penalty.

A person who violates this chapter shall be fined not more than $500.00.

1971, No. 240 (Adj. Sess.), § 7.

§§ 691-708. Repealed. 1999, No. 49, § 114(1).

§ 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 who, on the person's own account or for commission, goes from place to place buying, selling, or transporting livestock either directly or through online or other remote transaction, or who operates a livestock auction or sales ring, provided that "livestock dealer" shall not mean:
   1. a federal agency, including any department, division, or authority within the agency;
   2. a nonprofit association approved by the Secretary; or
   3. a person who engages in "farming," as that term is defined in 10 V.S.A. § 6001(22) , and who raises, feeds, or manages livestock as part of a farming operation when that person is buying, selling, or transporting livestock for the person's farm.
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; 2021, No. 47 , § 2.

§ 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.
4. The Secretary may require a person to obtain a license as a livestock dealer under this section when the Secretary, in his or her discretion, determines that a person is buying, selling, or transporting livestock or taking other action in a manner intended to circumvent the requirements of this section.

   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; 2021, No. 47 , § 3.

§ 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.

§ 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.

§§ 764a, 765. Repealed. 2017, No. 30, § 1.

§ 766. Repealed. 1989, No. 257 (Adj. Sess.), § 22.

§ 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.

§ 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.
4. 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.
5. 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.
6. Pay the seller within 72 hours following the sale of the animal or animals.
7. [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.

§ 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.

§ 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.

§§ 771 Repealed. 1999, No. 49, § 114(2).

§ 772. Repealed. 2017, No. 30, § 1.

§ 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.

§ 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.

§ 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.

§§ 821-838. Repealed. 1991, No. 79, § 7.

§ 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.

§ 853. Farm inspections.

1. 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.
2. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§§ 901-905. Repealed. 1989, No. 16, § 2.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 925. Repealed. 2009, No. 33, § 83(c)(4).

§ 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.

§ 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.

§ 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.

§ 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.

§ 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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 1081. Repealed. 1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.

§ 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.

§ 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 Agricultural Innovation Board 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; 2021, No. 49 , § 3, eff. Jan. 1, 2022.

§ 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.

§ 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.

§ 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.

§ 1102. Pesticide Advisory Council established. Section 1102 repealed effective January 1, 2022.

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; repealed on January 1, 2022 by 2021, No. 49 , § 2.

§ 1103. Regulation by Secretary.

1. General authority.  Subsection (a) effective until January 1, 2022; see also subsection (a) effective January 1, 2022 set out below.  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.

   (a) General authority. Subsection (a) effective January 1, 2022; see also subsection (a) effective until January 1, 2022 set out above. 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 Agricultural Innovation Board 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; 2021, No. 49 , § 4, eff. Jan. 1, 2022.

§ 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. Subdivision (6) effective until January 1, 2022; see also subdivision (6) effective January 1, 2022 set out below.  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 that present a hazard to humans, animals, or the environment, may be required.

   (6) Subdivision (6) effective January 1, 2022; see also subdivision (6) effective until January 1, 2022 set out above. Require pesticide dealers and applicators to keep records of the sale and use of pesticides deemed particularly toxic or hazardous by the Agricultural Innovation Board 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 that 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. Subdivision (9) effective until January 1, 2022; see also subdivision (9) effective January 1, 2022 set out below.  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.

   (9) Subdivision (9) effective January 1, 2022; see also subdivision (9) effective until January 1, 2022 set out above. Make, adopt, revise, and amend reasonable rules as he or she deems necessary with the advice of the Agricultural Innovation Board 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; 2021, No. 49 , § 5, eff. Jan. 1, 2022.

§ 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.

§ 1105a. Treated articles; powers of Secretary; best management practices.

1. Subsection (a) effective until January 1, 2022; see also subsection (a) effective January 1, 2022 set out below.  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.

      (a) Subsection (a) effective January 1, 2022; see also subsection (a) effective until January 1, 2022 set out above. The Secretary of Agriculture, Food and Markets, upon the recommendation of the Agricultural Innovation Board, 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 Agricultural Innovation Board 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 Agricultural Innovation Board 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 Agricultural Innovation Board 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 Agricultural Innovation Board 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; 2021, No. 49 , § 6, eff. Jan. 1, 2022.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§§ 1121-1129. Repealed. 1985, No. 57, § 3.

§§ 1141-1148. Repealed. 1987, No. 276 (Adj. Sess.), § 5.

§ 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.

§ 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.

§ 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.

§ 1154. Repealed. 2017, No. 30, § 3.

§ 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.

§ 1155. Repealed. 2017, No. 30, § 3.

§ 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.

§ 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.

§ 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.