6 V.S.A. § 3306 — VT Code / Title 6 / Chapter 204 / Section 3306
§ 3306. Licensing
Status: repealed

(a) No person shall engage in intrastate commerce in the business of buying, selling, preparing, processing, packing, storing, transporting, or otherwise handling meat, meat food products, or poultry products, unless that person holds a valid license issued under this chapter. Categories of licensure shall include commercial slaughterers; custom slaughterers; commercial processors; custom processors; wholesale distributors; retail vendors; meat and poultry product brokers; renderers; public warehouse operators; animal food manufacturers; handlers of dead, dying, disabled, or diseased animals; and any other category that the Secretary may by rule establish.

(b) The owner or operator of each plant or establishment of the kind specified in subsection (a) of this section shall apply in writing to the Secretary on a form prescribed by him or her for a license to operate the plant or establishment. In case of change of ownership or change of location, a new application shall be made. Any person engaged in more than one licensed activity shall obtain separate licenses for each activity.

(c) The head of service shall investigate all circumstances in connection with the application for license to determine whether the applicable requirements of this chapter and rules made under it have been complied with. The Secretary shall grant, condition, or refuse the license upon the basis of all information available to him or her, including all facts disclosed by investigation. Each license shall bear an identifying number.

(d) The annual fee for a license for a retail vendor is $15.00 for vendors without meat processing operations, $50.00 for vendors with meat processing space of less than 300 square feet or meat display space of less than 20 linear feet, and $100.00 for vendors with 300 or more square feet of meat processing space or 20 or more linear feet of meat display space. Fees collected under this section shall be deposited in a special fund managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Agency to offset the cost of administering chapter 204 of this title. For all other plants, establishments, and related businesses listed under subsection (a) of this section, the annual license fee shall be $150.00.

(e) The Secretary may, after notice and opportunity for hearing, refuse to grant, suspend, or revoke a license; may impose terms or conditions for operation under a license, including video monitoring; or may take any other action that he or she deems appropriate concerning any license, if he or she determines that any false statement was made in the application or if he or she finds that there is any failure to comply with this chapter or the rules made under it.

(f) [Repealed.]

(g) Producers of livestock and livestock dealers who sell carcasses to or through inspected slaughterhouses are exempt from having to obtain a wholesale distributor's license under this section. All other licensing provisions shall be applicable to such an individual.

(h) The Secretary may deny a commercial slaughter license or the renewal of a commercial slaughter license under this chapter to a person who has been convicted of a felony, convicted of a misdemeanor involving cruelty to animals, or has been found in violation of section 3132 of this title more than once. The Secretary may deny a commercial slaughter license or renewal of a commercial slaughter license under this chapter if a person responsibly connected to the applicant has been convicted of a felony, convicted of a misdemeanor involving cruelty to animals, or has been found in violation of section 3132 of this title more than once. As used in this subsection, a “person responsibly connected to an applicant” is a partner, officer, director, holder, or owner of 10 percent or more of the voting stock of the applicant's business or is an employee in a managerial or executive capacity at the applicant's business.

(i) All applicants for licensure or relicensure as a commercial slaughter facility shall submit a written humane livestock handling plan or a good commercial practices plan for poultry for review and approval by the Secretary of Agriculture, Food and Markets or designee. The Secretary may suspend, revoke, or condition any commercial slaughter facility license, after notice and opportunity for hearing, for a licensee's failure to adhere to the written plan.

(j) Commercial slaughter facilities issued a license by the Agency of Agriculture, Food and Markets shall submit to the Secretary or designee within five days after receipt of any documentation received from the U.S. Department of Agriculture (USDA) related to violations of the Federal Humane Slaughter Act and rules adopted under that Act. The Secretary shall review the documentation submitted under this subsection for potential action under this chapter or chapter 201 of this title. A failure to submit documentation required under this subsection shall be a violation of this chapter subject to an administrative penalty under chapter 15 of this title.
6 V.S.A. § 3022 — VT Code / Title 6 / Chapter 172 / Section 3022
§ 3022. Enforcement; inspection
Status: in_force

(a) The Secretary shall enforce the provisions of this chapter.

(b) Any person who is the owner of any bees, apiary, colony, or hive shall pay a $10.00 annual registration fee for each apiary. The fee revenue shall be collected by the Secretary and credited to the Pesticide Monitoring Revolving Fund under section 929 of this title to be used to offset the costs of inspection services and to provide educational services and technical assistance to beekeepers in the State.
6 V.S.A. § 366 — VT Code / Title 6 / Chapter 28 / Section 366
§ 366. Tonnage fees
Status: repealed

(a) 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.

(b) 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.

(c) 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.

(d) Persons distributing a beneficial substance 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 beneficial substance and the form in which the beneficial substance 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. A beneficial substance is exempt from tonnage fees.

(e) Agricultural limes, including agricultural lime mixed with wood ash, are exempt from the tonnage fees required in this section.

(f) 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.

(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.

(h) [Repealed.]
6 V.S.A. § 487 — VT Code / Title 6 / Chapter 32 / Section 487
§ 487. Standards
Status: in_force

(a) 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.

(b) Density standards. The Secretary may establish by rule the density standards for maple syrup.
6 V.S.A. § 2814 — VT Code / Title 6 / Chapter 153 / Section 2814
§ 2814. Tests of sample by Secretary
Status: in_force

The producers and handlers of milk and dairy products may request the Secretary to make bacteriological or chemical tests, or both, of their dairy products and water in the central testing laboratory of the Agency of Agriculture, Food and Markets. If, in the opinion of the Secretary, these tests can be made without interfering with regulatory work, the Secretary or his or her agent may perform them. A handler for whom such tests are made shall pay fees as, in the opinion of the Secretary, will cover the cost of performing the tests.
6 V.S.A. § 4962 — VT Code / Title 6 / Chapter 215 / Section 4962
§ 4962. Definitions
Status: in_force

As used in this subchapter:

(1) “Certified Vermont Environmental Steward” means an owner or operator of a farm who has achieved the thresholds for the Vermont Environmental Stewardship Program to be certified as a farm that improves soil health and contributes to improving water quality.

(2) “Regenerative farming” means a series of cropland management practices that:

(A) contributes to generating or building soils and soil fertility and health;

(B) increases water percolation, increases water retention, and increases the amount of clean water running off farms;

(C) increases biodiversity and ecosystem health and resiliency; and

(D) sequesters carbon in agricultural soils.
6 V.S.A. § 557 — VT Code / Title 6 / Chapter 33 / Section 557
§ 557. Penalty
Status: in_force

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.
6 V.S.A. § 2811 — VT Code / Title 6 / Chapter 153 / Section 2811
§ 2811. Marking of retail packages
Status: in_force

(a)(1) All retail packages of dairy products and fluid dairy products sold or offered for sale shall be plainly and conspicuously marked with:

(A) The true name of the product as defined by statute or regulation.

(B) The true name of all ingredients in descending order of importance if it is not a single defined product.

(C) The name and address of the producer or handler.

(D) The net weight or volume of package contents.

(2) The Secretary may assign identifying numbers for milk plants, which may appear on the package.

(b) The following situations are exempted from the operation of subsection (a) of this section:

(1) Milk sold by a producer to a handler.

(2) A producer who sells unpasteurized (raw) milk pursuant to chapter 152 of this title.
6 V.S.A. § 4871 — VT Code / Title 6 / Chapter 215 / Section 4871
§ 4871. Small farm certification
Status: repealed

(a) Small farm definition. As used in this section, “small farm” means a parcel or parcels of land:

(1) on which 10 or more acres are used for farming;

(2) that house not more than the number of animals specified under section 4857 of this title; and

(3)(A) that house at least the number of mature animals that the Secretary of Agriculture, Food and Markets designates by rule under the Required Agricultural Practices; or

(B) that are used for the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of crops for sale.

(b) Required small farm certification. Beginning on July 1, 2017, a person who owns or operates a small farm, as designated by the Secretary consistent with subdivision 4810a(a)(1) of this title, shall, on a form provided by the Secretary, certify compliance with the Required Agricultural Practices. The Secretary of Agriculture, Food and Markets shall establish the requirements and manner of certification of compliance with the Required Agricultural Practices, provided that the Secretary shall require an owner or operator of any newly eligible or identified small farm to submit a certification of compliance with the Required Agricultural Practices and may require any small farm to regularly certify ongoing compliance with the Required Agricultural Practices.

(c) Certification due to water quality threat. The Secretary may require any person who owns or operates a farm to submit a small farm certification under this section if the person is not required to obtain a permit or submit a certification under this chapter and the Secretary determines that the farm poses a threat of discharge to a water of the State or presents a threat of contamination to groundwater. The Secretary may waive a small farm certification required under this subsection upon a determination that the farm no longer poses a threat of discharge to a water of the State or no longer presents a threat of contamination to groundwater.

(d) Rulemaking; small farm certification. The Secretary of Agriculture, Food and Markets shall maintain by rule requirements for a small farm certification of compliance with the Required Agricultural Practices. The rules required by this subsection shall be adopted as part of the Required Agricultural Practices under section 4810 of this title.

(e) Small farm inspection. The Secretary may inspect a small farm in the State at any time for the purposes of assessing compliance by the small farm with the Required Agricultural Practices and determining consistency with a certification of compliance submitted by the person who owns or operates the small farm. The Secretary may prioritize inspections of small farms in the State based on identified water quality issues posed by a small farm. The Secretary shall adopt by rule, as part of the Required Agricultural Practices, the required frequency of inspection of small farms.

(f) [Repealed.]

(g)(1) Identification; ranking of water quality needs. During an inspection of a small farm under this section, the Secretary shall identify areas where the farm could benefit from capital, structural, or technical assistance in order to improve or come into compliance with the Required Agricultural Practices and any applicable State water quality permit or certification required under this chapter.

(2) Notwithstanding the priority system established under section 4823 of this title, the Secretary annually shall establish a priority ranking system for small farms according to the water quality benefit associated with the capital, structural, or technical improvements identified as needed by the Secretary during an inspection of the farm.

(3) Notwithstanding the priority system established by subdivision (2) of this subsection, the Secretary may provide financial assistance to a small farm at any time, regardless of the priority ranking system, if the Secretary determines that the farm needs assistance to address a water quality issue that requires immediate abatement.
6 V.S.A. § 2 — VT Code / Title 6 / Chapter 1 / Section 2
§ 2. Appointment of Secretary of Agriculture, Food and Markets
Status: in_force

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.
6 V.S.A. § 851 — VT Code / Title 6 / Chapter 66 / Section 851
§ 851. Definitions
Status: in_force

As used in this chapter:

(1) “Adulterated” has the same meaning as in 18 V.S.A. § 4059 when applied to produce and includes “adulteration” under rules adopted under 18 V.S.A. chapter 82.

(2) “Agency” means the Agency of Agriculture, Food and Markets.

(3) “Farm” has the same meaning as used in 21 C.F.R. § 112.3.

(4) “Produce” has the same meaning as used in 21 C.F.R. § 112.3.

(5) “Produce farm” means any farm engaged in the growing, harvesting, packing, or holding of produce.

(6) “Secretary” means the Secretary of Agriculture, Food and Markets.
6 V.S.A. § 4820 — VT Code / Title 6 / Chapter 215 / Section 4820
§ 4820. Definitions
Status: repealed

As used in this subchapter:

(1) “RAPs” means “Required Agricultural Practices” as defined by the Secretary of Agriculture, Food and Markets pursuant to subchapter 1 of this chapter.

(2) “Secretary” means the Secretary of Agriculture, Food and Markets.

(3) “Agency” means the Agency of Agriculture, Food and Markets.

(4) “FSA” means the “Farm Service Agency,” formerly named the “Agricultural Stabilization and Conservation Service,” of the U.S. Department of Agriculture.

(5) “NRCS” means the “Natural Resources Conservation Service,” formerly named the “Soil Conservation Service,” of the U.S. Department of Agriculture.

(6) [Repealed.]
6 V.S.A. § 61 — VT Code / Title 6 / Chapter 3 / Section 61
§ 61. Information collection and confidentiality
Status: in_force

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.
6 V.S.A. § 4822 — VT Code / Title 6 / Chapter 215 / Section 4822
§ 4822. Eligibility for State assistance
Status: in_force

Vermont farmers shall be eligible to receive available State financial assistance with the installation of on-farm improvements designed to control agricultural nonpoint source waste discharges, provided that:

(1) for farmers who also seek federal financial assistance for this purpose, the improvements:

(A) are eligible for federal assistance through programs of the U.S. Department of Agriculture; and

(B) are consistent with a “nutrient management plan” prepared by the Vermont field office of the NRCS, or with an animal waste management plan based on standards equivalent to those of the NRCS; or

(2) for farmers who decline to seek or accept federal financial assistance for this purpose, the improvements:

(A) are determined by the Secretary to be equivalent to those eligible for federal assistance through programs of the U.S. Department of Agriculture; and

(B) are consistent with an animal waste management plan based on standards determined by the Secretary to be equivalent to those of the NRCS; and

(3) improvements will be constructed on a farm that is in good standing with the Secretary at the time of the award on all grant agreements, contract awards, or enforcement proceedings.
6 V.S.A. § 352 — VT Code / Title 6 / Chapter 27 / Section 352
§ 352. Prohibition
Status: in_force

A person shall not:

(1) 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 that are not grade A or better;

(2) advertise or label eggs in a false or misleading manner;

(3) sell, offer for sale, deliver, or donate eggs that do not satisfy the requirements of this chapter or the rules adopted pursuant to it; or

(4) sell, offer for sale, deliver, or donate eggs that are adulterated within the meaning of 18 V.S.A. § 4059 or the rules adopted under 18 V.S.A. chapter 82.
6 V.S.A. § 361 — VT Code / Title 6 / Chapter 28 / Section 361
§ 361. Title
Status: in_force

This chapter shall be known as the “Fertilizer, Lime, and Beneficial Substances Law.”
6 V.S.A. § 1154a — VT Code / Title 6 / Chapter 102 / Section 1154a
§ 1154a. Testing of cultured fish and fee fishing businesses
Status: in_force

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.
6 V.S.A. § 353 — VT Code / Title 6 / Chapter 27 / Section 353
§ 353. Shell-treated eggs
Status: in_force

Eggs that 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.
6 V.S.A. § 1103 — VT Code / Title 6 / Chapter 87 / Section 1103
§ 1103. Regulation by Secretary
Status: in_force

(a) General authority. The Secretary shall have responsibility for regulating and controlling the sale, use, storage, treatment, and disposal of pesticides and pesticide wastes in order to promote the public health, safety, and welfare and protect agricultural and natural resources. In the performance of such duties, the Secretary shall act upon the advice of the Agricultural Innovation Board and subject to the approval of the Governor.

(b) Management program. By January 1, 1993, the Secretary, in conjunction with the committee described in this section, shall make recommendations to the Vermont General Assembly 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.

(c) 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; and

(8) a representative of the general public.

(d) 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 that should be banned from landfill disposal; and

(11) date at which pesticides should be banned from landfill disposal.
6 V.S.A. § 566 — VT Code / Title 6 / Chapter 34 / Section 566
§ 566. Rulemaking authority
Status: in_force

(a) 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.

(b) The Secretary may adopt rules establishing how the Agency of Agriculture, Food and Markets will conduct research within the Program for hemp.

(c) The Secretary shall adopt rules establishing requirements for the registration of processors of hemp and hemp-infused products.
6 V.S.A. § 367 — VT Code / Title 6 / Chapter 28 / Section 367
§ 367. Inspection; sampling; analysis
Status: in_force

For the purpose of enforcing this chapter and determining whether fertilizers, beneficial substances, 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, beneficial substances, 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, beneficial substance, 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 that reflect sound analytical procedures.

(4) To develop any reasonable means necessary to monitor and adopt rules for the use of fertilizers, beneficial substances, 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, beneficial substances, and lime held for distribution or sale.
6 V.S.A. § 481 — VT Code / Title 6 / Chapter 32 / Section 481
§ 481. Definitions
Status: in_force

As used in this chapter:

(1) “Advertisement” means any method used to call attention to a product that 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 adopted 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 that measures the specific gravity of a liquid and that 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 that 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 that 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 that measures the specific gravity of a liquid and that 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 that are manufactured in their entirety from pure, unprocessed maple sap within the State of Vermont pursuant to standards established by this chapter and the rules adopted under this chapter.

(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.
6 V.S.A. § 4832 — VT Code / Title 6 / Chapter 215 / Section 4832
§ 4832. Farm Agronomic Practices Program
Status: in_force

The Farm Agronomic Practices Program is created in the Agency of Agriculture, Food and Markets to promote soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges. Financial assistance for related education, training, or instruction may be available under the Program to Vermont farms, agricultural service providers, and agricultural nonprofit organizations. Vermont farms may also receive financial assistance for the following eligible practices:

(1) conservation crop rotation;

(2) cover cropping;

(3) strip cropping;

(4) cross-slope tillage;

(5) zone or no-tillage;

(6) pre-sidedress nitrate tests; and

(7) additional soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges.
6 V.S.A. § 4023 — VT Code / Title 6 / Chapter 206 / Section 4023
§ 4023. Nursery inspection; fees
Status: in_force

(a) The Secretary, as he or she deems necessary, may inspect nursery stock in the possession of a nursery grower or nursery dealer licensed under section 4024 of this title or any place within the State where nursery stock is grown, collected, stored, sold, offered for sale, or distributed. After the inspection of a licensed nursery grower or nursery dealer, the Secretary may issue an inspection certificate.

(b) The Secretary shall charge a fee for any inspection of a nursery grower or nursery dealer that is not licensed under section 4024 of this title. The Secretary shall charge a fee for an inspection of a nursery dealer or nursery grower licensed under section 4024 of this title, provided that the initial inspection of a licensed nursery grower or nursery dealer in any calendar year shall be at no cost. The amount of the inspection fee shall be the same fee as that charged for a nursery dealer's license as required by section 4024 of this title. The Secretary shall not charge an inspection fee when responding to consumer complaints or for technical assistance under section 1036 of this title for the management of plant pests as that term is defined in section 1030 of this title.
6 V.S.A. § 1105b — VT Code / Title 6 / Chapter 87 / Section 1105b
§ 1105b. Use and sale of neonicotinoid treated article seeds [Contingently effective January 1, 2029]
Status: in_force

(a) No person shall sell, offer for sale or use, distribute, or use any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group (crop groups 15, 15-22, 16, and 16-22).

(b) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary of Natural Resources, may issue a written exemption order to suspend the provisions of subsection (a) of this section, only if the following conditions are met:

(1) the person seeking the exemption order shall complete an integrated pest management training, provided by the Secretary or an approved third party;

(2) the person seeking the exemption order shall complete a pest risk assessment and submit a pest risk assessment report to the Secretary;

(3) any seeds authorized for use under the exemption order shall be planted only on the property or properties identified in the pest risk assessment report; and

(4) the persons seeking the exemption order shall maintain current records of the pest risk assessment report and records of when treated seeds are planted, both of which shall be subject to review upon request by the Secretary.

(c) A written exemption order issued under subsection (b) of this section shall:

(1) not be valid for more than one year; and

(2) specify the types of neonicotinoid treated article seeds to which the exemption order applies, the date on which the exemption order takes effect, and the exemption order's duration.

(d) A written exemption order issued under subsection (b) of this section may:

(1) establish restrictions related to the use of neonicotinoid treated article seeds to which the exemption order applies to minimize harm to pollinator populations, bird populations, ecosystem health, and public health; and

(2) establish other restrictions related to the use of neonicotinoid treated article seeds to which the exemption order applies that the Secretary of Agriculture, Food and Markets considers necessary.

(e) Upon issuing a written exemption order under subsection (b) of this section, the Secretary of Agriculture, Food and Markets shall submit a copy of the exemption order to the Senate Committees on Natural Resources and Energy and on Agriculture; the House Committees on Environment and on Agriculture, Food Resiliency, and Forestry; and the Agricultural Innovation Board. The General Assembly shall post the written exemption order to the website of the General Assembly.

(f) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary of Natural Resources, may rescind a written exemption order issued under subsection (b) of this section at any time. Such rescission shall come into effect not sooner than 30 days after its issuance and shall not apply to neonicotinoid treated article seeds planted or sown before such recission comes into effect.
6 V.S.A. § 2727 — VT Code / Title 6 / Chapter 151 / Section 2727
§ 2727. Municipal licenses
Status: repealed

The existing power of a municipality under special charter provisions to regulate and grant licenses for the handling, selling, or supplying of dairy products within its territorial limits shall not be repealed nor affected by the provisions of this part, except that no local license shall be granted to any person who does not hold a license required of him or her under this part. The suspension or revocation of a license under this part automatically shall suspend or revoke, as the case may be, any local license then held by the same person.
6 V.S.A. § 648 — VT Code / Title 6 / Chapter 35 / Section 648
§ 648. Inspections
Status: in_force

(a) 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 10 pounds; and

(2) a flat fee of $85.00 per company for any seed sold.

(b) 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.

(c) For those seeds sold in containers of more than 10 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.

(d) For those seeds sold in containers of 10 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.

(e) All fees shall be deposited in the special fund created by subsection 364(f) of this title and used in accordance with its provisions.

(f) 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.

(g) 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.

(h) 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.
6 V.S.A. § 4994 — VT Code / Title 6 / Chapter 215 / Section 4994
§ 4994. Permit or certification; revocation; enforcement
Status: in_force

The Secretary may, after due notice and hearing, revoke or condition coverage under a general permit, an individual permit, a small farm certification, or other permit or certification issued under this chapter or rules adopted under this chapter when the person subject to the permit or certification fails to comply with a requirement of this chapter or any term, provision, or requirements of a permit or certification required by this chapter. The Secretary may also seek enforcement remedies and penalties under this subchapter against any person who fails to comply with any term, provision, or requirement of a permit or certification required by this chapter or who violates the terms or conditions of coverage under any general permit, any individual permit, or any certification issued under this chapter.
6 V.S.A. § 3026 — VT Code / Title 6 / Chapter 172 / Section 3026
§ 3026. Sale or other unauthorized disposition of diseased bees
Status: in_force

The owner of any apiary in which a disease exists shall not knowingly sell, barter, give away, or move any diseased bees, colonies, honey, hives, combs, or equipment without the written consent of the Secretary; such person shall not in any way expose other bees to the danger of the disease.
6 V.S.A. § 497 — VT Code / Title 6 / Chapter 32 / Section 497
§ 497. Violation
Status: in_force

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 adopted by the Secretary under the provisions of this chapter.
6 V.S.A. § 5132 — VT Code / Title 6 / Chapter 218 / Section 5132
§ 5132. Definitions
Status: in_force

As used in this chapter:

(1) “Agency” means the Agency of Agriculture, Food and Markets.

(2) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management but shall not mean sewage, septage, or materials derived from sewage or septage.

(3) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria for regulation under the Required Agricultural Practices.

(4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).

(5) “Food processing residuals” means the remaining organic material from a food processing plant and may include whey and other dairy, cheese making, and ice cream residuals or residuals from any food manufacturing process excluding livestock or poultry slaughtering and rendering operations. “Food processing residuals” do not include food residuals from markets, groceries, or restaurants.

(6) “Food residuals” means source separated and uncontaminated material that is derived from processing or discarding of food and that is recyclable or compostable. “Food residuals” may include preconsumer and postconsumer food scraps. “Food residuals” include meat and meat-related products when the disposition of the products is managed on a farm.

(7) “Secretary” means the Secretary of Agriculture, Food and Markets.

(8) “Source separation” has the same meaning as in 10 V.S.A. § 6602.
6 V.S.A. § 354a — VT Code / Title 6 / Chapter 27 / Section 354a
§ 354a. Containers
Status: in_force

A person shall not pack shell eggs in containers that are not structurally sound and clean.
6 V.S.A. § 173 — VT Code / Title 6 / Chapter 21 / Section 173
§ 173. Designation of brands, labels, or trademarks
Status: in_force

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 the brands, labels, or trademarks and may distribute the same at a reasonable price. A written application to the Secretary requesting permission to use the brands, labels, or trademarks and a written acceptance by the Secretary or a duly authorized assistant shall be a condition precedent to the use of such brands, labels, or trademarks.
6 V.S.A. § 1157 — VT Code / Title 6 / Chapter 102 / Section 1157
§ 1157. Quarantine
Status: in_force

(a) 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;

(5) are suspected of having been exposed to biological or chemical agents that may cause the animal's milk, processed dairy product, or other product to be adulterated or otherwise unsafe for human consumption or use; or

(6) 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.

(b) 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.

(c) 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.

(d) The Secretary may use placards or any other method deemed necessary to give notice or warning to the general public of the quarantine.

(e) 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.

(f) 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.
6 V.S.A. § 172 — VT Code / Title 6 / Chapter 21 / Section 172
§ 172. Notice and hearing
Status: in_force

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.
6 V.S.A. § 1085 — VT Code / Title 6 / Chapter 85 / Section 1085
§ 1085. Mosquito Control Grant Program
Status: in_force

(a) 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.

(b) 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 larvicide services or the purchase of capital equipment used for larval management activities. At the Secretary's discretion, costs associated with capital equipment that may be required for larval management programs within a Mosquito Control District may be eligible for grant awards up to 75 percent of the total equipment costs.

(c) 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.

(d) 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.

(e) 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 person trained and approved by the Agency of Agriculture, Food and Markets.

(f) 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.

(g) The Secretary may adopt rules to carry out the provisions of this section.
6 V.S.A. § 371 — VT Code / Title 6 / Chapter 28 / Section 371
§ 371. Rules
Status: in_force

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.
6 V.S.A. § 5131 — VT Code / Title 6 / Chapter 218 / Section 5131
§ 5131. Purpose
Status: in_force

The purpose of this chapter is to establish a program for the management of residual wastes generated, imported to, or managed on a farm for farming in Vermont.
6 V.S.A. § 763 — VT Code / Title 6 / Chapter 63 / Section 763
§ 763. Exemptions from license
Status: in_force

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.
6 V.S.A. § 1161 — VT Code / Title 6 / Chapter 102 / Section 1161
§ 1161. Fees for testing
Status: in_force

The Secretary may assess fees necessary to cover the cost of testing domestic animals for contagious diseases.
6 V.S.A. § 855 — VT Code / Title 6 / Chapter 66 / Section 855
§ 855. Rules
Status: in_force

The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement this chapter.
6 V.S.A. § 2680 — VT Code / Title 6 / Chapter 151 / Section 2680
§ 2680. Labeling milk as fresh
Status: in_force

Milk shall not be labeled as “fresh milk,” “Vermont fresh milk,” or “northeastern fresh milk” unless the milk meets the definitions in section 2672 of this chapter.
6 V.S.A. § 2767 — VT Code / Title 6 / Chapter 151 / Section 2767
§ 2767. Reciprocity
Status: in_force

A person may offer for retail sale in this State milk and dairy products from other states and countries, the label of which displays the claim that rbST has not been used in the production of the milk or dairy products, if the milk or dairy products are identified by the Secretary:

(1) as from a state or country that has a law comparable to this subchapter and the milk or dairy products are labeled in compliance with the law of that state or country or employs other methods administered by the state or country acceptable to the Secretary for verifying claims that rbST has not been used in milk production and processing;

(2) as provided by a handler that employs a method acceptable to the Secretary for verifying claims that rbST has not been used in milk production and processing; or

(3) as from a state or country with a law or laws precluding the use of rbST in the production of milk.
6 V.S.A. § 920 — VT Code / Title 6 / Chapter 81 / Section 920
§ 920. Other prohibitions
Status: in_force

(a) 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 rules adopted under this chapter, 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.

(b) 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.
6 V.S.A. § 2989 — VT Code / Title 6 / Chapter 163 / Section 2989
§ 2989. Interstate orders for compacts
Status: in_force

The Secretary is authorized to confer and cooperate with the legally constituted authorities of other states and of the United States with respect to the issuance and operation of joint and concurrent dairy promotion orders or other activities tending to carry out the declared intent of the act. The Secretary may join with such other authorities in conducting joint investigations, holding joint hearings and issuing joint or concurrent order or orders complementary to those of the federal government and shall have the authority to employ or designate a joint agent or joint agencies to carry out and enforce such joint, concurrent, or supplementary orders.
6 V.S.A. § 4631 — VT Code / Title 6 / Chapter 207 / Section 4631
§ 4631. Vermonters Feeding Vermonters Grant Program
Status: in_force

(a) As used in this section, “local food” has the same meaning as “local” in 9 V.S.A. § 2465a(b).

(b) There is created in the Agency of Agriculture, Food and Markets the Vermonters Feeding Vermonters Grant Program to provide grants to Vermont Foodbank to:

(1) purchase local food directly from Vermont farms to distribute through Vermont Foodbank's distribution channels; and

(2) offer subgrants to:

(A) Vermont Foodbank's network partners to buy directly from local farms of all sizes a variety of agricultural commodities and products; and

(B) Vermont Foodbank's partners that buy directly from local farms of all sizes with a focus on providing culturally preferred foods or local relationships.

(c)(1) The Vermont Foodbank, after consultation with the Secretary of Agriculture, Food and Markets, shall report annually on or before March 1 to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture regarding implementation and administration of the Vermonters Feeding Vermonters Grant Program. The report shall include:

(A) the total amount of food purchased with grants from the Program;

(B) the total number of farms purchased from;

(C) the total number of sites where food purchased under the Program was distributed; and

(D) if grants from the Program are used to purchase farm shares, the total number of shares.

(2) When the Vermont Foodbank reports under this section, information regarding persons receiving food under the Program shall be provided in a form that does not disclose the identity of the individual persons, households, or businesses from whom the information was obtained or whose characteristics, activities, or products the information is about.
6 V.S.A. § 1813 — VT Code / Title 6 / Chapter 141 / Section 1813
§ 1813. Producer referendum
Status: in_force

(a) For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a Commission marketing order, including any provision with respect to milk supply under subsection 1809(f) of this title, is approved by producers, the Commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the Commission. The terms and conditions of the proposed order or amendment shall be described by the Commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto.

(b) An order or amendment shall be deemed approved by producers if the Commission determines that it is approved by at least two-thirds of the voting producers who, during a representative period determined by the Commission, have been engaged in the production of milk, the price of which would be regulated under the proposed order or amendment.

(c) For purposes of any referendum, the Commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) of this subsection and subject to the provisions of subdivisions (2) through (5) of this subsection.

(1) No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either.

(2) Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established, and in the form prescribed, by the Commission.

(3) Any producer may obtain a ballot from the Commission in order to register approval or disapproval of the proposed order.

(4) A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his or her approval or disapproval of the proposed order, shall notify the Commission as to the name of the cooperative of which he or she is a member, and the Commission shall remove such producer's name from the list certified by such cooperative with its corporate vote.

(5) In order to ensure that all milk producers are informed regarding a proposed order, the Commission shall notify all milk producers that an order is being considered and that each producer may register his or her approval or disapproval with the Commission either directly or through his or her cooperative.
6 V.S.A. § 498 — VT Code / Title 6 / Chapter 32 / Section 498
§ 498. Penalties
Status: in_force

(a) The Secretary may suspend or revoke the license of a dealer or processor for any violation of this chapter or the rules adopted pursuant to this chapter.

(b) 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.
6 V.S.A. § 770 — VT Code / Title 6 / Chapter 63 / Section 770
§ 770. Penalty
Status: in_force

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 the person represents in conducting the business, shall be assessed an administrative penalty under section 15 of this title.
6 V.S.A. § 1804 — VT Code / Title 6 / Chapter 141 / Section 1804
§ 1804. Commission established
Status: in_force

There is hereby created a Commission to administer the compact, composed of delegations from each state in the region. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state. Delegation members shall serve no more than three consecutive terms with no single term of more than four years, and be subject to removal for cause. In all other respects, members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the Commission. Each state delegation shall be entitled to one vote in the conduct of the Commission's affairs.
6 V.S.A. § 358 — VT Code / Title 6 / Chapter 27 / Section 358
§ 358. Disposition of fines
Status: in_force

Such fines as are collected under the provisions of this chapter shall belong and be paid to the State.
6 V.S.A. § 4861 — VT Code / Title 6 / Chapter 215 / Section 4861
§ 4861. Appeal
Status: in_force

A person aggrieved by a permit decision of the Secretary under this subchapter may seek de novo review by the Environmental Division within 30 days of the decision of the Secretary. A person aggrieved by a final ruling of the Secretary on an application for coverage under a general permit adopted pursuant to this section may appeal to the Environmental Division; provided, however, that the appeal shall be limited in scope to whether the medium farm complies with the terms and conditions of the general permit. For purposes of this section, “a person aggrieved ” means a person who alleges an injury to a particularized interest where the injury is attributable to an act or decision by the Secretary under this subchapter and the injury can be redressed by the Environmental Division or the Supreme Court.
6 V.S.A. § 1031 — VT Code / Title 6 / Chapter 84 / Section 1031
§ 1031. Functions of Secretary of Agriculture, Food and Markets and Commissioner of Forests, Parks and Recreation cooperation
Status: in_force

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.
6 V.S.A. § 326 — VT Code / Title 6 / Chapter 26 / Section 326
§ 326. Misbranding
Status: in_force

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.
6 V.S.A. § 1463 — VT Code / Title 6 / Chapter 107 / Section 1463
§ 1463. Examination; release from quarantine
Status: in_force

Within a reasonable time, the Secretary shall examine any imported domestic animal placed in quarantine and may apply such tests or retests as the Secretary deems necessary to determine the health of the animals. After tests or retests ordered by the Secretary have been applied, any domestic animal found free from contagious or infectious disease shall be released from quarantine, unless the Secretary determines that the animal may have been exposed to a contagious disease and that it is necessary to continue the quarantine in order to prevent the potential spread of a contagious disease. Any order shall be made in the manner provided by section 1157 of this title.
6 V.S.A. § 5153 — VT Code / Title 6 / Chapter 219 / Section 5153
§ 5153. Application of chapter
Status: in_force

This chapter shall apply to the Secretary's distribution of grants to agricultural fair associations whenever funds are appropriated to the Agency of Agriculture, Food and Markets for State fair or field days organizations without distinct requirements that otherwise dictate how to allocate the funds.
6 V.S.A. § 4851 — VT Code / Title 6 / Chapter 215 / Section 4851
§ 4851. Permit requirements for large farm operations
Status: in_force

(a) No person shall, without a permit from the Secretary, construct a new barn, or expand an existing barn, designed to house more than 700 mature dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine weighing over 55 pounds, 10,000 swine weighing less than 55 pounds, 500 horses, 10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens or broilers with a liquid manure handling system, 82,000 laying hens without a liquid manure handling system, 125,000 chickens other than laying hens without a liquid manure handling system, 5,000 ducks with a liquid manure handling system, or 30,000 ducks without a liquid manure handling system. No permit shall be required to replace an existing barn in use for livestock or domestic fowl production at its existing capacity. The Secretary of Agriculture, Food and Markets, in consultation with the Secretary of Natural Resources, shall review any application for a permit under this section with regard to water quality impacts prior to approval of a permit under this subsection. If, upon review of a large farm application for a permit under this subsection, the Secretary of Agriculture, Food and Markets determines that the farm may be discharging to waters of the State, the Secretary of Agriculture, Food and Markets shall promptly refer the potential discharge to the Secretary of Natural Resources for response in accordance with the federal Clean Water Act regarding concentrated animal feeding operations. The Secretary of Natural Resources shall direct a large farm to obtain a permit under 10 V.S.A. § 1263 if required by federal regulations for concentrated animal feeding operations or by the VPDES CAFO Rules. If the farm is not required to obtain a CAFO permit and is not in violation of federal regulations for Concentrated Animal Feeding Operations, the Secretary of Natural Resources shall promptly notify the Secretary of Agriculture, Food and Markets.

(b) A person shall apply for a permit in order to operate a farm that exceeds 700 mature dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine weighing over 55 pounds, 10,000 swine weighing less than 55 pounds, 500 horses, 10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens or broilers with a liquid manure handling system, 82,000 laying hens without a liquid manure handling system, 125,000 chickens other than laying hens without a liquid manure handling system, 5,000 ducks with a liquid manure handling system, or 30,000 ducks without a liquid manure handling system. Two or more individual farms that are under common ownership and that adjoin each other or use a common area or system for the disposal of wastes shall be considered a single animal feeding operation or “farm” when determining whether the combined number of livestock or domestic fowl qualifies the farm as a Large Farm Operation under this section. In order to receive this permit, the person shall demonstrate to the Secretary that the farm has an adequately sized manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with Required Agricultural Practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards.

(c) The Secretary shall approve, condition, or disapprove the application within 45 business days following the date of receipt of a complete application for a permit under this section. Failure to act within the 45 business days shall be deemed approval.

(d) A person seeking a permit under this section shall apply in writing to the Secretary. The application shall include a description of the proposed barn or expansion of livestock or domestic fowl; a proposed nutrient management plan to accommodate the number of livestock or domestic fowl the barn is designed to house or the farm is intending to expand to; and a description of the manure management system to be used to accommodate agricultural wastes.

(e) The Secretary may condition or deny a permit on the basis of odor, noise, traffic, insects, flies, or other pests.

(f) Before granting a permit under this section, the Secretary shall make an affirmative finding that the animal wastes generated by the construction or expansion will be stored so as not to generate runoff from a 25-year, 24-hour storm event and shall be disposed of in accordance with the Required Agricultural Practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards.

(g) A farm that is permitted under this section and that withdraws more than 57,600 gallons of groundwater per day averaged over any 30 consecutive-day period shall annually report estimated water use to the Secretary of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall share information reported under this subsection with the Agency of Natural Resources.

(h) The Secretary may inspect a farm permitted under this section at any time, but not less frequently than once per year.

(i) A person required to obtain a permit under this section shall submit an annual operating fee of $2,500.00 to the Secretary. During any calendar year in which a person has an active Large Concentrated Animal Feeding Operation permit issued by the Agency of Natural Resources pursuant to the federal Clean Water Act and pays the required associated fee, that person shall not be required to pay the $2,500.00 annual operating fee described in this section. The fees collected under this section shall be deposited in the Agricultural Water Quality Special Fund under section 4803 of this title.
6 V.S.A. § 4026 — VT Code / Title 6 / Chapter 206 / Section 4026
§ 4026. Foreign nursery stock; certificate of inspection; transportation; penalty
Status: in_force

Nursery stock transported into this State for sale, distribution, or installation shall be accompanied by a valid certificate of inspection, or a reasonable facsimile, or other certification accepted by the Secretary, from the state from which the consignment comes or from a U.S. government inspector, stating that the nursery stock is believed to be free of injurious pests or plant diseases. The certificate shall contain the name and mailing address of the consignor.
6 V.S.A. § 3033 — VT Code / Title 6 / Chapter 172 / Section 3033
§ 3033. Shipping bees or equipment into another state or country; application for inspection; expenses; certificate
Status: in_force

(a) If an owner wishes to ship bees or equipment into another state or country, the owner may apply to the Secretary for an inspection for bee diseases likely to prevent the acceptance of the bees or beekeeping equipment in the state or country.

(b) Upon receipt of the application, or as soon thereafter as may be conveniently practicable, the Secretary shall comply with the request.
6 V.S.A. § 4029 — VT Code / Title 6 / Chapter 206 / Section 4029
§ 4029. Rules; distribution; penalties
Status: in_force

(a) The Secretary shall adopt rules as prescribed by 3 V.S.A. chapter 25 as he or she deems necessary to carry out the provisions of this chapter. The rules shall be printed by the State and distributed by the Secretary.

(b) A person who violates any provisions of this chapter or a rule adopted under this chapter shall be fined not more than $100.00 for the first offense and not more than $500.00 for each subsequent offense. The Secretary may seek and obtain preliminary and permanent injunctive relief for any violation of this chapter or the rules adopted under this chapter.
6 V.S.A. § 1462 — VT Code / Title 6 / Chapter 107 / Section 1462
§ 1462. Quarantine
Status: in_force

The Secretary may require by rule in general, or order in specific cases, that any domestic animal imported into this State be placed in quarantine.
6 V.S.A. § 647 — VT Code / Title 6 / Chapter 35 / Section 647
§ 647. Administrative penalties
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.
6 V.S.A. § 3032 — VT Code / Title 6 / Chapter 172 / Section 3032
§ 3032. Transportation of bees or used equipment into the State
Status: repealed

(a) Except as provided under subsection (c) of this section, bees, used equipment, or colonies shall not be brought into the State of Vermont unless approved by the Secretary by permit. The Secretary shall not approve the import of bees, used equipment, or colonies from out of state unless accompanied by a valid certificate of inspection within the previous 45 days from the state or country of origin stating that the bees, used equipment, or bee colonies are free from bee disease.

(b) Any person, other than a common carrier, who knowingly transports or causes to be transported used equipment or colonies to a point within this State shall provide the Secretary with an approved import permit and certificate of inspection not less than 10 days prior to entry into this State.

(c) This section shall not apply to a shipment of bees, equipment, or colonies that originated outside the State and is destined for another point that is also located outside this State.

(d) [Repealed.]
6 V.S.A. § 354 — VT Code / Title 6 / Chapter 27 / Section 354
§ 354. Marking of containers
Status: in_force

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 adopted 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.”
6 V.S.A. § 3308 — VT Code / Title 6 / Chapter 204 / Section 3308
§ 3308. Prohibited acts in general
Status: in_force

(a) No person shall, with respect to any livestock or poultry or any livestock products or poultry products:

(1) slaughter any livestock or poultry or prepare any products that are capable of use as human food, at any establishment preparing the products solely for intrastate commerce, except in compliance with the requirements of this chapter and the rules adopted pursuant to this chapter;

(2) sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any products that:

(A) are capable for use as human food; and

(B) are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation; or

(C) have not been inspected and passed unless they are exempt from inspection pursuant to rules adopted by the Secretary; or

(3) do, with respect to any of these products that are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation, which is intended to cause or has the effect of causing the products to be adulterated or misbranded.

(b) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head or viscera have not been removed in accordance with rules adopted by the Secretary except as may be authorized by rules.

(c) No person shall violate any provision of this chapter, the rules adopted pursuant to this chapter, the orders of the Secretary, or of his or her inspectors.
6 V.S.A. § 4030 — VT Code / Title 6 / Chapter 206 / Section 4030
§ 4030. Special conditions; certification
Status: in_force

(a) The Secretary is authorized to establish conditions and rules under which certain plants may be grown and certified free from virus, fungi, bacteria, or any infesting organism considered detrimental to the plant.

(b) The Secretary is authorized to issue an additional certificate, certifying that the plants were grown under special conditions or have been tested by a recognized procedure that has established them as being free from certain viruses, fungi, bacteria, or other organisms. Certification standards shall be established by the Secretary.

(c) The Secretary shall have authority to assess growers who apply for this additional certification a fee to be paid as the Secretary may direct. The amount of the fee shall not be greater than is necessary, in the judgment of the Secretary, to meet all expenses incurred in making the inspection and certification.
6 V.S.A. § 2741 — VT Code / Title 6 / Chapter 151 / Section 2741
§ 2741. Milk plants
Status: in_force

Before issuing a milk handler's license and at least twice a year thereafter, the Secretary shall inspect or cause to be inspected all milk plants as to their premises, equipment, procedures, and sanitary conditions. The Secretary may enter into reciprocal agreements with or accept the inspection reports of appropriate dairy sanitation agencies of other states, municipalities, or the federal government in lieu of inspection by the Secretary, provided their standards and administration are substantially equal to the standards established by the Secretary under the provisions of this chapter.
6 V.S.A. § 177 — VT Code / Title 6 / Chapter 21 / Section 177
§ 177. Access to buildings or places; examination
Status: in_force

The Secretary, in person or by deputy, shall have free access at all reasonable hours to any building or other place where it is reasonably believed that farm products marked, branded, or labeled in accordance with official grades established and adopted by the Secretary are being marketed or held for commercial purposes. The Secretary shall also have power, in person or by deputy, to open any bags, crates, or other containers containing the farm products and examine the contents and, upon tendering the market price, may take samples of farm products.
6 V.S.A. § 2983 — VT Code / Title 6 / Chapter 163 / Section 2983
§ 2983. Tax withholding agreement as condition for license
Status: in_force

No person shall be granted a handler's license unless he or she first agrees to withhold for the account of the State the tax imposed under this subchapter upon producers whose milk he or she has received.
6 V.S.A. § 761 — VT Code / Title 6 / Chapter 63 / Section 761
§ 761. Definitions
Status: in_force

As used in this chapter:

(1) “Camelids” has the same meaning as in section 1151 of this title.

(2) “Domestic deer” has the same meaning as in section 1151 of this title.

(3) “Equines” has the same meaning as in section 1151 of this title.

(4) “Livestock” means cattle, equines, sheep, swine, goats, camelids, domestic deer, American bison, and any other domestic animal that the Secretary deems livestock for the purposes of this chapter.

(5) “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:

(A) a federal agency, including any department, division, or authority within the agency;

(B) a nonprofit association approved by the Secretary; or

(C) 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.

(6) “Packer” means a person who is solely involved in the purchase of livestock for purpose of slaughter at the person's own slaughter facility.

(7) “Person” means any individual, partnership, unincorporated association, or corporation.

(8) “Transporter” means a person who transports livestock for remuneration and who does not buy or sell livestock. A transporter is not required to be bonded.
6 V.S.A. § 892 — VT Code / Title 6 / Chapter 67 / Section 892
§ 892. Requirements
Status: in_force

Before licensing a place of business under this chapter, the Secretary of Agriculture, Food and Markets shall be satisfied as to the condition of the building, sanitation, refrigeration, and the general safety of the stored goods under the rules and requirements that the Secretary may deem proper.
6 V.S.A. § 233 — VT Code / Title 6 / Chapter 23 / Section 233
§ 233. Establishment of grades
Status: in_force

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.
6 V.S.A. § 33 — VT Code / Title 6 / Chapter 2 / Section 33
§ 33. Assessments
Status: in_force

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.
6 V.S.A. § 2988 — VT Code / Title 6 / Chapter 163 / Section 2988
§ 2988. Referendum
Status: in_force

(a) The following percent of the itemized groups of producers and distributors may petition the Secretary for a referendum to determine whether assessments for their milk promotion program under section 2981 of this title shall continue or discontinue for their group:

(1) 25 percent of Vermont producers who are producing milk for consumption in Vermont;

(2) 15 percent of Vermont producers who are producing milk for out-of-state consumption; or

(3) 30 percent of Vermont distributors who purchase milk for retail sale in Vermont.

(b) The Secretary, upon receiving a petition for a referendum from any itemized group referred to in subsection (a) of this section, shall establish a committee of members of that group as provided in subsection (c) of this section. The committee shall direct the Secretary to send secret ballots to all producers or distributors who are members of that group and tally the results of the vote.

(c) The voting committee shall consist of the following:

(1) two members from the group referred to in subdivision (a)(1) of this section;

(2) three members from the group referred to in subdivision (a)(2) of this section; and

(3) two members from the group referred to in subdivision (a)(3) of this section.

(d) Milk producers and distributors referred to in subsection (a) shall be eligible to vote only on a referendum that relates to an assessment on a group of which they are a member. A referendum shall be considered approved by a majority of the members of that group who participate in the vote.

(e) Any time after two years from the effective date of a previous referendum vote by a particular group to continue or discontinue the assessment, members of the group as provided in subsection (a) may petition the Secretary to determine whether the assessment on that group should continue or discontinue. The referendum shall be conducted and the results determined in accordance with the provisions of this section. A referendum to recommend an assessment program should be conducted in the same manner.

(f) All administration costs associated with the referendum vote shall be assessed against the Vermont Dairy Promotion Fund.
6 V.S.A. § 5002 — VT Code / Title 6 / Chapter 216 / Section 5002
§ 5002. Vermont Farmers' Market Association membership
Status: in_force

(a) Farmers' markets in this State that meet the minimum standards and best practices set forth in subsection (b) of this section may become members of the Vermont Farmers' Market Association.

(b) The Vermont Farmers' Market Association shall:

(1) develop minimum standards and best practices for the management and use of farmers' markets in this State and shall submit them to the Agency of Agriculture, Food and Markets for recommendations;

(2) extend memberships to farmers' markets that meet the standards and best practices established under subdivision (1) of this subsection; and

(3) prepare an annual report of its activities, including a financial statement, and make the report available to the Agency of Agriculture, Food and Markets and other interested parties not later than April 1 of each year.
6 V.S.A. § 444 — VT Code / Title 6 / Chapter 30 / Section 444
§ 444. Reinspection
Status: in_force

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.
6 V.S.A. § 2679 — VT Code / Title 6 / Chapter 151 / Section 2679
§ 2679. Administrative penalties
Status: in_force

Any person who violates any provision of this chapter or any rule adopted under this chapter may be assessed an administrative penalty under section 15 of this title.
6 V.S.A. § 11 — VT Code / Title 6 / Chapter 1 / Section 11
§ 11. Administrative hearings; hearing officers
Status: in_force

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.
6 V.S.A. § 1156 — VT Code / Title 6 / Chapter 102 / Section 1156
§ 1156. Public nuisance
Status: in_force

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.
6 V.S.A. § 1160 — VT Code / Title 6 / Chapter 102 / Section 1160
§ 1160. Emergency outbreak of contagious disease
Status: in_force

In case of the outbreak within this State of some contagious disease of domestic animals, or whenever there is reason to believe that there is danger of the introduction into the State of any contagious disease prevailing among domestic animals outside the State, the Secretary may take action and adopt emergency rules as necessary to prevent the introduction or spread of the disease.
6 V.S.A. § 376 — VT Code / Title 6 / Chapter 28 / Section 376
§ 376. Detained fertilizer, beneficial substance, and lime
Status: in_force

(a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of fertilizer, beneficial substance, or lime is being distributed in violation of any of the provisions of this chapter or any of the rules under this chapter, the Secretary may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of fertilizer, beneficial substance, or lime in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of fertilizer, beneficial substance, 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.

(b) Condemnation and confiscation. Any lot of fertilizer, beneficial substance, 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, beneficial substance, or lime is located. In the event the court finds the fertilizer, beneficial substance, or lime to be in violation of this chapter and orders the condemnation of the fertilizer, beneficial substance, or lime, it shall be disposed of in any manner consistent with the quality of the fertilizer, beneficial substance, or lime and the laws of the State, provided that in no instance shall disposition of the fertilizer, beneficial substance, or lime be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer, beneficial substance, or lime or for permission to process or relabel the fertilizer, beneficial substance, or lime to bring it into compliance with this chapter.
6 V.S.A. § 373 — VT Code / Title 6 / Chapter 28 / Section 373
§ 373. Commercial value
Status: in_force

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.
6 V.S.A. § 3309 — VT Code / Title 6 / Chapter 204 / Section 3309
§ 3309. Additional prohibited acts; official devices, marks, and certificates
Status: in_force

(a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation, or any label bearing any mark or simulation, or any form of official certificate or simulation, except as authorized by the Secretary.

(b) No person shall:

(1) forge any official device, mark, or certificate;

(2) without authorization from the Secretary, use any official device, mark, or certificate, or simulation, or alter, detach, deface, or destroy any official device, mark, or certificate;

(3) contrary to the rules adopted by the Secretary, fail to use or to detach, deface, or destroy any official device, mark, or certificate;

(4) knowingly possess, without promptly notifying the Secretary or his or her representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label of any carcass of any animal, including poultry, or part or product of any animal, including poultry, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(5) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules prescribed by the Secretary; or

(6) knowingly represent that any product has been inspected and passed, or exempted under this chapter when it has not been inspected and passed, or exempted.
6 V.S.A. § 490 — VT Code / Title 6 / Chapter 32 / Section 490
§ 490. Labels
Status: in_force

(a) 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 rules 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.

(b) 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 rules 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.

(c) Labeling maple syrup as produced in Vermont. Any labeling on bulk or packaged maple syrup that indicates “State of Vermont pure maple syrup,” Vermont maple syrup, Vermont syrup, or any other words that imply that the syrup so marked was produced in Vermont shall be used exclusively upon 100 percent maple syrup that is entirely produced within the State of Vermont in compliance with the terms of this chapter and the rules adopted under this chapter.

(d) Labeling other maple products as produced in Vermont. Any labeling on all other maple products that states or implies that those products were produced in Vermont shall be used exclusively upon 100 percent pure maple products that are entirely produced within the State of Vermont in compliance with the terms of this chapter and the rules adopted under this chapter.
6 V.S.A. § 4816 — VT Code / Title 6 / Chapter 215 / Section 4816
§ 4816. Seasonal application of manure
Status: in_force

(a) Prohibition on application. A person shall not apply manure to land in the State between December 15 and April 1 of any calendar year unless authorized by this section or as authorized under an emergency exemption granted by the Secretary according to criteria set forth under the Required Agricultural Practices.

(b) Extension of prohibition. The Secretary of Agriculture, Food and Markets shall amend the Required Agricultural Practices by rule in order to establish a process under which the Secretary may prohibit the application of manure to land in the State between December 1 and December 15 and between April 1 and April 30 of any calendar year when the Secretary determines that due to weather conditions, soil conditions, or other limitations, application of manure to land would pose a significant potential of discharge or runoff to State waters.

(c) Seasonal exemption. The Secretary of Agriculture, Food and Markets shall amend the Required Agricultural Practices by rule in order to establish a process under which the Secretary may authorize an exemption to the prohibition on the application of manure to land in the State between December 15 and April 1 of any calendar year or during any period established under subsection (b) of this section when manure is prohibited from application. Any process established for the issuance of an exemption under the Required Agricultural Practices may authorize land application of manure on a weekly, monthly, or seasonal basis or in authorized regions, areas, or fields in the State, provided that any exemption shall:

(1) prohibit application of manure:

(A) in areas with established channels of concentrated stormwater runoff to surface waters, including ditches and ravines;

(B) in nonharvested permanent vegetative buffers;

(C) in a nonfarmed wetland, as that term is defined in 10 V.S.A. § 902(5);

(D) within 50 feet of a potable water supply, as that term is defined in 10 V.S.A. § 1972(6);

(E) to fields exceeding tolerable soil loss; and

(F) to saturated soils;

(2) establish requirements for the application of manure when frozen or snow-covered soils prevent effective incorporation at the time of application;

(3) require manure to be applied according to a nutrient management plan; and

(4) establish the maximum tons of manure that may be applied per acre during any one application.
6 V.S.A. § 235 — VT Code / Title 6 / Chapter 23 / Section 235
§ 235. Exemptions as to markings
Status: in_force

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.
6 V.S.A. § 551 — VT Code / Title 6 / Chapter 33 / Section 551
§ 551. Definitions
Status: in_force

(a) 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.

(b) “Grade” or “grades” means the standards for potatoes established by the U.S. Department of Agriculture and those adopted 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.
6 V.S.A. § 3028 — VT Code / Title 6 / Chapter 172 / Section 3028
§ 3028. Traffic in bees; inspection; certification
Status: in_force

A person engaged in the rearing of bees for sale shall have the person's apiary inspected by the Secretary within 45 days prior to any sale and, if any disease is found that is injurious to bees, shall at once cease to ship bees from such diseased apiary until the Secretary declares, in writing, such apiary free from all such diseases, and whenever the Secretary shall find the apiary rearing bees for sale free from disease, the Secretary shall furnish the owner with a certificate to that effect.
6 V.S.A. § 614 — VT Code / Title 6 / Chapter 35 / Section 614
§ 614. Certificates; tags for containers; shipping inspectors
Status: in_force

When the inspections are completed, the Secretary shall issue to growers whose fields qualify for certification under the adopted standards and rules 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 and rules 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.
6 V.S.A. § 4722 — VT Code / Title 6 / Chapter 211 / Section 4722
§ 4722. Farm assistance; Secretary of Agriculture, Food and Markets
Status: in_force

(a) The Secretary of Agriculture, Food and Markets shall work with existing programs and organizations to develop and implement educational opportunities for farmers to help them increase their markets through selling their products to schools, registered or licensed child care providers, and State government agencies that operate or participate in child nutrition programs.

(b) The Secretary of Agriculture, Food and Markets shall work with distributors that sell products to schools, registered or licensed child care providers, and State government agencies to increase the availability of local products. The Secretary of Agriculture, Food and Markets shall consult and cooperate with the Secretary of Education when working with distributors to schools under this subsection.
6 V.S.A. § 4810 — VT Code / Title 6 / Chapter 215 / Section 4810
§ 4810. Authority; cooperation; coordination
Status: in_force

(a) Agricultural land use practices. In accordance with 10 V.S.A. § 1259(i), the Secretary shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and shall implement and enforce agricultural land use practices in order to satisfy the requirements of 33 U.S.C. § 1329 that the State identify and implement best management practices to control nonpoint sources of agricultural waste to waters of the State. These agricultural land use practices shall be created in two categories, pursuant to subsections (b) and (c) of this section.

(b) Required Agricultural Practices. Required Agricultural Practices (RAPs) shall be management standards to be followed by all persons engaged in farming in this State. These standards shall address activities that have a potential for causing agricultural pollutants to enter the groundwater and waters of the State, including dairy and other livestock operations plus all forms of crop and nursery operations and on-farm or agricultural fairground, registered pursuant to 20 V.S.A. § 3902, livestock and poultry slaughter and processing activities. The RAPs shall include, as well as promote and encourage, practices for farmers in preventing agricultural pollutants from entering the groundwater and waters of the State when engaged in animal waste management and disposal, soil amendment applications, plant fertilization, and pest and weed control. Persons engaged in farming who are in compliance with these practices shall be presumed to not have a discharge of agricultural pollutants to waters of the State. RAPs shall be designed to protect water quality and shall be practical and cost-effective to implement, as determined by the Secretary. Where the Secretary determines, after inspection of a farm, that a person engaged in farming is complying with the RAPs but there still exists the potential for agricultural pollutants to enter the waters of the State, the Secretary shall require the person to implement additional, site-specific on-farm conservation practices designed to prevent agricultural pollutants from entering the waters of the State. When requiring implementation of a conservation practice under this subsection, the Secretary shall inform the person engaged in farming of the resources available to assist the person in implementing the conservation practice and complying with the requirements of this chapter. The RAPs for groundwater shall include a process under which the Agency shall receive, investigate, and respond to a complaint that a farm has contaminated the drinking water or groundwater of a property owner. A farmer may petition the Secretary to reduce the size of a perennial buffer or change the perennial buffer type based on site-specific conditions.

(c) Best management practices. Best management practices (BMPs) are site-specific on-farm conservation practices implemented in order to address the potential for agricultural pollutants to enter the waters of the State. The Secretary may require any person engaged in farming to implement a BMP. When requiring implementation of a BMP, the Secretary shall inform a farmer of financial resources available from State or federal sources, private foundations, public charities, or other sources, including funding from the Clean Water Fund established under 10 V.S.A. § 1388, to assist the person in implementing BMPs and complying with the requirements of this chapter. BMPs shall be practical and cost effective to implement, as determined by the Secretary, and shall be designed to achieve compliance with the requirements of this chapter. The Secretary may require soil monitoring or innovative manure management as a BMP under this subsection. Soil monitoring or innovative manure management implemented as a BMP shall be eligible for State assistance under the Clean Water Fund established under 10 V.S.A. chapter 47, subchapter 7. If a perennial buffer of trees or other woody vegetation is required as a BMP, the Secretary shall pay the farmer for a first priority easement on the land on which the buffer is located.

(d) Cooperation and coordination. The Secretary of Agriculture, Food and Markets shall coordinate with the Secretary of Natural Resources in implementing and enforcing programs, plans, and practices developed for reducing and eliminating agricultural nonpoint source pollutants and discharges from farms. The Secretary of Agriculture, Food and Markets shall cooperate with the Secretary of Natural Resources in the implementation of the federal Clean Water Act for Concentrated Animal Feeding Operations (CAFOs). The Secretary of Agriculture, Food and Markets shall implement the State's comprehensive, complementary nonpoint source program. The Secretary of Agriculture, Food, and Markets and the Secretary of Natural Resources shall coordinate regarding program administration; grant negotiation; grant sharing; implementation of the antidegradation policy including to new sources of agricultural nonpoint source pollutants, and watershed planning activities to comply with Pub. L. No. 92-500. In accordance with 10 V.S.A. § 1259(i), the Secretary of Natural Resources, in consultation with the U.S. Environmental Protection Agency and the Secretary of Agriculture, Food and Markets, shall issue a document that sets forth the respective roles and responsibilities of the Agency of Natural Resources in implementing the federal Clean Water Act on farms and the Agency of Agriculture, Food and Markets' roles and responsibilities in implementing the State's complementary nonpoint source program on farms. The document shall be consistent with and equivalent with the federal National Pollutant Discharge Elimination System permit regulations for discharges from CAFOs. The document will replace the memorandum of understanding between the agencies. The allocation of duties under this chapter between the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall be consistent with the Secretary's duties, established under the provisions of 10 V.S.A. § 1258(b), to comply with Pub. L. No. 92-500. The Secretary of Natural Resources shall be the State lead person in applying for federal funds under Pub. L. No. 92-500 but shall consult with the Secretary of Agriculture, Food and Markets during the process. The agricultural nonpoint source program may compete with other programs for competitive watershed projects funded from federal funds. The Secretary of Agriculture, Food and Markets shall be represented in reviewing these projects for funding. Actions by the Secretary of Agriculture, Food and Markets under this chapter concerning agricultural nonpoint source pollution shall be consistent with the water quality standards and water pollution control requirements of 10 V.S.A. chapter 47 and the federal Clean Water Act as amended. In addition, the Secretary of Agriculture, Food and Markets shall coordinate with the Secretary of Natural Resources in implementing and enforcing programs, plans, and practices developed for the proper management of composting facilities when those facilities are located on a farm. The Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall each develop three separate measures of the performance of the agencies under the federal Clean Water Act and State nonpoint source regulatory authority, and annually on or before January 15, the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources shall submit separate reports to the Senate Committee on Agriculture, the House Committee on Agriculture, Food Resiliency, and Forestry, the Senate Committee on Natural Resources and Energy, and the House Committee on Environment regarding the success of each agency in meeting its selected performance measures.
6 V.S.A. § 4802 — VT Code / Title 6 / Chapter 215 / Section 4802
§ 4802. Definitions
Status: in_force

As used in this chapter:

(1) “Agency” means the Agency of Agriculture, Food and Markets.

(2) “Farming” has the same meaning as used in 10 V.S.A. § 6001(22).

(3) “Good standing” means a participant in a program administered under this chapter:

(A) does not have an active enforcement violation that has reached a final order with the Secretary; and

(B) is in compliance with all terms of a current grant agreement or contract with the Agency.

(4) “Healthy soil” means soil that has a well-developed, porous structure, is chemically balanced, supports diverse microbial communities, and has abundant organic matter.

(5) “Manure” means livestock waste in solid or liquid form that may also contain bedding, spilled feed, water, or soil.

(6) “Secretary” means the Secretary of Agriculture, Food and Markets.

(7) “Top of bank” means the point along the bank of a stream where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during an annual flood event. Annual flood event shall be determined according to the Agency of Natural Resources' Flood Hazard Area and River Corridor Protection Procedure.

(8) “Waste” or “agricultural waste” means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources to be harmful to the waters of the State, including sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste; animal mortalities; compost; feed, and crop debris; waste oils; pathogenic bacteria and viruses; thermal pollution; silage runoff; untreated milk house waste; and any other farm waste as the term “waste” is defined in 10 V.S.A. § 1251(12).

(9) “Water” has the same meaning as used in 10 V.S.A. § 1251(13).

(10) “Agricultural activities” means the operation and management of an entity engaged in farming, including all those activities defined as “farming” in this chapter, “agricultural activity” in 12 V.S.A. § 5752, and all of the following:

(A) selling agricultural products at roadside stands or farm markets;

(B) the generation of noise, odors, dust, fumes, and other associated conditions;

(C) the composting of material principally produced by the farm or to be used at least in part on the farm;

(D) the ditching and subsurface drainage of farm fields and the construction of farm ponds;

(E) the handling of livestock wastes and by-products;

(F) the operation of farm machinery and equipment, including irrigation and drainage systems, pumps, and on-farm grain dryers;

(G) the movement of farm vehicles, machinery, equipment, and products and associated inputs on the roadway;

(H) field preparation, crop protection, and ground and aerial seeding and spraying;

(I) the on-site storage and application of agricultural inputs, including lime, fertilizer, organic materials, conditioners, and pesticides;

(J) the use of alternative pest management techniques;

(K) the management, storage, transport, utilization, and application of farm by-products, including manure or agricultural wastes;

(L) the expansion of farming practices or agricultural activities on a farm or the change or conversion of farming practices or agricultural activities to other farming practices or agricultural activities on a farm; and

(M) the employment, use, and housing of farm labor.
6 V.S.A. § 643 — VT Code / Title 6 / Chapter 35 / Section 643
§ 643. Enforcement
Status: in_force

(a) 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 that 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.

(b) This section shall not be construed to limit the authority of the Secretary to obtain a search warrant.
6 V.S.A. § 3031 — VT Code / Title 6 / Chapter 172 / Section 3031
§ 3031. Right of entry; impeding prohibited
Status: in_force

The Secretary or the Secretary's inspector may enter at a reasonable hour public or private premises, except private dwellings, for the purpose of enforcing the provisions of this chapter and shall have access, ingress, and egress to any apiary or place where the inspector has reason to believe bees or equipment are kept. Any person who restricts, impedes, gives false information, or hinders in any way the Secretary or the Secretary's inspectors in the discharge of the inspector's duties shall be subject to the penalties provided for in section 3035 of this title.
6 V.S.A. § 370 — VT Code / Title 6 / Chapter 28 / Section 370
§ 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer and beneficial substances
Status: repealed

(a) The Secretary shall publish on an annual basis:

(1) information concerning the distribution of fertilizers, beneficial substances, and limes; and

(2) results of analyses based on official samples of fertilizers, beneficial substances, and lime distributed within the State as compared with guaranteed analyses required pursuant to the terms of this chapter.

(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:

(A) problems faced by the waters of the State because of discharges of phosphorus;

(B) an explanation of the extent to which phosphorus exists naturally in the soil;

(C) voluntary best management practices for the use of fertilizers containing phosphorus on nonagricultural turf; and

(D) 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:

(A) conspicuous posting at the point of retail sale of fertilizer containing phosphorus, according to recommendations for how that conspicuous posting may best take place;

(B) public service announcements by means of electronic media; or

(C) other methods deemed by the Secretary to be likely to be effective.

(3) [Repealed.]
6 V.S.A. § 767 — VT Code / Title 6 / Chapter 63 / Section 767
§ 767. Possession of license; expiration date; licenses not transferable
Status: repealed

(a) 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.

(b) [Repealed.]

(c) A livestock dealer license, packer license, or transporter license shall not be transferred.
6 V.S.A. § 1461a — VT Code / Title 6 / Chapter 107 / Section 1461a
§ 1461a. Intrastate movement
Status: in_force

(a) Except as provided under subsection (b) of this section, all livestock being transported within the State shall satisfy the requirements for official identification for interstate movement under the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86, including any future amendments to the rule, prior to leaving the premises of origin, regardless of the reason for movement or duration of absence from the premises.

(b)(1) Livestock transported from the premises of origin for purposes of receiving veterinary care at a hospital in this State are exempt from the requirements of subsection (a) of this section, provided that the livestock are returned to the premises of origin immediately following the conclusion of veterinary care.

(2) The Secretary, by procedure, may waive the requirements of subsection (a) for certain types or categories of intrastate transport of livestock.

(c) Livestock and poultry that are transported to a commercial slaughter facility within the State shall not be removed from the facility without the facility's owner's first obtaining written permission from the State Veterinarian. For purposes of this section, arrival of the conveyance onto facility property and the offloading of livestock or poultry constitutes transport to a slaughter facility, regardless of whether the animals have been presented for antemortem inspection. The State Veterinarian may require inspection and testing prior to issuing consent for removal.

(d) Vermont-origin livestock and poultry that are transported to a slaughter facility outside this State shall not be removed from the facility and returned to Vermont without the facility's owner first obtaining written permission from the State Veterinarian. For purposes of this section, arrival of the conveyance onto facility property constitutes transport to a slaughter facility, regardless of whether the animals have been offloaded or presented for antemortem inspection. The State Veterinarian may require inspection and testing prior to issuing consent for removal.

(e) A person shall not transport out-of-state livestock or poultry into Vermont for slaughter or other purpose without written consent from the State Veterinarian if the livestock or poultry is classified as a suspect or a reactor by the U.S. Department of Agriculture or was exposed to livestock or poultry classified as a suspect or a reactor.
6 V.S.A. § 1162 — VT Code / Title 6 / Chapter 102 / Section 1162
§ 1162. Report of disease
Status: in_force

(a) All accredited veterinarians shall immediately report the discovery of any domestic animal within this State that is infected with, is suspected of being infected with, or has been exposed to a reportable disease as specified by this chapter. A veterinarian shall immediately report any sudden unexplained morbidity or mortality in a herd or flock located within the State. The report shall be made to the State Veterinarian and shall specify the physical address where the animal is located; identification and description of the animal; the disease or condition suspected or diagnosed; and the name, mailing address, and telephone number of the owner or person in possession of the animal.

(b) All persons operating diagnostic laboratories shall immediately report the diagnosis of any domestic animal within this State that has a reportable disease as specified by this chapter. The report shall be made to the State Veterinarian and, in addition to the information required under subsection (a) of this section, shall include a copy of the test chart pertaining to the animal in question.
6 V.S.A. § 1812 — VT Code / Title 6 / Chapter 141 / Section 1812
§ 1812. Findings and referendum
Status: in_force

In addition to the concise general statement of basis and purpose required by section 4(b) of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553(c)) the Commission shall make findings of fact with respect to:

(1) Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV.

(2) What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes.

(3) Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order.

(4) Whether the terms of the proposed regional order or amendment are approved by producers as provided in section 1813 of this compact.
6 V.S.A. § 488 — VT Code / Title 6 / Chapter 32 / Section 488
§ 488. Sampling, testing, and grading devices; certification
Status: in_force

(a) The Secretary may procure accurate sampling, testing, and grading devices in a quantity sufficient to meet the anticipated requirements under this chapter.

(b) 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.
6 V.S.A. § 1083 — VT Code / Title 6 / Chapter 85 / Section 1083
§ 1083. Duties of Secretary of Agriculture, Food and Markets; authority of landowners to use mosquito controls
Status: in_force

(a) The Secretary of Agriculture, Food and Markets may personally or through the Secretary's 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 and determine methods best adapted for mosquito or other biting arthropod abatement in the areas by drainage, habitat modification, 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 the Secretary deems necessary to provide useful information in mosquito or other biting arthropod abatement.

(4) Make the results of the Secretary's surveys, investigations, and studies available to the Department of Health or relevant select board members, or mayors and shall do so also upon request, shall make those results available to any organizations or individuals interested in mosquito or other biting arthropod surveillance 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. 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.

(b) Notwithstanding any provisions of law to the contrary, a landowner may use a properly registered mosquito control pesticide for mosquito control on the landowner's land without obtaining a permit, provided that the Secretary designates it as an acceptable control product for this purpose and the landowner complies with all requirements on the label of the product.
6 V.S.A. § 443 — VT Code / Title 6 / Chapter 30 / Section 443
§ 443. Rules; hearing; inspections
Status: in_force

(a) The Secretary may, after public hearing, revise rules and adopt additional rules for such operations, including temperature control, sanitation, and other matters.

(b) 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.
6 V.S.A. § 552 — VT Code / Title 6 / Chapter 33 / Section 552
§ 552. Application of chapter
Status: in_force

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 provided in this chapter.
6 V.S.A. § 232 — VT Code / Title 6 / Chapter 23 / Section 232
§ 232. Application of chapter
Status: in_force

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 provided for in this chapter.
6 V.S.A. § 681 — VT Code / Title 6 / Chapter 37 / Section 681
§ 681. Definitions
Status: in_force

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:

(A) that 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

(B) that 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.
6 V.S.A. § 1820 — VT Code / Title 6 / Chapter 141 / Section 1820
§ 1820. Entry into force; additional members
Status: in_force

The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia, and when the consent of Congress has been obtained. This compact shall also be open to states that are contiguous to any of the named states and open to states that are contiguous to participating states.
6 V.S.A. § 2743 — VT Code / Title 6 / Chapter 151 / Section 2743
§ 2743. Dairy laboratories
Status: in_force

(a) The Secretary shall, at least annually, inspect or cause to be inspected all premises where dairy products are tested to determine the basis of payment or acceptance. Each handler shall notify the Secretary of the place in which tests of a producer's dairy products are conducted. Such tests shall be performed only by licensed technicians. Approved dairy laboratories located outside Vermont are exempt from this inspection.

(b) The Secretary shall at least annually inspect all in-state dairy laboratories and those out-of-state dairy laboratories not approved by the National Conference on Interstate Milk Shipments, and if qualified, they shall be approved by the Secretary.

(c) In the event that an approved dairy laboratory in which tests are made does not comply with the provisions of this part or rules adopted under this part, the Secretary may forbid its use until subsequent inspection indicates compliance.

(d) In case the producer's milk is transported from the farm to a milk plant in another state, the samples shall be tested in an approved dairy laboratory.
6 V.S.A. § 2677 — VT Code / Title 6 / Chapter 151 / Section 2677
§ 2677. Fluid dairy products for livestock feed
Status: in_force

A milk plant or handler shall not dispense or deliver fluid dairy products other than whey for livestock feed, including poultry, except under rules as may be adopted by the Secretary.
6 V.S.A. § 4824 — VT Code / Title 6 / Chapter 215 / Section 4824
§ 4824. State financial assistance awards
Status: in_force

(a) State grant. State financial assistance awarded under this subchapter shall be in the form of a grant. When a State grant is intended to match federal financial assistance for the same on-farm improvement project, the State grant shall be awarded only when the federal financial assistance has also been approved or awarded. An applicant for a State grant shall pay at least 10 percent of the total eligible project cost. The dollar amount of a State grant shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a State grant shall not exceed 90 percent of the total eligible project cost.

(b) Grant terms. A State grant awarded to an applicant under this subchapter shall be awarded in accordance with a State grant containing terms substantially the same as those required for receipt of a federal award for the same purpose from the U.S. Department of Agriculture, except as provided by the Secretary by rule.
6 V.S.A. § 253a — VT Code / Title 6 / Chapter 24 / Section 253a
§ 253a. Vermont agricultural commodity marketing boards
Status: in_force

(a) 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.

(b) 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 adopted.

(c) 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.

(d) 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.

(e) 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.
6 V.S.A. § 2937 — VT Code / Title 6 / Chapter 161 / Section 2937
§ 2937. Periodic report
Status: in_force

The Commission may report as needed on its activities to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture.
6 V.S.A. § 1035 — VT Code / Title 6 / Chapter 84 / Section 1035
§ 1035. Permits
Status: in_force

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.
6 V.S.A. § 1475 — VT Code / Title 6 / Chapter 107 / Section 1475
§ 1475. Rulemaking
Status: in_force

The Secretary may adopt rules to carry out the provisions of this chapter.
6 V.S.A. § 928 — VT Code / Title 6 / Chapter 81 / Section 928
§ 928. Foreign exports
Status: in_force

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.
6 V.S.A. § 926 — VT Code / Title 6 / Chapter 81 / Section 926
§ 926. Penalties
Status: in_force

(a) 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.

(b) 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.

(c) 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.
6 V.S.A. § 1470 — VT Code / Title 6 / Chapter 107 / Section 1470
§ 1470. Records
Status: in_force

(a) A commercial slaughter facility operating in the State shall maintain and retain for three years records of the number of animals slaughtered at the facility, the physical address of origination of each animal, the date of slaughter of each animal, and all official identification numbers of slaughtered animals. A commercial slaughterhouse shall make the records required under this subsection available to the Agency upon request.

(b) Records produced or acquired by the Secretary under this chapter shall be available to the public for inspection and copying, except that:

(1) the Secretary may withhold from inspection and copying records that are confidential under federal law; and

(2) the Secretary may withhold or redact a record to the extent needed to avoid disclosing directly or indirectly the identity of individual persons, households, or businesses.
6 V.S.A. § 2904 — VT Code / Title 6 / Chapter 159 / Section 2904
§ 2904. Action to enforce lien
Status: in_force

Not less than 30 nor more than 90 days from the time of filing the notice of lien, the producer may commence an action to perfect his or her lien. The action shall be commenced by causing the real estate or other property against which the lien is claimed to be attached as upon mesne process. Any producer who has duly recorded a notice of lien against the property prior to the commencement of such action may join in the suit. All items perfected by the suit shall be paid pro rata if the property of the handler is not sufficient to pay them in full.
6 V.S.A. § 2924 — VT Code / Title 6 / Chapter 161 / Section 2924
§ 2924. Powers and duties; pricing authority; public hearings
Status: in_force

(a) Authority over milk prices. The Commission may establish an equitable minimum or maximum price, or both, and the manner of payments, which shall be paid producers or associations of producers by handlers, and the prices charged consumers and others for milk used in dairy products by distributors or handlers. The cost of the contracts and employment pursuant to section 2923 of this title and of administering the collection and distribution of monies collected under this section shall not exceed $100,000.00 annually and may be collected independently from any assessment imposed under this section. The Commission may impose an assessment to cover the initial costs of establishing a pricing order as authorized by this section.

(b) Equitable minimum producer prices. The Commission may establish by order after notice and hearing an equitable minimum price to be paid to dairy producers for milk produced in Vermont on the basis of the use thereof in the various classes, grades, and forms. Prices so established that exceed federal order prices shall be collected by the Commission from the handlers for distribution to dairy producers as a blend price.

(c) Public hearings. In order to be informed of the status of the State's dairy industry, the Commission shall hold a public hearing at least annually, when directed by the General Assembly, and whenever the chair deems it necessary.

(d) Voluntary payments. The Commission may accept voluntary premium payments for distribution to dairy farmers as a blend price.

(e) Premiums on handlers and distributors for milk used in dairy products sold at retail in Vermont. The Commission may assess a premium on handlers and distributors for milk used in dairy products sold at retail in Vermont. The premiums assessed and received shall be paid to the State Treasury and deposited in the special fund established pursuant to section 2938 of this chapter. The proceeds of the premium shall be distributed to dairy producers as a blend price. Any applicable provision of subsections 2925(b)-(f) of this title shall apply to the assessment of such premiums. In assessing these premiums, the Commission shall also take into account any similar assessments made by other states.

(f) Payment Statements. Payment statements provided to producers of cows' milk shall include in the payment statement the national support price, the Boston, Massachusetts price, the producer price differential, and the amount per hundredweight of any charges or deductions where applicable. The format shall be provided with clear language and with no abbreviations, except where the abbreviation is spelled out elsewhere in the statement.
6 V.S.A. § 1466 — VT Code / Title 6 / Chapter 107 / Section 1466
§ 1466. Exceptions
Status: in_force

Nothing in sections 1461-1465 of this title shall be construed to apply to the transportation of domestic animals through the State, provided that the animals are not offloaded within the State and the premises of the consignee are not within the State.
6 V.S.A. § 2964a — VT Code / Title 6 / Chapter 162 / Section 2964a
§ 2964a. Spring or artesian water; labels
Status: in_force

(a) A bottler of spring or artesian water may apply to the Secretary of Agriculture, Food and Markets for a specially designated identification label to indicate that the water originated and was bottled in Vermont and that it complies with any quality requirements adopted by the Agency. The bottler requesting the labels shall annually pay a minimum fee of $20.00 and the cost of all labels requested. The bottler shall also obtain approval from the Department of Environmental Conservation under 10 V.S.A. § 1673 to qualify for a label under this subsection.

(b) The labels provided for in this section shall be designed and issued by the Agency of Agriculture, Food and Markets and shall not be similar to the labels issued under section 2964 of this title.

(c) Funds received under this section shall be retained by the Agency for administration of this section in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5.

(d) A person who fraudulently utilizes the labels issued under this section, who willingly allows another to use the labels fraudulently, or who applies the labels to water that does not meet quality standards adopted by the Secretary shall be fined not more than $500.00 for each offense. In the case of a continuing violation, each day the offense continues shall constitute a separate offense, with the maximum amount of fine assessed not to exceed $10,000.00 per violation.
6 V.S.A. § 201 — VT Code / Title 6 / Chapter 22 / Section 201
§ 201. Labeling of irradiated foods
Status: in_force

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 that indicate pursuant to federal law that they have been subjected to an irradiation process shall be labeled “Treated with radiation” or “Treated by irradiation.”
6 V.S.A. § 2927 — VT Code / Title 6 / Chapter 161 / Section 2927
§ 2927. Interstate conferences and compacts
Status: in_force

The Commission shall have power to confer and agree with legally constituted similar boards or authorities of other states, or agencies of the federal government, and to adopt necessary rules to effect a uniformity in regulation and ensure an adequate and proper supply of fluid dairy products in Vermont; also to confer with similar boards or other authorities of other states or of the United States with respect to uniform milk control of milk produced in this State and handled in interstate commerce and may exercise all the powers set forth in this section for such purpose as well as, but not limited by, the following powers:

(1) To conduct joint investigations and hearings and to issue joint or concurrent orders or enter into agreements or compacts subject to congressional approval and amendments to agreements or compacts. Also to employ or designate a joint agent or agencies to enforce such order or compacts. No such compact or order or any amendment to such order shall be effective, however, until the Commission finds that it is approved by two- thirds of the producers of this State whose milk is consumed in whole or in part in an area designated by the compact.

(2) To make rules and orders and prescribe procedures for ascertaining approval of producers, where required, by stipulation, direct referendum, or otherwise as the commission may determine.

(3) To require payment by handlers of their pro rata shares of the expenses involved in the operation of such order or compact.

(4) To provide for classification of milk in accordance with the form in which it is used or moved with uniform minimum prices or methods of fixing such prices for each class; for payment to all producers and associations of producers delivering milk to handlers of uniform prices irrespective of the use made by the handler to whom delivered, subject to adjustments for grade, location, and butterfat content; for adjustment by the handlers with the joint agent in order to ensure uniformity in and equalization of prices as between producers and handlers; compensation for services to producers; and to make such joint rules by compact or otherwise as may be incidental to the foregoing and not inconsistent thereto and as may be necessary to effectuate the powers enumerated in this section.
6 V.S.A. § 927 — VT Code / Title 6 / Chapter 81 / Section 927
§ 927. Exceptions from penalties
Status: in_force

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:

(A) 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

(B) 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.
6 V.S.A. § 2728 — VT Code / Title 6 / Chapter 151 / Section 2728
§ 2728. Manufacturing grade goat milk
Status: in_force

(a) “Manufacturing grade goat milk” is goat milk other than Grade A goat milk produced and distributed according to the Grade A Pasteurized Milk Ordinance.

(b) The maximum somatic cell count for manufacturing grade goat milk shall not exceed 1,500,000 per milliliter.
6 V.S.A. § 4830 — VT Code / Title 6 / Chapter 215 / Section 4830
§ 4830. Agricultural Environmental Management Program
Status: in_force

(a) The Agricultural Environmental Management Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State financial assistance to alternatively manage their farmstead, cropland, and pasture in a manner that will address identified water quality concerns that, traditionally, would have been wholly or partially addressed through federal, State, and landowner investments in BMP infrastructure, in agronomic practices, or both. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program:

(1) conservation easements;

(2) land acquisition;

(3) farm structure decommissioning;

(4) site reclamation; or

(5) issue a grant as an in-lieu payment not to exceed $200,000.00 as an alternative to the best management practice program implementation to otherwise address the same conservation issues for an equivalent or longer term.

(b) The Agency of Agriculture, Food and Markets shall use funds available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers, provided that the Agency may use capital funds to provide financial assistance for practices approved under subdivisions (a)(1)-(4) of this section if the practice is:

(1) performed in conjunction with a term agreement of not less than 15 years in duration or a permanent easement protecting the investment; and

(2) abating a water quality resource concern on a farm.

(c) The Agency may use capital funds to provide financial assistance for a practice approved under subdivision (a)(5) of this section only upon the approval of the State Treasurer.
6 V.S.A. § 2722a — VT Code / Title 6 / Chapter 151 / Section 2722a
§ 2722a. Hearings and action upon applications
Status: in_force

(a) Upon receipt of an application for a milk handler's license the Secretary shall examine it. If the application is deficient the Secretary shall so notify the applicant and return the application together with one-half of the application fee within 30 days of the receipt of the application. If the application is not deficient, the Secretary shall publish notice of the application in one or more publications of general circulation within the State's dairy community at the applicant's expense. The Secretary shall also publish notice of the handler's application on the Agency's website. An interested party shall have 14 calendar days from the date of publication to request a hearing on the application. The Secretary shall grant a request for a hearing when an interested party can demonstrate a reasonable belief that the applicant will not promote the general good of the dairy industry and the consuming public pursuant to Vermont rule 20-021-001 adopted by the Agency of Agriculture, Food and Markets. Where such a showing is made, a hearing shall be held within 60 days of receipt of the request. In the absence of such a showing or where no request for a hearing is received, the Secretary may hold a hearing at his or her discretion.

(b) In the event a hearing is convened, the hearing shall be held in central Vermont unless requested by the applicant to be in the specific area where the applicant will be located. Additional hearings may be held at the discretion of the Secretary.

(c) In the case of a renewal application, a hearing in the discretion of the Secretary may be held at Montpelier, or, in the discretion of the Secretary, may be waived.

(d) The Secretary shall act upon applications within 30 days of the hearing, or if the hearing in the case of a renewal application has been waived, within 60 days of receipt of the renewal application. If the Secretary denies the license, he or she shall set forth his or her reasons.

(e) Any applicant whose application has been denied shall have the right to judicial review of the Secretary's decision in the Superior Court. The proceeding before the Superior Court shall be de novo, and the applicant may demand trial by jury. Appeals from the Superior Court may be taken to the Vermont Supreme Court pursuant to the Vermont Rules of Appellate Procedure.
6 V.S.A. § 984 — VT Code / Title 6 / Chapter 83 / Section 984
§ 984. Compact Administrator
Status: in_force

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.
6 V.S.A. § 4850 — VT Code / Title 6 / Chapter 215 / Section 4850
§ 4850. Definitions
Status: in_force

As used in this subchapter:

(1) “Domestic fowl” means laying-hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl.

(2) “Livestock” means cattle, mature cow/calf pairs, youngstock, heifers, bulls, swine, sheep, goats, horses, or any other number and type of domestic animal that the Secretary deems livestock.
6 V.S.A. § 1469 — VT Code / Title 6 / Chapter 107 / Section 1469
§ 1469. Penalties-illegal importation
Status: in_force

(a) A person engaged in a commercial enterprise who violates a provision of this chapter, the rules adopted this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter may be assessed an administrative penalty under section 15 of this title.

(b) The Secretary may seek a temporary or permanent injunction to enforce the provisions of this chapter, the rules adopted under this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter.

(c) The Secretary may suspend or revoke a license issued under chapter 63 of this title for a violation of this chapter, the rules adopted under this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter in accordance with the provisions of the Administrative Procedure Act, 3 V.S.A. chapter 25.
6 V.S.A. § 4724 — VT Code / Title 6 / Chapter 211 / Section 4724
§ 4724. Food Systems Administrator
Status: in_force

(a) The position of Food Systems Administrator is established in the Agency of Agriculture, Food and Markets for the purpose of assisting Vermont producers in increasing their access to commercial markets and institutions, including schools, registered or licensed child care providers, State and municipal governments, and hospitals.

(b) The duties of the Food Systems Administrator shall include:

(1) working with institutions, schools, the Agency of Education, registered or licensed child care providers, distributors, producers, commercial markets, and others to create matchmaking opportunities that increase the number of Vermont institutions that purchase foods grown or produced in Vermont;

(2) coordinating funding and providing support to the farm-to-school and farm-to-institutions programs within the Agency of Agriculture, Food and Markets, and coordinating with interested parties to access funding or create matchmaking opportunities across the supply chain that increase participation in those programs;

(3) encouraging and facilitating State employee access and awareness of opportunities for purchasing local food, including enrollment in a local community supported agriculture (CSA) organization, purchasing from local farm stands, and participation in a farmers' market;

(4) developing a database of producers and potential purchasers and enhancing the Agency's and partners' ability to improve and support local foods coordination through the use of information technology; and

(5) providing technical support to local communities with their food security efforts.

(c) The Food Systems Administrator, working with the Commissioner of Buildings and General Services pursuant to rules adopted under 29 V.S.A. § 152(a)(14), shall:

(1) encourage and facilitate awareness of and opportunities to procure healthy local foods by State employees through the use of approved advertisements and solicitations on State-owned property; and

(2) implement guidelines for the appropriate use of State property for employee participation in CSA organizations, including reasonable restrictions on the time, place, and manner of solicitations, advertisements, deliveries, and related activities to ensure the safety and welfare of State property and its occupants.

(d) The Food Systems Administrator shall administer a local foods grant program, the purpose of which shall be to provide grants to allow Vermont producers to increase their access to commercial and institutional markets.
6 V.S.A. § 1 — VT Code / Title 6 / Chapter 1 / Section 1
§ 1. General powers of Agency; Secretary of Agriculture, Food and Markets
Status: repealed

(a) 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.

(15) Notwithstanding any law to the contrary in this title, Title 9, or Title 20, whenever the Secretary is required or authorized to serve any person or entity by any means, including by personal service or certified mail, the Secretary may deliver service by electronic mail, provided that the Secretary proves receipt of service or the person or entity agrees to accept electronic service. The Secretary may prove receipt of service whenever the person or entity acknowledges receipt or otherwise responds in a manner that demonstrates actual service. Proof of service may not be solely demonstrated by an automated electronic read receipt message. Any person or entity may agree to accept service through electronic mail by written consent. The agreement to accept electronic mail service may be communicated through electronic mail and need not be signed.

(b) 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; and

(3) the Vermont Dairy Industry Council.

(4) [Repealed.]

(c) 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; and

(5) other ways to create incentives for carbon sequestration on farm and forestland, Vermont's “green bank.”

(d) 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.
6 V.S.A. § 1815 — VT Code / Title 6 / Chapter 141 / Section 1815
§ 1815. Records, reports, access to premises
Status: in_force

(a) The Commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the Commission is authorized to examine the books and records of any regulated person relating to his or her milk business, and for that purpose, the Commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.

(b) Information furnished to or acquired by the Commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the Commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the Commission. The Commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the Commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.

(c) No officer, employee, or agent of the Commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall upon conviction be subject to a fine of not more than $1,000.00 or to imprisonment for not more than one year, or to both, and shall be removed from office. The Commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or U.S. Attorney.
6 V.S.A. § 4981 — VT Code / Title 6 / Chapter 215 / Section 4981
§ 4981. Agricultural Water Quality Training
Status: in_force

(a) On or before July 1, 2016, as part of the revisions of the Required Agricultural Practices, the Secretary of Agriculture, Food and Markets shall adopt by rule requirements for training classes or programs for owners or operators of small farms, medium farms, or large farms certified or permitted under this chapter regarding:

(1) the prevention of discharges, as that term is defined in 10 V.S.A. § 1251(3); and

(2) the mitigation and management of stormwater runoff, as that term is defined in 10 V.S.A. § 1264, from farms.

(b) Any training required under this section shall address:

(1) the existing statutory and regulatory requirements for operation of a large, medium, or small farm in the State;

(2) the management practices and technical and financial resources available to assist in compliance with statutory or regulatory agricultural requirements;

(3) the land application of manure or nutrients, methods or techniques to minimize the runoff of land-applied manure or nutrients to waters of the State, and identification of weather or soil conditions that increase the risk of runoff of land-applied manure or nutrients to waters of the State; and

(4) standards required for nutrient management, including nutrient management planning.

(c) The Secretary shall include the training required by this section as a condition of a large farm permit, medium farm permit, or small farm certification required under this chapter. The Secretary may phase in training requirements under this section based on farm size, permit or certification category, or available staffing. On or before July 1, 2017, the Secretary shall establish a schedule by which all owners or operators of small farms, medium farms, or large farms shall complete the training required by this section.

(d) The Secretary may approve or authorize the training required by this section to be conducted by other entities, including the University of Vermont Extension Service and the natural resources conservation districts.

(e) The Secretary shall not charge the owner or operator of a large, medium, or small farm for the training required by this section. The Secretary shall pay for the training required under this section from funds available to the Agency of Agriculture, Food and Markets for water quality initiatives.
6 V.S.A. § 2881 — VT Code / Title 6 / Chapter 157 / Section 2881
§ 2881. Conditions and amount; failure to file
Status: in_force

(a) Except as provided in section 2882 of this title, no handler shall purchase milk from a Vermont producer or milk cooperative, either directly or through a marketing service owned by one or more cooperatives, and the Secretary shall not issue a handler's license, unless the handler furnishes the Secretary a good and sufficient surety bond, executed by a surety company duly authorized to transact business in this State in an amount equal to 50 percent for all species other than cattle, and 100 percent for cattle, of the maximum amount due all milk producers in the State who sold milk to the handler for a 41-day period during the previous 12 months. The Secretary may accept, in lieu of such bond, a guaranteed irrevocable letter of credit. The bonds shall be taken for the benefit of Vermont milk producers and milk cooperatives in this State. At any time in the Secretary's discretion, the Secretary may require the handler to file detailed statements of the business transacted by them in this State and at any time may require them to give such additional bonds as he or she deems necessary. If the handler refuses or neglects to file the detailed statements or to give bonds required by the Secretary, the Secretary may suspend the license of the handler until he or she complies with the Secretary's orders. The Secretary shall report to the Attorney General the name of any handler doing business in this State without a license, or after suspension of its license by the Secretary, and the Attorney General shall bring injunction proceedings against the handler. Renewals of bonds specified in this section shall be furnished the Secretary 60 days before the effective date of the bond. If the handler fails to file the bonds as required, the Secretary shall publish the name of the handler in four newspapers of general circulation in the State for a period of three consecutive days and notify, by registered mail, producers supplying the handler.

(b) A milk cooperative that sells milk from a Vermont producer either directly or through a marketing service owned by one or more cooperatives shall file a monthly detailed report that states where the milk from each bulk tank unit served is sold and shall specify the volume of milk that is sold by Vermont cooperative members and independent producers who market their milk through a milk cooperative either directly or through a marketing service owned by one or more cooperatives.
6 V.S.A. § 2675 — VT Code / Title 6 / Chapter 151 / Section 2675
§ 2675. Distributors
Status: in_force

All distributors in any market specified by the Commission as one in which it is in the public interest to regulate the supply, production, and quality of milk, shall keep such records and make such reports as the Commission may reasonably require. All other distributors shall keep such records and make such reports as the Commission may reasonably require to keep it informed at all times as to the adequacy of such supply, production, and quality of milk. Any member of the Commission or its representative shall have access to and may enter and examine, at all reasonable hours, all places where milk is produced, handled, distributed, or sold and examine all books and records kept.
6 V.S.A. § 2724 — VT Code / Title 6 / Chapter 151 / Section 2724
§ 2724. Technicians' licenses
Status: in_force

(a) Any person who performs any tests, or determines weight or volume of dairy products where such determinations are used as a basis of payment or acceptance, shall hold an appropriate license or licenses issued by the Secretary, which may be revoked for cause after giving the technician the opportunity to be heard. Out-of-state laboratories that are NCIMS listed are exempt from the licensing requirement. Before issuing a license, the Secretary shall determine that the applicant is qualified to perform the service stated in the license. Different licenses may be issued for different services. The applicant shall pay the Secretary $20.00 for each examination. The initial license fee is $30.00. Licenses shall expire on June 30. After July 1, 2011, licenses shall be renewed by July 1 of each year when due. Licenses shall be issued for a period of three years. Licenses are renewable upon payment of a fee of $30.00. Licenses issued from July 2 to December 31 of each year shall be considered as if issued on the preceding July 1 for expiration purposes. Licenses issued from January 1 to June 30 shall be considered as if issued on the following July 1. There shall be a $25.00 late fee for each license not renewed by its due date, and the license shall lapse after it is late for 30 days. The holder of a license that has been lapsed more than 60 days shall retake any examination needed for a new license. License renewals shall be submitted 30 days prior to the renewal date to allow for processing of the licenses. Licenses not processed within 30 days of receipt shall automatically receive an extension of their current license until it is processed.

(b) Any commercial enterprise that sells, installs, or repairs milking, milk cooling and storage, or dairy processing equipment shall register with the Secretary. The company shall apply for registration on a form made available by the Agency. The registration shall be valid for three years. Before registering a company, the Secretary shall determine that the company is qualified to sell, perform the installation, or repair milking and dairy processing equipment. The registration form shall be accompanied by a fee of $150.00. The Secretary may suspend or revoke registration for cause after giving the installer the opportunity to be heard. Registration shall terminate on December 31 of each year. Electricians or plumbers licensed pursuant to Title 26 doing only electrical or plumbing work within a farm or plant shall be exempt from this registration provided any work directly related to the processing of dairy products or milking of animals is performed under the supervision of a person that is registered.
6 V.S.A. § 494 — VT Code / Title 6 / Chapter 32 / Section 494
§ 494. Containers and equipment; rules; manufacturer certification required if plastic resin used
Status: in_force

(a) Applicability. This section shall apply to all containers and equipment that come into contact with maple sap, maple syrup, or maple products, 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.

(b) Sanitary requirements. Containers and equipment used for packaging maple products shall be clean and sanitary at the time of packing.

(c) Container size. 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 that may damage the color or flavor of maple syrup.

(d) 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 that 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 adopt these rules.

(e) Plastic resin. New containers and new equipment that 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.

(f) Statutory certification. Containers and equipment that 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.

(g) Duty to acquire certification. Any person who sells or conveys ownership of containers or new equipment that 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.

(h) Manufacturer certification. After January 1, 1998, all manufacturers of new containers or new equipment made from plastic and that 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.

(i) Penalty. Any person who violates this section or any applicable rule may be assessed an administrative penalty under section 15 of this title.
6 V.S.A. § 791 — VT Code / Title 6 / Chapter 64 / Section 791
§ 791. Definitions
Status: in_force

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.
6 V.S.A. § 3036 — VT Code / Title 6 / Chapter 172 / Section 3036
§ 3036. Monitoring of pollinator health
Status: in_force

The Secretary of Agriculture, Food and Markets shall monitor managed pollinator health to establish pollinator health benchmarks for Vermont, including:

(1) presence of pesticides in hives;

(2) mite pressure;

(3) disease pressure;

(4) mite control methods;

(5) genetic influence on survival;

(6) winter survival rate; and

(7) forage availability.
6 V.S.A. § 983 — VT Code / Title 6 / Chapter 83 / Section 983
§ 983. Filing of bylaws and amendments
Status: in_force

Pursuant to section 981 of this title, Article IV(h) of the compact, copies of bylaws and amendments shall be filed with the Agency of Agriculture, Food and Markets.
6 V.S.A. § 16 — VT Code / Title 6 / Chapter 1 / Section 16
§ 16. Notice and fair hearing requirements
Status: in_force

(a) 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.

(b) 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.

(c) 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.
6 V.S.A. § 2933 — VT Code / Title 6 / Chapter 161 / Section 2933
§ 2933. Appeal to Supreme Court
Status: in_force

When any application for a rehearing is denied, or if the applicant is aggrieved at the decision on rehearing, the applicant may appeal to the Supreme Court.
6 V.S.A. § 171 — VT Code / Title 6 / Chapter 21 / Section 171
§ 171. Establishment of grades and standards
Status: in_force

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 that are produced for sale in this State and, from time to time, may amend or modify such grades and standards.
6 V.S.A. § 3132 — VT Code / Title 6 / Chapter 201 / Section 3132
§ 3132. Prohibition
Status: in_force

No slaughterer, packer, or stockyard operator may bleed or slaughter livestock except by a humane method. The use of a manually operated hammer, sledge, poleax, or similar instrument is not a humane method within the meaning of this chapter.
6 V.S.A. § 564 — VT Code / Title 6 / Chapter 34 / Section 564
§ 564. State Hemp Program; registration; application; administration
Status: in_force

(a) The Secretary may establish and administer a State Hemp Program to regulate the growing, processing, testing, or marketing of hemp and hemp products in the State.

(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:

(A) the name and address of the person applying for or renewing a registration;

(B) whether the person is applying to grow, process, or test hemp or hemp products;

(C) for a person applying as a grower:

(i) the location and acreage of all parcels where hemp will be grown; and

(ii) 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;

(D) for a person applying as a processor, the location of the processing site;

(E) 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

(F) 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.

(c) 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 (b) 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.

(d) 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 hemp.

(e) 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 hemp.

(f) 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.
6 V.S.A. § 4815 — VT Code / Title 6 / Chapter 215 / Section 4815
§ 4815. Waste storage facility
Status: in_force

(a) No person shall construct a new waste storage facility or expand or modify a waste storage facility in existence on July 1, 2006 unless the facility meets the standard established for such facilities by the Natural Resources Conservation Service of the U.S. Department of Agriculture or an equivalent standard. If an equivalent design standard is used, the design and construction shall be certified by the Secretary of Agriculture, Food and Markets or a licensed professional engineer operating within the scope of the engineer's expertise.

(b) The Secretary may require the owner or operator of a waste storage facility in existence on July 1, 2006 to modify the facility to meet the standard set forth in subsection (a) of this section if the facility poses a threat to human health or the environment. If the Secretary determines that a facility that meets the standard set forth in subsection (a) of this section poses a threat to human health or the environment, the Secretary may require the owner or operator of the facility to implement additional management measures.

(c) If the Secretary suspects that a waste storage facility may be contaminating groundwater, the Secretary shall pay the costs of any initial groundwater monitoring to determine whether a facility poses a threat to human health or the environment. Within 21 days after a determination under this subsection that a facility poses a threat to human health or the environment because of apparent violation of the Groundwater Protection Standards, the Secretary of Agriculture, Food and Markets shall notify the Department of Health and the Secretary of Natural Resources of the location of the facility and the name of its owner or operator.

(d) As used in this section, “waste storage facility” means an impoundment made for the purpose of storing agricultural waste by constructing an embankment, excavating a pit or dugout, fabricating an inground and aboveground structure, or any combination thereof.
6 V.S.A. § 322 — VT Code / Title 6 / Chapter 26 / Section 322
§ 322. Enforcing official
Status: in_force

This chapter shall be administered by the Secretary of Agriculture, Food and Markets or his or her designee, hereafter referred to as the “Secretary.”
6 V.S.A. § 4859 — VT Code / Title 6 / Chapter 215 / Section 4859
§ 4859. Public notice and hearing
Status: in_force

The Secretary shall issue public notices and conduct public hearings regarding the issuance of general or individual permits under this subchapter consistent with the requirements set forth in 40 C.F.R. Part 124.
6 V.S.A. § 180 — VT Code / Title 6 / Chapter 21 / Section 180
§ 180. Additional authority
Status: in_force

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.
6 V.S.A. § 1802 — VT Code / Title 6 / Chapter 141 / Section 1802
§ 1802. Definitions
Status: in_force

For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:

(1) “Commission” means the Commission established by this compact.

(2) “Compact” means this Interstate Compact.

(3) “Region” means the territorial limits of the states which are or become parties to this compact.

(4) “Participating state” means a state which has become a party to this compact by the enactment of concurring legislation.

(5) “Regulated area” means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order.

(6) “Pool plant” means any milk plant located in a regulated area.

(7) “Partially regulated plant” means a milk plant not located in a regulated area but having Class I distribution within such area, or receipts from producers located in such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein.

(8) “Compact over-order price” means a minimum price required to be paid to producers for Class I milk established by the Commission in regulations adopted pursuant to sections 1810 and 1811 of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the Commission.

(9) “Commission marketing order” means regulations adopted by the Commission pursuant to sections 1810 and 1811 of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the Commission. Such order may establish minimum prices for any or all classes of milk.

(10) “Milk” means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the Commission for regulatory purposes.

(11) “Class I milk” means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subsection (b) of section 1803 of this compact.

(12) “State dairy regulation” means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order or otherwise.
6 V.S.A. § 4032 — VT Code / Title 6 / Chapter 206 / Section 4032
§ 4032. Cooperation with other government agencies
Status: in_force

The Secretary may enter into agreements or programs with other government agencies to allow movement of nursery stock or to implement federal or State quarantines as the Secretary deems necessary or are required under federal or State law.
6 V.S.A. § 986 — VT Code / Title 6 / Chapter 83 / Section 986
§ 986. Credit for expenditures
Status: in_force

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.
6 V.S.A. § 792 — VT Code / Title 6 / Chapter 64 / Section 792
§ 792. Establishment of Livestock Care Standards Advisory Council
Status: in_force

(a) 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:

(A) a person with knowledge of food safety and food safety regulation in the State;

(B) a person from a statewide organization that represents the beef industry;

(C) a Vermont licensed livestock or poultry veterinarian;

(D) a representative of an agricultural department of a Vermont college or university;

(E) a representative of the Vermont slaughter industry; and

(F) a representative of the Vermont livestock dealer, hauler, or auction industry;

(4) the following three members appointed by the Committee on Committees:

(A) a producer of species other than bovidae;

(B) an operator of a medium farm or large farm permitted by the Agency; and

(C) a professional in the care and management of equines and equine facilities; and

(5) the following three members appointed by the Speaker of the House:

(A) an operator of a small Vermont dairy farm;

(B) a representative of a local humane society from Vermont and organized under State law; and

(C) 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.

(b) 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.

(c) With the concurrence of the Chair, the Council may use the services and staff of the Agency in the performance of its duties.
6 V.S.A. § 4602 — VT Code / Title 6 / Chapter 207 / Section 4602
§ 4602. Good Agricultural Practices Grant Program
Status: in_force

(a) A Good Agricultural Practices Grant Program (GAP) is established in the Agency of Agriculture, Food and Markets for the purpose of providing matching grant funds to agricultural producers whose markets require them to obtain or maintain GAP certification.

(b) The Secretary may award matching grants for capital upgrades that will support Vermont agricultural producers in obtaining GAP certification. The amount of matching funds required by an applicant for a GAP certification grant shall be determined by the Secretary.

(c) An applicant may receive no more than 10 percent of the total funds appropriated for the Program in a fiscal year.
6 V.S.A. § 2812 — VT Code / Title 6 / Chapter 153 / Section 2812
§ 2812. False, misleading, or fraudulent statements
Status: in_force

No false, misleading, or fraudulent statement shall appear on a retail package, display material, or advertising connected therewith. The words dairy, milk, cream, dairy farm, cow, and all words or pictures of similar connotation shall not be used on packages of imitation dairy products, products in semblance of dairy products, or in the display material or advertising connected therewith.
6 V.S.A. § 4021 — VT Code / Title 6 / Chapter 206 / Section 4021
§ 4021. Definitions
Status: in_force

As used in this chapter:

(1) “Secretary” means the Secretary of Agriculture, Food and Markets or his or her designee.

(2) “Agency” means the Agency of Agriculture, Food and Markets.

(3) “Nursery” means all lands, premises, and buildings on or in which nursery stock is grown, transported, or offered for sale.

(4) “Nursery dealer” means any person who is in the business of selling, installing, or distributing nursery stock for commercial gain.

(5) “Nursery grower” means any person engaged in growing, propagating, or production of nursery stock for commercial gain.

(6) “Nursery license” means the license issued to nursery dealers or nursery growers under section 4024 of this title.

(7) “Nursery stock” means all woody or herbaceous shrubs, trees, plants, and vines, including bulbs and rhizomes as well as buds, grafts, scions, and other parts capable of propagation whether wild, cultivated, or grown under artificial covering. This definition does not include cut flowers or seeds.

(8) “Distribute” means the wholesale sale of nursery stock, the transfer of title or possession of nursery stock from one person to another for consideration for the purpose of resale at retail, or the transfer of nursery stock within a business entity for the purpose of retail sale. “Distribute” does not mean the retail sale or delivery of nursery stock by a retailer to a consumer.

(9) “Install” means the placing, fixing, or planting of nursery stock in the ground or soil. “Install” does not mean delivery of nursery stock to a purchaser or the placing of potted nursery stock within a structure or its curtilage of the purchaser.