6 V.S.A. § 891 — VT Code / Title 6 / Chapter 67 / Section 891
§ 891. License
Status: in_force

Excepting frozen food locker plants, any person, as defined in 9A V.S.A. §§ 1-201 and 7-102, who stores eggs, as that term is defined in chapter 27 of this title, or produce, as that term is defined in section 851 of this title, for hire in quantities of 1,000 pounds or more shall first be licensed by the Secretary of Agriculture, Food and Markets. Each separate place of business shall be licensed.
6 V.S.A. § 331 — VT Code / Title 6 / Chapter 26 / Section 331
§ 331. Product deficiency; short weight
Status: in_force

(a) No registrant may produce, package, distribute, or possess any commercial feed, feed supplement, or dosage form animal health product that is short weight or deficient in either guaranteed ingredients or guaranteed analysis. The Secretary by rule shall establish permitted analytical variances that shall be used to determine whether a commercial feed, feed supplement, or dosage form animal health product is deficient.

(b) The Secretary is authorized to assess administrative penalties for any product found to be short weight or deficient in guaranteed analysis. In assessing these penalties, the Secretary shall give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the registrant, and the overall history of prior violations. Administrative penalties shall be paid to the Secretary for deposit and use in the revolving account established by subsection 364(f) of this title. Penalties shall be assessed in the following manner:

(1) any registrant who is found to have violated this section for a particular product for the first time during any calendar year shall receive an administrative penalty of not more than $150.00;

(2) any registrant who is found to have violated this section with regard to the same product for the second time during the same calendar year shall receive an administrative penalty of not more than $300.00; and

(3) any registrant who is found to have violated this section with regard to the same product on three or more occasions during the same calendar year shall receive an administrative penalty of not more than $500.00.

(c) In assessing a penalty under this section, the Secretary shall issue a written notice of penalty to the registrant setting forth in a short and plain statement the alleged violation and the proposed fine. The notice shall state that the penalty will become final 14 days from the date the notice of penalty is issued unless the registrant requests a hearing before the Secretary.

(d) Any registrant aggrieved by a decision of the Secretary may appeal questions of law to a Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing an action in any District or Superior Court.
6 V.S.A. § 496 — VT Code / Title 6 / Chapter 32 / Section 496
§ 496. Rules; powers
Status: in_force

(a) The Secretary may adopt and enforce all rules that the Secretary deems necessary to enforce this chapter.

(b) When the Secretary determines that there is reasonable cause to believe that a maple product is in violation of this chapter or any rules adopted under this chapter, the Secretary may embargo the sale, transportation, or use of the product. Within 30 days after the embargo, the Secretary shall cause to be instituted in the Superior Court of the county in which the violator resides, has a place of business, or commits the violation a petition for an order for disposal of the product. Prior to the petition or pending court directions, the Secretary may agree with the owner of the product for its disposal, provided the disposal is not in violation of law. The court shall have power to condemn any maple product sold, stored, held, offered, exposed, or advertised for sale or possessed in violation of this chapter and may authorize its disposal.
6 V.S.A. § 176 — VT Code / Title 6 / Chapter 21 / Section 176
§ 176. Inspectors and certificates of inspection
Status: in_force

The Secretary may employ inspectors to inspect farm products marked, branded, or labeled in accordance with official grades or standards established and adopted by the Secretary for the purpose of determining and certifying the quality and condition of the farm product and other relative material facts. Certificates issued in pursuance of such inspection and executed by the inspector shall state the date and place of inspection; the grade, condition, and approximate quality of the farm products inspected; and any other pertinent facts that the Secretary may require. The certificates and all federal certificates relative to the condition or quality of the farm products shall be prima facie evidence in all courts of the State of the facts required as aforesaid to be stated in the certificate.
6 V.S.A. § 3301 — VT Code / Title 6 / Chapter 204 / Section 3301
§ 3301. Legislative findings
Status: in_force

Meat, meat food products, poultry, and poultry products are an important source of the State's total supply of food. They are consumed throughout the State. It is essential to the public interest that the health and welfare of consumers be protected by ensuring that these commodities are wholesome, unadulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat, meat food products, and poultry products impair the effective regulation of intrastate commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged meat, meat food product, and poultry product, as well as cause injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, unadulterated, correctly labeled, or nondeceptively packaged articles, to the detriment of consumers and the public generally. It is hereby found that the regulation, enforcement, licensing, and other provisions contained within this chapter are necessary to protect the health and welfare of consumers.
6 V.S.A. § 1038 — VT Code / Title 6 / Chapter 84 / Section 1038
§ 1038. Administrative penalties
Status: in_force

A person who violates any provisions of this chapter or a rule adopted under this chapter may be assessed an administrative penalty by the Secretary pursuant to the provisions of section 15 of this title.
6 V.S.A. § 853 — VT Code / Title 6 / Chapter 66 / Section 853
§ 853. Farm inspections
Status: in_force

(a)(1) The Secretary may inspect a produce farm during reasonable hours for the purposes of ensuring compliance with:

(A) the federal standards for growing, harvesting, packing, and holding of produce for human consumption, as adopted under 21 C.F.R. part 112;

(B) the rules adopted under this chapter; or

(C) eligibility for and conformity with the exemptions and modified requirements adopted under 21 C.F.R. part 112.

(2) This section shall not limit the Secretary's authority to respond to an emergency in order to prevent a public health hazard under section 21 of this title.

(b) The Secretary may coordinate with other State agencies and organizations to carry out inspections at or near the same time on a given produce farm.
6 V.S.A. § 1821 — VT Code / Title 6 / Chapter 141 / Section 1821
§ 1821. Withdrawal from compact
Status: in_force

Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the Commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
6 V.S.A. § 4858 — VT Code / Title 6 / Chapter 215 / Section 4858
§ 4858. Medium farm operation permits
Status: in_force

(a) Authorization to operation. No person shall operate a medium farm without authorization from the Secretary pursuant to this section. Under exceptional conditions, specified in subsection (d) of this section, authorization from the Secretary may be required to operate a small farm.

(b) Rules; general and individual permits. The Secretary shall establish by rule, pursuant to 3 V.S.A. chapter 25, requirements for a general permit and individual permit to assure that medium and small farms generating animal waste comply with the water quality standards of the State.

(1) General and individual permits issued under this section shall be consistent with rules adopted under this section, shall include terms and conditions appropriate to each farm size category and each farm animal type as defined by section 4857 of this title, and shall meet standards at least as stringent as those established by federal regulations for concentrated animal feeding operations. Such standards shall address waste management, waste storage, development of nutrient management plans, carcass disposal, and surface water and groundwater contamination, plus recordkeeping, reporting, and monitoring provisions regarding such matters to ensure that the terms and conditions of the permit are being met. The groundwater contamination rules adopted by the Secretary under this section shall include a process under which the Agency shall receive, investigate, and respond to a complaint that a farm has contaminated the drinking water or groundwater of a property owner.

(2) The rules adopted under this section shall also address permit administration, public notice and hearing, permit enforcement, permit transition, revocation, and appeals consistent with provisions of sections 4859 and 4861 of this title and subchapter 10 of this chapter.

(3) Each general permit issued pursuant to this section shall have a term of not more than five years. Prior to the expiration of each general permit, the Secretary shall review the terms and conditions of the general permit and may issue subsequent general permits with the same or different conditions as necessary to carry out the purposes of this subchapter. Each general permit shall include provisions that require public notice of the fact that a medium farm has sought coverage under a general permit adopted pursuant to this section. Each general permit shall provide a process by which interested persons can obtain detailed information about the nature and extent of the activity proposed to receive coverage under the general permit. The Secretary may inspect each farm seeking coverage under the general permit at any time but not less frequently than once every three years.

(c) Medium farm general permit.

(1) The owner or operator of a medium farm seeking coverage under a general permit adopted pursuant to this section shall certify to the Secretary within a period specified in the permit, and in a manner specified by the Secretary, that the medium farm does comply with permit requirements regarding an adequately sized and designed manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with Required Agricultural Practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards. Any certification or notice of intent to comply submitted under this subdivision shall be kept on file at the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets, in consultation with the Secretary of Natural Resources, shall review any certification or notice of intent to comply submitted under this subdivision with regard to the water quality impacts of the medium farm for which the owner or operator is seeking coverage, and, for farms that have never been permitted under the prior permit term, within 18 months after receiving the certification or notice of intent to comply, the Secretary of Natural Resources shall verify whether the owner or operator of the medium farm has established that there will be no unpermitted discharge to waters of the State pursuant to the federal regulations for concentrated animal feeding operations. If upon review the Secretary of Agriculture, Food and Markets determines that the medium farm may be discharging to waters of the State, the Secretary of Agriculture, Food and Markets shall promptly notify the Secretary of Natural Resources in accordance with the federal Clean Water Act regarding concentrated animal feeding operations. The Secretary of Natural Resources shall direct a medium 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 the Agency of Natural Resources shall promptly notify the Secretary of Agriculture, Food and Markets.

(2) The owner or operator of a small farm may seek coverage under the medium farm general permit adopted pursuant to this section by certifying to the Secretary, in a manner specified by the Secretary, that the small farm complies with the requirements and conditions of the medium farm general permit.

(d) Medium and small farms; individual permit. The Secretary may require the owner or operator of a small or medium farm to obtain an individual permit to operate after review of the farm's history of compliance, application of Required Agricultural Practices, the use of an experimental or alternative technology or method to meet a State performance standard, or other factors set forth by rule. The owner or operator of a small farm may apply to the Secretary for an individual permit to operate under this section. To receive an individual permit, an applicant shall in a manner prescribed by rule demonstrate that the farm has an adequately sized and designed manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with Required Agricultural Practices adopted under this chapter and current U.S. Department of Agriculture nutrient management standards, including setback requirements for waste application. An individual permit shall be valid for not more than five years. Any application for an individual permit filed under this subsection shall be kept on file at the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets, in consultation with the Agency of Natural Resources, shall review any application for a permit under this subsection. If, upon review of a permit application, the Secretary of Agriculture, Food and Markets determines that the permit applicant may be discharging to waters of the State, the Secretary of Agriculture, Food and Markets shall promptly refer the farm to the Secretary of Natural Resources for response in accordance with the federal Clean Water Act. The Secretary of Natural Resources shall direct a medium or small 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. Coverage of a medium farm under a general permit adopted pursuant to this section or an individual permit issued to a medium or small farm under this section is rendered void by the issuance of a permit to a farm under 10 V.S.A. § 1263. 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 the Agency of Natural Resources shall promptly refer the matter to the Secretary of Agriculture, Food and Markets.

(e) Operating fee. A person required to obtain a permit or coverage under this section shall submit an annual operating fee of $1,500.00 to the Secretary. The fees collected under this section shall be deposited in the Agricultural Water Quality Special Fund under section 4803 of this title.
6 V.S.A. § 3313 — VT Code / Title 6 / Chapter 204 / Section 3313
§ 3313. Inspection and seal
Status: in_force

(a) No inspection of products placed in any container at any official establishment shall be deemed to be complete until the products are sealed or enclosed under the supervision of an inspector.

(b) For purposes of any inspection of products required by this chapter, inspectors shall have access at all times, by day or night, to any part of an establishment required to have inspection under this chapter, whether the establishment is operated or not.

(c) For purposes of any periodic review of any licensed establishment, inspectors shall have access during normal business hours to every part of a licensed establishment required to have inspection under this chapter, whether the establishment is operated or not.
6 V.S.A. § 1184 — VT Code / Title 6 / Chapter 102 / Section 1184
§ 1184. Penalties
Status: in_force

Any person who violates the provisions of section 1181, 1182, or 1183 of this title shall be assessed an administrative penalty under section 15 of this title.
6 V.S.A. § 2972 — VT Code / Title 6 / Chapter 163 / Section 2972
§ 2972. Powers and duties
Status: in_force

(a) The Council shall administer and enforce this chapter and to that end shall plan and conduct dairy commodity advertising, publicity, sales promotion, and research and educational projects to increase the consumption of dairy products and to foster better understanding and more efficient cooperation between producers, dealers, and consumers of dairy products, and may contract for advertising, publicity, sales promotion, research, and educational services, and may employ and discharge advertising counsel, advertising agencies, dairy councils, and other agencies on a statewide, regional, or national basis as it shall deem the best interests of the State of Vermont for these purposes. It may disseminate information relating to dairy products and the importance thereof, either directly or through persons or parties contracted with.

(b) Included among the powers of the Council in connection with the enforcement of this chapter are the powers to require reports from any person subject to this chapter; to adopt, rescind, modify, and amend all proper and necessary rules and orders to administer this chapter, which rules and orders shall be adopted by publication in the manner prescribed by the Council and shall have the force and effect of law when not inconsistent with existing laws; to administer oaths, subpoena witnesses, take depositions, and certify to official acts; to require any dealer to keep such true and accurate records and to make such reports covering purchases, sales, and receipts of dairy products and related matters as the Council deems reasonably necessary for effective administration, which records shall be open to inspection by the Secretary of Agriculture, Food and Markets at any reasonable time and as often as may be necessary, but information thus obtained shall not be published or be open to public inspection in any manner revealing any individual dealer's identity, except as required in proceedings to enforce compliance; to keep accurate books, records, and accounts of all of its dealings; and to make annually a full report of its doings to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture and the Governor, which shall show the amount of money received and the expenditures thereof. The report shall be submitted on or before January 15. The Vermont Agency of Agriculture, Food and Markets shall perform the administrative work of the Council as directed by the Council. The Council shall reimburse the Agency of Agriculture, Food and Markets for the cost of services performed by the Agency.

(c) The Council is hereby authorized to accept contributions from individuals or organizations to augment its funds.

(d) The Council in allocating the monies it spends for the promotional purposes set forth in this chapter shall consider the sources from which the milk comes, the areas into which the milk goes, and the nature of the population that consumes the milk, so that funds may be allocated proportionately if desired.

(e) The Council shall cooperate with other State agencies in its plans for advertisement and promotion and in particular with agencies specifically empowered to advertise and promote this State.

(f) The Council is authorized to cooperate with the U.S. government and any Agency thereof charged with similar responsibilities in connection with research, marketing, and pricing in the dairy industry, including federal Milk Market Administrators and their staffs in federally regulated markets, and is authorized to cooperate with the appropriate agencies of other states for the purpose of making such investigations, securing and transmitting such information, making available such services and facilities, and exercising such other powers with respect to the administration of this chapter as it deems necessary or appropriate to facilitate its administration in cooperation with the administration of similar acts in other states.

(g) To the extent that in its judgment it may deem advisable to do so in administering this chapter, the Council is authorized to enter into agreements with U.S. government agencies, federal Milk Market Administrators, and state agencies of other states with respect to the collection or audit of tax payments and the use of joint facilities and joint services.
6 V.S.A. § 1459 — VT Code / Title 6 / Chapter 107 / Section 1459
§ 1459. Definitions
Status: in_force

As used in this chapter:

(1) “Commercial slaughter facility” has the same meaning as “commercial slaughterhouse” set forth in section 3302 of this title.

(2) “Livestock” has the same meaning as set forth in section 761 of this title.

(3) “Offloaded” means removed or otherwise taken off or away from the conveyance of transport.

(4) “Poultry” means any domesticated bird.

(5) “Reactor” means livestock or poultry that test positive to a test required under this chapter.

(6) “Suspect” means livestock or poultry that are tested under a requirement in this chapter and are not classified as testing positive or negative.
6 V.S.A. § 4606 — VT Code / Title 6 / Chapter 207 / Section 4606
§ 4606. Vermont Working Lands Enterprise Board
Status: in_force

(a) Creation. There is created a Vermont Working Lands Enterprise Board, which for administrative purposes shall be attached to the Agency of Agriculture, Food and Markets.

(b) Organization of Board. The Board shall be composed of:

(1) the Secretary of Agriculture, Food and Markets or designee, who shall serve as chair;

(2) the Commissioner of Forests, Parks and Recreation or designee;

(3) the Secretary of Commerce and Community Development or designee;

(4) the following members appointed by the Speaker of the House:

(A) one member who is a consulting forester;

(B) one member who is actively engaged in maple production;

(C) one member who is actively engaged in on-farm value-added processing;

(D) one member who is actively engaged in manufacturing or distribution of Vermont agricultural products; and

(E) one member with expertise in sales, marketing, or market development;

(5) the following members appointed by the Senate Committee on Committees:

(A) one member who is actively engaged in wood products manufacturing;

(B) one member involved in production agriculture whose primary enterprise is not fluid milk;

(C) one member who is actively engaged in primary wood processing or logging;

(D) one member who is an agriculture and forestry enterprise funder; and

(E) one member who is a person with expertise in rural economic development;

(6) the following members appointed by the Governor:

(A) one member who is a representative of Vermont's dairy industry who is also a dairy farmer;

(B) one member who is a representative of Vermont's forestry industry who is also a working forest landowner;

(C) one member with expertise in land planning and conservation efforts that support Vermont's working landscape; and

(D) one member who is an employee of a Vermont institution engaged in agriculture or forestry education, training, or research; and

(7) the following members, who shall serve as ex officio, nonvoting members:

(A) the Manager of the Vermont Economic Development Authority or designee;

(B) the Executive Director of the Vermont Sustainable Jobs Fund or designee; and

(C) the Executive Director of the Vermont Housing Conservation Board or designee.

(c) Member terms. The members designated in subdivisions (b)(4)-(7) of this section shall be appointed to initial terms of one year for members appointed by the Governor, two years for members appointed by the Senate Committee on Committees, and three years for members appointed by the Speaker of the House. Thereafter, each appointed member shall serve a term of three years or until his or her earlier resignation or removal. A vacancy shall be filled by the appointing authority for the remainder of the unexpired term. An appointed member shall not serve more than three consecutive three-year terms.

(d) Officers; committees. The Board may elect officers, establish one or more committees or subcommittees, and adopt such procedural rules as it shall determine necessary and appropriate to perform its work.

(e) Quorum; meetings; voting. A majority of the sitting members shall constitute a quorum, and action taken by the Board may be authorized by a majority of the members present and voting at any regular or special meeting at which a quorum is present. The Board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication, including an electronic, telecommunications, and video- or audio-conferencing conference telephone call, by which all members participating may simultaneously or sequentially communicate with each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting.

(f) Compensation. Private sector members shall be entitled to per diem compensation authorized under 32 V.S.A. § 1010(b) for each day spent in the performance of their duties, and each member shall be reimbursed from the Fund for his or her actual and necessary expenses incurred in carrying out his or her duties.
6 V.S.A. § 2813 — VT Code / Title 6 / Chapter 153 / Section 2813
§ 2813. Testing utensils
Status: in_force

(a) Bottles, pipettes, or measuring glasses used by a person in determining by test the value of milk or cream received from other persons, before use, may be tested for accuracy of measurement and for accuracy of the percent scale marked thereon, by the State Agency of Agriculture, Food and Markets.

(b) The Secretary may enter into reciprocal agreements with other states with regard to testing equipment or may accept tests conducted by other states having substantially the same tests.
6 V.S.A. § 330 — VT Code / Title 6 / Chapter 26 / Section 330
§ 330. Inspection; sampling; analysis
Status: in_force

(a) For the purpose of enforcing this chapter and determining whether or not an operation may be subject to these provisions, the Secretary upon presenting appropriate credentials is authorized to engage in one or more of the following actions:

(1) to enter any premises during normal business hours where commercial feeds, feed supplements, or dosage form animal health products are manufactured, processed, packed, or held for distribution and to stop and enter any vehicle being used to transport or hold feeds;

(2) to inspect factories, warehouses, establishments, vehicles, equipment, finished and unfinished materials, containers, and labeling; or

(3) to sample commercial feed, feed ingredients, feed supplements, or dosage form animal health products.

(b) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods. The results of all analyses of official samples shall be forwarded by the Secretary to the correspondent named in the registration form and to the purchaser. When the inspection and analysis of an official sample indicates that a commercial feed, feed supplement, or dosage form animal health product has been adulterated or misbranded and upon request within 30 days following receipt of the analysis, the Secretary shall furnish to the registrant a portion of the sample concerned.
6 V.S.A. § 493 — VT Code / Title 6 / Chapter 32 / Section 493
§ 493. Labeling container of artificial maple flavored products
Status: in_force

It shall be unlawful to use the term “maple syrup” or “maple sugar,” however modified, to describe any product, flavoring, sweetener, or food additive unless the product, flavoring, sweetener, or food additive so described meets the statutory definition of “maple syrup” or “maple sugar.” Terms such as “artificial maple syrup” or “artificial maple sugar” are declared to be misleading and deceptive and may not be used in the labeling or advertising of any product. Terms such as “artificial maple flavor” or “artificial maple flavor sweetener” may be used to describe a product flavored or sweetened with a substance that attempts to duplicate real maple flavor, providing that words such as “artificial,” “flavor,” and other modifiers of the word “maple” shall appear in equal prominence to the word “maple” on the label and in all advertising of the product.
6 V.S.A. § 4710 — VT Code / Title 6 / Chapter 209 / Section 4710
§ 4710. Vermont Farm and Forest Viability Program
Status: repealed

(a) The Vermont Farm and Forest Viability Program is a voluntary program established in the Agency of Agriculture, Food and Markets to provide assistance to Vermont farm, food, and forest-sector businesses to enhance the financial success and long-term viability of Vermont agricultural and forest sectors. In administering the Program, the Secretary shall:

(1) Collaborate with the Vermont Housing and Conservation Board to administer the program with other State and federal agencies, private entities, and service groups to develop, coordinate, and provide technical and financial assistance to Vermont farm, food, and forest-sector businesses.

(2) Secure and coordinate experts to assist farm, food, and forest-sector business owners in areas such as business and financial planning, succession planning, diversifying, adopting new technologies, improving product quality, developing value-added products, and lowering costs of production. Providers may include business management specialists, University of Vermont Extension professionals, and other experts to deliver the educational and consulting services.

(3) Encourage agricultural or forest-sector economic development through investing in improvements to essential infrastructure and the promotion of businesses in these sectors.

(4) Enter into agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this State and employ technical experts to carry out the purposes of this section.

(b) The Farm and Forest Viability Program shall be assisted by an advisory board consisting of 12 members who shall include:

(1) The Secretary of Agriculture, Food and Markets. The Secretary shall serve as Chair of the Board.

(2) The Commissioner of Forests, Parks and Recreation or designee.

(3) The Commissioner of Economic Development or designee.

(4) The Manager of the Vermont Economic Development Authority or designee.

(5) The Director of University of Vermont Extension or designee.

(6) The Executive Director of the Vermont Housing and Conservation Board or designee.

(7) Four Vermont agricultural or forest-sector business owners appointed by the Secretary of Agriculture, Food and Markets in consultation with the Vermont Housing and Conservation Board and the Commissioner of Forests, Parks and Recreation. At least two of the four business owners shall be agricultural-sector business owners.

(8) Two people who have expertise in agricultural or forest-sector economics, financing, or business development appointed by the Secretary of Agriculture, Food and Markets in consultation with the Vermont Housing and Conservation Board and the Commissioner of Forests, Parks and Recreation.

(c) Members of the Advisory Board established in subsection (b) of this section other than ex officio members shall serve up to three two-year terms and shall be entitled to per diem expenses pursuant to 32 V.S.A. § 1010 for each day spent in the performance of their duties, and each such member shall be reimbursed for his or her reasonable expenses incurred in carrying out his or her duties under this section.

(d) In consultation with the Advisory Board, the Secretary of Agriculture, Food and Markets and the Vermont Housing and Conservation Board shall establish performance goals, performance measures that demonstrate Program results, and other criteria to implement the Program. The criteria shall include at least the following requirements:

(1) the use of funds available to the Program is likely to succeed in improving the economic viability of the business;

(2) the enrollees demonstrate commitment to participating in the Program; and

(3) an evaluation shall be completed by the enrollees.

(e) The Secretary of Agriculture, Food and Markets, the Commissioner of Forests, Parks and Recreation, and the Vermont Housing and Conservation Board, separately or cooperatively, may solicit federal funds, grants, and private contributions for the Farm and Forest Viability Program, but any Vermont Housing and Conservation Board funds used for the Farm and Forest Viability Program shall be administered in accordance with 10 V.S.A. § 312.

(f) In collaboration with the Secretary of Agriculture, Food and Markets and the Commissioner of Forests, Parks and Recreation, the Vermont Housing and Conservation Board shall report in writing to the Senate Committees on Agriculture and on Economic Development, Housing and General Affairs and the House Committees on Agriculture and Forestry and on Commerce and Economic Development on or before January 31 of each year with a report on the activities and performance of the Farm and Forest Viability Program. At a minimum, the report shall include an evaluation of the Program utilizing the performance goals and performance measures established in consultation with the Advisory Board under subsection (d) of this section.

(g) [Repealed.]
6 V.S.A. § 981 — VT Code / Title 6 / Chapter 83 / Section 981
§ 981. Adoption of compact
Status: in_force

The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining the Compact in the form substantially as follows:

PEST CONTROL COMPACT

ARTICLE I

Findings

The party states find that:

(1) In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately 137 billion dollars from the depredations of pests is virtually certain to continue, if not to increase.

(2) Because of the varying climatic, geographic, and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them.

(3) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another to complement each other's activities when faced with conditions of infestation and reinfestation.

(4) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crops and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interest, the most equitable means of financing cooperative pest eradication and control programs.

ARTICLE II

Definitions

As used in this compact, unless the context clearly requires a different construction:

(1) “Executive Committee” means the Committee established pursuant to Article V(e) of this compact.

(2) “Governing Board” means the administrators of this compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact.

(3) “Insurance Fund” means the Pest Control Insurance Fund established pursuant to this compact.

(4) “Pest” means any invertebrate animal, pathogen, parasitic plant, or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses, or other plants of substantial value.

(5) “Requesting state” means a state which invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.

(6) “Responding state” means a state requested to undertake or intensify the measures referred to in subdivision (5) of this article.

(7) “State” means a state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

ARTICLE III

The Insurance Fund

There is hereby established a Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The Insurance Fund shall contain monies appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this compact.

ARTICLE IV

The Insurance Fund, Internal Operations, and Management

(a) The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and the Executive Committee pursuant to this compact shall be deemed the actions of the Insurance Fund.

(b) The members of the Governing Board shall each be entitled to one vote on such Board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board is cast in favor thereof. Action of the Governing Board shall be only at a meeting at which a majority of the members is present.

(c) The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide.

(d) The Governing Board shall elect annually, from among its members, a Chair, a Vice Chair, a Secretary, and a Treasurer. The Chair may not succeed himself or herself. The Governing Board may appoint an Executive Director and fix his or her duties and his or her compensation, if any. Such Executive Director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate.

(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the Executive Director, or if there be no Executive Director, the Chair, in accordance with such procedures as the bylaws may provide, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund.

(f) The Insurance Fund may borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation.

(g) The Insurance Fund may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation, and may receive, utilize, and dispose of the same. Any donation, gift, or grant accepted by the governing board pursuant to this subsection or services borrowed pursuant to subsection (h) of this article shall be reported in the annual report of the Insurance Fund. The report shall include the nature, amount, and conditions, if any, of the donation, gift, grant, or services borrowed and the identity of the donor or lender.

(h) The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and to rescind these bylaws. The Insurance Fund shall publish its bylaws in a convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

(i) The Insurance Fund annually shall make to the Governor and Legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable.

(j) In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this compact.

ARTICLE V

Compact and Insurance Fund Administration

(a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of the state may provide, and who shall:

(1) assist in the coordination of activities pursuant to the compact in the state; and

(2) represent the state on the Governing Board of the Insurance Fund.

(b) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by a number not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or the Executive Committee thereof.

(c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the compact, supervising and giving direction to the expenditure of monies from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the Chair, the Executive Committee, or a majority of the membership of the Governing Board.

(d) At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications.

(e) The Executive Committee shall be composed of the Chair of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The Chair of the Governing Board shall be the chair of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and vote in favor thereof. Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charges against the Insurance Fund.

ARTICLE VI

Assistance and Reimbursement

(a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves:

(1) The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this compact.

(2) The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this compact.

(b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization, the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use monies available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested.

(c) In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing:

(1) A detailed statement of the circumstances which occasion the request for the invoking of the compact.

(2) Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass, or other plant having a substantial value to the requesting state.

(3) A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication, control, or prevention of introduction of the pest concerned.

(4) Proof that the expenditures being made or budgeted as detailed in subdivision (3) of this subsection do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in subdivision (3) of this subsection constitutes a normal level of pest control activity.

(5) A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the compact in the particular instance can be abated by a program undertaken with the aid of monies from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time.

(6) Such other information as the Governing Board may require consistent with the provisions of this compact.

(d) The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.

(e) Upon the submission as required by subsection (c) of this article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.

(f) A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within 20 days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize.

(g) Responding states required to undertake or increase measures pursuant to this compact may receive monies from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.

(h) Before authorizing the expenditure of monies from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.

(i) The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states, and any other entities concerned.

ARTICLE VII

Advisory and Technical Committees

The Governing Board may establish Advisory and Technical Committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such Advisory or Technical Committee or any member or members thereof may meet with and participate in its deliberations upon request of the Governing Board or Executive Committee. An Advisory or Technical Committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee, and the Board or Committee may receive and consider the same, provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI(d) of the compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application.

ARTICLE VIII

Relations with Nonparty Jurisdictions

(a) A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this article.

(b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI(d) of this compact, a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee.

(c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of monies from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside party states.

ARTICLE IX

Finance

(a) The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for a presentation to the legislature thereof.

(b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The request for appropriations shall be apportioned among the party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products, the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products.

(c) The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the “operating account” and the “claims account.” The operating account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The claims account shall contain all monies not included in the operating account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any time when the claims account has reached its maximum limit or would reach its maximum limit by the addition of monies requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the claims account within such maximum limit. Any monies in the claims account by virtue of conditional donations, grants, or gifts shall be included in calculations made pursuant to this subsection only to the extent that such monies are available to meet demands arising out of the claims.

(d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with monies available to it under Article IV(g) of this compact, provided that the Governing Board take specific action setting aside such monies prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of monies available to it under Article IV(g) hereof, the Insurance Fund shall not incur any obligation prior to the allotment of monies by the party states adequate to meet the same.

(e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the Insurance Fund.

(f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund.

ARTICLE X

Entry Into Force and Withdrawal

(a) This compact shall enter into force when enacted into law by any five or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE XI

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
6 V.S.A. § 378 — VT Code / Title 6 / Chapter 28 / Section 378
§ 378. Penalty
Status: in_force

(a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a fine not to exceed $1,000.00. Each violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be deemed a separate and distinct offense.

(b) A State's Attorney or the Attorney General to whom any violation is reported may cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

(c) The Secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule of this chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
6 V.S.A. § 4720 — VT Code / Title 6 / Chapter 211 / Section 4720
§ 4720. Definitions
Status: in_force

As used in this chapter, “Farm-to-School Program” means an integrated food, farm, and nutrition education program that utilizes community-based learning opportunities to connect schools with nearby farms so that child nutrition programs can provide students with locally produced fresh fruits and vegetables, dairy and protein products, and other nutritious, locally produced foods; help children develop healthy eating habits; provide nutritional and agricultural education in the classroom, cafeteria, and school community; and improve farmers' incomes and direct access to markets.
6 V.S.A. § 2762 — VT Code / Title 6 / Chapter 151 / Section 2762
§ 2762. Producer affidavit; voluntary labeling
Status: in_force

A milk handler may claim in the label on a container or package of milk, or of a dairy product offered for retail sale in Vermont, or in a written display at the point of sale of such milk or dairy product, that the milk or dairy product is derived from cows not treated with rbST, provided that:

(1) Producer affidavit. Each milk producer supplying the handler with milk to be so identified shall, by affidavit, notify the handler that milk sold to the handler is from cows that are not, and have not been within 90 days prior to the notification, treated with rbST, and swears that he or she will notify his or her handler at least 90 days before using rbST in the production of milk by such cows.

(2) Handler affidavit.

(A) The milk handler shall, by affidavit, notify the Secretary of the handler's practices adopted to ensure that milk from cows not treated with rbST is kept separate from other milk throughout the collection, transportation, and processing steps until the finished milk or dairy product is in final packaged form in a labeled container and swears that the handler will notify the Secretary at least 90 days before ceasing use of such practices.

(B) A milk handler supplying another milk handler with milk to be identified shall, by affidavit, notify the receiving handler that milk sold to the handler is from producers in compliance with subdivision (1) of this section.

(3) Context statement. The label or point-of-sale display shall contain a clear and conspicuous statement such as, “the U.S. Food and Drug Administration has not found a significant difference to exist between milk derived from rbST-treated and non-rbST-treated cows”, or such other truthful and nonmisleading statement conveying reasons, other than safety and quality, for choosing to use milk or dairy products that have not had rbST used in their production.

(4) Advertisement; point-of-sale display. A handler whose affidavit claims:

(A) That all milk or dairy products marketed under a given brand name are derived from cows not treated with rbST, may state in an advertisement or in a point-of- sale display that the entire line of milk or dairy products with this brand name is derived from cows not treated with rbST.

(B) That some milk or dairy products marketed under a given brand name are derived from cows not treated with rbST, but makes no such claim regarding other milk or dairy products with this brand name, shall in any advertisement of rbST free milk or dairy product, or in a point-of-sale display, identify the specific milk or dairy product or products with this brand name derived from cows not treated with rbST.
6 V.S.A. § 4987 — VT Code / Title 6 / Chapter 215 / Section 4987
§ 4987. Definitions
Status: in_force

As used in this subchapter, “custom applicator” means a person who is engaged in the business of applying manure or agricultural waste to land and who charges or collects other consideration for the service. Custom applicator shall include full-time employees of a person engaged in the business of applying manure or agricultural waste to land when the employees apply manure or agricultural waste to land. A certification fee of $30.00 will be charged annually to all persons meeting this definition.
6 V.S.A. § 2722 — VT Code / Title 6 / Chapter 151 / Section 2722
§ 2722. Application
Status: in_force

Applications shall be completely filled out and sworn to by the applicant or a partner or officer of the applicant and in case of renewal shall be filed with the Secretary on or before July 15 of each year. New handlers may apply for a license at any time. Renewal applications not received on or before August 15 shall be assessed a late fee of $100.00. The application for a handler's license shall provide the following information and such other information as the Secretary by regulation shall reasonably require:

(1) Name and address of applicant and the location of all plants and facilities owned or operated or to be owned or operated within the State of Vermont or outside the State of Vermont, or both.

(2) A statement as to whether the applicant, or any partner, officer, or director thereof, is presently the subject of any criminal, civil, or disciplinary action by any federal or state agency, or has been convicted of a crime relating in any way to the business of milk processing or marketing, or both.

(3) In the case of a new application, the applicant shall provide the following information:

(A) The anticipated sources of supply of milk for the next 12 months.

(B) The anticipated supply of milk and the daily quantity to be purchased from such sources. If a handler buys milk or represents that he or she intends to buy milk from Vermont producers, he or she shall provide a sworn balance sheet showing assets and liabilities and a profit and loss statement as of the end of the handler's preceding fiscal year and such other information regarding its financial condition as the Secretary may require. Upon the request of the Secretary, the financial statements shall be accompanied by an opinion of a certified public accountant.

(C) The value of the milk he or she intends to purchase for each of the succeeding 12 months from Vermont producers. In case purchases from Vermont milk producers during the license period vary in any one month by more than 20 percent from the amount stated on the application for the same month of the prior year or from the amount predicted for that month in the current year, as the case may be, the handler shall immediately notify the Secretary in writing of the amount of variation.

(D) A statement as to when all Vermont producers will be paid in part and in full. Payment shall be made as agreed upon but shall not be later than the 25th of the following month.

(E) The results of health tests certified by an appropriate public agency as the Secretary shall by regulation require. The Secretary may issue rules establishing what tests shall be administered and by whom they shall be certified.

(F) A statement that the handler will pay to the Secretary all milk taxes required by law.

(G) A statement that the handler will comply with all the provisions of this part and the rules adopted under this part.
6 V.S.A. § 2963 — VT Code / Title 6 / Chapter 162 / Section 2963
§ 2963. Agricultural Development Division
Status: in_force

(a) A division of agricultural development is created within the Agency of Agriculture, Food and Markets as the successor to and the continuation of the Agricultural Markets Development Division.

(b) The Development Division may:

(1) assist individuals and organizations in developing ways that will increase the agricultural use of Vermont lands and other agricultural resources;

(2) assist in maintaining a price reporting system to service the agricultural community of Vermont;

(3) develop and maintain a directory of producers of food, livestock, and fiber products;

(4) identify and develop new markets for agricultural products and assist in the development of new products that might play a significant part in the expansion of agriculture in Vermont;

(5) assist in developing the Vermont product identification program created in section 2964 of this title;

(6) develop an advertising program for Vermont agricultural products; and

(7) assist in the promotion of research on agricultural products.
6 V.S.A. § 1104 — VT Code / Title 6 / Chapter 87 / Section 1104
§ 1104. Powers of Secretary
Status: repealed

The Secretary in furtherance of the purposes of this chapter may:

(1) Regulate and license the display, sale, application, use, storage, treatment, and disposal of economic poisons and their waste products and establish restrictions on the use, application, storage, treatment, and disposal of economic poisons and their waste products that are deemed toxic or hazardous to humans, animals, or the natural environment.

(2) Examine, test, and approve any apparatus or equipment used in dispensing, applying, storing, treating, or disposing of economic poisons or their waste products. Such equipment shall be in good working order and free of defective parts, and equipment used for applying economic poisons shall be capable of dispensing prescribed amounts of pesticides to the target without undue hazard to the operator or nontarget areas.

(3) Adopt standards, procedures, and requirements relating to the display, sale, use, application, treatment, storage, or disposal of economic poisons or their waste products and limit the conditions under which the same may be sold, used, treated, stored, or disposed of. The use of pesticides that the Secretary finds to have a hazardous or long-term deleterious effect on the environment shall be restricted, and permits shall be required for their use in accordance with rules adopted by the Secretary. Specific uses of certain pesticides deemed to present a likely risk to human health or be dangerous shall be restricted by rule or by ordering the deletion of certain uses for registered pesticides from the label on pesticide products to be marketed in the State. Approved methods for the safe display, storage, and shipping of poisonous pesticides shall be prescribed and enforced. Procedures for the disposal of pesticides that are illegal, obsolete, surplus, or in damaged containers shall be adopted and enforced with the cooperation of the Agency of Natural Resources.

(4) Enter any premises, public or private, as may be necessary to carry out the provisions of this chapter.

(5) Issue licenses, permits, and certificates pursuant to this chapter.

(6) Require pesticide dealers and applicators to keep records of the sale and use of pesticides deemed particularly toxic or hazardous by the Agricultural Innovation Board and to have such records available for examination by the Secretary or his or her agents at his or her request; the accounting for kinds and amounts of such economic poisons, to whom sold, and where and when used, and the reporting of incidents resulting from accidental contamination or misapplication of pesticides that present a hazard to humans, animals, or the environment, may be required.

(7) [Repealed.]

(8) Revoke or suspend any license or certificate for failure to comply with this chapter or any rule adopted under its authority, or for being subject to a final order imposing a civil penalty under 7 U.S.C. § 136l or for being convicted under 7 U.S.C. § 136l on due notice to the licensee or holder of the certificate with an opportunity for hearing if a written request for hearing is filed with the Secretary within five days of receipt of notice of a violation.

(9) Make, adopt, revise, and amend reasonable rules as he or she deems necessary with the advice of the Agricultural Innovation Board in order to carry out the provisions of this chapter.

(10) Appoint assistants, subject to applicable laws and rules, to perform or assist in the performance of any duties or functions of the Secretary under this chapter.

(11) Enter into reciprocal agreements with appropriate pesticide control agencies of other states or the federal government for the acceptance of licensing and certification of pesticide applicators and operators, provided their standards and administration are substantially equal to the standards established by the Secretary under the provisions of this chapter and the rules adopted under this chapter.

(12) Cooperate fully with the federal government or other agency in the operation of any joint federal-state programs concerning the rule of the application or use of pesticides, such programs, including the program promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136–136y.

(13) Institute appropriate proceedings on behalf of the Agency to enforce this chapter and any rules adopted pursuant to this chapter. Whenever the Secretary believes that any person is in violation of the provisions of this chapter or rules adopted pursuant to this chapter, an action may be brought in the name of the Agency in a court of competent jurisdiction against the person to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions without bond, and other relief as may be necessary and appropriate for abatement of any violation.

(14) In any case in which the Secretary has authority to institute an action or proceeding under this chapter, in lieu thereof he or she may accept an assurance of discontinuance of any violation of any of the statutes and rules specified in this chapter, including schedules of abatement for a violation. Any assurance of discontinuance shall be prepared in writing with the assistance of the Attorney General. The assurance shall be signed by all parties, and at the discretion of the Secretary, the Attorney General shall submit the assurance of discontinuance to the Superior Court having jurisdiction over the subject matter and shall request that the presiding judge sign the document and issue it as an order of the court. Evidence of a violation of such assurance shall be prima facie proof of violation of a statute or rule specified in this chapter as cited in the assurance. Prior to institution of any action or proceeding under this subdivision, the Secretary whenever he or she believes any person to be or to have been in violation of any statute or rule specified in this subdivision may issue a notice of violation setting forth the nature of the violation, the corrective action necessary to abate the violation, and the notice of intention to institute an action or proceeding against the person responsible for the violation. In that event, the Secretary shall provide the person within 30 days of the notice an opportunity to be heard and an opportunity to settle the matter by an assurance to discontinue prior to instituting an action or proceeding as provided for in this subdivision.

(15) Require correction of sources of pesticide contamination that threaten human health or the environment.

(16) Conduct a collection program for obsolete and unwanted pesticides.

(17) Make information reported to the Agency relative to the use of pesticides available to the public via the internet or in any other way deemed appropriate and may allow the required reporting of pesticide use data to be submitted electronically.
6 V.S.A. § 2766 — VT Code / Title 6 / Chapter 151 / Section 2766
§ 2766. Confidentiality
Status: in_force

Any identifying information contained in any reports, records, or other record of information regardless of format in which it is created and maintained, obtained by the Secretary, the Attorney General, or a handler pursuant to this subchapter shall be kept confidential and shall not be disclosed to any person, except:

(1) as necessary to enable enforcement of this subchapter;

(2) as provided by section 2765 of this title; and

(3) to enable the Secretary to perform his or her duties under this subchapter, which may include preparation of public information and public reports on the provisions of this subchapter and its implementation, provided that such information and reports are presented in a form that does not disclose the identity of individual persons or individual milk producers whose activities or products are the subject of the information.
6 V.S.A. § 2903 — VT Code / Title 6 / Chapter 159 / Section 2903
§ 2903. Effect of lien
Status: in_force

Unless the handler has paid the claim upon which the lien is founded, he or she shall not, after receipt of written notice of a producer's lien, mortgage or otherwise convey any property upon which a producer's lien is claimed without disclosing in writing such lien to the vendee or mortgagee or stating the existence of it in the instrument conveying or mortgaging the property. If a handler fails so to disclose a producer's lien, he or she shall be liable to any person thereby injured in an action on this statute for the damages sustained.
6 V.S.A. § 4603 — VT Code / Title 6 / Chapter 207 / Section 4603
§ 4603. Legislative findings
Status: in_force

The General Assembly finds:

(1) The report issued by the Council on the Future of Vermont indicates that over 97 percent of Vermonters polled endorsed the value of the “working landscape” as key to our future.

(2) Vermont's unique agricultural and forest assets—its working landscape—are crucial to the State's economy, communities, character, and culture. These assets provide jobs, food and fiber, energy, security, tourism and recreational opportunities, and a sense of well-being. They contribute to Vermont's reputation for quality, resilience, and self-reliance.

(3) Human activity involving Vermont's agricultural and forestland has been integral to the development of Vermont's economy, culture, and image. Sustainable land use will need to balance economic development demands with the other services the land provides, many of which have economic benefits beyond the agriculture and forest product sectors. Some of these benefits include clean air and water, recreational opportunities, ecosystem restoration, scenic vistas, and wildlife habitat.

(4) The agriculture and forest product sectors are similar and share many of the same challenges. There are potential benefits to be realized by the joining of these sectors in development planning and coordination, making policy decisions, and leveraging economic opportunities.

(5) The agriculture and forest product sectors provide renewable and harvestable products that form the basis of Vermont's land-based economy. The conversion of these raw commodities into value-added products within our borders represents further economic and employment opportunities.

(6) Vermont is in the midst of an agricultural renaissance and is at the forefront of the local foods movement. Success has been due to the efforts of skilled and dedicated farmers, creative entrepreneurs, and the strategic investment of private and public funds.

(7) State investment in a given industry or economic sector is often essential to stimulate and attract additional private and philanthropic investment. The combination of public, private, and foundation support can create enterprise opportunities that any one of them alone cannot. Grants issued as a result of 2011 Acts and Resolves, No. 52 helped create jobs and economic activity in the agricultural sector. They also leveraged private and foundation investments.

(8) Vermont's land-based economy has proven to be a driver for Vermont's ongoing economic recovery.

(9) Value-added and specialty Vermont products are a growing source of revenue for Vermont's agricultural producers, many of whom have benefited from the existing infrastructure requirements of commodity producers. Both export and instate markets are necessary options for the agriculture and forest product sectors' economic development.

(10) The Vermont brand is highly regarded both nationally and internationally. Forest management is seen as crop management by those active in the forest product industry. An actively managed forest is a healthy and productive one.

(11) Vermont's agriculture and forest product sectors have not been perceived or treated as businesses by the traditional business and lending communities. They often lack available capital and financial package options that match their stage of development.

(12) Financial service and workforce development programs need to be customized to meet the unique needs of Vermont's agriculture and forest product sectors. Landowner education and labor skills training are also important for future productive management of forestlands.

(13) Scale is an important determining factor for the successful development of businesses that utilize Vermont's agriculture and forest products. Other limiting factors include labor and transportation costs, support services, resource base, and the regulatory environment.

(14) Workers' compensation, health care, energy costs, and regulatory requirements are a major concern to the agriculture and forest product sectors. For example, workers' compensation premiums for loggers may run as high as 48 percent of each dollar of wages.

(15) The amount of land in Vermont is finite, and part of its community and economic value is tied to the way it is used. Farmland and forestland that are developed for other uses affect the future viability of remaining farms and forest enterprises.

(16) A forestland owner is often not the person actively engaged in the business of land management, such as planning, harvesting, or marketing the raw product, whereas in agricultural operations, the farmer often owns both the land and the business. Many farm operations have woodlots that have traditionally been used for syrup, timber, and firewood production.

(17) Vermonters' perception of and support for local wood and forest products are not at the same level as they are for local food. Public outreach and education efforts need to be created to address the public's perception of actively managed working lands and the people who perpetuate them. Over the last decade, consumers of wood products have become more interested in production and management methods, certification programs, and the source of the raw materials.

(18) Vermont's forest products industry has been in decline for many years, in part due to rising costs, a poor housing market, and a lack of manufacturing. The total value of the forest product industry has dropped from $1.8 billion to $1.3 billion since 2007. If wood chips were priced at the equivalent BTU replacement value of oil, they would command a higher price. The number of active sawmills has also declined to fewer than 20 today.

(19) The average age of Vermont's farmers and loggers is over 55 years of age and the average age of forestland owners is over 65. Attention needs to be brought to efforts that will ensure intergenerational succession and lower those averages. Economically viable farm- and forest-based operations are critical to that goal. “Legacy” skills such as farming and logging are disappearing, as the children of those making a living from those skills often aspire to different employment opportunities.

(20) Access to land is a challenge for many, especially younger, people who want the opportunity to make a living from productive use of the land. Farm and forestland ownership is often out of reach for young people who do not have some sort of assistance.

(21) The Vermont forest product sector contains approximately 7,000 jobs, and approximately 57,000 jobs are in Vermont's food system.

(22) Rules for forest product enterprises need to reflect a balance between economic development and responsible land use practices. There is a need to assess rules involving the primary processing and transportation elements of the forest product sector.

(23) Seventy-six percent of Vermont's 4.5 million acres is forested, 84 percent of which is privately owned. Sustainable management of State-owned forestlands represents an opportunity for private sector forest businesses.

(24) Forest product sector representatives have identified needs for their industry, including market development, additional secondary processing facilities, lower energy and transportation costs, and capital for growth enterprises as well as research and development for new and improved value-added products that make use of Vermont's forest resources. Factors such as health care, labor, and energy policies in Canada contribute to the northward flow of Vermont logs. Research is needed in order to develop strategies that will help keep Vermont's forest product sector competitive.

(25) Vermont's Use Value Appraisal (Current Use) Program is critically important to every component of Vermont's agriculture and forest product sectors. It also helps keep Vermont forestland productive and healthy through the requirement of active forest management plans.

(26) Dairy enterprises remain Vermont's leading source of agricultural revenues, with an estimated annual economic impact of over $2 billion or approximately 75 percent of total gross agricultural output.

(27) Recent grants and educational programs have started to address the lack of slaughter and meat-processing facilities in the State; however, there continues to be a strong need to further these efforts.
6 V.S.A. § 7 — VT Code / Title 6 / Chapter 1 / Section 7
§ 7. Feed, seed, and fertilizer authority
Status: in_force

Authority to administer and enforce the provisions of chapter 35 of this title is hereby transferred from the Director of the Experiment Station to the Secretary of Agriculture, Food and Markets. Any reference in chapter 35 to the words Director of the Agricultural Experiment Station or Director shall be deemed to mean Secretary of Agriculture, Food and Markets. Any reference to the related services division of the College of Agriculture shall be deemed to mean the Agency of Agriculture, Food and Markets. Any reference to the Chief Financial Officer of the University of Vermont shall be deemed to mean the State Treasurer.
6 V.S.A. § 762 — VT Code / Title 6 / Chapter 63 / Section 762
§ 762. License; fee
Status: in_force

(a) A person shall not carry on the business of a livestock dealer, packer, or transporter without first obtaining a license from the Secretary of Agriculture, Food and Markets. Before the issuance of each applicable license, a person shall file an application on Agency-provided forms with the Secretary. Each application shall be accompanied by a fee of $175.00 for livestock dealers and packers and $100.00 for livestock transporters.

(b) The Secretary may deny any application for a livestock dealer, packer, or transporter license, after notice and an opportunity for a hearing, whenever the applicant is a person or a representative of a person who has had a livestock dealer, packer, or transporter license suspended or revoked by any state, including Vermont, or any foreign country during the preceding five years or who has been convicted of violating statutes, rules, or regulations of any state or the federal government pertaining to the sale or transportation of livestock or the control of livestock disease. The applicant shall be informed of any denial by letter, which shall include the specific reasons for the denial. The applicant shall have 15 days in which to petition the Secretary for reconsideration. The petition shall be submitted in writing, and the Secretary in the Secretary's discretion may hold a further hearing on the petition for reconsideration. Thereafter, the Secretary shall issue or deny the license and shall inform the applicant in writing of the Secretary's decision and the reasons for the decision.

(c) The Livestock Special Fund is established under and shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5. All funds received under this section shall be deposited in the Livestock Special Fund for use by the Agency for administration of livestock programs.

(d) The Secretary may require a person to obtain a license as a livestock dealer under this section when the Secretary, in his or her discretion, determines that a person is buying, selling, or transporting livestock or taking other action in a manner intended to circumvent the requirements of this section.
6 V.S.A. § 3312 — VT Code / Title 6 / Chapter 204 / Section 3312
§ 3312. Inspection; exceptions
Status: in_force

(a) Not intended for human food. Inspection shall not be provided under this chapter at any establishment for the slaughter of livestock or poultry or the preparation of any livestock products or poultry products that are not intended for use as human food, but these products shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by rules of the Secretary to deter their use for human food. These licensed establishments shall be subject to periodic review.

(b) 1,000 bird exemption. Inspection shall not be required for the slaughter or preparation of raw poultry products of the producer's own raising on the producer's own premises, whether or not they are intended for use as human food if:

(1) fewer than 1,000 birds are slaughtered annually;

(2) no raw poultry products are offered for sale or transportation in interstate commerce; and

(3) the raw poultry products are only sold from the farm, at a farmers' market, or to a food restaurant licensed by the Commissioner of Health or are for personal use.

(c) 5,000 bird exemption.

(1) Inspection shall not be required for the slaughter or preparation of raw poultry products of the producer's own raising on the producer's own premises, whether or not they are intended for use as human food, if all of the following conditions are satisfied:

(A) Not more than 5,000 birds are slaughtered annually.

(B) No raw poultry products are offered for sale or transportation in interstate commerce.

(C) The raw poultry products are only sold, from the farm, at a farmers' market, directly to household consumers, or to a food restaurant licensed by the Commissioner of Health or are for personal use.

(D) The producer's facility is not used to slaughter or process poultry by any other person or business.

(E) The producer does not purchase birds for resale that have been processed under the exemption under this section.

(F) The poultry are healthy when slaughtered.

(G) The poultry are slaughtered and otherwise processed and handled under sanitary standards, practices, and procedures that result in the preparation of raw poultry products that are sound, clean, and fit for human food when distributed by the producer.

(2) As used in this subsection, “sanitary standards, practices, and procedures” means:

(A) the poultry are slaughtered in a facility that is soundly constructed, kept in good repair, and of sufficient size;

(B) rooms or compartments in which an edible product is processed, handled, or stored shall be separated from areas used for slaughter, provided that a producer may use heavy duty plastic sheeting as a means of separation when such sheeting prevents the creation of insanitary conditions;

(C) all food-contact surfaces and nonfood-contact surfaces in the facility are cleaned and sanitized as frequently as necessary to prevent the creation of insanitary conditions and the adulteration of the products;

(D) pest control shall be adequate to prevent the harborage of pests on the grounds and within the facility;

(E) substances used for sanitation and pest control shall be safe and effective under the conditions of use and shall not be applied or stored in a manner that will result in the contamination of edible products;

(F)(i) sewage from human waste shall be disposed of in a sewage system separate from other drainage lines; or

(ii) sewage is disposed of through other means to prevent the creation of insanitary conditions or the backup into the area where the product is processed, handled, or stored, including disposal of process wastewater through on-farm composting under the Required Agricultural Practices;

(G) a supply of potable water of suitable temperature is provided in all areas where required for processing the product, cleaning rooms, cleaning equipment, cleaning utensils, and cleaning packaging materials;

(H) equipment and utensils used for processing or handling edible product are of a material that is cleanable and sanitizable;

(I) receptacles used for storing inedible material are of such material and construction that their use will not result in adulteration of any edible product or create insanitary conditions;

(J) a person working in contact with the raw poultry products, food- contact surfaces, and product-packaging material shall maintain hygienic practices; and

(K) clothing worn by persons who handle raw poultry products shall be of material that is cleanable or disposable, and garments shall be cleaned or changed as often as necessary to prevent adulteration of raw poultry products or the creation of insanitary conditions.

(d) 20,000 bird exemption. Inspection shall not be required for the slaughter or preparation of raw poultry products of the producer's own raising on the producer's own premises, whether or not they are intended for use as human food, if:

(1) not more than 20,000 birds are slaughtered annually;

(2) no birds are offered for sale or transportation in interstate commerce;

(3) the raw poultry products are only sold, from the farm, at a farmers' market, directly to household consumers, or to a food restaurant licensed by the Commissioner of Health or are for personal use;

(4) the producer's facility is not used to slaughter or process poultry by any other person or business;

(5) the producer does not purchase birds for resale that have been processed under the exemption under this section;

(6) the poultry are healthy when slaughtered; and

(7) the poultry are slaughtered and otherwise processed and handled according to the sanitary performance standards of 9 C.F.R. §§ 416.1-416.17.

(e) Required label. All raw poultry products sold from the farm, at a farmers' market, or to a food restaurant pursuant to the exemption in subsection (b), (c), or (d) of this section shall be labeled with the following information:

(1) Name of farm and name of producer.

(2) Address of farm, including zip code.

(3) Name of the product.

(4) “Exempt per 6 V.S.A. § 3312(b): NOT INSPECTED.” This statement shall be prominently displayed with such conspicuousness (as compared with other words or statements, designs, or devices in the labeling) as to render it likely to be read and understood under customary conditions of purchase and use.

(5) Safe handling and cooking instructions as follows:

“SAFE HANDLING INSTRUCTIONS:

Keep refrigerated or frozen. Thaw in refrigerator or microwave.

Keep raw poultry separate from other foods.

Wash working surfaces, including cutting boards, utensils, and hands after touching raw poultry.

Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds.

Keep hot foods hot. Refrigerate leftovers immediately or discard.”

(f) Menu items; label. Any menu item that includes poultry that is exempt under this section shall clearly state the name of the farm from which the poultry was purchased and shall prominently display the words “poultry processed on the farm and not inspected” on the menu in proximity to the menu item. Poultry sold to food restaurants under the exemption in this section shall include a label alerting the purchaser to these labeling requirements.

(g) Food restaurant; signed statement. The poultry producer, upon first selling poultry to a food restaurant, must procure a signed statement from the food restaurant stating that the food restaurant is aware that the poultry is exempted from inspection under subsection (b), (c), or (d) of this section, and that the menu of the food restaurant must have the information required by subsection (e) of this section. The poultry producer must keep the signed statement on file as long as the producer is selling poultry to the food restaurant under this section. The poultry producer must have a signed statement on file from each food restaurant to which poultry is sold under this section and an exact copy of each statement, including the name of the producer and the name of the purchasing restaurant shall be forwarded to the Department of Health.

(h) Approved label. Prior to selling poultry products slaughtered pursuant to the exemption in subsection (c) or (d) of this section, a poultry producer shall submit to the Secretary for approval a copy of the label that the poultry producer proposes to use for compliance with the requirements of subsection (e) of this section.
6 V.S.A. § 4 — VT Code / Title 6 / Chapter 1 / Section 4
§ 4. Meetings outside State
Status: in_force

The Secretary may attend conventions, meetings, or institutes relating to agriculture held in other states or countries. With the approval of the Governor, he or she may use a portion of the monies apportioned for agriculture to represent the State by exhibit or otherwise outside the State.
6 V.S.A. § 5154 — VT Code / Title 6 / Chapter 219 / Section 5154
§ 5154. State Agricultural Fairs and Field Days Grant Program; eligibility
Status: in_force

(a) A grant program is established within the Agency of Agriculture, Food and Markets to provide financial assistance from funds appropriated for this purpose to eligible agricultural fair associations to support their agricultural fairs or field days.

(b) An agricultural fair association shall be eligible to apply for grant funds under this section if it meets all of the following:

(1) It operates an agricultural fair or field days that is open a minimum of three consecutive eight-hour days each year or it operates a fair that received grant funding through the previous State stipend fund for agricultural fairs.

(2) It timely applies for a grant, submits a complete application, and provides all requested information.

(3) It is in good standing with the Agency of Agriculture, Food and Markets.

(4) It fully intends to continue operating an agricultural fair or field days that is open a minimum of three consecutive eight-hour days during both the current and next calendar year.

(c) The Secretary shall create an application form that agricultural fair associations must utilize when applying for assistance. Agency of Administration Bulletin 5.0 shall apply to all awarded grants, and applicants shall certify that all information they provide is truthful and accurate to the best of their knowledge, information, and belief.

(d) The Secretary shall have the discretion to solicit relevant information, establish and enforce an application deadline, and establish a reasonable time frame to distribute grant funds to eligible and qualified applicants. The Secretary may require each applicant to:

(1) explain the basis for each request with an informative narrative and pertinent financial data;

(2) explain how any awarded grant funds will be used, including whether the funds will support general operations or plant improvement;

(3) provide accurate attendance numbers, the amount spent on premiums for competitive exhibits, the amount spent on general operations, and the amount spent on plant improvements for one or more of the most recent fairs or field days;

(4) indicate how the requested grant will support continued operations and promote agriculture in the State;

(5) explain how recently awarded program grants supported the purposes of this chapter; and

(6) explain its goals for the next five years, how it plans to achieve the goals, and the role of the requested grant funds in meeting its objectives.

(e) The Secretary shall have the discretion to issue grant awards to eligible agricultural fair associations after the application deadline expires and the Secretary evaluates all timely applications. The Secretary shall equitably distribute the appropriated funds to qualified applicants and strive to support fairs and field days in all areas of the State. When equitably distributing available funds, the Secretary shall consider the following factors:

(1) the importance of the requested grant to the applicant;

(2) how the grant will help farmers, food producers, and promote agriculture;

(3) how the grant will support the local community;

(4) each applicant's attendance numbers, the amount it spent on premiums for competitive exhibits, the amount it spent on general operations, and the amount it spent on plant improvements;

(5) each applicant's past success in productively utilizing grant funds;

(6) each applicant's plans to facilitate the purposes of this chapter; and

(7) the relative needs of all applicants and how the distribution of available funds may best meet the purposes of the program.

(f)(1) The Secretary shall equitably distribute appropriated funds to eligible qualified applicants. The Secretary shall determine each applicant's percentage of total fair and field days activity through a formula that equally measures each applicant's respective percentage of the total applicant:

(A) attendance;

(B) premium expenditures;

(C) general operations expenditures; and

(D) plant improvement expenditures for the most recent calendar year.

(2) Generally, the Secretary shall award proportionate shares of available grant funds based on each applicant's combined percentage of total applicant activity. No applicant shall receive more than 10 percent of the total appropriated funds unless fewer than 10 fair associations apply. In the Secretary's sole discretion, the Secretary may consider the additional enumerated factors in this section and use an alternate method to equitably distribute available funds.
6 V.S.A. § 1036 — VT Code / Title 6 / Chapter 84 / Section 1036
§ 1036. Technical assistance
Status: in_force

The Secretary may provide technical assistance in the area of pest management. Such assistance may include diagnostic services, pest identification, and pest management recommendations. The Secretary is also authorized to conduct demonstrations, investigations, and case studies on pest management strategies.
6 V.S.A. § 2778 — VT Code / Title 6 / Chapter 152 / Section 2778
§ 2778. Sale or delivery of unpasteurized (raw) milk
Status: in_force

(a) Sale or delivery of unpasteurized milk off the farm, at a farm stand, or by a CSA organization is permitted within the State of Vermont and of milk produced by a producer meeting the requirements of subsection 2777(f) of this chapter.

(b) Sale or delivery of unpasteurized milk off the farm, at a farm stand, or by a CSA organization shall conform to the following requirements:

(1) Persons selling or delivering unpasteurized milk shall inform each customer of the need to keep milk refrigerated.

(2) A producer may sell or deliver unpasteurized milk directly to the customer:

(A) at the customer's home or may deliver it to the customer's home when delivery is into a refrigerated unit at the customer's home if such unit is capable of maintaining the unpasteurized milk at 40 degrees Fahrenheit or lower until obtained by the customer; or

(B) at a farmers' market, as that term is defined in section 5001 of this title, where the producer is a vendor.

(3) During delivery or storage prior to sale, unpasteurized milk shall be protected from exposure to direct sunlight.

(4) During delivery or storage prior to sale, unpasteurized milk shall be kept at 40 degrees Fahrenheit or lower at all times.

(c)(1) A producer may contract with another individual, a farm stand, or a CSA organization to deliver or sell the unpasteurized milk in accordance with this section.

(2) The producer shall be jointly and severally liable for the delivery or sale of the unpasteurized milk in accordance with this section.

(3) The producer shall submit to the Agency of Agriculture, Food and Markets notice of the farm stands or CSA organizations with whom the producer has contracted to sell the producer's unpasteurized milk under this section.

(d) Prior to delivery or sale at a farmers' market under this section, a producer shall submit to the Agency of Agriculture, Food and Markets written or electronic notice of intent to deliver or sell unpasteurized milk at a farmers' market. The notice shall:

(1) include the producer's name and proof of registration;

(2) identify the farmers' market or markets where the producer will deliver milk; and

(3) specify the day or days of the week on which delivery or sale will be made at a farmers' market.

(e) A producer selling or delivering unpasteurized milk at a farmers' market under this section shall display the registration required under subdivision 2777(f)(4) of this title and the sign required under subdivision 2777(d)(6) on the farmers' market stall or stand in a prominent manner that is clearly visible to consumers.

(f) A farm stand or a CSA organization selling unpasteurized milk produced on a farm other than the farm or farms where the farm stand or CSA organization is located shall:

(1) maintain a list of all customers to whom unpasteurized milk is sold, including addresses, telephone numbers, and, when available, e-mail addresses; date of purchase; and amount purchased;

(2) submit the records required under subdivision (1) of this section to the producer weekly;

(3) store unpasteurized milk in a refrigerated unit or other adequate storage that is capable of keeping the milk at 40 degrees Fahrenheit or lower in a sanitary and effective manner; and

(4) display the sign required for producers under subdivision 2777(d)(6)(B) in a place where clearly visible to and easily readable by customers at the farm stand or CSA organization.

(g) Sale of unpasteurized milk by a farm stand or a CSA organization under this subsection shall be deemed to be farming under 10 V.S.A. § 6001(22) and the Required Agricultural Practices.

(h) The Secretary may inspect a farm stand or CSA organization selling unpasteurized milk under this section during reasonable hours for the purposes of determining compliance with this section.
6 V.S.A. § 17 — VT Code / Title 6 / Chapter 1 / Section 17
§ 17. Collections
Status: in_force

(a) The Secretary may collect an unpaid administrative or civil penalty by filing a civil collection action in any Superior Court or through any other means available to State agencies.

(b) The Secretary may, subject to 3 V.S.A. chapter 25, suspend any license, certificate, registration, or permit issued pursuant to his or her authority for failure to pay a penalty under this chapter more than 45 days after the penalty was imposed by order and served.
6 V.S.A. § 2905 — VT Code / Title 6 / Chapter 159 / Section 2905
§ 2905. Foreclosure and sale
Status: in_force

Within 90 days after the date of judgment in the suit to perfect the lien or liens, the plaintiff may cause a certified copy of the lien to be recorded in the office of the clerk of the town in which the notice of lien was originally filed. The judgment order shall state the period, not exceeding one year, in which the right of the defendant to redeem the property may be exercised or, alternatively, shall provide for the time, place, manner, and notice of a sale of the property and application of the proceeds from the sale in payment of the producer's liens and the lawful claims of others in the property.
6 V.S.A. § 332 — VT Code / Title 6 / Chapter 26 / Section 332
§ 332. Detained commercial feeds, feed supplements, or dosage form animal health products
Status: in_force

(a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of commercial feed, feed supplement, or dosage form animal health product is being distributed in violation of any of the provisions of this chapter or any of the rules under this chapter, he or she may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed, feed supplement, or dosage form animal health product in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of commercial feed, feed supplement, or dosage animal health product withdrawn when this chapter and rules have been complied with. If compliance is not obtained within 30 days, the Secretary may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.

(b) Condemnation and confiscation. Any lot of commercial feed, feed supplement, or dosage form animal health product not in compliance with this chapter and rules shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed, feed supplement, or dosage form animal health product to be in violation of this chapter and orders the condemnation of the commercial feed, feed supplement, or dosage form animal health product, it shall be disposed of in any manner consistent with the quality of the commercial feed, feed supplement, or dosage form animal health product and the laws of the State, provided that in no instance shall the disposition of the commercial feed, feed supplement, or dosage form animal health product be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed, feed supplement, or dosage form animal health product or for permission to process or relabel the commercial feed, feed supplement, or dosage form animal health product to bring it into compliance with this chapter.
6 V.S.A. § 1105a — VT Code / Title 6 / Chapter 87 / Section 1105a
§ 1105a. Treated articles; powers of Secretary; best management practices
Status: in_force

(a) The Secretary of Agriculture, Food and Markets, upon the recommendation of the Agricultural Innovation Board, may adopt by rule:

(1) best management practices (BMPs), standards, procedures, and requirements relating to the sale, use, storage, or disposal of treated articles the use of which the Agricultural Innovation Board has determined will have a hazardous or long-term deleterious effect on the environment, presents a likely risk to human health, or is dangerous;

(2) requirements for the response to or corrective actions for exigent circumstances or contamination from a treated article that presents a threat to human health or the environment;

(3) requirements for the examination or inspection of treated articles the use of which the Agricultural Innovation Board has determined will have a hazardous or long-term deleterious effect on the environment, presents a likely risk to human health, or is dangerous;

(4) requirements for persons selling treated articles to keep or make available to the Secretary records of sale of treated articles, and what treatments were received, the use of which the Agricultural Innovation Board has determined will have a hazardous or long-term deleterious effect on the environment, presents a likely risk to human health, or is dangerous; or

(5) requirements for reporting of incidents resulting from accidental contamination from or misuse of treated articles the use of which the Agricultural Innovation Board has determined will have a hazardous or long-term deleterious effect on the environment, presents a likely risk to human health, or is dangerous.

(b) At least 30 days prior to prefiling a rule authorized under subsection (a) or subsection (c) of this section with the Interagency Committee on Administrative Rules under 3 V.S.A. § 837, the Secretary shall submit a copy of the draft rule to the Senate Committee on Agriculture and the House Committee on Agriculture, Food Resiliency, and Forestry for review.

(c)(1) Under subsection (a) of this section, the Secretary of Agriculture, Food and Markets, after consultation with the Agricultural Innovation Board, shall adopt by rule BMPs for the use in the State of:

(A) neonicotinoid treated article seeds when used prior to January 1, 2031;

(B) neonicotinoid treated article seeds when the Secretary issues a written exemption order pursuant to section 1105b of this chapter authorizing the use of neonicotinoid treated article seeds;

(C) neonicotinoid pesticides when the Secretary issues a written exemption order pursuant to section 1105c of this chapter authorizing the use of neonicotinoid pesticides; and

(D) the agricultural use after July 1, 2025 of neonicotinoid pesticides the use of which is not otherwise prohibited under law.

(2) In developing the rules with the Agricultural Innovation Board, the Secretary shall address:

(A) establishment of threshold levels of pest pressure required prior to use of neonicotinoid treated article seeds or neonicotinoid pesticides;

(B) availability of nontreated article seeds that are not neonicotinoid treated article seeds;

(C) economic impact from crop loss as compared to crop yield when neonicotinoid treated article seeds or neonicotinoid pesticides are used;

(D) relative toxicities of different neonicotinoid treated article seeds or neonicotinoid pesticides and the effects of neonicotinoid treated article seeds or neonicotinoid pesticides on human health and the environment;

(E) surveillance and monitoring techniques for in-field pest pressure;

(F) ways to reduce pest harborage from conservation tillage practices; and

(G) criteria for a system of approval of neonicotinoid treated article seeds or neonicotinoid pesticides.

(3) In implementing the rules required under this subsection, the Secretary of Agriculture, Food and Markets shall work with farmers, seed companies, and other relevant parties to ensure that farmers have access to appropriate varieties and amounts of untreated seed or treated seed that are not neonicotinoid treated article seeds.
6 V.S.A. § 357 — VT Code / Title 6 / Chapter 27 / Section 357
§ 357. Penalty
Status: in_force

(a) Notwithstanding the requirements of section 356 of this title, the Secretary at any time may pursue one or more of the following:

(1) issue an appropriate order including a cease and desist or stop sale order to a person the Secretary believes to be in violation of this chapter or an underlying rule;

(2) order mandatory corrective actions;

(3) take any action authorized under chapter 1 of this title; or

(4) seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title.

(b) When the Secretary of Agriculture, Food and Markets issues an order to cease and desist, stop sale, or take other action, or a required corrective action, the Secretary shall provide the person subject to the order or corrective action a statement that the order or corrective action is effective upon receipt and the person has 15 days to request a hearing.

(c) If the Secretary of Agriculture, Food and Markets issues a verbal order under this section, the Secretary shall issue written notice to the person subject to the order within five business days following the issuance of the verbal order. The written notice shall include a statement that the person has 15 days from the date the written notice was received to request a hearing.

(d) If a person who receives a written order to cease and desist, stop sale, or take other action, or a written required corrective action, does not request a hearing in writing within 15 days after receipt of the written order or required corrective action, the person waives the right to a hearing. Upon receipt of a written request for a hearing, the Secretary shall promptly set a date and time for a hearing. A request for a hearing on an order issued under this section shall not stay the order.

(e) A person aggrieved by a final action or decision of the Secretary under this section may appeal de novo to the Civil Division of the Superior Court within 30 days of the Secretary's final decision.
6 V.S.A. § 615 — VT Code / Title 6 / Chapter 35 / Section 615
§ 615. Shipping inspection
Status: in_force

The Secretary of Agriculture, Food and Markets shall have authority to set up shipping inspection as a part of the certification service.
6 V.S.A. § 616 — VT Code / Title 6 / Chapter 35 / Section 616
§ 616. Fees
Status: in_force

(a) The Secretary shall have authority to assess growers who apply for the certification privilege a fee per acre, to be paid in one or more installments.

(b) Growers shall be assessed $35.00 for the first five acres inclusive. Over five acres shall be assessed $35.00 plus $3.00 per acre over five acres.

(c) Payment for certification shall be based upon the following schedule:

(1) The application for certification shall be accompanied by 60 percent of the certification fee. The balance, or 40 percent of the certification fee, shall be payable not later than 90 days after the bill is rendered. Certification shall be withheld until all fees have been paid.

(2) The balance, 40 percent, of the certification shall be waived if the field is rejected upon field inspection or if no crop is harvested for reasons beyond the grower's control.
6 V.S.A. § 1159 — VT Code / Title 6 / Chapter 102 / Section 1159
§ 1159. Disposal of diseased animals
Status: in_force

(a) The Secretary may condemn and order destroyed any animal that is infected with or has been exposed to a contagious disease. An order to destroy an animal shall be based on a determination that the destruction of the animal is necessary to prevent or control the spread of the disease. The Secretary shall order any condemned animal to be destroyed and disposed of in accordance with approved methods. The Secretary's order may extend to some or all of the animals on the affected premises.

(b) The Secretary may order that any real property, building, vehicle, piece of equipment, container, or other article associated with a diseased animal be disinfected and sanitized. Any cost of disinfection incurred by the Secretary shall be deducted from any compensation paid to an animal's owner under this section.

(c) The Secretary may compensate the owner of any domestic animal destroyed pursuant to this chapter because of exposure to or infection with contagious disease. The Secretary, after consultation with the U.S. Department of Agriculture, shall determine the necessity for and amount of compensation on a case-by-case basis.

(d) Compensation under this section shall only be paid when:

(1) the Agency of Agriculture, Food and Markets has determined the origin of all animals on the premises containing the condemned animal;

(2) all other applicable State or federal livestock statutes, rules, or regulations have been complied with by the owner or person in possession of the animal;

(3) there are sufficient State funds appropriated for this purpose; and

(4) in the case of a person who has made a claim for compensation under this section within the previous two years, the Secretary determines that adequate measures were taken to prevent the reintroduction of contagious diseases into that person's herd or flock.

(e) It shall be unlawful to violate the terms of an order issued pursuant to subsection (a) or (b) of this section. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than six months, or both. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section and causes the spread of a contagious disease shall be subject to a fine of not more than $15,000.00 or imprisonment for not more than two years, or both.

(f) A destruction order, whether verbal or written, shall take effect immediately on notice to the owner or the person in possession of the animal or animals, if the owner or person in possession is known. The notice shall be given by certified mail or in person. Within 15 days of receiving the notice, the owner or person in possession may request a hearing to be held by the Secretary. The hearing shall be held within 60 days from the date of the request unless the Secretary has determined that a longer period is necessary because of the extent of the outbreak of disease, in which case the hearing shall be held as soon as practicable. A request for a hearing shall not stay the destruction order.
6 V.S.A. § 2935 — VT Code / Title 6 / Chapter 161 / Section 2935
§ 2935. Prohibition; administrative penalty; injunctive relief
Status: in_force

(a) Any handler or distributor that buys, offers to buy, sells, or transfers ownership of milk in any form at any price or for any consideration that is less than the price or prices set by rule of the Commission may be assessed an administrative penalty by the Secretary, in accordance with the standards and procedures set forth in sections 15, 16, and 17 of this title, in an amount not to exceed $10,000.00 for each violation and not to exceed $50,000.00 per day for multiple violations in a single transaction or a series of related transactions.

(b) The Commission, through the Secretary, may seek appropriate injunctive relief to enforce the provisions of this chapter.
6 V.S.A. § 1814 — VT Code / Title 6 / Chapter 141 / Section 1814
§ 1814. Termination of over-order price or marketing order
Status: in_force

(a) The Commission shall terminate any regulations establishing an over-order price or Commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.

(b) The Commission shall terminate any regulations establishing an over-order price or a Commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the Commission, have been engaged in the production of milk, the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.

(c) The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by section four of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553).
6 V.S.A. § 13 — VT Code / Title 6 / Chapter 1 / Section 13
§ 13. Assurances of discontinuance
Status: in_force

(a) As an alternative to administrative or judicial proceedings, the Secretary may accept an assurance of discontinuance of any violation. An assurance of discontinuance may include:

(1) specific actions to be taken;

(2) abatement or mitigation schedules;

(3) payment of a civil or administrative penalty and the costs of investigation; or

(4) payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.

(b) An assurance of discontinuance shall be in writing and may by its terms be filed with the Superior Court having jurisdiction over the subject matter and become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation.

(c) Any violation of an assurance of discontinuance shall constitute a separate and distinct offense of the underlying regulatory program and shall be subject to the applicable general penalties for violations of the law under that program, in addition to any other applicable penalties.

(d) Costs of investigations collected under subsection (a) of this section shall be credited to a special fund and shall be available to the Agency to offset these costs.
6 V.S.A. § 336 — VT Code / Title 6 / Chapter 26 / Section 336
§ 336. Administrative penalty
Status: in_force

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

(1) distributed a feed, feed supplement, or dosage form animal health product without first obtaining the appropriate product registration;

(2) distributed a commercial feed, feed supplement, or dosage form animal health product without appropriate labeling;

(3) violated a cease and desist order;

(4) failed to meet the product guarantee on the label or for the custom formula feed; or

(5) distributed a commercial feed, feed supplement, or dosage form animal health product that is adulterated as defined in section 327 of this chapter.
6 V.S.A. § 18 — VT Code / Title 6 / Chapter 1 / Section 18
§ 18. Certificate of free sale
Status: in_force

(a) The Secretary is hereby authorized to make available certificates of free sale to applicants who manufacture or produce Vermont food regulated by the Agency for the limited purpose of facilitating the shipment of such products for sale in foreign countries.

(b) The Agency may adopt rules for the issuance of such certificates.

(c) The Agency shall assess a fee of $30.00 per certificate to offset administrative costs.
6 V.S.A. § 381 — VT Code / Title 6 / Chapter 28 / Section 381
§ 381. Golf courses; nutrient management plan
Status: in_force

As a condition of the permit issued to golf courses under chapter 87 of this title and rules adopted under that chapter, a golf course shall be required to submit to the Secretary of Agriculture, Food and Markets a nutrient management plan for the use and application of fertilizer to grasses or other lands owned or controlled by the golf course. The nutrient management plan shall ensure that the golf course applies fertilizer according to the agronomic rates for the site-specific conditions of the golf course.
6 V.S.A. § 351a — VT Code / Title 6 / Chapter 27 / Section 351a
§ 351a. Application
Status: in_force

The provisions of this chapter shall apply to all shipments, containers, or displays in which eggs are packed, distributed, sold, held in storage, offered, or exposed for sale.
6 V.S.A. § 174 — VT Code / Title 6 / Chapter 21 / Section 174
§ 174. Publication of grades, standards, brands, labels, or trademarks
Status: in_force

Upon the establishment of such grades or standards and upon the determination of brands, labels, or trademarks, the Secretary shall give them due publicity and distribute information relative to their use.
6 V.S.A. § 1032 — VT Code / Title 6 / Chapter 84 / Section 1032
§ 1032. Powers of the Secretary
Status: in_force

The Secretary in furtherance of the purposes of this chapter may:

(1) Adopt and amend rules as he or she deems necessary in order to carry out the provisions of sections 1033, 1034, 1035, and 1040 of this chapter.

(2) Appoint assistants, subject to applicable laws and rules, to perform or assist in the performance of any of the duties or functions of the Secretary under this chapter.

(3) Excluding private domiciles and curtilage, enter any premises, public or private, as may be necessary to carry out the provisions of this chapter. Whenever practicable, advance notice of a proposed survey or examination shall be given to the owner or occupant of the property to be entered.

(4) Solicit and receive federal or private funds.

(5) Cooperate with the federal government and any agencies, departments, and instrumentalities of the federal government; the State of Vermont and any agencies, departments, divisions, or political subdivisions of the State; and any other state or commonwealth and any agencies, departments, or political subdivisions of a state or commonwealth in order to carry out the provisions of this chapter.

(6) Enter into compliance agreements with any person engaged in growing, handling, or moving regulated articles, plant pests, plants, or plant products.
6 V.S.A. § 2705 — VT Code / Title 6 / Chapter 151 / Section 2705
§ 2705. Revocation of licenses
Status: in_force

(a) The Secretary may after due notice and hearing revoke a handler's license if after due investigation made by the Secretary the handler is deemed to be in violation of any provisions of this part or the rules adopted under this part. The Secretary is charged with the administration and enforcement of this part.

(b) If the Secretary is unable to secure compliance with the provisions of this part and the rules adopted under this part, the Secretary shall report the matter to the Attorney General, together with all relevant information. Except as provided in section 2881 of this title, the Attorney General shall take such action as the public interest requires, including injunctions or prosecution in any court of competent jurisdiction.
6 V.S.A. § 351 — VT Code / Title 6 / Chapter 27 / Section 351
§ 351. Definitions; fresh eggs
Status: in_force

(a) For the purposes of this chapter, the following definitions shall be in effect:

(1) “Candling” means that process by that the apparent condition of the egg is determined by holding and twirling the egg before a bright light. Any type or make of candling light may be used that enables the grader to make consistently accurate determination of the quality of shell eggs.

(2) “Individual shell eggs” means those eggs that are a product of the domesticated chicken hen and that are in the shell.

(3) “Person” means any individual, firm, partnership, company, or corporation.

(4) “Shell protected eggs” means eggs that have a protective covering applied to the surface of the egg. Any product used to provide the protective covering shall conform to the regulations of the U.S. Food and Drug Administration.

(b) An egg shall be deemed to be “fresh” that meets the requirements of the United States or Vermont grade A as determined by the U.S. Department of Agriculture or the Secretary of Agriculture, Food and Markets pursuant to the provisions of chapter 21 of this title. The final determination as to eggs meeting these requirements shall be made by candling.
6 V.S.A. § 3302 — VT Code / Title 6 / Chapter 204 / Section 3302
§ 3302. Definitions
Status: in_force

As used in this chapter:

(1) “Adulterated” shall apply to any livestock product or poultry product under one or more of the following circumstances:

(A) If it contains any poisonous or harmful substance that may render it injurious to health. The product shall not be considered adulterated under this definition if the quantity of the substance in or on the product does not ordinarily render it injurious to health.

(B) If it contains any added poisonous or harmful substance that may, in the judgment of the Secretary, make the product unfit for human food.

(C) If it is a raw agricultural commodity and the commodity contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. § 346a (tolerances for pesticide residues).

(D) If it contains any food additive that is unsafe within the meaning of 21 U.S.C. § 348 (unsafe food additives).

(E) If it contains any color additive that is unsafe within the meaning of 21 U.S.C. § 379e (listing of color additives). A product that is not otherwise deemed adulterated under subdivisions (C) and (D) of this subdivision (1) shall be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on the product is prohibited by rules of the Secretary in official or licensed establishments.

(F) If it consists of any filthy, putrid, or decomposed substance or is unsound, unhealthful, unwholesome, or otherwise unfit for human food.

(G) If it has been prepared, packed, or held under unsanitary conditions where it may have become contaminated with filth, or where it may have been rendered injurious to health.

(H) If it is the product of an animal, including poultry, that has died in a manner other than by slaughter.

(I) If its container is composed of any poisonous or harmful substance that may render the contents injurious to health.

(J) If it has been subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to 21 U.S.C. § 348.

(K) If any valuable constituent has been omitted or abstracted; or if any substance has been substituted, wholly or in part; or if damage or inferiority has been concealed in any manner; or if any substance has been added or mixed or packed so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

(L) If it is margarine containing animal fat and any of the raw material used consisted of any filthy, putrid, or decomposed substance.

(2) “Animal food manufacturer” means any person engaged in the business of preparing animal, including poultry, food derived wholly or in part from livestock or poultry carcasses or parts or products of carcasses.

(3) “Broker” or “meat and poultry products broker” means any person engaged in the business of buying or selling livestock products or poultry products for other persons on commission, or otherwise negotiating purchases or sales of these products other than for his or her own account or as an employee of another person.

(4) “Capable of use as human food” shall apply to any livestock or poultry carcass, or part or product of any livestock or poultry carcass, unless it is denatured or otherwise identified as required by rules prescribed by the Secretary to deter its use as human food, or that is naturally inedible by humans.

(5) “Commercial processor” means any person who maintains an establishment under this chapter for the purpose of processing livestock, meat, meat food product, poultry, or poultry product other than for the exclusive use in the household of the owner of the commodity, by him or her and members of his or her household and his or her nonpaying guests and employees.

(6) “Commercial slaughterhouse” means any person engaged in the business of slaughtering livestock or poultry other than as a custom slaughterer or a person conducting slaughter under subsections 3312(b), (c), and (d) of this title.

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

(8) “Container” or “package” means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.

(9) “Custom processor” means any person who maintains an establishment under this chapter for the purpose of processing livestock, meat, meat food product, poultry, or poultry product exclusively for use, in the household of the owner of the commodity, by him or her and members of his or her household, and his or her nonpaying guests and employees.

(10) “Custom slaughterhouse” means a person who maintains a slaughtering establishment under this chapter for the purposes of slaughtering livestock or poultry for another person's exclusive use by him or her and members of his or her household and his or her nonpaying guests and employees.

(11) “Federal Food, Drug, and Cosmetic Act” means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and amendatory or supplementary acts codified at 21 U.S.C. §§ 301-399f. It shall include as part of its meaning the Vermont Food, Drug, Cosmetic, and Hazardous Substance Labeling Act codified at 18 V.S.A. chapter 82, subchapter 1, rules adopted under that chapter, and amendatory or supplementary acts, where not inconsistent with the Federal Food, Drug, and Cosmetic Act.

(12) “Federal Meat Inspection Act” means the Act so entitled approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584); the term “federal Poultry Products Inspection Act” means the Act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791); and the term “federal acts” mean these two federal laws.

(13) “Handler of dead, dying, disabled, or diseased animals” means any person who buys, sells, transports, or otherwise handles any animal that died other than by slaughter, or any animal that displays symptoms of having any of the following:

(A) central nervous system disorder;

(B) abnormal temperature, high or low;

(C) difficult breathing;

(D) abnormal swellings;

(E) lack of muscular coordination;

(F) inability to walk normally or stand; or

(G) any of the conditions for which livestock is required to be condemned on antemortem inspection in accordance with the requirements of this chapter and the rules adopted pursuant to this chapter.

(14) “Head of service” means the person designated by the Secretary to be in charge of the day-to-day operations of the Vermont Meat and Poultry Inspection and Licensing Program established by this chapter.

(15) “Immediate container” means any consumer package, or any other container in which livestock products or poultry products, not consumer packaged, are packed.

(16) “Inspector” means an employee or official of the State of Vermont authorized by the Secretary or any employee or official of the federal government or of any other governmental entity of this State, authorized by the Secretary to perform any inspection functions under this chapter under an agreement between the Secretary and the governmental entity.

(17) “Intrastate commerce” means any commerce within this State.

(18) “Label” means a display of written, printed, or graphic matter upon any product or the immediate container, not including package liners, of any product.

(19) “Labeling” means all labels and other written, printed, or graphic matter:

(A) upon any product or any of its containers or wrappers; or

(B) accompanying the product.

(20) “Licensed establishment” means any person required to hold a license under section 3306 of this title.

(21) “Livestock” means any cattle, sheep, swine, goats, horses, mules, or other equines, whether live or dead.

(22) “Livestock product” means any carcass, or part of a carcass, meat, or meat food product of any livestock.

(23) “Meat” means the part of the muscle of any cattle, sheep, swine, goats, horses, mules, or other equines that is skeletal or that is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, blood vessels that normally accompany the muscle tissue and that does not include the muscle found in the lips, snout, or ears.

(24) “Meat food product” and “meat product” mean any product capable of use as human food that is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products that are exempted from definition as a meat food product by the Secretary under conditions that the Secretary may prescribe to ensure that the meat or other portions of carcass contained in products are unadulterated and that products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, and goats.

(25) “Misbranded” shall apply to any livestock product or poultry product under one or more of the following circumstances:

(A) if its labeling is false or misleading in any way;

(B) if it is offered for sale under the name of another food;

(C) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately thereafter, the name of the food imitated;

(D) if its container is made, formed, or filled as to be misleading;

(E) unless it bears a label showing:

(i) the name and place of business of the manufacturer, packer, or distributor; and

(ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count, provided that under this subdivision (E), exemptions as to livestock products not in containers may be established by rules prescribed by the Secretary and provided further that under this subdivision (E)(ii), reasonable variations may be permitted, and exemptions as to small packages may be established for livestock products or poultry products by rule prescribed by the Secretary;

(F) if any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed with such conspicuousness as compared with other words, statements, designs, or devices, in the labeling and in terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(G) if it is represented as a food for which a definition and standard of identity or composition has been prescribed by the rules of the Secretary under section 3305 of this title unless:

(i) it conforms to the definition and standard; and

(ii) its label bears the name of the food specified in the definition and standard and, insofar as may be required by rules, the common names of optional ingredients other than spices, flavoring, and coloring present in the food;

(H) if it is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the Secretary under section 3305 of this title and it falls below the standard of fill of container, unless its label bears, in such manner and form as the rules specify, a statement that it falls below the standard;

(I) if it is not subject to the provisions of subdivision (G) of this subdivision (25), unless its label bears:

(i) the common or usual name of the food, if any; and

(ii) in case it is fabricated from two or more ingredients, the common name of each ingredient, except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each, provided that, to the extent that compliance with the requirements of this subdivision (I)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rules adopted by the Secretary;

(J) if it is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary determines to be, and by rules prescribe as, necessary in order to fully inform purchasers as to its value for these uses;

(K) if it contains any artificial flavoring, artificial coloring, or chemical preservative, unless it has a label stating that fact, provided that to the extent that compliance with the requirements of this subdivision (K) is impracticable, exemptions shall be established by rules adopted by the Secretary; and

(L) if it fails to have, directly on its containers, as the Secretary may by rules prescribe, the official inspection legend and establishment number of the establishment where the product was prepared, and, unrestricted by any of the foregoing, such other information as the Secretary may require in rules to ensure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the product in a wholesome condition.

(26) “Official certificate” means any certificate prescribed by rules of the Secretary for issuance by an inspector or other person performing official functions under this chapter.

(27) “Official device” means any device prescribed or authorized by the Secretary for use in applying any official mark.

(28) “Official establishment” means any establishment as determined by the Secretary at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this chapter.

(29) “Official inspection legend” means any symbol prescribed by rules of the Secretary showing that a product was inspected and passed in accordance with this chapter.

(30) “Official mark” means the official inspection legend or any other symbol prescribed by rules of the Secretary to identify the status of any product of livestock or poultry under this chapter.

(31) “Person” includes any individual, partnership, corporation, association, or other business unit and any officer, agent or employee.

(32) “Pesticide chemical,” “food additive,” “color additive,” and “raw agricultural commodity” shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act.

(33) “Poultry” means any domesticated bird, whether live or dead.

(34) “Poultry product” means any poultry carcass or part of a carcass; or any product that is made wholly or in part from any poultry carcass or part of a carcass, excepting products that are exempted by the Secretary from definition as a poultry product under conditions that the Secretary may prescribe to ensure that the poultry ingredients in products are not adulterated and that these products are not represented as poultry products.

(35) “Prepared” means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.

(36) “Public warehouse operator” means any person who acts as a temporary custodian of meat, meat food product, or poultry product stored in that person's warehouse for a fee.

(37) “Reinspection” includes inspection of the preparation of livestock products and poultry products, as well as reexamination of products previously inspected.

(38) “Renderer” means any person engaged in the business of rendering livestock or poultry carcasses, or parts of products of carcasses, except rendering conducted under inspection or exemption under this chapter.

(39) “Retail vendor” means any person who sells, displays, advertises for sale, offers for sale, or has available for sale meat, meat food products, or poultry products for purchase by consumers. Retail vendors include persons who operate stores, sell or attempt to sell to consumers at their homes, or otherwise sell, display, advertise, offer, or have available for sale, meat food products or poultry products at retail for purchase by consumers.

(40) “Shipping container” means any container used or intended for use in packaging the product packed in an immediate container.

(41) “Wholesale distributor” means any person who sells meat to retail vendors, other merchants, or to industrial, institutional, and commercial users mainly for resale or business use.

(42) “Mobile slaughter and processing establishment” means any transportable structure used for slaughtering or processing of meat or poultry products on a farm or on an agricultural fairground registered pursuant to 20 V.S.A. § 3902.

(43) “Itinerant livestock slaughter” means slaughter, in accordance with the requirements of subsection 3311a(e) of this title, of livestock owned by a person for his or her exclusive use or for use by members of his or her household and his or her nonpaying guests and employees.

(44) “Itinerant poultry slaughter” means the slaughter of poultry:

(A) at a person's home or farm in accordance with subsection 3312(b) of this title; or

(B) at a facility approved by the Secretary for the slaughtering of poultry.

(45) “Itinerant slaughterer” means a person who, for compensation or gain, engages in itinerant livestock slaughter or itinerant poultry slaughter.
6 V.S.A. § 380 — VT Code / Title 6 / Chapter 28 / Section 380
§ 380. Administrative penalty
Status: in_force

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

(1) distributed a specialty fertilizer, beneficial substance, or lime without first obtaining the appropriate product registration;

(2) distributed a fertilizer, beneficial substance, or lime without appropriate and accurate labeling, including when a beneficial substance label does not reflect its composition;

(3) distributed any adulterated fertilizer, beneficial substance, or lime;

(4) failed to disclose on the label sources of potentially deleterious components;

(5) failed to report or to accurately report the amount and form of each grade of fertilizer distributed in Vermont on an annual basis;

(6) failed to report or to accurately report the amount and form of each formulation of beneficial substance;

(7) failed to pay the appropriate tonnage fee; or

(8) violated a cease and desist order.
6 V.S.A. § 372 — VT Code / Title 6 / Chapter 28 / Section 372
§ 372. Plant food variations
Status: in_force

(a) The Secretary may assess a penalty upon finding that a fertilizer does not conform to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium content. A fertilizer shall be deemed out-of-conformance if the guarantee for the nitrogen, available phosphoric acid or phosphorus, or soluble potash or potassium exceeds the American Association of Plant Food Control Officials' established permitted analytical variance at an established confidence level of 97.5 percent.

(b) A penalty of two times the value of the deficiencies shall be assessed pursuant to procedures established by rule and shall be paid to the consumer.

(c) Each registrant shall be offered an opportunity for a hearing before the Secretary. Penalty payments shall be made within 30 days after notice of the Secretary's decision to assess a penalty. Proof of payment to the consumer shall be promptly forwarded to the Secretary by the registrant.

(d) If the consumer cannot be found, the amount of the penalty payments shall be paid to the Secretary who shall deposit the payment into the revolving account established by subsection 364(f) of this title.

(e) Fertilizer that has been purchased from a registrant or distributor and is altered so that the fertilizer's analysis is different from that originally guaranteed shall be considered a new product. Before this new product can be distributed to the consumer, it shall be registered in the proper manner. If a product is not registered, the manufacturer of the product shall be considered liable for purposes of enforcing the provisions of this chapter.

(f) This section is not an exclusive cause of action, and persons affected may utilize any other right of action available under the law.
6 V.S.A. § 234 — VT Code / Title 6 / Chapter 23 / Section 234
§ 234. Marks on containers
Status: in_force

Every package, container, or receptacle of apples that is packed, sold, distributed, offered, or exposed for sale or distribution in the State by any person shall be plainly and conspicuously marked with the name and address of the packer or person by whose authority the apples were packed; the true name of the variety; the grade; the minimum size or count of apples contained in the package, container, or receptacle; and the name of the state where the apples were grown. Any person who states or marks the price in connection with selling, displaying, or advertising apples shall also at the same time and place and by the same method state or mark in a plainly conspicuous manner the true variety, grade, and size offered at that price.
6 V.S.A. § 2744a — VT Code / Title 6 / Chapter 151 / Section 2744a
§ 2744a. Drugs
Status: in_force

(a) No producer shall sell or offer for sale milk that contains any drug or drugs in excess of tolerances established by the U.S. Food and Drug Administration in the Code of Federal Regulations.

(1) In the event that milk from a dairy producer contains a drug residue:

(A) No more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative.

(B) If a second drug residue violation occurs within 12 months of the first violation, no more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative. The producer shall have an administrative penalty equal to the value of one day of milk production assessed.

(C) If a third drug residue violation occurs within 12 months of the first violation, no more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative. The producer shall have an administrative penalty equal to the value of two days of milk production assessed. A hearing shall be warned to determine if the producer will be allowed to continue to ship milk.

(2) No handler or dealer shall accept milk from:

(A) a producer after a drug residue violation has occurred until a sample of at least one complete milking has been found negative; or

(B) a producer whose ability to sell milk is suspended or terminated.

(3) A producer who fails to pay an administrative penalty issued under this section within 30 days of issuance of a citation for violation of this section shall have his or her ability to sell milk suspended until the administrative penalty is paid. In lieu of suspending a producer's ability to sell milk, the Secretary may accept the assessment by the milk dealer against the producer.

(4) Notwithstanding the provisions of subsection (c) of this section, the Secretary may at any time issue an emergency order prohibiting a producer from selling and a handler from accepting any milk until the milk tests negative for drugs.

(b)(1) No producer shall sell for slaughter livestock with bodily tissue containing any drug or drugs in excess of tolerances established by the U.S. Food and Drug Administration in the Code of Federal Regulations.

(2) In the event that bodily tissue obtained from livestock intended for slaughter is found to contain a drug or drugs in excess of levels established by the U.S. Food and Drug Administration in the Code of Federal Regulations at the time of sale, the Secretary may assess an administrative penalty not to exceed $1,000.00 for each violation and may require the farm to participate in a program approved by the Agency intended to mitigate further selling of animals for food that contain violative drug residues in their tissue.

(c) Before issuing an order or administrative penalty under this section, the Secretary shall provide the producer and the handler or dealer an opportunity for hearing.
6 V.S.A. § 1817 — VT Code / Title 6 / Chapter 141 / Section 1817
§ 1817. Enforcement with respect to handlers
Status: in_force

(a) Any violation by a handler of the provisions of regulations establishing an over-order price or a Commission marketing order, or other regulations adopted pursuant to this compact shall:

(1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.

(2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.

(b) With respect to handlers, the Commission shall enforce the provisions of this compact, regulations establishing an over-order price, a Commission marketing order, or other regulations adopted hereunder by:

(1) Commencing an action for legal or equitable relief brought in the name of the Commission in any state or federal court of competent jurisdiction; or

(2) With the agreement of the appropriate state agency of a participating state, by referral to the state agency for enforcement by judicial or administrative remedy.

(c) With respect to handlers, the Commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.
6 V.S.A. § 1803 — VT Code / Title 6 / Chapter 141 / Section 1803
§ 1803. Rules of construction
Status: in_force

(a) This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the Commission the option to replace them with one or more commission marketing orders pursuant to this compact.

(b) This compact shall be construed liberally in order to achieve the purposes and intent enunciated in section 1801 of this compact. It is the intent of this compact to establish a basic structure by which the Commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the Commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the Commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.
6 V.S.A. § 2721 — VT Code / Title 6 / Chapter 151 / Section 2721
§ 2721. Handlers' licenses
Status: in_force

(a) The Secretary may classify and issue licenses to milk handlers to carry on dairy product handling businesses, including the purchase, distribution, storage, or sale of milk or milk products, processing or manufacturing of milk or milk products, including the pasteurization of frozen dessert mixes, transport of milk and milk products, bargaining and collecting for the sale of milk and milk products, and dealing in or brokering milk or milk products.

(b) A milk handler shall not transact business in the State unless the milk handler secures and holds a handler's license from the Secretary. The license shall terminate September 1 each year and shall be procured by August 15 of each year. The Secretary shall furnish all forms for applications, licenses, and bonds. At the time the application is delivered to the Secretary, the milk handler shall pay a license application fee of $50.00 for an initial application and a license fee based on the following table. For a renewal application, only the fee in the table applies. Out-of-state firms shall use the company's highest total pounds of milk or dairy products bought, sold, packaged, assembled, transported, stored, or processed per production day.

(c) Notwithstanding subsection (b) of this section, the license handling fees only for the transportation of bulk milk shall be capped at $750.00 per year, and the license handling fees for milk producers who exclusively transport their own bulk milk shall be capped at $25.00 per year.
6 V.S.A. § 1474 — VT Code / Title 6 / Chapter 107 / Section 1474
§ 1474. Imports from quarantined herds, groups, or flocks
Status: in_force

No person shall import domestic animals into the State from any herd, flock, or group that is under quarantine in the state or place of origin due to the presence or suspected presence of an infectious or a contagious disease within the herd, flock, or group, except that such quarantined herds, flock, or groups may be moved directly to slaughter on permits issued by the Secretary.
6 V.S.A. § 323 — VT Code / Title 6 / Chapter 26 / Section 323
§ 323. Definitions
Status: in_force

As used in this chapter:

(1) “Dosage form animal health product” means any product intended to affect the structure or function of the animal's body or enhance or support the health or well-being of livestock, poultry, dogs, cats, or other domestic animals that does not provide nutritional benefit, does not require a prescription from a licensed veterinarian, is not intended for cosmetic purposes, or is exempted by the Secretary by rule. “Dosage form animal health product” shall not include a product regulated by the U.S. Food and Drug Administration as a drug.

(2) “Brand name” means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed, feed supplement, dosage form animal health product, or a distributor or registrant and distinguishing it from that of others.

(3) “Commercial feed” means all materials except whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of subsection 327(a) of this title, that are distributed for use as feed or for mixing in feed. The Secretary by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds, or substances are not intermixed or mixed with other materials and are not adulterated within the meaning of subsection 327(a) of this title.

(4) “Customer-formula feed” means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.

(5) “Distribute” means to offer for sale, sell, exchange, or barter commercial feed, feed supplements, or dosage form animal health products or to supply, furnish, or otherwise provide commercial feed, feed supplements, or dosage form animal health products through any means, including sales outlets, catalogues, the telephone, the internet, or any electronic means.

(6) “Distributor” means any person who distributes commercial feeds, feed supplements, or dosage form animal health products.

(7) “Drug” means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in domestic animals other than humans and substances other than feed intended to affect the structure or any function of the animal body.

(8) “Feed ingredient” means each of the constituent materials making up a commercial feed.

(9) “Feed supplement” means a material used with another to improve the nutritive balance or performance of the total and intended to be fed undiluted as a supplement to other feeds or offered free choice with other parts of the ration separately available or further diluted and mixed to produce a complete feed.

(10) “Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed, feed supplement, or dosage form animal health product is distributed or on the invoice or delivery slip with which a commercial feed, feed supplement, or dosage form animal health product is distributed.

(11) “Labeling” means all labels and other written, printed, or graphic matter upon a commercial feed, feed supplement, or dosage form animal health product or any of its containers; the wrapper accompanying the commercial feed, feed supplement, or dosage form animal health product; or advertisements, brochures, posters, electronic media, the internet, and television and radio announcements used in promoting the sale of the commercial feed, feed supplement, or dosage form animal health product.

(12) “Manufacture” means to produce, grind, mix, or blend or further process a commercial feed, feed supplement, or dosage form animal health product for distribution.

(13) “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(14) “Official sample” means a sample of feed taken by the Secretary in accordance with the provisions of subdivision 330(3) of this title.

(15) “Percent” or “percentages” means percentages by weights.

(16) “Permitted analytical variances” means those allowances for the inherent variability in sampling and laboratory analysis.

(17) “Pet” means any domesticated animal normally maintained in or near the household of the owner.

(18) “Pet food” means any commercial feed prepared and distributed for consumption by pets.

(19) “Product” means the name of the commercial feed, feed supplement, or dosage form animal health product that identifies it as to kind, class, or specific use.

(20) “Specialty pet” means any domesticated animal pet normally maintained in a cage or tank.

(21) “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets.

(22) “Ton” means a net weight of 2,000 pounds avoirdupois.
6 V.S.A. § 362 — VT Code / Title 6 / Chapter 28 / Section 362
§ 362. Enforcing official
Status: in_force

This chapter shall be administered by the Secretary of Agriculture, Food and Markets or designee, hereafter referred to as the Secretary.
6 V.S.A. § 4927 — VT Code / Title 6 / Chapter 215 / Section 4927
§ 4927. Report of surface water withdrawals for irrigation, livestock watering, or other farming use
Status: in_force

(a) Report of withdrawal. Beginning on January 15, 2023 and annually thereafter, any person who withdrew 10,000 gallons or more of surface water within a 24-hour period in the preceding calendar year or 150,000 gallons or more of surface water over any 30-day period in the preceding calendar year shall file a report with the Secretary of Agriculture, Food and Markets. The report shall be made on a form provided by the Secretary and shall include all of the following information:

(1) an estimate of the total amount of water withdrawn in the preceding calendar year;

(2) the location of the withdrawals;

(3) the daily maximum withdrawal for each month;

(4) the date of each daily maximum withdrawal; and

(5) any other information related to surface water withdrawal required by the Secretary of Agriculture, Food and Markets.

(b) Sharing of data. Beginning February 1, 2023 and annually thereafter, the Secretary of Agriculture, Food and Markets shall submit to the Secretary of Natural Resources the data collected under this section for the purposes of the report to the General Assembly required by 10 V.S.A. § 1045.
6 V.S.A. § 2856 — VT Code / Title 6 / Chapter 155 / Section 2856
§ 2856. Exemptions
Status: in_force

A person who holds a valid milk handler's license shall be exempt from all licensing provisions of this chapter.
6 V.S.A. § 368 — VT Code / Title 6 / Chapter 28 / Section 368
§ 368. Misbranding
Status: in_force

(a) No person shall distribute a misbranded fertilizer, beneficial substance, or agricultural lime. A fertilizer or beneficial substance shall be deemed to be misbranded if the Secretary determines one or more of the following:

(1) The labeling is false or misleading in any particular.

(2) It is distributed under the name of another fertilizer product or beneficial substance.

(3) It contains unsubstantiated claims.

(4) It is not labeled as required in section 365 of this title and in accordance with rules adopted under this chapter.

(5) It is labeled, or represented, to contain a plant nutrient that does not conform to the standard of identity established by rule. In adopting rules under this chapter, the Secretary shall consider definitions recommended by the Association of American Plant Food Control Officials.

(b) An agricultural lime shall be deemed to be misbranded if:

(1) its labeling is false or misleading in any particular; or

(2) it is not labeled as required by section 365 of this title and in accordance with rules adopted under this chapter.
6 V.S.A. § 1460 — VT Code / Title 6 / Chapter 107 / Section 1460
§ 1460. Interstate movement; administration
Status: in_force

(a) In order to implement the requirements of this chapter and chapter 63 of this title related to the licensing of livestock businesses, the Secretary of Agriculture, Food and Markets shall require importers of livestock or poultry into the State to comply with minimum requirements of the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. part 86, including any future amendments to the rule.

(b) In order to prevent the introduction or spread of contagious disease, or to ensure adequate animal traceability within this State, the Secretary may adopt rules to mandate stricter movement requirements than those required by the U.S. Department of Agriculture Animal Disease Traceability rule.
6 V.S.A. § 2775 — VT Code / Title 6 / Chapter 152 / Section 2775
§ 2775. Limited sale of unpasteurized (raw) milk permissible
Status: in_force

Notwithstanding section 2701 of this title, the production and sale of unpasteurized milk to a consumer for personal consumption is permitted within the State of Vermont only when produced, marketed, and sold in conformance with this chapter.
6 V.S.A. § 3307 — VT Code / Title 6 / Chapter 204 / Section 3307
§ 3307. Periodic review of noninspected licensed establishments
Status: in_force

(a) The Secretary may cause establishments that are required to be licensed under section 3306 of this title, but exempt from inspection under subdivision 3305(13) of this title, to be periodically reviewed by inspectors to ensure that the provisions of this chapter and the rules adopted pursuant to this chapter are complied with and that the public health, safety, and welfare is protected.

(b) Any periodic review shall include an examination of the licensed establishment's sanitation practices; sanitation of the areas where meat and poultry products are prepared, stored, and displayed; the adequacy of any refrigeration system used for meat food products and poultry products; labeling; and meat food products, or poultry products for wholesomeness and adulteration. In addition, the inspector conducting the periodic review may conduct any other examination necessary to ensure compliance with this chapter and the rules adopted pursuant to this chapter.

(c) The inspector may issue a stop sale or use order for any violation of this chapter, or of the rules adopted pursuant to this chapter. Any person receiving a stop sale or use order shall immediately remove the meat, meat food product, or poultry product from sale, or shall immediately cease to use any equipment or area as directed by the order until the order is lifted. The inspector may lift a stop sale or use order once he or she has determined that the violation has been corrected. Any person receiving a stop sale or use order may appeal the decision to the Secretary within five days of receiving the order.

(d) After discovery of a violation of this chapter, or the rules adopted pursuant to this chapter, the Secretary may take any additional action against the licensed establishment that he or she deems appropriate, including instituting a proceeding under subsection 3306(e) of this title and causing a civil, equitable, or criminal court proceeding to be brought against the licensed establishment.

(e) The Secretary may adopt all rules necessary to implement and enforce the licensing and periodic review provisions of the chapter, which may include minimum standards for sanitation, refrigeration, labeling, wholesomeness, adulteration, and such other rules as the Secretary deems necessary.
6 V.S.A. § 3023 — VT Code / Title 6 / Chapter 172 / Section 3023
§ 3023. Registration; report
Status: in_force

(a) Registration. A person who is the owner of any bees, apiary, colony, or hive in the State shall register with the Secretary in writing on a form provided by the Secretary.

(b) Report. Annually the owner of any bees, apiary, colony, or hive registered under subsection (a) of this section shall submit a report to the Secretary that includes all of the following information:

(1) The location of all apiaries and number of colonies that the person owns. The location of an apiary shall become its registered location, provided that the apiary is located in accordance with the requirements of section 3034 of this title.

(2) Whether a disease was discovered within any hive or colony in a registered apiary.

(3) Whether the owner transported into the State any colonies or used equipment.

(4) Whether the owner is engaged in the rearing of queen bees or any other bees for sale.

(5) A current varroa mite and pest mitigation plan for each registered apiary.

(c) Notification of Secretary. The owner of any bees, apiary, colony, or hive registered under subsection (a) of this section shall notify the Secretary as soon as practicable of the detection within an apiary or hive of American foulbrood disease or other disease designated by the Secretary.
6 V.S.A. § 1109 — VT Code / Title 6 / Chapter 87 / Section 1109
§ 1109. Licensing retail dealers
Status: in_force

The Secretary may adopt rules requiring persons selling Class C pesticides at retail to be licensed under this chapter and may establish reasonable requirements for obtaining licenses. The license fee for a retail dealer shall be $25.00 for one year or any part thereof for each store or place of business operated by the retail dealer. The license period shall be January 1 to December 31.
6 V.S.A. § 555 — VT Code / Title 6 / Chapter 33 / Section 555
§ 555. Advertising
Status: in_force

All newspaper, radio, or display advertising of potatoes in which the price is stated must show or state the grade or grades of potatoes being advertised.
6 V.S.A. § 1675 — VT Code / Title 6 / Chapter 113 / Section 1675
§ 1675. Inspection and investigation; records
Status: in_force

Any authorized representative of the Vermont Agency of Agriculture, Food and Markets or U.S. Department of Agriculture is authorized to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating the allegations of feeding of prohibited food waste to swine.
6 V.S.A. § 2986 — VT Code / Title 6 / Chapter 163 / Section 2986
§ 2986. Payment of assessment
Status: in_force

Each licensed handler and distributor shall pay the sums required with respect to each producer's payment received by him or her and the distributor's fee to the Secretary of Agriculture, Food and Markets by monthly payments, and shall file monthly reports on forms provided by the Secretary for this purpose of all matters of account for which a record is required to be kept. These payments and reports shall be due not later than the 28th day of the month following the month for which the payments and reports are made. A penalty of one percent per month on overdue payments shall be collected by the Secretary.
6 V.S.A. § 5151 — VT Code / Title 6 / Chapter 219 / Section 5151
§ 5151. Purpose
Status: in_force

It is the purpose of this chapter to recognize the importance of agricultural fairs and field days to the State's farmers, food producers, rural communities, and economy. It is State policy that agricultural fairs and field days benefit the State and its citizens and that their continued successful operations should be supported in every region of the State.
6 V.S.A. § 4964 — VT Code / Title 6 / Chapter 215 / Section 4964
§ 4964. Agricultural Innovation Board
Status: in_force

(a) Creation. There is created the Agricultural Innovation Board that shall:

(1) Review historic recommendations for pesticide reduction in the State and coordinate with existing work groups to avoid submitting to the General Assembly conflicting policy recommendations on the regulation of pesticides and farming.

(2) Recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers in order to protect soil biology, human health, and environmental health, including recommended targets to achieve the State goal of an overall reduction in the use of pesticides consistent with sound pest or vegetative management practices.

(3) Advise the Executive Branch and the General Assembly with respect to legislation concerning the use of agricultural pest control measures and integrated pest management.

(4) Recommend to the Secretary of Agriculture, Food and Markets policies, proposed rules, or legislation for the regulation of the use of treated articles when the Board determines that use of a treated article will have a hazardous or long-term deleterious effect on the environment in Vermont, presents a likely risk to human health, or is dangerous.

(5) Recommend practices to reduce the use and generation of waste associated with plastic in farming.

(6) Incentivize farming practices that are looking to reduce the use and dependence on pesticides in their practices.

(7) Advise the Agency with regard to the regulation of plant biostimulants.

(8) Recommend studies necessary for the performance of its functions as established under this section.

(9) Explore methods and standards for transitioning farmers to practices that reduce pesticide usage.

(10) Explore methods and standards for farmers to engage in carbon sequestration or mitigation.

(11) Review the seed traits of a new genetically engineered seed proposed for sale, distribution, or use in the State.

(12) Study and issue recommendations regarding the feasibility of the use of biodegradable plastics in agriculture and the promotion of the use of and production of biodegradable plastics and similar products in Vermont.

(b) Organization of the Board.

(1) The Secretary of Agriculture, Food and Markets shall convene the Agricultural Innovation Board. Members of the Board who are not serving in an ex officio capacity shall be appointed by the Secretary of Agriculture, Food and Markets, and the Secretary shall designate a chair from among the members of the Board. The Agricultural Innovation Board shall consist of the following 13 members:

(A) the Secretary of Agriculture, Food and Markets or designee;

(B) an active farmer who is a member of an organization representing the organic farming community;

(C) a member from the University of Vermont Center for Sustainable Agriculture;

(D) the Director of the Agency of Agriculture, Food and Markets, Agrichemical Program or designee;

(E) the Director of the Agency of Agriculture, Food and Markets, Water Quality Program or designee;

(F) the Commissioner of Health or a designee with expertise in the effects of pesticides on human health;

(G) the Secretary of Natural Resources or designee;

(H) a certified crop consultant;

(I) an active farmer who is a member of an organization representing the conventional dairy industry in Vermont;

(J) an active farmer who is a member of an organization representing fruit or vegetable farmers in Vermont;

(K) an active farmer who is a member of an organization representing grass-based, non-dairy livestock farming in Vermont;

(L) a soil biologist; and

(M) a member of an environmental organization that advocates for policy regarding the management or reduction of toxic substances in the State.

(2) Members of the Agricultural Innovation Board shall be appointed for terms of three years, except initially, appointments shall be made such that one member shall serve for a term of one year and one for a term of two years. Members other than ex officio members shall be allowed to serve not more than three consecutive terms.

(3) Members of the Agricultural Innovation Board other than ex officio members and those compensated for their participation on the Board shall be entitled to per diem compensation authorized under 32 V.S.A. § 1010(b) for each day spent in the performance of their duties, and each member shall be reimbursed for his or her actual and necessary expenses incurred in carrying out his or her duties. These payments shall be made from the Pesticide Monitoring Revolving Fund under section 929 of this title.

(4) The Board shall meet no fewer than four times a year.

(c) Powers and duties of the Board. The Agricultural Innovation Board shall:

(1) issue a report annually to the General Assembly on or before January 15 that recommends policy solutions to assist farmers in:

(A) reducing the use of and exposure to pesticides; and

(B) the use of innovative or alternative practices;

(2) propose an annual budget report that provides ideas for funding sources for any new programs recommended in the annual report; and

(3) survey farmers from every county in the State to help better understand how agricultural inputs, such as pesticides, synthetic fertilizers, and plastics, are currently used as well as current challenges farmers face in reducing these inputs in order to better inform recommendations to be provided in the annual report required under subdivision (1) of this subsection.

(d) Seed review. The Agricultural Innovation Board shall advise the Secretary regarding the sale, distribution, or use of genetically engineered seed in the State and may recommend to the Secretary limits or conditions on the sale, distribution, or use of a genetically engineered seed or seeds or recommend a limited period of time for sale of a genetically engineered seed or seeds.
6 V.S.A. § 924 — VT Code / Title 6 / Chapter 81 / Section 924
§ 924. Duty of State's Attorney
Status: in_force

It shall be the duty of each State's Attorney to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the Superior Court without delay.
6 V.S.A. § 2987 — VT Code / Title 6 / Chapter 163 / Section 2987
§ 2987. Use of Dairy Promotion Fund
Status: repealed

(a) No expense of the Council shall be paid out of any funds of the State except from the Dairy Promotion Fund, which Fund shall be subject at all times to the accounting controls of the State. The Dairy Promotion Fund may be used only for the costs of the collection of taxes imposed under this chapter and for the administration of this chapter, and the State Treasurer shall pay over to the Council upon order of the Council such funds as the Council may require.

(b) [Repealed.]

(c) The balance of the Fund shall be used for promotional and educational purposes, experimental planning, research, advertising, and the necessary compensation and expenses of the Council.

(d) Any balance remaining at the close of any fiscal year shall be carried forward for the same purpose in the following year.
6 V.S.A. § 365 — VT Code / Title 6 / Chapter 28 / Section 365
§ 365. Labels
Status: in_force

(a)(1) Any fertilizer or agricultural lime distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

(A) net weight;

(B) brand and grade, provided that grade shall not be required when no primary nutrients are claimed;

(C) guaranteed analysis; and

(D) name and address of the registrant.

(2) For bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.

(b) A fertilizer or lime formulated according to specifications furnished by a consumer prior to mixing shall be labeled to show the net weight, the guaranteed analysis or name, analysis and weight of each ingredient used in the mixture, and the name and address of the distributor and purchaser.

(c) If the Secretary finds that a requirement for expressing calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among states, the Secretary may require by rule that the minimum percent of calcium oxide and magnesium oxide or calcium carbonate and magnesium carbonate, or both, shall be expressed in the following terms:

Total Calcium (Ca) ......................................... percent

Total Magnesium (Mg) ......................................... percent

(d)(1) Any beneficial substance distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

(A) net weight or volume;

(B) brand name;

(C) purpose statement identifying the purpose of the product;

(D) directions for application or use;

(E) name and address of the registrant; and

(F) a statement of composition showing the amount of each ingredient, which is the agent in a product primarily responsible for the intended effects using the following format:

CONTAINS BENEFICIAL SUBSTANCE(S)

Name of beneficial substance ....................................................................... % (or acceptable units)

Genus and species of microorganism ....................................................................... % viable CFU/cm3, /ml, /g, or other acceptable units

(Identify and list all beneficial substances. Substances shall include ingredient source, if applicable. Ex. “humic acid from leonardite or saponin from Yucca schidigera”).

(2) For products that claim microorganisms, labels shall also include:

(A) the expiration date for use; and

(B) storage conditions.

(3) For bulk shipments of fertilizer, beneficial substances, or lime, the information required under this subsection shall accompany delivery in written or printed form and shall be supplied to the purchaser at the time of delivery.

(4) Efficacy data may be required to support beneficial substance ingredient claims if the ingredient is not presently defined by the Association of American Plant Food Control Officials' Official Publication for the particular claim.

(5) Under a rule adopted under this subsection, an affected person shall be given a reasonable time to come into compliance.
6 V.S.A. § 2764 — VT Code / Title 6 / Chapter 151 / Section 2764
§ 2764. Enforcement; penalty
Status: in_force

(a) A violation under this subchapter may give rise to a civil, administrative, or criminal enforcement action under Title 9, Title 6, or Title 13.

(b) The Secretary may seek search warrants and accept assurances of discontinuance under section 1, 12, or 13 of this title or may suspend or revoke the license issued to a milk handler under this title who violates this subchapter.

(c) The Attorney General or State's Attorney may prosecute civil, criminal, or administrative actions in accordance with the Civil and Criminal Rules of Procedure and the Administrative Procedure Act.
6 V.S.A. § 1105 — VT Code / Title 6 / Chapter 87 / Section 1105
§ 1105. Use and sale of DDT prohibited
Status: in_force

No person shall sell, use, or apply dichloro-diphenyl-trichloro-ethane, sometimes referred to as DDT, on or after December 31, 1971, except when the Secretary certifies that an emergency exists that requires its use. When the Secretary finds that an emergency exists and so certifies, he or she shall prescribe the conditions under which and the period for which it may be used.
6 V.S.A. § 363 — VT Code / Title 6 / Chapter 28 / Section 363
§ 363. Definitions
Status: in_force

As used in this chapter:

(1) “Agricultural lime” or “agricultural liming material” or “lime” means one or more of the following:

(A) All products with calcium and magnesium compounds that are capable of neutralizing soil acidity and that are intended, sold, or offered for sale for agricultural or plant propagation purposes.

(B) Limestone consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.

(C) Industrial waste or industrial byproducts that contain calcium; calcium and magnesium; or calcium, magnesium, and potassium in forms that are capable of neutralizing soil acidity and that are intended, sold, or offered for sale for agricultural purposes. For the purposes of this chapter, the terms “agricultural lime,” “lime,” and “agricultural liming material” have the same meaning.

(2) “Beneficial substance” means any substance or compound, other than primary, secondary, and micro plant nutrients (fertilizers), and excluding pesticides, that can be demonstrated by scientific research to be beneficial to one or more species of plants, soil, or media. Beneficial substances include plant amendments, plant biostimulants, plant inoculants, soil amendments, soil inoculants, and other chemical or biological substances beneficial to plants or their growing environment.

(3) “Brand” means a term, design, or trademark used in connection with one or more grades or formulas of fertilizer, beneficial substance, or lime.

(4) “Distribute” means to import, consign, manufacture, produce, compound, mix, blend, offer for sale, sell, barter, or supply a fertilizer, a beneficial substance, or lime in this State through any means, including sales outlets, catalogues, the telephone, the internet, or any electronic means.

(5) “Distributor” means any person who distributes fertilizer, beneficial substance, or lime.

(6) “Exceptional quality biosolid” means a product derived in whole or in part from domestic wastes that have been subjected to and meet the requirements of the following:

(A) a pathogen reduction process established in 40 C.F.R § 503.32(a)(3), (4), (7), or (8);

(B) one of the vector attraction reduction standards established in 40 C.F.R. § 503.33;

(C) the contaminant concentration limits in Vermont Solid Waste Rules § 6-1303(a)(1); and

(D) if derived from a composting process, Vermont Solid Waste Rules § 6-1303(a)(5).

(7) “Fertilizer” means any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth or health, except unprocessed animal or vegetable manures and other products exempted by the Secretary.

(A) A fertilizer material is a substance that either:

(i) contains important quantities of at least one of the primary plant nutrients: nitrogen, phosphorus, or potassium;

(ii) has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or

(iii) is derived from a plant or chemical residue or byproduct or natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.

(B) A mixed fertilizer is a fertilizer containing any combination or mixture of fertilizer materials.

(C) A specialty fertilizer is a fertilizer distributed for nonfarm use.

(D) A bulk fertilizer is a fertilizer distributed in a nonpackaged form.

(8) “Formulation” means a material or mixture of materials prepared according to a particular formula.

(9) “Grade” means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash stated in whole numbers in the same terms, order, or percentages as in the guaranteed analysis. Specialty fertilizers and fertilizer materials may be guaranteed in fractional terms. Any grade expressed in fractional terms that is not preceded by a whole number shall be preceded by zero.

(10) “Guaranteed analysis” means:

(A) in reference to fertilizer, the minimum percentages of plant nutrients claimed by the manufacturer or producer of the product in the following order and form: nitrogen, phosphorus, and potash; and

(B) in reference to agricultural lime or agricultural liming material, the minimum percentages of calcium oxide and magnesium oxide or calcium carbonate and the calcium carbonate equivalent, or both, as claimed by the manufacturer or producer of the product.

(11) “Label” means the display of all written, printed, or graphic matter upon the immediate container or a statement accompanying a fertilizer, beneficial substance, or lime.

(12) “Labeling” means all written, printed, or graphic material upon or accompanying any fertilizer, beneficial substance, or lime, including advertisements, brochures, posters, and television and radio announcements used in promoting the sale of the fertilizer, beneficial substance, or lime.

(13) “Official sample” means any sample of fertilizer, beneficial substance, or lime taken by the Secretary.

(14) “Plant amendment” means any substance applied to plants or seeds that is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of plants, except for fertilizer, soil amendments, agricultural liming materials, animal and vegetable manures, pesticides, plant regulators, and other materials exempted by rule adopted under this chapter.

(15) “Plant biostimulant” means a substance, microorganism, or mixtures thereof that, when applied to seeds, plants, the rhizosphere, soil, or other growth media act to support a plant's natural nutrition processes independently of the biostimulant's nutrient content. The plant biostimulant thereby improves nutrient availability, uptake, or use efficiency; tolerance to abiotic stress; and consequent growth development, quality, or yield.

(16) “Plant inoculant” means a product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system.

(17) “Percent” or “percentage” means the percentage by weight.

(18) “Primary nutrient” includes nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium.

(19) “Product” means the name of the fertilizer, beneficial substance, or lime that identifies it as to kind, class, or specific use.

(20) “Registrant” means the person who registers a fertilizer, beneficial substance, or lime under the provisions of this chapter.

(21) “Soil amendment” means a substance or mixture of substance that is intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil or a distinct form of horticultural growing media used in lieu of soil. “Soil amendment” does not mean fertilizers, agricultural liming materials, unprocessed animal manures, unprocessed vegetable manures, pesticides, and other materials exempted by rule. A compost product from a facility under the jurisdiction of the Agency of Natural Resources' Solid Waste Management Rules or exceptional quality biosolids shall not be regulated as a soil amendment under this chapter, unless marketed and distributed for the use in the production of an agricultural commodity.

(22) “Soil inoculant” means a microbial product that is applied to colonize the soil to benefit the soil chemistry, biology, or structure.

(23) “Ton” means a net weight of 2,000 pounds avoirdupois.

(24) “Use” includes all purposes for which a fertilizer, beneficial substance, or lime is applied.

(25) “Weight” means the weight of undried material as offered for sale.
6 V.S.A. § 483 — VT Code / Title 6 / Chapter 32 / Section 483
§ 483. License required
Status: in_force

(a) A dealer or processor who is doing business in this State or who wishes to do business in this State shall first obtain a license to do so from the Secretary.

(b) A dealer wishing to be licensed shall apply annually before July 1 to the Secretary for a license on forms supplied by the Secretary and shall pay a license fee of $30.00.

(c) A processor wishing to be licensed shall apply annually before July 1 to the Secretary for a license on forms supplied by the Secretary and shall pay a license fee of $150.00.
6 V.S.A. § 179 — VT Code / Title 6 / Chapter 21 / Section 179
§ 179. Rules; fees
Status: in_force

(a) The Secretary may adopt rules for carrying out the purposes of this chapter.

(b) The Secretary may charge fees for inspection of farm and agricultural commodities or storage facilities and for the establishment of reasonable tolerances incident to proper grading of agricultural products. Any inspection fees charged pursuant to this section shall be sufficient to recover the Agency's costs of inspection, including payment for the inspector's time, and shall be retained by the Agency to reimburse these expenses. In addition, the Secretary may accept fees collected by or for producer organizations for promotional activities. Such fees shall be retained by the Secretary and segregated into separate producer accounts for use to promote agricultural products.
6 V.S.A. § 4926 — VT Code / Title 6 / Chapter 215 / Section 4926
§ 4926. Definitions
Status: in_force

As used in this subchapter:

(1) “Surface water” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and all bodies of surface waters that are contained within, flow through, or border upon the State or any portion of it. “Surface water” does not include the following:

(A) groundwater as defined in 10 V.S.A. § 1391;

(B) artificial waterbodies as defined under section 29A-101(d) of the Vermont Water Quality Standards;

(C) treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for a discharge; and

(D) constructed off-stream farm ponds or other off-stream impoundments that are used for irrigation for farming or watering of livestock.

(2) “Withdrawal” means the intentional diversion from a surface water by pumping, gravity, or other method for the purpose of being used for irrigation for farming, livestock watering, or other uses for farming. “Withdrawal” does not include direct consumption of surface water by livestock.
6 V.S.A. § 2704 — VT Code / Title 6 / Chapter 151 / Section 2704
§ 2704. Trustee of handlers' bonds
Status: in_force

All bonds or other securities required and furnished under the provisions of this part shall be given to the Secretary as trustee for each and all of the producers in this State and shall be conditioned for the faithful performance by the handler of all the acts prescribed and all the conditions imposed upon the handler by this part, and for compliance by the handler of all the general laws of this State now in force or hereafter enacted and rules adopted under those general laws.
6 V.S.A. § 1113 — VT Code / Title 6 / Chapter 87 / Section 1113
§ 1113. Accessory on-farm businesses; pesticides; posting
Status: in_force

When an agricultural pesticide is applied on a farm in an area in which an accessory on-farm business operates or conducts activity, the accessory on-farm business shall post the same warning signs that would be posted for agricultural workers under the rules of the U.S. Environmental Protection Agency adopted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. chapter 6, subchapter II (environmental pest control). The manner and duration of posting shall be the same as under those rules. As used in this section:

(1) “Accessory on-farm business” and “farm” shall have the same meaning as in 24 V.S.A. § 4412(11).

(2) “Agricultural pesticide” means any pesticide labeled for use in or on a farm, forest, nursery, or greenhouse.