6 V.S.A. § 570 — VT Code / Title 6 / Chapter 34 / Section 570
§ 570. Registration fees
Status: in_force

(a) A person applying for a registration or renewal under section 564 of this title annually shall pay the following fees:

(1) for an application to grow less than 0.5 acres of hemp for personal use: $25.00;

(2) for an application or renewal of registration to grow or process hemp seed for food oil production, grain crop, fiber, or textile: $100.00;

(3) except as provided for in subdivision (4) of this subsection, for an application or renewal of registration to grow, process, or grow and process hemp commercially for floral material production, viable seed, or cannabinoids, including cannabidiolic acid (CBDA), cannabidiol (CBD), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), or tetrahydrocannabivarin (THCV), the following fee based on the greater of the number of acres planted or the weight of hemp or viable seed processed:

(4) for an application or renewal of registration to operate exclusively within an indoor facility in order to grow, process, or grow and process hemp commercially for floral material production, viable seed, or cannabinoids, including cannabidiolic acid (CBDA), cannabidiol (CBD), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), or tetrahydrocannabivarin (THCV), the following fee based on the size of the indoor facility:

(A) for a facility with an area of 500 square feet or less: $1,000.00; and

(B) for a facility with an area greater than 500 square feet: $2,000.00.

(5) for an application or renewal of registration as a laboratory certified to conduct testing of hemp and hemp products as part of the Agency's cannabis control program: $1,500.00.

(b) A person registered to grow, process, or grow and process hemp for floral material production, viable seed, or cannabinoids shall not grow more acres of hemp per year than the amount identified in a registration without first notifying the Secretary and paying an additional registration fee if necessary under subsection (a) of this section.

(c) The registration fees collected under this section shall be deposited in the special fund created by subsection 364(f) of this title and shall be used for the administration of the requirements of this chapter.
6 V.S.A. § 1107 — VT Code / Title 6 / Chapter 87 / Section 1107
§ 1107. Penalty
Status: in_force

Any person who violates any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any permit, license, or certificate issued by the Secretary, shall be subject to a fine not to exceed $25,000.00 or imprisonment for not more than six months, or both. Each violation shall be a separate and distinct offense, and in the case of a continuing violation, the fine for each day's continuance of the violation shall be increased by 10 percent over the amount accrued during the previous day, starting from the day the violator is served with notice of the violation. The service shall be by hand or by certified mail, return receipt requested.
6 V.S.A. § 1477 — VT Code / Title 6 / Chapter 107 / Section 1477
§ 1477. Revocation of livestock dealer license
Status: in_force

The Secretary may revoke for a period of one year the license of a livestock dealer who has been convicted of a violation of the provisions of section 1476 of this chapter, and the license shall not be renewed prior to the expiration of one year from the date of conviction.
6 V.S.A. § 1809 — VT Code / Title 6 / Chapter 141 / Section 1809
§ 1809. Equitable farm prices
Status: in_force

(a) The powers granted in this section and section 1810 shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the Commission to establish one or more Commission marketing orders, as herein provided, in the region or parts thereof as defined in the order.

(b) A compact over-order price established pursuant to this section shall apply only to Class I milk. Such over-order price shall not exceed $1.50 per gallon. Beginning in 1990, and using that year as a base, the foregoing $1.50 per gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the U.S. Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Commission may prescribe in regulations.

(c) A Commission marketing order shall apply to all classes and uses of milk.

(d) The Commission is hereby empowered to establish the minimum price for milk to be paid by pool plants, partially regulated plants and all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more Commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this compact. Producer-handlers, as defined in an applicable federal market order, shall not be subject to a compact over-order price. The Commission shall provide for similar treatment of producer-handlers under Commission marketing orders.

(e) In determining the price, the Commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including the price of feed, the cost of labor including the reasonable value of the producer's own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public, and the price necessary to yield a reasonable return to the producer and distributor.

(f) When establishing a compact over-order price, the Commission shall take such action as necessary and feasible to ensure that the over-order price does not create an incentive for producers to generate additional supplies of milk.

(g) The Commission shall, whenever possible, enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The Commission may reimburse other agencies for the reasonable cost of providing these services.
6 V.S.A. § 1671 — VT Code / Title 6 / Chapter 113 / Section 1671
§ 1671. Definition
Status: in_force

(a) As used in this chapter, “prohibited food waste” means the following:

(1) pre- and postconsumer waste material derived in whole or in part from the meat of any animal, including fish and poultry, or from other animal material; or

(2) material that, as a result of the handling, preparation, cooking, disposal, or consumption of food, has come into contact with pre- or postconsumer waste material derived in whole or in part from the meat of any animal, including fish or poultry, or from other animal material.

(b) The term “prohibited food waste” shall not include the following:

(1) waste from ordinary household operations that is fed directly to swine raised exclusively for the use in the household of the owner of the swine by members of the household and nonpaying guests and employees; and

(2) processed dairy products.
6 V.S.A. § 4993 — VT Code / Title 6 / Chapter 215 / Section 4993
§ 4993. Administrative enforcement; cease and desist orders; emergency orders
Status: in_force

(a) Notwithstanding the requirements of section 4992 of this title, the Secretary at any time may pursue one or more of the following enforcement actions:

(1) Issue a cease and desist order in accordance with the requirements of subsection (b) of this section to a person the Secretary believes to be in violation of the requirements of this chapter.

(2) Issue emergency administrative orders to protect water quality when an alleged violation, activity, or farm practice:

(A) presents an immediate threat of substantial harm to the environment or immediate threat to the public health or welfare;

(B) is likely to result in an immediate threat of substantial harm to the environment or immediate threat to the public health or welfare; or

(C) requires a permit or amendment to a permit issued under this chapter and a farm owner or operator has commenced an activity or is continuing an activity without a permit or permit amendment.

(3) Institute appropriate proceedings on behalf of the Agency of Agriculture, Food and Markets to enforce the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter.

(4) Order mandatory corrective actions, including a requirement that the owner or operator of a farm sell or otherwise remove livestock from a farm or production area when the volume of waste produced by livestock on the farm exceeds the infrastructure capacity of the farm or the production area to manage the waste or waste leachate and prevent runoff or leaching of wastes to waters of the State or groundwater, as required by this chapter.

(5) Seek administrative or civil penalties in accordance with the requirements of section 15, 16, 17, or 4995 of this title. Notwithstanding the requirements of section 15 of this title to the contrary, the maximum administrative penalty issued by the Secretary under this section shall not exceed $5,000.00 for each violation, and the maximum amount of any administrative penalty assessed for separate and distinct violations of this chapter shall not exceed $50,000.00.

(b) A person may request that the Secretary hold a hearing on a cease and desist order or an emergency order issued under this section within five days of receipt of the order. Upon receipt of a request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order or emergency order issued under this section shall not stay the order.
6 V.S.A. § 2742 — VT Code / Title 6 / Chapter 151 / Section 2742
§ 2742. Dairy farms
Status: in_force

Before a dairy farm may sell or offer for sale milk to a handler, and at least once a year thereafter, the Secretary shall inspect or cause to be inspected all dairy farms as to their premises, equipment, dairy animals, procedures, and sanitation conditions. He or she may enter into reciprocal agreements with or accept the inspection reports of appropriate dairy sanitation agencies of other states, municipalities, or the federal government in lieu of inspection by the Secretary, provided their standards and administration are substantially equal to the standards established by the Secretary under the provisions of this part. All milk producers shall comply with all state-federal-cooperative livestock disease control or eradication programs.
6 V.S.A. § 1806 — VT Code / Title 6 / Chapter 141 / Section 1806
§ 1806. Administration and management
Status: in_force

(a) The Commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The Commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the Commission, and, together with the treasurer, shall be bonded in an amount determined by the Commission. The Commission may establish through its bylaws an executive committee composed of one member elected by each delegation.

(b) The Commission shall adopt bylaws for the conduct of its business by a two-thirds vote, and shall have the power by the same vote to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form with the appropriate agency or officer in each of the participating states. The bylaws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.

(c) The Commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.

(d) In addition to the powers and duties elsewhere prescribed in this compact, the Commission shall have the power:

(1) to sue and be sued in any state or federal court;

(2) to have a seal and alter the same at pleasure;

(3) to acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;

(4) to borrow money and to issue notes, to provide for the rights of the holders thereof, and to pledge the revenue of the Commission as security therefor, subject to the provisions of section 1818 of this compact;

(5) to appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications; and

(6) to create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The Commission may also retain personal services on a contract basis.
6 V.S.A. § 2936 — VT Code / Title 6 / Chapter 161 / Section 2936
§ 2936. Reports from milk handlers; release of information by handlers
Status: in_force

(a) In order that the Commission has adequate information available to proceed under this chapter, as a condition of a handler's license, the Commission may require from a handler:

(1) information on a time schedule established by the Secretary from handlers showing the prices paid to purchase various forms of milk from Vermont producers, the costs of production, processing, transporting, distributing, and marketing milk, together with any other information deemed necessary and relevant by the Commission; and

(2) that each milk handler licensed pursuant to section 2721 of this title execute a release with the federal market order administrator authorizing the Secretary and the Commission to obtain all production data that in the discretion of the Secretary and Commission is deemed relevant and necessary.

(b) The Commission shall keep information received under this section confidential except as necessary for the adoption of rules or enforcement actions.
6 V.S.A. § 3311a — VT Code / Title 6 / Chapter 204 / Section 3311a
§ 3311a. Livestock; inspection; licensing; personal slaughter; itinerant slaughter
Status: in_force

(a) As used in this section:

(1) “Assist in the slaughter of livestock” means the act of slaughtering or butchering an animal and shall not mean the farmer's provision of a site on the farm for slaughter, provision of implements for slaughter, or the service of disposal of the carcass or offal from slaughter.

(2) “Sanitary conditions” means a site on a farm that is:

(A) clean and free of contaminants; and

(B) located or designed in a way to prevent:

(i) the occurrence of water pollution; and

(ii) the adulteration of the livestock or the slaughtered meat.

(b) The requirement for a license under section 3306 of this title or for inspection under this chapter shall not apply to the slaughter by an owner of livestock that the owner raised for the owner's exclusive use or for the use of members of his or her household and his or her nonpaying guests and employees.

(c) The requirement for a license under section 3306 of this title or for inspection under this chapter shall not apply to the slaughter of livestock that occurs in a manner that meets all of the following requirements:

(1) A person or persons purchases livestock from a farmer who raised the livestock.

(2) The farmer is registered with the Secretary, on a form provided by the Secretary, as selling livestock for slaughter under this subsection.

(3) The individual or individuals who purchased the livestock performs the act of slaughtering the livestock, as the owner of the livestock.

(4) The act of slaughter occurs, after approval from the farmer who sold the livestock, on a site on the farm where the livestock was purchased.

(5) The slaughter is conducted under sanitary conditions.

(6) The farmer who sold the livestock to the individual or individuals does not assist in the slaughter of the livestock.

(7) Not more than the following number of livestock per year are slaughtered under this subsection:

(A) 30 swine;

(B) 10 cattle;

(C) 80 sheep or goats; or

(D) any combination of swine, cattle, sheep, or goats, provided that not more than 12,000 pounds of the live weight of livestock are slaughtered per year.

(8) The farmer who sold the livestock to the individual or individuals maintains a record of each slaughter conducted under this subsection and reports quarterly to the Secretary, on a form provided by the Secretary, on or before April 15 for the calendar quarter ending March 31, on or before July 15 for the calendar quarter ending June 30, on or before October 15 for the calendar quarter ending September 30, and on or before January 15 for the calendar quarter ending December 31. If a farmer fails to report slaughter activity conducted under this subsection, the Secretary, in addition to any enforcement action available under this chapter or chapter 1 of this title, may suspend the authority of the farmer to sell animals to an individual or individuals for slaughter under this subsection.

(9) The slaughtered livestock may be halved or quartered by the individual or individuals who purchased the livestock but solely for the purpose of transport from the farm.

(10) The livestock is slaughtered according to a humane method, as that term is defined in subdivision 3131(6) of this title.

(d) The requirement for a license under section 3306 of this title or for inspection under this chapter shall not apply to an itinerant slaughterer engaged in the act of itinerant livestock slaughter or itinerant poultry slaughter.

(e) An itinerant slaughterer may slaughter livestock owned by a person on the farm where the livestock was raised under the following conditions:

(1) the meat from the slaughter of the livestock is distributed only as whole, halved, or quartered carcasses to the person who owned the animal for his or her personal use or for use by members of his or her household or nonpaying guests;

(2) the slaughter is conducted under sanitary conditions; and

(3) the livestock is slaughtered according to a humane method, as that term is defined in subdivision 3131(6) of this title.

(f) A carcass or offal from slaughter conducted under this section shall be disposed of according to the requirements under the required agricultural practices for the management of agricultural waste.
6 V.S.A. § 364 — VT Code / Title 6 / Chapter 28 / Section 364
§ 364. Registration
Status: in_force

(a) Each brand or grade or formula of fertilizer or beneficial substance shall be registered in the name of the person whose name appears upon the label before being distributed in this State. The application for registration shall be submitted to the Secretary on a form furnished by the Agency of Agriculture, Food and Markets and shall be accompanied by a fee of $85.00 per grade or formulation registered. Upon approval by the Secretary, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:

(1) the brand and grade or formulation;

(2) the guaranteed analysis if applicable; and

(3) the name and address of the registrant.

(b) A distributor shall not be required to register any fertilizer or beneficial substance that is already registered under this chapter by another person, provided there is no change in the label for the fertilizer or beneficial substance.

(c) Each beneficial substance brand shall refer to a specific formulation. Different brands may refer to the same specific formulation. Products for which formulations change, such as changes in the “Contains Beneficial Substances” analysis, statement of composition, or anything that implies a different product, must obtain a new registration with a brand that distinguishes it from the previous formulation.

(d) A distributor shall not be required to register each grade of fertilizer formulated or each formulation of soil amendment according to specifications that are furnished by a consumer prior to mixing but shall be required to label the fertilizer or soil amendment as provided in subsection 365(b) of this title.

(e) The Secretary may request additional proof of testing of products prior to registration for guaranteed analyses or adulterants.

(f) Each separately identified agricultural lime product shall be registered before being distributed in this State. Registration shall be performed in the same manner as fertilizer registration except that each application shall be accompanied by a fee of $50.00 per product.

(g) The registration and tonnage fees, along with any deficiency penalties collected pursuant to sections 331 and 372 of this title, shall be deposited in a special fund. Funds deposited in this fund shall be restricted to implementing and administering the provisions of this title and any other provisions of law relating to feeds and seeds.
6 V.S.A. § 3311 — VT Code / Title 6 / Chapter 204 / Section 3311
§ 3311. Specific offenses; penalties
Status: in_force

(a) Any person that gives, pays, or offers, directly or indirectly, any money or other thing of value to any officer or employee of this State authorized to perform any duties prescribed by this chapter or rules adopted under this chapter, with intent to influence the officer or employee in the discharge of any duty, shall, upon conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than five years, or both. Any officer or employee of this State authorized to perform the duties prescribed by this chapter or rules adopted under this chapter, who accepts any money, gift, or other thing of value from any persons, given with intent to influence his or her official action, or who shall receive or accept from any person engaged in intrastate commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be subject to the penalties provided in 13 V.S.A. § 1102.

(b) Any person that forcibly assaults, resists, or intimidates any inspector, or other person, engaged in the performance of his or her official duties under this chapter or rules adopted under this chapter shall be subject to the penalties provided in 13 V.S.A. § 1023. Any person who impedes, interferes, or hinders any inspector, or other person, engaged in the performance of his or her official duties under this chapter or rules adopted under this chapter shall be subject to the penalties provided in 13 V.S.A. § 3001. Whoever in the commission of these acts uses a deadly or dangerous weapon, or who purposely or knowingly causes serious bodily injury to an inspector, or other person, engaged in the performance of his or her official duties under this chapter or rules adopted under this chapter shall be subject to the penalties provided in 13 V.S.A. chapter 53. Any person engaged in official duties under this chapter or rules adopted under this chapter shall be considered a law enforcement officer for purposes of determining a penalty under 13 V.S.A. chapter 53.
6 V.S.A. § 1468 — VT Code / Title 6 / Chapter 107 / Section 1468
§ 1468. Permits to persons near State line; Secretary grant of permission of entry
Status: in_force

Persons living near the State line who own or occupy land in an adjoining state may procure from the Secretary permits to drive, herd, or transport cattle, horses, or other livestock back and forth to seasonal pasture or housing, subject to such restrictions as the Secretary may prescribe by rule or order. The Secretary may grant permission for cattle, horses, or other domestic animals to enter the State for exhibition purposes between May 1 and October 31 of any year. The Secretary may adopt rules regarding entry of cattle, horses, or other domestic animals into the State for seasonal pasture, housing, or exhibition purposes.
6 V.S.A. § 1152 — VT Code / Title 6 / Chapter 102 / Section 1152
§ 1152. Administration; inspection; testing; records
Status: in_force

(a) The Secretary shall be responsible for the administration and enforcement of the Livestock Disease Control Program. The Secretary may appoint the State Veterinarian to manage the Program, and other personnel as are necessary for the sound administration of the Program.

(b) The Secretary shall maintain a public record of all permits issued and of all animals tested by the Agency of Agriculture, Food and Markets under this chapter for a period of five years.

(c) The Secretary may conduct any inspections, investigations, tests, diagnoses, or other reasonable steps necessary to discover and eliminate contagious diseases existing in domestic animals in this State. The Secretary shall investigate any reports of diseased animals, provided there are adequate resources. In carrying out the provisions of this part, the Secretary or his or her authorized agent may enter any real estate, premises, buildings, enclosures, or areas where animals may be found for the purpose of making reasonable inspections and tests. A livestock owner or the person in possession of the animal to be inspected, upon request of the Secretary, shall restrain the animal and make it available for inspection and testing.

(d) The Secretary may contract and cooperate with the U.S. Department of Agriculture, other federal agencies or states, and accredited veterinarians for the control and eradication of contagious diseases of animals. The Secretary shall consult and cooperate, as appropriate, with the Commissioners of Fish and Wildlife and of Health regarding the control of contagious diseases.

(e) If necessary, the Secretary shall set priorities for the use of the funds available to operate the Program established by this chapter.

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

(g) Records produced or acquired by the Secretary under this chapter shall be available to the public, except that:

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

(2) the Secretary may withhold or redact a record to the extent needed to avoid disclosing directly or indirectly the identity of individual persons, households, or businesses.
6 V.S.A. § 2744 — VT Code / Title 6 / Chapter 151 / Section 2744
§ 2744. Enforcement
Status: in_force

(a) Enforcement of dairy sanitation rules in milk plants. In the event that inspection of a milk plant discloses conditions not meeting the standards established in this part or the rules adopted under this part, the handler shall be directed how to secure compliance with the terms of this part and the rules adopted under this part. The Secretary shall allow a reasonable time to correct the unsatisfactory conditions. At the expiration of the time granted for correction, another inspection shall be made. If conditions are then found in violation of this part or the rules adopted under this part, the Secretary shall require the appearance of the handler before the Secretary to show cause why the handler's license should not be suspended or terminated. In this event, the handler shall give the Secretary a list of producers supplying the handler milk, and the Secretary shall give notice to producers of the pending suspension.

(b) Enforcement of dairy sanitation rules on dairy farms. In the event that inspection of a dairy farm discloses conditions not meeting the standards established in this part or the rules adopted under this part, the producer and the handler concerned shall be notified in writing clearly stating the unsatisfactory conditions. The producer shall be advised as how to secure compliance with the terms of this part and the rules adopted under this part. The Secretary shall allow the producer a reasonable time to correct the unsatisfactory conditions. At the expiration of this time granted for correction or as soon as feasible thereafter, another inspection shall be made. If conditions are then found in violation of this part or the rules adopted under this part, the Secretary shall require the producer to appear before the Secretary to show cause why the producer's right to sell milk should not be suspended or terminated. If the producer's right to sell milk is suspended or terminated, the Secretary shall then notify the appropriate handler to stop handling the milk from this producer. No other handler processing or packing fluid dairy products shall handle milk from this producer. In the event that a producer corrects the unsatisfactory conditions to the satisfaction of the Secretary as determined by inspection, the Secretary shall immediately notify the appropriate handlers.

(c) Prohibition on sales or transfers. In the event that any inspection or test of a milk plant or dairy farm discloses conditions that are of immediate and serious danger to public health, the handler or the producer may be at once forbidden to sell or transfer dairy products for human consumption until a subsequent inspection or test indicates that the danger to public health no longer exists.

(d) Right of entry. The Secretary or his or her agent may for the purpose of inspection enter at all reasonable times the premises, except the residence, of all milk handlers and producers and examine all pertinent records and personnel and may use reasonable means of determining the sanitary condition of the entire milk producing and handling process. Refusal to permit inspection shall be grounds for revoking a license or the ability to ship milk pursuant to 3 V.S.A. chapter 25.
6 V.S.A. § 4621 — VT Code / Title 6 / Chapter 207 / Section 4621
§ 4621. Domestic Export Program
Status: in_force

(a) The Secretary of Agriculture, Food and Markets, in collaboration with the Agency of Commerce and Community Development and the Chief Marketing Officer, shall have the authority to create a Domestic Export Program, the purpose of which may include:

(1) connecting Vermont producers with brokers, buyers, and distributors in other U.S. state and regional markets;

(2) providing technical and marketing assistance to Vermont producers to convert these connections into increased sales and sustainable commercial relationships; and

(3) providing one-time matching grants to attend trade shows and similar events to expand producers' market presence in other U.S. states, subject to available funding.

(b) The Secretary shall collect data on the activities and outcomes of the program authorized under this section and submit the Secretary's findings and recommendations in a report on or before January 15 of each year to the House Committees on Agriculture, Food Resiliency, and Forestry and on Commerce and Economic Development and to the Senate Committees on Agriculture and on Economic Development, Housing and General Affairs.
6 V.S.A. § 4701 — VT Code / Title 6 / Chapter 209 / Section 4701
§ 4701. Sustainable Agriculture Research and Education Program
Status: repealed

(a) The purpose of this section is to promote research and education that will encourage the development and use of economically and ecologically sound sustainable agriculture practices, such as organic methods, biological control, integrated pest management, soil improvement, cultivation, harvesting and irrigation techniques, and transportation and marketing innovations, through:

(1) the control of pests and diseases of agricultural importance through alternatives that reduce or eliminate the use of pesticides and petrochemicals;

(2) the production, processing, and distribution of food and fiber in ways that consider the interactions among soils, plants, water, air, animals, tillage, machinery, labor, energy, and transportation to enhance the viability of agricultural soils, public health, and resource conservation;

(3) the expansion of marketing opportunities and promotion of products produced through the practice of sustainable agriculture that will encourage the purchase of Vermont grown foods and promote regional food security; and

(4) the coordination of research and education activities on sustainable agriculture among private and public agencies and individuals within Vermont.

(b) [Repealed.]

(c) The Secretary of Agriculture, Food and Markets is authorized to apply for, accept, and make use of grants from public and private sources to achieve the objectives of this section, in accordance with the provisions of 32 V.S.A. § 5. In awarding grants, preference shall be given to individuals, especially farmers, conducting on-farm research.

(d) [Repealed.]
6 V.S.A. § 1151 — VT Code / Title 6 / Chapter 102 / Section 1151
§ 1151. Definitions
Status: in_force

As used in this part:

(1) “Accredited veterinarian” means a veterinarian approved by the U.S. Department of Agriculture and the State Veterinarian to perform functions specified by cooperative state-federal disease control programs.

(2) “Animal” or “domestic animal” means cattle, sheep, goats, equines, domestic deer, American bison, swine, poultry, psittacine birds, domestic ferrets, camelids, ratites (ostriches, rheas, and emus), water buffalo, and any other animals that the Secretary deems a domestic animal for the purposes of this chapter. Before determining that an unlisted species is a “domestic animal,” the Secretary shall consult with the Secretary of Natural Resources.

(3) “Approved slaughterhouse” means an establishment maintained by a slaughterer under State or federal law.

(4) “Camelids” means any animal of the family camelidae, including guanacos, vicunas, camels, alpacas, and llamas.

(5) “Coggins test” means the agar gel immunodiffusion blood test conducted in a laboratory approved by the U.S. Department of Agriculture and the Secretary.

(6) “Contagious disease,” “infectious disease,” or “disease” means any disease found in domestic animals that is capable of directly or indirectly spreading from one domestic animal to another. “Contagious disease” includes all reportable diseases.

(7) “Domestic deer” means any member of the family cervidae except for white-tailed deer and moose.

(8) “Domestic fowl” or “poultry” means all domesticated birds of all ages that are edible as human food, or that produce eggs that are edible as human food, excluding wildlife as defined by 10 V.S.A. 4 § 4001.

(9) “Equines” mean any member of the family equidae, including horses, ponies, mules, asses, and zebras.

(10) “Reactor” means an animal that tests positive to any official test required under this chapter.

(11) “Reportable disease” means any disease included in the National List of Reportable Animal Diseases and any disease required by the Secretary by rule to be reportable.

(12) “Secretary” means the Secretary of Agriculture, Food and Markets or designee.
6 V.S.A. § 918 — VT Code / Title 6 / Chapter 81 / Section 918
§ 918. Registration
Status: in_force

(a) Every economic poison that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered in the Office of the Secretary, and such registration shall be renewed annually, provided that products that have the same formula are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same economic poison may be registered as a single economic poison, and additional names and labels shall be added by supplemental statements during the current period of registration. It is further provided that any economic poison imported into this State, which is subject to the provisions of any federal act providing for the registration of economic poisons and that has been duly registered under the provisions of this chapter, may, in the discretion of the Secretary, be exempted from registration under this chapter when sold or distributed in the unbroken immediate container in which it was originally shipped. The registrant shall file with the Secretary a statement including:

(1) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.

(2) The name of the economic poison.

(3) A complete copy of the labeling accompanying the economic poison and a statement of all claims to be made for it, including directions for use.

(4) If requested by the Secretary, a full description of the tests made and the results thereof upon which the claims are based. In the case of renewal of registration, a statement shall be required only with respect to information that is different from that furnished when the economic poison was registered or last reregistered.

(b)(1) The registrant shall pay an annual fee of $200.00 for each product registered, and $185.00 of that amount shall be deposited in the special fund created in section 929 of this title. Of the registration fees collected under this subsection, $15.00 of the amount collected shall be deposited in the Agricultural Water Quality Special Fund under section 4803 of this title. Of the registration fees collected under this subsection, $25.00 of the amount collected shall be used to offset the additional costs of inspection of economic poison products and to provide educational services, training, and technical assistance to pesticide applicators, beekeepers, and the general public regarding the effects of pesticides on pollinators and the methods or best management practices to reduce the impacts of pesticides on pollinators. The annual registration year shall be from December 1 to November 30 of the following year.

(2) In addition to the fee required under subdivision (1) of this subsection, a registrant shall pay a fee of $50.00 per product registration that shall be deposited in the special fund created in section 929 of this title and used to meet the requirements of subdivision 929(a)(6) of this title. This additional fee shall be collected from registrants until such time as an extended producer responsibility program is implemented in the State that fully funds the collection of obsolete and unwanted pesticides.

(c) The Secretary, whenever he or she deems it necessary in the administration of this chapter, may require the submission of the complete formula of any economic poison. If it appears to the Secretary that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of sections 919 and 920 of this title, he or she shall register the article.

(d) If it does not appear to the Secretary that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, he or she shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fail to comply with the chapter so as to afford the registrant an opportunity to make the necessary corrections. In order to protect the public, the Secretary, on his or her own motion, may, at any time, cancel the registration of an economic poison that fails to meet the requirements of this section. In no event shall registration of an article be construed as a defense for the commission of any offense prohibited under sections 919 and 920 of this title.

(e) Notwithstanding any other provision of this chapter, registration is not required in the case of an economic poison shipped from one plant within this State to another plant within this State operated by the same person.

(f) Unless the use or sale of a neonicotinoid pesticide is otherwise prohibited, the Secretary shall register as a restricted use pesticide any neonicotinoid pesticide labeled as approved for outdoor use that is distributed, sold, sold into, or offered for sale within the State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State, provided that the Secretary shall not register the following products as restricted use pesticides unless classified under federal law as restricted use products:

(1) pet care products used for preventing, destroying, repelling, or mitigating fleas, mites, ticks, heartworms, or other insects or organisms;

(2) personal care products used for preventing, destroying, repelling, or mitigating lice or bedbugs; and

(3) indoor pest control products used for preventing, destroying, repelling, or mitigating insects indoors.

(g) The Secretary shall register as a restricted use pesticide any second-generation anticoagulant rodenticide that is distributed, sold, sold into, or offered for sale within the State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State.
6 V.S.A. § 2673 — VT Code / Title 6 / Chapter 151 / Section 2673
§ 2673. Appointment of Secretary of State for service of process
Status: in_force

Before a license is issued under the provisions of this subchapter, the handler, if a nonresident or a foreign corporation, shall, in writing, appoint the Secretary of State its attorney upon whom service of legal process in any action or proceeding against it may be made with the same validity as if made upon the handler. The provisions of 9 V.S.A. §§ 4209 and 4210 shall apply to such handler.
6 V.S.A. § 1472 — VT Code / Title 6 / Chapter 107 / Section 1472
§ 1472. Test; certificate
Status: in_force

(a) A person wishing to export a domestic animal may obtain a certificate of veterinary inspection in the following manner. The applicant shall have the animal to be exported tested for such contagious disease or other condition as may be required by the state or country to which the animal is to be shipped. The test shall be made at the expense of the applicant by a veterinarian licensed in this State and accredited by the U.S. Department of Agriculture to sign certificates of veterinary inspection. The testing may also be conducted by a veterinarian resident of any other state in which a test is conducted who is certified by the authority charged with the control of animal health matters in the state where such veterinarian resides to be licensed as a veterinarian in that state and accredited by the U.S. Department of Agriculture to sign certificates of veterinary inspection. The test shall be made in accordance with the reasonable rules and regulations as the Secretary shall prescribe, and the result of the test shall be reported to the Secretary within five days following the time it is completed.

(b) If the testing discloses that the animal tested is free of the disease or condition tested for and the Secretary shall be satisfied that the testing was performed in accordance with the applicable rules, the Secretary shall issue to the owner a certificate evidencing the date and the result of the test as shown by the report of the veterinarian who conducted the test and the fact that the test has been performed in accordance with the laws of this State. The Secretary shall also include a certification as to the status of the licensing and accreditation of the veterinarian making the test.

(c) In cases covered by this section and section 1471 of this title, a veterinarian whose licensing and accreditation are certified to by the authority charged with the control of animal health matters in the State where the veterinarian resides may be certified by the Secretary as licensed and accredited, unless it shall affirmatively appear that the veterinarian is not licensed or accredited. Veterinarians conducting tests or examinations in Vermont must be licensed in Vermont or otherwise authorized to do so.

(d) Veterinary accreditation by U.S. Department of Agriculture and certification of accreditation shall only be necessary for animals exported out of Vermont when required by the state or country of destination.
6 V.S.A. § 2815 — VT Code / Title 6 / Chapter 153 / Section 2815
§ 2815. Records and reports
Status: in_force

(a) Each handler shall record and preserve for one year all purchases and sales by weight or volume, butterfat or solids tests, or any other tests that are used as a basis for payment or determination of quality for dairy products delivered by a producer. The record shall show the name and number of the producer, the period covered by the test, and the date the test was made. This record shall be signed by the licensed technician performing the tests and shall be available for examination by the Secretary at all times.

(b) The handler shall immediately furnish each producer for each delivery a statement showing the weight or volume of dairy product, the producer's name and number, the handler's name, the date, and other information required by the Secretary.

(c) Each payment to each producer shall be accompanied by a statement showing the period covered, the producer's name and number, unit price, weight or volume for the period covered, the results of all tests used as a basis for payment, a detailed statement of all deductions, and other appropriate information.

(d) The Secretary shall upon request make available to the persons directly involved, the results of all tests made by him or her to check the accuracy of tests performed by the milk handler.
6 V.S.A. § 793 — VT Code / Title 6 / Chapter 64 / Section 793
§ 793. Powers and duties of Livestock Care Standards Advisory Council
Status: in_force

(a) The Council shall:

(1) Review and evaluate the laws and rules of the State applicable to the care and handling of livestock. In conducting the evaluation required by this section, the Council shall consider the following:

(A) the overall health and welfare of livestock species;

(B) agricultural best management practices;

(C) biosecurity and disease prevention;

(D) animal morbidity and mortality data;

(E) food safety practices;

(F) the protection of local and affordable food supplies for consumers; and

(G) humane transport and slaughter practices.

(2) Submit policy recommendations to the Secretary on any of the subject matter set forth under subdivision (1) of this subsection. A copy of the policy recommendations submitted to the Secretary shall be provided to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture. Recommendations may be in the form of proposed legislation. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.

(3) Meet at least annually and at such other times as the Chair determines to be necessary.

(4) Submit minutes of the Council annually, on or before January 15, to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.

(b) The Council may engage in education and outreach activities related to the laws and rules for the care and handling of livestock. The Council may accept funds from public or private sources in compliance with 32 V.S.A. § 5.
6 V.S.A. § 2674 — VT Code / Title 6 / Chapter 151 / Section 2674
§ 2674. Records and reports - Handlers
Status: in_force

(a) On or before March 1 of each year, all handlers shall send the Secretary a full and accurate report of the amount of business done during the preceding year, together with such other statistical information as the Secretary may require. Failure to file requested information shall be grounds for suspension of license. If the handler purchases milk from a Vermont farm, a cooperative representing a Vermont farm, or a marketing service owned by a cooperative, the handler, in addition to any other information required by the Secretary, shall provide the following information:

(1) the source or sources of milk purchased by the handler and the monthly quantity purchased for each of the past 12 months;

(2) a sworn balance sheet showing assets and liabilities and a profit and loss statement as of the end of the handler's preceding fiscal year and such other information regarding its financial condition as the Secretary may require; and

(3) a statement as to when all Vermont producers will be paid in part and in full, provided that payment shall be made as agreed upon but not later than the 25th day of the following month.

(b) A milk handler that is licensed under this chapter and that withdraws more than 57,600 gallons of groundwater per day averaged over any 30-consecutive-day period shall annually report estimated water use to the Secretary of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall share information reported under this section with the Agency of Natural Resources.
6 V.S.A. § 687 — VT Code / Title 6 / Chapter 37 / Section 687
§ 687. Penalty
Status: in_force

A person who violates this chapter shall be fined not more than $500.00.
6 V.S.A. § 923 — VT Code / Title 6 / Chapter 81 / Section 923
§ 923. Procedure for prosecuting violations
Status: in_force

The examination of economic poisons shall be made under the direction of the Secretary for the purpose of determining whether they comply with the requirements of this chapter. If it shall appear from such examination that an economic poison fails to comply with the provisions of this chapter, and the Secretary contemplates instituting criminal proceedings against any person, the Secretary shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity to present his or her views, either orally or in writing, with regard to such contemplated proceedings and if thereafter in the opinion of the Secretary it shall appear that the provisions of the chapter have been violated by such person, then the Secretary shall refer the facts to the State's Attorney for the county in which the violation shall have occurred with a copy of the results of the analysis or the examination of such article. However, nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel proceedings minor violations of the chapter whenever he or she believes that the public interests will be best served by a suitable notice of warning in writing.
6 V.S.A. § 1039 — VT Code / Title 6 / Chapter 84 / Section 1039
§ 1039. Confidentiality of trade secrets
Status: in_force

The Secretary may not make information public that contains or relates to trade secrets, commercial, or financial information obtained from a person that is privileged or confidential. However, when the information is necessary to carry out the provisions of this chapter or any of the rules adopted under this chapter, this information may be revealed, subject to a protective order, to any federal or state agency or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the Secretary.
6 V.S.A. § 4811 — VT Code / Title 6 / Chapter 215 / Section 4811
§ 4811. Powers of Secretary
Status: in_force

The Secretary of Agriculture, Food and Markets in furtherance of the purposes of this chapter may:

(1) Make, adopt, revise, and amend reasonable rules that define practices described in section 4810 of this title as well as other rules deemed necessary to carry out the provisions of this chapter.

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

(3) Enter any lands, public or private, and review and copy any land management records as may be necessary to carry out the provisions of this chapter.

(4) Sign memorandums of understanding between agencies when the Secretary of Agriculture, Food and Markets agrees it is necessary for the success of the program.

(5) Solicit and receive federal or private funds.

(6) Cooperate fully with the federal government or other agencies in the operation of any joint federal-state programs concerning the regulation of agricultural nonpoint source pollution.

(7) Establish programs to improve agricultural water quality.

(8) Provide grants or contracts from agricultural water quality programs established under this chapter, or by the Secretary of Agriculture, Food and Markets, for the purpose of providing technical and financial assistance in preventing agricultural pollution from entering groundwater and waters of the State, provided that the Secretary shall only use capital funding available to the Agency for water quality programs or projects that are eligible for capital assistance.
6 V.S.A. § 1808 — VT Code / Title 6 / Chapter 141 / Section 1808
§ 1808. Powers to promote regulatory uniformity, simplicity, and interstate cooperation
Status: in_force

The Commission is hereby empowered to:

(1) Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, and to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.

(2) Prepare and transmit to the participating states model dairy laws and regulations dealing with the inspection of farms and plants, sanitary codes, labels for dairy products and their imitations, standards for dairy products, license standards, producer security programs, and fair trade laws.

(3) Study and recommend to the participating states joint or cooperative programs for the administration of the dairy laws and regulations and prepare estimates of cost savings and benefits of such programs.

(4) Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposiums or conferences designed to improve industry relations, or a better understanding of problems.

(5) Prepare and release periodic reports on activities and results of the Commission's efforts to the participating states.

(6) Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk.

(7) Investigate costs and charges for producing, hauling, handling, processing, distributing, selling and for all other services performed with respect to milk.

(8) Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms.
6 V.S.A. § 3035 — VT Code / Title 6 / Chapter 172 / Section 3035
§ 3035. Penalty
Status: in_force

A person who violates a provision of this chapter, or a regulation adopted under its authority, shall be fined not more than $500.00 for each offense.
6 V.S.A. § 2923 — VT Code / Title 6 / Chapter 161 / Section 2923
§ 2923. Administrative work
Status: in_force

The Vermont Agency of Agriculture, Food and Markets shall perform the administrative work of the Commission as directed by the Commission. The Commission may reimburse the Agency of Agriculture, Food and Markets for the cost of services performed by the Agency. The Commission may enter into contracts with and employ technical experts and authorize and retain legal counsel and other such officers, agents, and employees as are necessary to effect the purposes of this chapter and may fix their qualifications, duties, and compensation. The contract remuneration and employment compensation shall be paid from the Vermont Milk Commission fund and shall be subject to the limitations of section 2924 of this chapter.
6 V.S.A. § 4810a — VT Code / Title 6 / Chapter 215 / Section 4810a
§ 4810a. Required Agricultural Practices; revision
Status: repealed

(a) The Secretary of Agriculture, Food and Markets shall maintain the Required Agricultural Practices in order to improve water quality in the State, ensure practices on all farms eliminate adverse impacts to water quality, and implement the small farm certification program required by section 4871 of this title. At a minimum, the Required Agricultural Practices shall:

(1) Specify those farms that:

(A) are required to comply with the small farm certification requirements under section 4871 of this title due to the potential impact of the farm or type of farm on water quality as a result of livestock managed on the farm, agricultural inputs used by the farm, or tillage practices on the farm; and

(B) shall be subject to the Required Agricultural Practices but shall not be required to comply with small farm certification requirements under section 4871 of this title.

(2)(A) Except as authorized under subdivision (C) of this subdivision (2), prohibit a farm from stacking or piling manure, storing fertilizer, or storing other nutrients on the farm:

(i) in a manner and location that presents a threat of discharge to a water of the State or presents a threat of contamination to groundwater; or

(ii) on lands in a floodway or otherwise subject to annual flooding.

(B) Except as authorized under subdivision (C) of this subdivision (2), manure stacking or piling sites, fertilizer storage, or other nutrient storage shall not be located within 200 feet of a private well or within 200 feet of a water of the State.

(C) The Secretary may authorize one or more of the following:

(i) siting of manure stacking or piling sites, fertilizer storage, or other nutrient storage within 200 feet, but not less than 100 feet, of a private well or surface water if the Secretary determines that the site is the best available site on the farm for the purposes of protecting groundwater quality or surface water quality; and

(ii) siting of a waste storage facility within 200 feet of a surface water or private well if the site is the best available site on the farm for the purposes of protecting groundwater quality or surface water quality and the waste storage facility is designed by a licensed engineer to meet the requirements of section 4815 of this title.

(3) Require the construction and management of barnyards, waste management systems, animal holding areas, and production areas in a manner to prevent runoff of waste to a surface water, to groundwater, or across property boundaries.

(4) Establish standards for nutrient management on farms, including:

(A) required nutrient management planning on all farms that manage agricultural wastes; and

(B) recommended practices for improving and maintaining soil quality and healthy soils in order to increase the capacity of soil to retain water, improve flood resiliency, reduce sedimentation, reduce reliance on fertilizers and pesticides, and prevent agricultural stormwater runoff.

(5) Require cropland on the farm to be cultivated in a manner that results in an average soil loss of less than or equal to the soil loss tolerance for the prevalent soil, known as 1T, as calculated through application of the Revised Universal Soil Loss Equation or through the application of similarly accepted models.

(6)(A) Require a farm to comply with standards established by the Secretary for maintaining a vegetative buffer zone of perennial vegetation between annual croplands and the top of the bank of an adjoining water of the State. At a minimum the vegetative buffer standards established by the Secretary shall prohibit the application of manure on the farm within 25 feet of the top of the bank of an adjoining water of the State or within 10 feet of a ditch that is not a surface water under State law and that is not a water of the United States under federal law. The minimum vegetated buffer requirement required under this subdivision (A) shall not apply to a farm that is determined by the Secretary of Natural Resources to be a Concentrated Animal Feeding Operation and is required to obtain a CAFO permit as required under 10 V.S.A. § 1353. A farm determined to be a Concentrated Animal Feeding Operation that requires a CAFO permit shall instead comply with the setback and buffer requirements established in the federal CAFO regulations.

(B) Establish standards for site-specific vegetative buffers that adequately address water quality needs based on consideration of soil type, slope, crop type, proximity to water, and other relevant factors.

(7) [Repealed.]

(8) Regulate, in a manner consistent with the Agency of Natural Resources' flood hazard area and river corridor rules, the construction or siting of a farm structure or the storage of manure, fertilizer, or pesticides within a river corridor designated by the Secretary of Natural Resources.

(9) Establish standards for the exclusion of livestock from the waters of the State to prevent erosion and adverse water quality impacts.

(10) Establish standards for soil conservation practices such as cover cropping.

(11) Allow for alternative techniques or practices, approved by the Secretary, for compliance by an owner or operator of a farm when the owner or operator cannot comply with the requirements of the Required Agricultural Practices due to site-specific conditions. Approved alternative techniques or practices shall meet State requirements to reduce adverse impacts to water quality.

(b) The Secretary of Agriculture, Food and Markets shall maintain the Required Agricultural Practices in order to include requirements for reducing nutrient contribution to waters of the State from subsurface tile drainage. Upon adoption of requirements for subsurface tile drainage, the Secretary may require an existing subsurface tile drain to comply with the requirements of the RAPs for subsurface tile drainage upon a determination that compliance is necessary to reduce adverse impacts to water quality from the subsurface tile drain.

(c) The Secretary shall amend the Required Agricultural Practices to include requirements for activities occurring in areas that are excluded from regulation by the Agency of Natural Resources under 10 V.S.A. § 902 because the area is used to grow food or crops in connection with farming activities.
6 V.S.A. § 4853 — VT Code / Title 6 / Chapter 215 / Section 4853
§ 4853. Informational meeting
Status: in_force

(a) Upon receipt by the Secretary of a permit application for construction of a new barn under this subchapter, the Secretary shall establish an advisory group to assist in reviewing the application. The advisory group shall consist of, in addition to the Secretary, the Secretary of Natural Resources or his or her duly authorized representative, a farmer appointed by the Governor, and a representative of the legislative body of the municipality in which the proposed facility would be located. Such representative shall be appointed by the legislative body but need not be a resident of the municipality. The Secretary may establish the advisory group pursuant to this subsection upon receipt of a permit application for expansion of an existing barn under this subchapter.

(b) The Secretary shall conduct an informational meeting in a municipality when there is a proposal to construct a new barn, within the municipality, that would require a permit under this subchapter.

(c) The Secretary may conduct an informational meeting in a municipality in which a barn expansion is sought if the barn is already subject to permitting requirements under this subchapter.

(d) The Secretary shall upon request prepare in writing the response of the agency to matters raised during a meeting held pursuant to this section or submitted to the Secretary in writing. Such response shall pertain to considerations required under this subchapter.
6 V.S.A. § 764 — VT Code / Title 6 / Chapter 63 / Section 764
§ 764. Bond
Status: repealed

(a) Before the Secretary issues a livestock dealer or packer license under this chapter, an applicant shall furnish the Secretary with a surety bond in the amount of not less than $10,000.00 executed by a surety company authorized to do business in this State.

(b) [Repealed.]

(c) All bonds required under this section shall be in the form required under 9 C.F.R. § 201.30, as amended over time. In lieu of a surety bond required under this section, the Secretary may accept a financial instrument or alternate form of surety authorized under 9 C.F.R. § 201.30.

(d)-(g) [Repealed.]
6 V.S.A. § 915 — VT Code / Title 6 / Chapter 81 / Section 915
§ 915. Rules
Status: in_force

The Secretary, after due public hearing, may make appropriate rules for carrying out the provisions of this chapter, including rules providing for the collection and examination of samples of economic poisons.
6 V.S.A. § 238 — VT Code / Title 6 / Chapter 23 / Section 238
§ 238. Rules
Status: in_force

The Secretary of Agriculture, Food and Markets shall make and publish uniform rules for carrying out the provisions of this chapter.
6 V.S.A. § 1110 — VT Code / Title 6 / Chapter 87 / Section 1110
§ 1110. Pesticide monitoring
Status: in_force

The Secretary shall develop and implement a plan to monitor the use of pesticides registered in Vermont. The program shall include the cataloguing of available data and research conducted on the environmental and public health aspects of pesticides into a central information repository in order to facilitate public access to the accumulated information. The program shall be funded directly by a portion of the registration fee provided for in 6 V.S.A. § 918(b).
6 V.S.A. § 553 — VT Code / Title 6 / Chapter 33 / Section 553
§ 553. Marking of containers
Status: in_force

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

1951, No. 103, § 3.
6 V.S.A. § 3021 — VT Code / Title 6 / Chapter 172 / Section 3021
§ 3021. Definitions
Status: in_force

As used in this chapter:

(1) “Abandoned apiary” means any apiary in this State whose location has not been registered with the Secretary and for which the owner cannot be located after reasonable effort.

(2) “Apiary” means a place where one or more colonies of bees are kept and shall include hives and bees.

(3) “Bee” means the insect commonly known as the honey bee (apis mellifera), or other species of the genus apis, at any stage of its existence, including the egg, larval, pupal, or adult stages.

(4) “Brood comb” means a structure of cells composed of beeswax in which bees lay their eggs and in which immature bees are reared.

(5) “Colony” means the hive and its equipment, including bees, comb, and honey.

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

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

(8) “Destroy” means to burn bees, combs, and frames, or other equipment that cannot be disinfected by scorching or other approved methods.

(9) “Disease” shall mean any serious malady that is infectious, contagious, or injurious to bees and shall include American foulbrood, European foulbrood, or external or internal parasites or parasitoids of bees.

(10) “Equipment” means hives, supers, and frames.

(11) “Hive” means frame, hive, box hive, box, barrel, log gum, skep, or other receptacle or container, natural or artificial, or any part thereof, that is used or employed as a domicile for bees.

(12) “Honeycomb” means a structure of cells composed of beeswax in which bees store honey.

(13) “Inspector” means any person designated by the Secretary to inspect apiaries and enforce this chapter.

(14) “Owner” means a person who in any way owns, leases, possesses, or otherwise controls an apiary, colony, hive, bees, or equipment and shall include the agent of such person.

(15) “Person” shall include all corporations, partnerships, associations, societies, individuals or group of individuals, or any employee, servant, or agent acting for or employed by any person as defined in this subdivision.
6 V.S.A. § 374 — VT Code / Title 6 / Chapter 28 / Section 374
§ 374. Short weight
Status: in_force

(a) If any fertilizer, beneficial substance, or agricultural liming material is found to be short in net weight, the registrant of the fertilizer, beneficial substance, or lime shall pay a penalty of three times the value of the actual shortage to the affected party.

(b) 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.

(c) 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.

(d) This section is not an exclusive cause of action, and persons affected may utilize any other right of action available under law.
6 V.S.A. § 644 — VT Code / Title 6 / Chapter 35 / Section 644
§ 644. Label requirements for agricultural, flower, and vegetable seeds
Status: in_force

(a) Each container of agricultural, flower, and vegetable seeds that is sold in this State for sowing purposes shall be labeled.

(1) All labels shall include:

(A) the name of the kind of each agricultural, flower, grass, and vegetable seed present;

(B) the lot number or other lot identification;

(C) for agricultural and grass seed, the percent by weight of all weed seeds, crop seeds, and inert matter;

(D) the percent germination of agricultural and grass seed, exclusive of hard seed; the percentage by weight of hard seed; and the calendar month and year the test was completed; and

(E) the name and address of the labeler or distributor.

(2) For all seeds that have been treated, the label shall include a word or statement indicating that the seed has been treated with the commonly accepted chemical or abbreviated chemical name of the applied substance. A caution statement shall be set forth if the substance in the amount present is harmful to human or other vertebrate animals. The caution for toxic substances shall be a poison statement or symbol.

(3) For seed treated with an inoculant, the label shall state the date of expiration of the inoculant.

(4) For all seed containing genetically engineered material, the manufacturer or processor shall cause the label or labeling to specify the identity and relevant traits or characteristics of such seed, plus any requirements for their safe handling, storage, transport, and use; the contact point for further information; and, as appropriate, the name and address of the manufacturer, distributor, or supplier of such seed.

(b) The Secretary may adopt rules for labeling procedures consistent with the provisions of this section, which take into account origin, presence of weed seed, mixtures, hermetically sealed containers, coated seed, “crop seeds,” genetically engineered material, genetically engineered plant parts, hybrids, germination medium, and preplanted containers.
6 V.S.A. § 2984 — VT Code / Title 6 / Chapter 163 / Section 2984
§ 2984. Milk received by more than one handler
Status: in_force

In case the same milk is received by more than one handler, the first handler handling or receiving milk shall be the handler within the meaning of this chapter.
6 V.S.A. § 3315 — VT Code / Title 6 / Chapter 204 / Section 3315
§ 3315. Forfeiture
Status: in_force

(a) Any livestock product or poultry product of any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce, or is otherwise subject to this chapter, or is held for sale in this State after transportation, and that:

(1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or the rules adopted under it; or

(2) is capable of use as human food and is adulterated or misbranded; or

(3) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a complaint in any Superior Court as provided in section 3316 of this title. If the product or animal is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of this State. The product or animal shall not be sold contrary to the provisions of this chapter, the Federal Meat Inspection Act, the federal Poultry Products Inspection Act, or the Federal Food, Drug, and Cosmetic Act. Upon the execution and delivery of a good and sufficient bond guaranteeing that the product or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the United States, the court may direct that the product or animal be delivered to the owner subject to the supervision by authorized representatives of the Secretary as is necessary to ensure compliance with the applicable laws. When a decree of condemnation is entered against the product or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses, shall be awarded against the person, if any, intervening as claimant of the product or animal.

(b) The provisions of this section shall in no way impair authority for condemnation or seizure conferred by other provisions of this chapter or other laws.
6 V.S.A. § 255 — VT Code / Title 6 / Chapter 24 / Section 255
§ 255. Eligibility of producers; conduct of referendum
Status: in_force

(a) Only persons who verify pursuant to this section that they are producers shall be eligible to vote in a referendum. The Secretary shall prepare a list of all persons believed to be producers. At least 28 days prior to the referendum, he or she shall mail to each person on the list a notice of the referendum and a statement on which each person may verify that he or she is a producer within the meaning of this chapter. The Secretary shall also cause to be published the notice and verification statement in two newspapers of general circulation throughout the State on the same day for two successive weeks, the last date of publication to be at least 28 days prior to the date of the referendum. The notice shall also state that no producer shall be eligible to vote unless he or she returns the verification statement to the Secretary postmarked at least 10 days prior to the date of the referendum. A referendum shall not be considered invalid because a producer is unknown to the Secretary or does not receive notification.

(b) Upon receipt of signed verifications, the Secretary shall mail ballots to all producers who have verified their eligibility to vote. Those producers shall mark their ballots and return them to the Secretary either by hand not later than 10 days after the referendum date or by mail postmarked not later than 10 days after the referendum date.

(c) The Secretary shall count the ballots and release the results to the public.

(d) The results of any referendum shall bind all producers regardless of whether they voted, or were eligible to vote, in the referendum. The results shall also bind persons who become producers thereafter.

(e) Prior to the issuance, amendment, or termination of any marketing rule, the Secretary may require the applicant to deposit with the Agency an amount determined by the Secretary to defray the expense of conducting the referendum. The funds shall be managed as provided by section 256 of this title. If the proposed market rule action is approved in a referendum, the Secretary shall return any unexpended monies collected to the applicant.
6 V.S.A. § 2938 — VT Code / Title 6 / Chapter 161 / Section 2938
§ 2938. Fund established
Status: in_force

The Vermont Milk Commission Fund is established in the State Treasury and shall be administered by the Secretary of Agriculture, Food and Markets in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund shall be retained in the Fund. Proceeds from this chapter shall be deposited into the Fund. The Fund shall be used as necessary for the purposes of this chapter. The Treasurer shall distribute funds as directed by the Commission.
6 V.S.A. § 1731 — VT Code / Title 6 / Chapter 115 / Section 1731
§ 1731. Sale, distribution, or use
Status: in_force

(a) A person, firm, or corporation other than a licensed veterinarian shall not sell, trade, distribute, or use in this State any product containing live germs, cultures, or virulent products for the treatment of any domestic animal without first obtaining written authorization from the Secretary of Agriculture, Food and Markets.

(b) In no case may a person, firm, or corporation, including licensed veterinarians, use or possess virulent live virus hog cholera vaccine.
6 V.S.A. § 562 — VT Code / Title 6 / Chapter 34 / Section 562
§ 562. Definitions
Status: in_force

As used in this chapter:

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

(2)(A) “Grow” means:

(i) planting, cultivating, harvesting, or drying of hemp; and

(ii) selling, storing, and transporting hemp grown by a grower.

(B) “Grow” may be used interchangeably with the word “produce.”

(3) “Grower” means a person who is registered with the Agency to produce hemp crops.

(4)(A) “Hemp products” or “hemp-infused products” means all products with the federally defined tetrahydrocannabinol concentration level for hemp derived from, or made by, processing hemp plants or plant parts, which are prepared in a form available for commercial sale, including cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, construction materials, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

(B) Notwithstanding subdivision (A) of this subdivision (4), “hemp products” and “hemp-infused products” do not include any substance, manufacturing intermediary, or product that:

(i) is prohibited or deemed a regulated cannabis product by administrative rule of the Cannabis Control Board; or

(ii) contains more than 0.3 percent total tetrahydrocannabinol on a dry-weight basis.

(C) A hemp-derived product or substance that is excluded from the definition of “hemp products” or “hemp-infused products” pursuant to subdivision (B) of this subdivision (4) shall be considered a cannabis product as defined by 7 V.S.A. § 831(3); provided, however, that a person duly licensed or registered by the Cannabis Control Board lawfully may possess such products in conformity with the person's license or hemp processor registration.

(5) “Hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers, whether growing or not, with the federally defined tetrahydrocannabinol concentration level of hemp. “Hemp” shall be considered an agricultural commodity.

(6) “Process” means the storing, drying, trimming, handling, compounding, or converting of a hemp crop by a processor for a single grower or multiple growers into hemp products or hemp-infused products. “Process” includes transporting, aggregating, packaging hemp from a single grower or multiple growers, or manufacturing hemp products or hemp-infused products from hemp concentrate.

(7) “Processor” means a person who is registered with the Agency to process hemp crops. A retail establishment selling hemp products or hemp-infused products is not a processor.

(8) “Secretary” means the Secretary of Agriculture, Food and Markets.
6 V.S.A. § 15 — VT Code / Title 6 / Chapter 1 / Section 15
§ 15. Administrative penalties
Status: in_force

(a) In addition to other penalties provided by law, the Secretary may assess administrative penalties, not to exceed $5,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is otherwise provided for in Title 9 or Title 20.

(b) In determining the amount of the penalty to be assessed under this section, the Secretary may give consideration to one or more of the following:

(1) the degree of actual and potential impact on public health, safety, and welfare resulting from the violation;

(2) the presence of mitigating or aggravating circumstances;

(3) whether the violator has been warned or found in violation of the same provisions of law in the past;

(4) the economic benefit gained by the violation;

(5) the deterrent effect of the penalty; or

(6) the financial condition of the violator.

(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $50,000.00.

(d) In addition to the administrative penalties authorized by this section, the Secretary may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Agency to offset these costs.

(e) Any party aggrieved by a final decision of the Secretary may appeal de novo to the Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court.
6 V.S.A. § 327 — VT Code / Title 6 / Chapter 26 / Section 327
§ 327. Adulteration
Status: in_force

(a) A commercial feed including whole seeds shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance that may render it injurious to human or animal health, but in case the substance is not an added substance, the commercial feed shall not be considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health.

(b) Any other commercial feed, feed supplement, or dosage form animal health product shall be deemed to be adulterated if:

(1) any valuable constituent has been in whole or in part omitted or abstracted from the commercial feed, feed supplement, or dosage form animal health product or any less valuable substance substituted for a more valuable constituent;

(2) its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

(3) use of the product may result in contamination of a raw agricultural product;

(4) it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice and rules adopted by the Secretary to ensure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it purports or is represented to possess; or

(5) it contains viable weed seeds in amounts exceeding the limits that the Secretary shall establish by rule.
6 V.S.A. § 914 — VT Code / Title 6 / Chapter 81 / Section 914
§ 914. Delegation of duties
Status: in_force

All authority vested in the Secretary by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Agency of Agriculture, Food and Markets as the Secretary may from time to time designate for such purpose.
6 V.S.A. § 4821 — VT Code / Title 6 / Chapter 215 / Section 4821
§ 4821. Assistance program created; administration
Status: in_force

(a) Program created. A program is created to provide State financial assistance to Vermont farmers in support of their voluntary construction of on-farm improvements and maintenance of acceptable operating standards designed to abate nonpoint source agricultural waste discharges into the waters of the State of Vermont, consistent with goals of the Federal Water Pollution Control Act and with State water quality standards. The program shall be conducted in a manner that makes maximum use of federal financial aid for the same purpose, as provided by this subchapter, and that seeks to use the least costly methods available to accomplish the abatement required. The construction of temporary fencing intended to exclude livestock from entering surface waters of the State shall be an on-farm improvement eligible for assistance under this subchapter when subject to a maintenance agreement entered into with the Agency of Agriculture, Food and Markets.

(b) Program administration. The Secretary:

(1) Shall administer the State assistance program, for which purpose the Secretary shall coordinate with officials of the U.S. Department of Agriculture or other federal agencies, and shall adopt rules pursuant to 3 V.S.A. chapter 25 concerning farmer application and eligibility requirements, financial assistance award priorities, and other administrative and enforcement conditions.

(2) May provide technical assistance to individual farmers with the preparation of on-farm agricultural waste management plans, applications for State and federal financial assistance awards, installation of on-farm improvements, and maintenance of acceptable operating standards during the term of the program grant agreement. For this purpose, State employees of the Agency shall cooperate with federal employees of the U.S. Department of Agriculture or other federal agencies.
6 V.S.A. § 4992 — VT Code / Title 6 / Chapter 215 / Section 4992
§ 4992. Corrective actions; administrative enforcement
Status: in_force

(a) When the Secretary of Agriculture, Food and Markets receives a complaint and determines that a farmer is in violation of the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter, the Secretary shall notify the farmer of the complaint, including the alleged violation. The Secretary shall not be required to identify the source of the complaint.

(b) When the Secretary of Agriculture, Food and Markets determines that a person is violating the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this subsection shall include:

(1) a description of the alleged violation;

(2) identification of this section;

(3) identification of the applicable statute, rule, or permit condition violated;

(4) the required corrective actions that the person shall take to correct the violation; and

(5) a summary of federal and State assistance programs that may be utilized by the person to assist in correcting the violation.

(c) A person issued a warning under this section shall have 30 days to respond to the written warning and shall provide an abatement schedule for curing the violation and a description of the corrective action to be taken to cure the violation.

(d) If a person who receives a warning under this subsection fails to respond in a timely manner to the written warning or to take corrective action, the Secretary may act pursuant to section 4993 or section 4995 of this section in order to protect water quality.
6 V.S.A. § 4827 — VT Code / Title 6 / Chapter 215 / Section 4827
§ 4827. Repealed. 2021, No. 162 (Adj. Sess.), § 5, effective June 1, 2022.
Status: repealed

(Repealed by 2021, No. 162 (Adj. Sess.), § 5, eff. June 1, 2022.)
6 V.S.A. § 499 — VT Code / Title 6 / Chapter 32 / Section 499
§ 499. Construction
Status: in_force

(a) This chapter shall not be construed to limit in any way the powers of the Department of Health with regard to the regulation of food and drink and the standards, adulteration, misbranding, and misrepresentation thereof.

(b) The provisions of this chapter are severable. If any provision of this chapter, any exemption under this chapter, or any application of this chapter to any person or circumstance is invalid, the invalidity shall not affect other provisions, exemptions, or applications that can be given effect without the invalid provision, exemption, or application.
6 V.S.A. § 5101 — VT Code / Title 6 / Chapter 217 / Section 5101
§ 5101. Definitions
Status: in_force

As used in this chapter:

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

(2) “Invasive species” means any species of vegetation that:

(A) is designated as a noxious weed on the Agency's Noxious Weed Rule under chapter 84 of this title;

(B) is listed on the Vermont Invasive Exotic Plant Committee Watch List;

(C) has been quarantined by the Agency as invasive; or

(D) has been determined to be invasive by the Agency of Natural Resources.

(3) “Native” refers to perennial vegetation that is native to Vermont. Native perennial vegetation does not include invasive species.

(4) “Naturalized” refers to perennial vegetation that is not native to Vermont but is now considered to be well established and part of Vermont flora. Naturalized perennial vegetation does not include invasive species.

(5) “Owner” means a public or private entity that has a controlling interest in the solar site.

(6) “Perennial vegetation” means wildflowers, forbs, shrubs, sedges, rushes, and grasses that serve as habitat, forage, and migratory way stations for pollinators.

(7) “Pollinator” means bees, birds, bats, and other insects or wildlife that pollinate flowering plants and includes wild and managed insects.

(8) “Solar site” means a ground-mounted solar system for generating electricity and the area surrounding that system under the control of the owner.

(9) “Vegetation management plan” means a written document that includes short- and long-term site management practices that will provide and maintain native and naturalized perennial vegetation.
6 V.S.A. § 1030 — VT Code / Title 6 / Chapter 84 / Section 1030
§ 1030. Definitions
Status: in_force

Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) “Beneficial organism” means any organism that, during its life cycle, is an effective pollinator of plants, a parasite or predator of pests, or otherwise beneficial.

(2) “Biological control agent” means any living organism applied to or introduced into the environment that is intended to function as a controlling agent against another organism.

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

(4) “Compliance agreement” means a written agreement between the Agency and any person engaged in growing, handling, or moving regulated articles, plant pests, plants, parts of plants, or plant products regulated under this chapter, where the person agrees to comply with stipulated requirements.

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

(6) “Genetically modified organism” means any organism altered or produced through genetic modification from a donor, vector, recipient organism, or by other means using modern molecular techniques.

(7) “Host” means any plant pest, plant, plant product, or other organism upon which a pest or beneficial organism is dependent for completion of any portion of its life cycle.

(8) “Infested area” means an area that has been determined to have an established pest population.

(9) “Permit” means a document issued by the Secretary to provide for the importation of plant pests, biological control agents, or regulated articles into the State and their movement within the State to restricted destinations for limited handling, utilization, or processing.

(10) “Person” means any individual or combination of individuals, partnership, corporation, company, society, association, governmental organization, university, or other entity and each officer, agent, or employee.

(11) “Plant and plant products” means trees, shrubs, and vines; forage, fiber, and cereal plants; cuttings, grafts, scions, buds, and lumber; fruit, vegetables, roots, bulbs, seeds, and wood; and all other plants, parts of plants, and plant products.

(12) “Plant pest” means any living stage of insects, mites, nematodes, slugs, snails, protozoa, or any other invertebrate animals; bacteria, fungi, mycoplasma, or other parasitic plants, weeds, or reproductive parts thereof; viruses or any organisms similar to or allied with any of the foregoing; and any genetically modified organisms or biological control agents that may directly or indirectly injure or cause disease or damage to any beneficial organisms, plants, parts of plants, or plant products.

(13) “Quarantine” means a legal declaration by the Secretary to prevent the spread of highly injurious plant pests that specifies the plant pest, plants, parts of plants, plant products, regulated articles, conditions governing movement, the area or areas quarantined, and any exemptions.

(14) “Regulated article” means an article of any character carrying or capable of carrying a plant pest.
6 V.S.A. § 4826 — VT Code / Title 6 / Chapter 215 / Section 4826
§ 4826. Cost assistance for waste storage facilities
Status: in_force

(a) The owner or operator of a farm required under section 4815 of this title to design, construct, or modify a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for cost assistance. Using State or federal funds, or both, a State assistance grant shall be awarded, subject to the availability of funds, to applicants. Such grants shall not exceed 90 percent of the cost of an adequately sized and designed waste storage facility and the equipment eligible for Natural Resources Conservation Service cost share assistance. Application for a State assistance grant shall be made in the manner prescribed by the Secretary.

(b) If the Secretary lacks adequate funds necessary for the cost assistance awards required by subsection (a) of this section, the Secretary shall appear before the Emergency Board, as soon as possible, and shall request that necessary funds be provided. If the Emergency Board fails to provide adequate funds, the design and construction requirements for waste storage facilities under subsection 4815(b) of this title and the RAPs for groundwater, as they relate to a waste storage facility, shall be suspended for a farm with a waste storage facility subject to the requirements of subsection 4815(b) of this title until adequate funding becomes available. Suspension of the design and construction requirements of subsection 4815(b) of this title does not relieve an owner or operator of a farm permitted under section 4858 or 4851 of this title from the remaining requirements of the owner's or operator's permit, including discharge standards, groundwater protection, nutrient management planning, and land application of manure. This subsection does not apply to farms permitted under 10 V.S.A. § 1263.

(c) The owner or operator of a farm with a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for the costs of complying with the U.S. Department of Agriculture Natural Resources Conservation Service requirements for inspection of a waste storage facility. Such grants shall not exceed 90 percent of the cost of the inspection of the waste storage facility. Application for a State assistance grant shall be made in the manner prescribed by the Secretary.
6 V.S.A. § 917 — VT Code / Title 6 / Chapter 81 / Section 917
§ 917. Uniformity between State requirements and federal regulations
Status: in_force

In order to avoid confusion, endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, and to avoid increased costs to the people of this State due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such poisons. To this end, the Secretary is authorized to adopt rules, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed by the U.S. Environmental Protection Agency with respect to economic poisons.
6 V.S.A. § 3303 — VT Code / Title 6 / Chapter 204 / Section 3303
§ 3303. Purposes
Status: in_force

It is the objective of this chapter to provide for meat and poultry products inspection programs that will impose and enforce requirements with respect to intrastate operations and commerce that are at least equal to those imposed and enforced under the Federal Meat Inspection Act and the federal Poultry Products Inspection Act with respect to operations and transactions in interstate commerce. In addition, it is the further objective of this chapter to provide for licensing, and periodic review of establishments, such as retail vendors, custom licensed establishments, and wholesale distributors, which are not subject to traditional inspection under the Federal Meat Inspection Act and the federal Poultry Products Inspection Act. In this way, the public will be better protected from uninspected, adulterated, unwholesome, mislabeled, or otherwise illegal meat and poultry products. The Secretary is directed to administer this chapter so as to accomplish these purposes. The Agency of Agriculture, Food and Markets is designated as the appropriate State agency to cooperate with the Secretary of Agriculture of the United States and to administer this chapter.
6 V.S.A. § 4605 — VT Code / Title 6 / Chapter 207 / Section 4605
§ 4605. Vermont Working Lands Enterprise Fund
Status: in_force

There is created a special fund in the State Treasury to be known as the “Vermont Working Lands Enterprise Fund.” Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5:

(1) The Fund shall be administered and the monies in the Fund shall be expended by the Vermont Working Lands Enterprise Board created in section 4606 of this title.

(2) The Fund shall be composed of monies from time to time appropriated to the Fund by the General Assembly or received from any other source, private or public, approved by the Board, and unexpended balances and any earnings shall remain in the Fund from year to year.

(3) The Board shall make expenditures from the Fund consistent with the duties and authority of the Board established by section 4607 of this title.
6 V.S.A. § 568 — VT Code / Title 6 / Chapter 34 / Section 568
§ 568. Test results; enforcement
Status: repealed

(a) When notified of a hemp crop, hemp product, or hemp-infused product that has a delta-9 tetrahydrocannabinol concentration exceeding the applicable federally defined tetrahydrocannabinol concentration level of hemp, the person registered with the Secretary as growing or processing the hemp shall arrange for disposal, remediation, or destruction of the hemp crop, hemp product, or hemp-infused product in a manner consistent with applicable State and federal law.

(b) To enforce the provisions of this chapter, the Secretary, upon presenting appropriate credentials, may conduct one or more of the following:

(1) Enter upon any premises where hemp is grown or processed and inspect premises, machinery, equipment and facilities, any crop during any growth phase, or any hemp product or hemp-infused product during processing or storage. Inspection under this section may include the taking of samples, inspection of records, and inspection of equipment or vehicles used in the growing, processing, or transport of hemp crops, hemp products, or hemp-infused products.

(2) Inspect any retail location offering hemp products or hemp-infused products. Inspection under this section may include the taking of samples of such products.

(3) Issue and enforce a written or printed “stop sale” order to the owner or custodian of any hemp crop, hemp product, or hemp-infused product subject to the requirements of this chapter or rules adopted under this chapter that the Secretary finds is in violation of any of the provisions of this chapter or rules adopted under this chapter. An order may prohibit further sale, processing, and movement of the hemp crop, hemp product, or hemp-infused product until the Secretary has approved and issued a release from the “stop sale” order.

(A) This order should include the reason for being issued, a description of the crops or products at issue, instructions to separate all crops or products subject to the order, and any recommended measures to remedy the basis or bases for the order.

(B) A person issued a “stop sale” order may appeal that order to the Secretary within 15 days after receipt. The person shall file any appeal by serving a letter on the Secretary, which shall state all grounds for the appeal and identify the crops or products affected by the appeal.

(c) [Repealed.]
6 V.S.A. § 4028 — VT Code / Title 6 / Chapter 206 / Section 4028
§ 4028. Access to records; nursery stock
Status: in_force

A nursery dealer or nursery grower engaged in the sale, distribution, or installation of nursery stock shall:

(1) provide access for inspection by the Secretary of all nursery stock;

(2) follow appropriate practices so that an adequate inspection of the nursery can be made; and

(3) maintain for one year records of plant purchases, acquisitions, sales, or other distributions and make the records available upon request to the Secretary for inspection.
6 V.S.A. § 10 — VT Code / Title 6 / Chapter 1 / Section 10
§ 10. Special funds
Status: in_force

Fees, assessments, and reimbursements of costs collected by the Agency of Agriculture, Food and Markets under the provisions of this title shall be credited to special funds and shall be available to the Agency to offset the costs of providing the service.
6 V.S.A. § 254 — VT Code / Title 6 / Chapter 24 / Section 254
§ 254. Authority of the Secretary
Status: in_force

(a) The Secretary shall conduct any referenda held under this chapter and shall be the final arbiter of referenda results. He or she shall be responsible for the administration of any marketing rules, provided that funding is available.

(b) The Secretary, with the prior approval of the Board or commission at the time of the first filing under 3 V.S.A. chapter 25, may make and adopt such rules as may be necessary to effectuate the provisions and intent of this chapter and to enforce the provision of any marketing rule, all of which shall have the effect of law. No other approval of the Board or commission shall be necessary with respect to the adoption of rules. Rulemaking shall be commenced only after approval in a referendum by the affected producers.

(c) The Secretary shall prepare a budget, subject to the approval of the applicable board or commission, for the administration and operating costs and expenses, including advertising and sales promotion or other programs and research when required in any marketing rule, and to provide for the collection of necessary fees to defray costs and expenses. The budget shall provide that the Agency of Agriculture, Food and Markets be reimbursed for its actual costs of administering the program, but the reimbursement shall not exceed five percent of the total funds collected under the marketing rule.

(d) The Secretary may institute an action as may appear necessary to enforce compliance with any provision of this chapter. The application may be made to the Superior Court in the county in which the producer resides or has his or her place of business.

(e) The Secretary may bring a civil action against any producer who is delinquent in making payments required by a marketing rule. In connection with the civil action, the Secretary may seek and enforce a writ of attachment against property of the delinquent producer.

(f) All information required by a marketing order shall be provided in an accurate and timely manner. Any person who knowingly provides false or incomplete information to the Apple Marketing Board or to a commodity marketing board shall be subject to the provisions of 13 V.S.A. § 3016, regardless of whether there was an intent to defraud.

(g) The Secretary may inspect the records of any person who produces a commodity that is the subject of a marketing rule in order to determine whether that person is subject to the marketing rule. He or she may also audit the financial records of producers subject to a marketing rule. The Secretary shall have the authority to issue subpoenas to producers, handlers, processors, and distributors to gain information necessary to carry out the purposes of a marketing order.

(h) All production data and financial information relating to an individual producer shall be kept confidential by the Secretary and the Apple Marketing Board, or commodity marketing board, except for use in a collection action and for other law enforcement purposes. Compilations of data relative to groups of individuals may be made public.
6 V.S.A. § 569 — VT Code / Title 6 / Chapter 34 / Section 569
§ 569. Administrative penalties
Status: in_force

(a) Except for violations set forth under subsection (b) of this section, the Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation, for any violation of this chapter or rules adopted under this chapter, including:

(1) failure to provide the location of the land on which the grower grows hemp crops or the processor processes hemp crops into hemp products or hemp-infused products; or

(2) failing to obtain a registration in accordance with section 570 of this title.

(b) The Secretary may assess an administrative penalty, not to exceed $5,000.00 per violation in any case in which the Secretary determines that a grower or processor:

(1) failed to follow a corrective action plan to correct a negligent violation;

(2) has grown or processed hemp in violation of the requirements of this chapter or the rules adopted under this chapter three times in a five-year period; or

(3) has produced hemp in violation of the requirements of this chapter or the rules adopted under this chapter with a culpable mental state greater than negligence.

(c) In determining the amount of the penalty assessed under this section, the Secretary may give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the person alleged to be in violation, and the overall compliance history of the person alleged to be in violation.

(d) The Secretary shall use the following procedure in assessing penalties:

(1) The Secretary shall issue a written notice of violation setting forth facts that would establish probable cause that a violation of this chapter or the rules adopted under this chapter has occurred.

(2) The notice required under subdivision (1) of this subsection shall comply with all of the following:

(A) The notice shall be served by personal service or by certified mail, return receipt requested.

(B) The notice shall advise the recipient of the right to a hearing. If a hearing is requested, the hearing shall be conducted pursuant to 3 V.S.A. chapter 25.

(C) The notice shall state the proposed penalty and shall advise the recipient that, if no hearing is requested, the decision of the Secretary shall become final and a penalty shall be imposed.

(D) The notice shall advise the recipient that they shall have 15 days from the date on which notice is received to request a hearing.

(e) Any party aggrieved by a final decision of the Secretary may appeal to a Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court.
6 V.S.A. § 2853 — VT Code / Title 6 / Chapter 155 / Section 2853
§ 2853. Minimum standards
Status: in_force

The minimum standards of strength, quality, purity, and identity as to certain frozen dairy products shall be as stated by this chapter. However, the provisions of this chapter as relate to type or content of sweetening agent shall not apply to frozen dairy products manufactured for sale to diabetic persons. The Secretary shall regulate the labeling of frozen dairy products manufactured for sale to diabetic persons.
6 V.S.A. § 2922 — VT Code / Title 6 / Chapter 161 / Section 2922
§ 2922. Vermont Milk Commission; membership
Status: in_force

There shall be a Vermont Milk Commission, to consist of nine members, one member of which shall be the Secretary of Agriculture, Food and Markets. The Secretary shall be Chair of the Commission and serve without compensation. A quorum shall be a majority of the Commission. The Commission shall act only by an affirmative vote of at least six members. The remaining Commission members shall serve for terms of three years, except for the legislative members who shall serve for the term of their election, and be chosen as follows:

(1) Each dairy farmer cooperative, and each proprietary handler purchasing milk from independent farmers, doing business in the State and registered with the Secretary of State's office shall submit the name of a Vermont dairy farmer with knowledge of the production and marketing of dairy products to the Vermont Dairy Industry Association. The Board of Directors of the Association shall submit the names of four of these persons to the Governor, who shall appoint two Commission members from the list submitted. The initial appointment of one of these members shall be for a term of two years.

(2) Each milk handler doing business in the State and registered with the Secretary of State's office shall submit the name of one such handler with knowledge and experience in the marketing of dairy products to the Vermont Dairy Industry Association. The Board of Directors of the Association shall submit three names to the Governor, who shall choose one Commission member from the list provided. In compiling the lists under subdivisions (1) and (2) of this section, the Board shall consider whether the persons chosen sell their milk to or are handlers who purchase a substantial percentage of their milk from Vermont producers and utilize the milk purchased in the most advantageous manner possible.

(3) Two members representing milk consumers and having no pecuniary interest in the sale of milk or milk products shall be chosen by the Governor. The initial appointment of one of these members shall be for a term of one year.

(4) One dairy farmer, chosen directly by the Governor, who does not serve on the Board of Directors of any organization that handles or processes dairy products, nor is an officer of any organized farm organization in the State.

(5) One member from the House Committee on Agriculture, Food Resiliency, and Forestry chosen by the Speaker and one member from the Senate Committee on Agriculture chosen by the President Pro Tempore of the Senate. For attendance at a meeting when the General Assembly is not in session, these two legislative members shall be entitled to the same per diem compensation and reimbursement of necessary expenses as provided members of standing committees under 2 V.S.A. § 23.
6 V.S.A. § 554 — VT Code / Title 6 / Chapter 33 / Section 554
§ 554. Exemptions
Status: in_force

(a) Nothing in this chapter shall be construed to prevent a grower from selling potatoes at his or her premises or storage, or delivering potatoes to a central packing house, processing plant, storage, or to a retailer or consumer in quantity of five bushels or less in any calendar day without such marking, except that any potatoes displayed or offered for sale at the roadside must be marked with the proper grade.

(b) Properly tagged certified seed potatoes as defined by sections 611-618 of this title are exempted from the provisions of this chapter.
6 V.S.A. § 2971 — VT Code / Title 6 / Chapter 163 / Section 2971
§ 2971. Creation of Council
Status: in_force

(a) There is established within the Agency of Agriculture, Food and Markets the Vermont Dairy Promotion Council, which shall be composed of the Secretary of Agriculture, Food and Markets and the following: each milk cooperative with producers subject to the provision of the law with two percent or more of the total producers, shall be entitled to one member of the council plus one additional member for each 15 percent of the total milk subject to the provisions of this section.

(b) The milk cooperatives shall provide the Secretary of Agriculture, Food and Markets with two nominees for each entitlement of whom one shall be appointed by the Secretary. The second nominee shall become an alternate to serve in the absence of the appointee. The Secretary of Agriculture, Food and Markets shall appoint three producer members to the council and one alternate to serve in the absence of any one of these three members to represent those producers not members of a milk cooperative and those cooperatives not eligible under the terms of this section, and one distributor representative, after seeking the advice of producer associations, distributor associations, and individual producers and distributors within the State. During the month of February, six members shall be appointed for a one-year term and the balance for a two-year term. Thereafter one-half of the members shall be appointed annually. The council shall serve at the discretion of the Secretary. A milk producer who is serving on the Vermont dairy promotion council shall not be a member of the Agency disbursing the funds. The appointive members shall each receive $75.00 per day for each day spent in actual attendance at meetings of the council, but not exceeding a total compensation of $750.00 per annum for each member, and they also shall receive their actual necessary expenses and mileage while attending to their duties. The Secretary shall serve as chair of the Council and administer and enforce the provisions of this chapter.
6 V.S.A. § 3134 — VT Code / Title 6 / Chapter 201 / Section 3134
§ 3134. Penalty
Status: in_force

A person who violates section 3132 of this title shall be guilty of a misdemeanor and shall be fined upon conviction not more than $1,000.00 for the first violation, not more than $5,000.00 for the second violation, and not more than $10,000.00 per violation for the third and any subsequent violations, or imprisoned not more than two years, or both. In addition to the penalties provided in this section, the Secretary may seek an injunction against a slaughterer, packer, or stockyard operator who engages in practices that are prohibited by section 3132 of this title, by application to the Superior Court for the county in which such slaughterer, packer, or stockyard operator resides, or where such violations occur. The Secretary may refer a violation of section 3132 of this title to the Attorney General or the State's Attorney for criminal prosecution. The Secretary may also take any action authorized under chapter 1 of this title.
6 V.S.A. § 202 — VT Code / Title 6 / Chapter 22 / Section 202
§ 202. Penalty
Status: in_force

Each day the provisions of this chapter are violated shall constitute a separate civil offense. Anyone found in violation of this chapter shall be fined not more than $500.00.
6 V.S.A. § 642 — VT Code / Title 6 / Chapter 35 / Section 642
§ 642. Duties and authority of the Secretary
Status: repealed

(a) The Secretary shall enforce and carry out the provisions of this subchapter, including:

(1) Sampling, inspecting, making analysis of, and testing seeds subject to the provisions of this subchapter that are transported, sold, or offered or exposed for sale within the State for sowing purposes. The Secretary shall notify promptly a person who sells, offers, or exposes seeds for sale and, if appropriate, the person who labels or transports seeds of any violation and seizure of the seeds or order to cease sale of the seeds under section 643 of this title.

(2) Making or providing for purity and germination tests of seed for farmers and dealers on request and to fix and collect charges for the tests made.

(3) Cooperating with the U.S. Department of Agriculture and other agencies in seed law enforcement.

(4) Prior to sale, distribution, or use of a new genetically engineered seed in the State and after consultation with the Agricultural Innovation Board under section 4964 of this title, review the traits of the new genetically engineered seed. The Secretary may prohibit, restrict, condition, or limit the sale, distribution, or use of the seed in the State when determined necessary to prevent an adverse effect on agriculture in the State.

(b) The Secretary shall establish rules to carry out the provisions of this subchapter, including those governing the methods of sampling, inspecting, analyzing, testing, and examining seeds and reasonable standards for seed.

(c) [Repealed.]
6 V.S.A. § 2703 — VT Code / Title 6 / Chapter 151 / Section 2703
§ 2703. Grading services
Status: in_force

The Secretary is authorized to cooperate with the federal government in furnishing inspection or grading service for dairy products to milk handlers and other persons. The Secretary shall establish uniform fees for this service.
6 V.S.A. § 1183 — VT Code / Title 6 / Chapter 102 / Section 1183
§ 1183. Disposition of reactors
Status: in_force

(a) Any equine animal identified as a reactor through testing as provided in subsections 1182(a) and (b) of this title shall be humanely destroyed within seven days of the second test. The destruction of the animal shall be by a licensed veterinarian and shall be observed by the Secretary or an agent of the U.S. Department of Agriculture.

(b) Notwithstanding the provisions of subsection (a) of this section, a reactor may be transported to an approved slaughterhouse or research facility where authorized by written permission of the Secretary. In granting permission, the Secretary may specify the conditions under which the animal shall be quarantined, transported, and destroyed.

(c) Any licensed veterinarian who destroys any equine animal in accordance with the provisions of this section shall immediately report the destruction of the animal to the Secretary.

(d) As an alternative to the destruction of animals under the provisions of subsections (a) and (b) of this section, reactors may be isolated permanently under quarantine from all other equine animals and shall be conspicuously freezebranded with the letters “EIA.” In no case shall this action be delayed for more than two weeks. The quarantine shall apply to all equine animals on the premises where the reactor is located and shall remain in effect until the reactor is destroyed or isolated under quarantine and the remaining equine animals are tested and found to be negative.

(e) The provisions of this section shall be implemented by rule of the Secretary.
6 V.S.A. § 484 — VT Code / Title 6 / Chapter 32 / Section 484
§ 484. Records; inspection
Status: in_force

(a) The Secretary may, by rule, require all licensed dealers or processors to maintain specific records for the purchase and sale of maple products. Those records shall be kept in a full and accurate manner and shall be made available to the Secretary or his or her inspector upon request. The Secretary shall use those records only for purposes of administering this chapter, or for other law enforcement purposes, and shall otherwise keep them confidential.

(b) The Secretary or the Secretary's inspector may enter upon the premises of a licensed dealer or processor, at reasonable times, for purposes of inspecting the premises, records, equipment, and inventory in a reasonable manner to determine whether the provisions of this chapter and the rules adopted under this chapter are being observed. If entry is refused, the Secretary may apply to a Superior Court judge for an administrative search warrant.
6 V.S.A. § 1822 — VT Code / Title 6 / Chapter 141 / Section 1822
§ 1822. Severability
Status: in_force

If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact.
6 V.S.A. § 63 — VT Code / Title 6 / Chapter 3 / Section 63
§ 63. Compilation of abstracts; forms; expenses
Status: in_force

On or before July 1, the town clerk shall forward such abstracts to the Secretary of Agriculture, Food and Markets, who shall have the abstracts for the entire State compiled and shall make such information available for the newspapers and people of the State. The Secretary shall furnish listers and town clerks with suitable forms in triplicate for collecting such information and returning such abstracts. The expenses of the Secretary incurred under this section shall be paid from the monies annually available for the use of the Agency of Agriculture, Food and Markets.
6 V.S.A. § 2882 — VT Code / Title 6 / Chapter 157 / Section 2882
§ 2882. Exemptions from filing bond
Status: in_force

(a) A milk cooperative or a nonprofit cooperative association organized under Vermont law or similar laws in other states shall not be required to furnish surety as provided in section 2881 of this title for payments made to a milk cooperative or to a producer who is a member of a milk cooperative.

(b) A handler who does not purchase milk from Vermont producers or milk cooperatives either directly or through a marketing service owned by one or more cooperatives shall not be required to furnish surety as provided under section 2881 of this title.

(c) A handler who pays for milk in advance or at the time of delivery shall not be required to furnish surety as provided under section 2881 of this title. Every producer, or milk cooperative either directly or through a marketing service owned by the cooperatives, selling milk to handlers who pay for milk in advance or at the time of delivery shall, on July 1 of each year, notify the Secretary in writing of the identity of each handler and shall promptly notify the Secretary in writing of any changes to the most recent notification.

(d) A handler who purchases fewer than 150,000 pounds of milk per month from a milk cooperative, either directly or through a marketing service owned by one or more cooperatives, shall not be required to furnish surety as provided under section 2881 of this title.
6 V.S.A. § 618 — VT Code / Title 6 / Chapter 35 / Section 618
§ 618. Penalty
Status: in_force

A person who by himself or herself or his or her agent uses a certificate, issued by the Secretary, for the purpose of fraudulently selling potatoes or seeds that in fact are not qualified for sale under such certificate or who knowingly uses a certification tag, issued by the Secretary, on a package the contents of which have not been passed for certification under the provisions of this subchapter shall be fined not more than $200.00 for each offense.
6 V.S.A. § 2752 — VT Code / Title 6 / Chapter 151 / Section 2752
§ 2752. Refusal to purchase; hearing; Secretary's order
Status: in_force

(a) A handler doing business in this State who has a contract either verbal or written with a producer residing in this State for the purchase of the producer's dairy products shall not refuse to purchase them from the producer except for violations of the sanitary rules or standards applicable to the market in which the dairy product is sold or marketed, without being deemed guilty of unfair discrimination. In the event that the refusal is to be based upon reasons of oversupply or other reasonable grounds, the refusal shall not become operative until the purchaser has given the producer at least 90 days' notice of intention to refuse the producer's product on these grounds, which shall be particularly set forth in writing so that the producer may be fully appraised of the refusal.

(b) If the producer desires to question the existence or validity of such grounds of refusal, he or she may do so within 90 days after receiving the notice or refusal by requesting the Secretary of Agriculture, Food and Markets for a hearing, and the Secretary is hereby given jurisdiction to hear and determine the question. The producer shall make complaints of such contemplated refusal in writing to the Secretary, setting forth the substance of the refusal notice and requesting to be heard thereon. The Secretary shall then notify both the producer and the purchaser in writing, sent to them by registered mail, of the time and place of hearing thereon. The time of the hearing shall not be less than 10 nor more than 30 days from the date of the notice. Hearing shall be informal. Both parties shall have an opportunity to produce evidence.

(c) The decision of the Secretary as to whether or not the grounds relied upon by the purchaser are reasonable in fact shall be final. Either party shall have the right to appeal any question of law to the Superior Court where the producer resides. If the Secretary, or the Superior Court on appeal, does not sustain the action of the purchaser, the purchaser shall be deemed guilty of unfair discrimination.

(d) If a request for a hearing is made by a purchaser, refusal of the purchaser shall not become operative until hearing and decision in the purchaser's favor by the Secretary.

(e) A contract shall exist between the producer and the purchaser when the purchaser receives the producer's dairy product regularly and pays the producer the going price for the product.
6 V.S.A. § 1033 — VT Code / Title 6 / Chapter 84 / Section 1033
§ 1033. Detection and abundance surveys; eradication and suppression
Status: in_force

The Secretary may conduct detection and abundance surveys for plant pests of an injurious nature that may be present in the State to determine the necessity for establishing control practices. When the Secretary determines that a new injurious plant pest exists within the State or that an established pest requires control and the nature of the pest dictates immediate action, he or she may proceed with a plan of eradication or suppression.
6 V.S.A. § 1106 — VT Code / Title 6 / Chapter 87 / Section 1106
§ 1106. Financial responsibility
Status: in_force

The Secretary may require from a licensee or an applicant for a license under this chapter evidence of his or her financial ability to properly indemnify persons suffering damage from the use or application of economic poison, in the form of a surety bond, liability insurance, or cash deposit of at least $1,000,000.00, but this section shall neither restrict nor enlarge the liability of any person under applicable laws.
6 V.S.A. § 3030 — VT Code / Title 6 / Chapter 172 / Section 3030
§ 3030. Rules
Status: in_force

The Secretary may adopt and enforce rules to implement the requirements of this chapter, including rules regarding:

(1) inspection, disinfection, seizure, destruction, or other disposition of bees, equipment, or bee products capable of carrying or transmitting any disease;

(2) importation of bees, equipment, or bee products capable of carrying or transmitting any disease; or

(3) registration and reporting by persons owning bees, an apiary, a colony, or a hive.
6 V.S.A. § 1816 — VT Code / Title 6 / Chapter 141 / Section 1816
§ 1816. Subpoena, hearings, and judicial review
Status: in_force

(a) The Commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.

(b) Any handler subject to an order may file a written petition with the Commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He or she shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Commission. After such hearing, the Commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.

(c) The district courts of the United States in any district in which such handler is an inhabitant, or has his or her principal place of business, are hereby vested with jurisdiction in equity to review such ruling, provided a bill in equity for that purpose is filed within 30 days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Commission by delivering to it a copy of the bill of complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the Commission from obtaining relief pursuant to section 1818 of this compact. Any proceedings brought pursuant to section 1818 (except where brought by way of counterclaim in proceedings instituted pursuant to this section) shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section.
6 V.S.A. § 2672 — VT Code / Title 6 / Chapter 151 / Section 2672
§ 2672. Definitions
Status: in_force

As used in this chapter:

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

(2) “Milk producer” or “producer” is a person, partnership, unincorporated association, or corporation who owns or controls one or more cows, dairy goats, dairy sheep, or water buffalo and sells or offers for sale a part or all of the milk produced by the animals.

(3) “Dairy farm” is any place or premises where one or more cows, dairy goats, dairy sheep, or water buffalo are kept and where a part or all of the milk from the animals is sold or offered for sale.

(4) “Milk plant” is any place, premises, or establishment where milk or dairy products are collected, assembled, handled, processed, stored, pasteurized, packaged, or prepared for distribution.

(5) “Milk handler” or “handler” is a person, firm, unincorporated association, or corporation engaged in the business of buying, selling, assembling, packaging, storing, or processing milk or other dairy products for sale within the State of Vermont or outside the State. “Milk handler” or “handler” does not mean a milk producer.

(6) “Milk handler license” is a license issued by the Secretary that authorizes the licensee to carry on the business of a milk handler.

(7) “Milk,” unless preceded or succeeded by an explanatory term, means the pure lacteal secretion of dairy cattle. Milk from other dairy livestock listed in this subdivision shall be preceded by the common name for the type of livestock that produced the milk. Such milk may be standardized by the addition of pure, fresh skim milk or cream as defined by regulation.

(A) “Cows' milk” is the colostrum-free, pure, lacteal product of healthy cattle that contains not less than 11.50 percent of total milk solids (to which nothing has been added or taken away). Cows' milk sold in retail packages shall contain not less than 3.25 percent milk fat and not less than 8.25 percent nonfat milk solids.

(B) “Goats' milk” is the colostrum-free, pure, lacteal product of healthy goats that contains not less than 10 percent of total milk solids (to which nothing has been added or taken away). Goats' milk sold in retail packages shall contain not less than 2.5 percent milk fat and not less than 7.5 percent nonfat milk solids.

(C) “Sheep's milk” is the colostrum-free, pure, lacteal product of healthy sheep that contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).

(D) “Water buffalo's milk” is the colostrum-free, pure, lacteal product of healthy water buffalo that contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).

(8) “Retail package of dairy product” is a package to be sold to a consumer.

(9) “Dairy product” is milk, or a product derived from milk,that conforms to the appropriate legal standard or definition for the specific product as defined in this part and rules adopted under this part.

(10) “Fluid dairy products” are milk and fluid dairy products derived from milk, including cultured products, as defined by regulations adopted by federal entities and published in the Code of Federal Regulations.

(11) “Licensed technician” is a person who has demonstrated by appropriate tests, to the satisfaction of the Secretary, that he or she has the skill, experience, ability, and integrity to perform tests that are used as a basis for payment or acceptance of dairy products, and who holds one or more licenses issued by the Secretary authorizing the person to carry on one or more of these activities.

(12) “Approved dairy laboratory” is any place or premises that has been inspected and approved by the Secretary, or those premises outside Vermont approved and listed by the National Conference on Interstate Milk Shipments in accordance with the most recent evaluation of milk laboratories as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, where tests are made on milk or dairy products to determine the quality or acceptance of the products. The laboratory shall meet recommendations as set forth in the latest edition of APHA “standard methods for the examination of dairy products.” The Secretary may terminate approval for cause.

(13) “Adulteration” means an adulterated dairy product containing noxious, unwholesome, or deleterious material, preservative, drugs, or chemical in a quantity injurious to health; or that does not conform to the definition of the product; or that is not produced, processed, or distributed according to the provisions of this part.

(14) “Commission” means the Vermont Milk Commission as constituted in section 2922 of this title.

(15) “Charitable use” means the distribution of milk among persons with low income without charge or compensation .

(16) “Distributor” means any person who sells milk to consumers within the State, except those who sell milk for consumption on the premises.

(17) “Market” means any area designated by the Board as a natural marketing area.

(18) “School lunch milk” means milk sold, offered for sale, or distributed at school buildings, grounds, or other places used for school purposes.

(19) “Person” means individuals, corporations, partnerships, trusts, associations, cooperatives, and any and all other business units or entities.

(20) “Additional definitions.” The Secretary may (after due notice and public hearing), in accordance with 3 V.S.A. chapter 25, adopt, amend, or rescind definitions of other dairy products, including modified milk, dairy processes, and rules relating to specially trained personnel.

(21) “Drug” or “drugs” means:

(A) articles recognized in the official U.S. Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or official National Formulary, or its supplement;

(B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(C) articles (other than food) intended to affect the structure or any function of the body of humans or other animals; and

(D) articles intended for use as a component of any articles specified in subdivision (A), (B), or (C) of this subdivision (21), but not including devices or their components, parts, or accessories.

(22) Definitions and standards of milk products not defined in this section shall be those established by federal agencies and published in the Code of Federal Regulations.

(23) “Vermont fresh milk” means milk consisting entirely of fresh milk produced in Vermont.

(24) “Northeastern fresh milk” means milk consisting entirely of fresh milk produced in Delaware, Maryland, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, or Maine.

(25) “National Conference on Interstate Milk Shipments” means the national nonprofit organization of that same name, or its successor in interest, that deliberates and votes on proposals submitted by individuals from state or local regulatory agencies, the U.S. Food and Drug Administration, the U.S. Department of Agriculture, producers, processors, and consumers who have an interest in the safety of dairy products.
6 V.S.A. § 2926 — VT Code / Title 6 / Chapter 161 / Section 2926
§ 2926. Classes and grades
Status: in_force

The Commission may accept established and defined classes and grades of fluid dairy products or may establish classes and grades. It shall specify to what classes or grades the prices fixed under section 2925 of this title shall apply.
6 V.S.A. § 32 — VT Code / Title 6 / Chapter 2 / Section 32
§ 32. Duties of the Secretary of Agriculture, Food and Markets
Status: in_force

(a) The Secretary of Agriculture, Food and Markets shall develop by rule, with the advice and consent of the Housing and Conservation Board:

(1) a program for selecting and recommending to the Housing and Conservation Board agricultural land development rights suitable for acquisition by the State; and

(2) criteria to be used by the Board in reviewing the Secretary's recommendations for acquisition.

(b) The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated or identified in a land evaluation and site assessment system pursuant to 24 V.S.A. § 4345a(5)(E) for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.

(c) The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.

(d) The Secretary shall report to the General Assembly not later than January 15, 1989 concerning the progress of the program.
6 V.S.A. § 14 — VT Code / Title 6 / Chapter 1 / Section 14
§ 14. Acceptance of gifts of real property
Status: in_force

The Secretary, with the approval of the Governor, may accept gifts of the rights and interests in real property in the manner provided by 10 V.S.A. chapter 155. Rights or interests in real property acquired by the Secretary through transactions funded in whole or in part by the Vermont Housing and Conservation Board are deemed as accepted by the Governor.
6 V.S.A. § 857 — VT Code / Title 6 / Chapter 66 / Section 857
§ 857. Enforcement; administrative orders
Status: in_force

(a) Notwithstanding the requirements of section 856 of this title, the Secretary at any time may pursue one or more of the following:

(1) issue a cease and desist order to a person the Secretary believes to be in violation of the rules listed in section 852 of this title;

(2) issue a verbal order or written administrative order to protect public health, including orders for the stop sale, recall, embargo, destruction, quarantine, and release of produce, when:

(A) the U.S. Food and Drug Administration requires immediate State action; or

(B) an alleged violation, activity, or farm practice presents an immediate threat to the public health or welfare;

(3) order mandatory corrective actions;

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

(5) 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 a cease and desist order, written administrative order, or required corrective action under subsection (a) of this section, the Secretary shall provide the person subject to the order or corrective action with a statement that the order or corrective action is effective upon receipt and the person has 15 days from the date the order or corrective action was issued to request a hearing.

(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 days of the issuance of the verbal order. The written notice shall include a statement that the person has 15 days from the date the written notice was received to request a hearing.

(d) If a person who receives a cease and desist order, a verbal order, an administrative order, or a mandatory corrective action under this section does not request in writing a hearing within 15 days of receipt of the order or within 15 days of written notice for a verbal order, the person's right to a hearing is waived. Upon receipt of a written request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order, verbal order, or administrative order issued under this section shall not stay the order.

(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 final decision of the Secretary.
6 V.S.A. § 2985 — VT Code / Title 6 / Chapter 163 / Section 2985
§ 2985. Transactions outside Vermont
Status: in_force

Any transaction between a producer and a handler relating to milk or dairy products produced in Vermont is subject to the operation of this chapter whether a contract or sale is set forth or claimed to be entered into, or to have been entered into, outside Vermont.
6 V.S.A. § 556 — VT Code / Title 6 / Chapter 33 / Section 556
§ 556. Enforcement; rules
Status: in_force

The Secretary of Agriculture, Food and Markets shall diligently enforce all of the provisions of this chapter. The Secretary, either in person or by a duly authorized representative, shall have free access, ingress, and egress during business hours to any place or any building where potatoes are packed, stored, transported, sold, offered, or exposed for sale or for transportation. The Secretary may also, in person or by duly authorized representative, open any box, barrel, or other container, and examine the contents thereof, and may, upon tendering the market price, take samples from the contents of the box, barrel, or other container. The Secretary shall make and publish uniform rules for carrying out the provisions of this chapter.
6 V.S.A. § 4719 — VT Code / Title 6 / Chapter 211 / Section 4719
§ 4719. Purpose and State goal
Status: in_force

(a) Purpose. It is the purpose of this chapter to establish a farm-to-school program to:

(1) encourage Vermont residents in developing healthy and lifelong habits of eating nutritious local foods;

(2) maximize use by Vermont schools of fresh and locally grown, produced, or processed food;

(3) work with partners to establish a food, farm, and nutrition education program that educates Vermont students regarding healthy eating habits through the use of educational materials, classes, and hands-on techniques that inform students of the connections between farming and the foods that students consume;

(4) increase the size and stability of direct sales markets available to farmers; and

(5) increase participation of Vermont students in child nutrition programs by increasing the selection of available foods.

(b) State Farm-to-School Network goal. It is the goal of the Farm-to-School Program to establish a food system that by 2025:

(1) engages 75 percent of Vermont schools in an integrated food system education program that incorporates community-based learning; and

(2) purchases 50 percent of food from local or regional food sources.
6 V.S.A. § 683 — VT Code / Title 6 / Chapter 37 / Section 683
§ 683. Means of disclosure
Status: in_force

Persons subject to the requirements of section 682 of this title shall disclose the unit price and total price to consumers in one or more of the following appropriate ways:

(1) if the consumer commodity is so located that it is not conspicuously visible to the consumer, or if the consumer commodity is so located that the price information if displayed in accordance with subdivision (2) of this section would not be conspicuously visible to the consumer, by a sign or list bearing the price information, conspicuously placed near the point of procurement;

(2) by attachment of a stamp, tag, or label directly adjacent to the consumer commodity, on the shelf on which the commodity is displayed, or by stamping or affixing the price information on the commodity itself; or

(3) in accord with rules adopted by the Secretary.
6 V.S.A. § 375 — VT Code / Title 6 / Chapter 28 / Section 375
§ 375. Cancellation of registration
Status: in_force

The Secretary is authorized to cancel or suspend the registration of any fertilizer, beneficial substance, or lime or refuse a registration application if the provisions of this chapter or the rules adopted under this chapter have been violated, provided that no registration shall be revoked or refused without a hearing before the Secretary.
6 V.S.A. § 442 — VT Code / Title 6 / Chapter 30 / Section 442
§ 442. Administration; jurisdiction
Status: in_force

This chapter shall be administered by the Agency of Agriculture, Food and Markets in concurrent jurisdiction with other state and federal agencies and shall not alter or affect the powers of these agencies.
6 V.S.A. § 4991 — VT Code / Title 6 / Chapter 215 / Section 4991
§ 4991. Purpose
Status: in_force

The purpose of this subchapter is to provide the Secretary of Agriculture, Food and Markets with the necessary authority to enforce the agricultural water quality requirements of this chapter. When the Secretary of Agriculture, Food and Markets determines that a person subject to the requirements of the chapter is violating a requirement of this chapter, the Secretary shall respond to and require discontinuance of the violation. The Secretary may respond to a violation of the requirements of this chapter by:

(1) issuing a corrective action order under section 4992 of this title;

(2) issuing a cease and desist order under section 4993 of this title;

(3) issuing an emergency order under section 4993 of this title;

(4) revoking or conditioning coverage under a permit or certification under section 4994 of this title;

(5) bringing a civil enforcement action under section 4995 of this title;

(6) referring the violation to the Secretary of Natural Resources for enforcement under 10 V.S.A. chapter 201; or

(7) pursuing other action, such as consulting with a farmer, within the authority of the Secretary to ensure discontinuance of the violation and remediation of any harm caused by the violation.
6 V.S.A. § 911 — VT Code / Title 6 / Chapter 81 / Section 911
§ 911. Definitions
Status: in_force

As used in this chapter:

(1) “Active ingredient” means:

(A) in the case of an economic poison other than a plant regulator, defoliant, or desiccant, any ingredient that will prevent, destroy, or repel insects, nematodes, fungi, rodents, weeds, or other pests;

(B) in the case of plant regulators, any ingredient that will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of plants or the produce thereof;

(C) in the case of a defoliant, any ingredient that will cause the foliage to drop from a plant; or

(D) in the case of a desiccant, any ingredient that will artificially accelerate the drying of plant tissue.

(2) “Adulterated” shall apply to any economic poison if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.

(3) “Antidote” means the most practical immediate treatment in case of poisoning and includes first aid treatment.

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

(5) “Economic poison” means:

(A) any substance produced, distributed, or used for preventing, destroying, or repelling any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, that the Secretary shall declare to be a pest; or

(B) any substance produced, distributed, or used as a plant regulator, defoliant, or desiccant.

(6) “Fungi” means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeast, and bacteria, except those on or in living humans or other animals.

(7) “Fungicide” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi.

(8) “Herbicide” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.

(9) “Inert ingredient” means an ingredient that is not an active ingredient.

(10) “Ingredient statement” means:

(A) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the economic poison.

(B) A statement of the name of each active ingredient, together with the name of each and total percentage of the inert ingredients, if any there be, in the economic poison. However, if the preparation is highly toxic to humans (determined as provided in section 913 of this title), subdivision (A) of this subdivision (10) shall apply.

(C) A statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic, to be made in addition to the statement required by subdivision (A) or (B) of this subdivision (10), in case the economic poison contains arsenic.

(11) “Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.

(12) “Insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects that may be present in any environment whatsoever.

(13) “Label” means the written, printed, or graphic matter on, or attached to, the economic poison, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison.

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

(A) upon the economic poison or any of its containers or wrappers;

(B) accompanying the economic poison at any time; or

(C) to which reference is made on the label or in literature accompanying the economic poison, except when accurate, nonmisleading reference is made to current official publications of the U.S. Department of Agriculture or of the Interior, the U.S. Public Health Service, state experiment stations, state agricultural colleges, or other similar federal institutions or official agencies of this State or other states authorized by law to conduct research in the field of economic poisons.

(15) “Misbranded” shall apply:

(A) To any economic poison if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients that is false or misleading in any particular.

(B) To any economic poison:

(i) if it is an imitation of or is offered for sale under the name of another economic poison;

(ii) if its labeling does not bear a U.S. Environmental Protection Agency registration number or a valid registration number issued by the Secretary under this chapter;

(iii) if the labeling accompanying it does not contain instructions for use that are necessary and, if complied with, adequate for the protection of the public;

(iv) if the label does not contain a warning or caution statement that may be necessary and, if complied with, adequate to prevent injury to living humans and the total environment;

(v) if the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statements on the immediate container cannot be clearly read, of the retail package that is presented or displayed under the customary conditions of purchase;

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

(vii) if in the case of an insecticide, nematocide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living humans or other vertebrate animals or vegetation, except weeds, to which it is applied; or

(viii) if in the case of a plant regulator, defoliant, or desiccant, when used as directed, it shall be injurious to living humans or other vertebrate animals or vegetation to which it is applied. Provided, that physical or physiological effects on plants or parts thereof shall not be considered to be injurious when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations.

(16) “Person” means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not.

(17) “Registrant” means the person registering any economic poison pursuant to the provisions of this chapter.

(18) “Rodenticide” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal that the Secretary shall declare to be a pest.

(19) “Weed” means any plant that grows where not wanted.

(20) “Nematocide” means any substance produced, distributed, or used for preventing, destroying, or repelling nematodes.

(21) “Plant regulator” means any substance produced, distributed, or used for the purposes of accelerating or retarding the rate of growth or rate of maturation, or otherwise altering the behavior of plants but shall not include substances produced, distributed, or used for plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

(22) “Defoliant” means any substance produced, distributed, or used for causing the foliage to drop from a plant, with or without causing abscission.

(23) “Desiccant” means any substance produced, distributed, or used for artificially accelerating the drying of plant tissues.

(24) “Nematode” means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plants parts. A nematode may also be called nemas or eelworms.

(25) “Agricultural seed” has the same meaning as in section 641 of this title.

(26) “Neonicotinoid pesticide” means any economic poison containing a chemical belonging to the neonicotinoid class of chemicals, including:

(A) imidacloprid;

(B) nithiazine;

(C) acetamiprid;

(D) clothianidin;

(E) dinotefuran;

(F) thiacloprid;

(G) thiamethoxam; and

(H) any other chemical designated by the Secretary by rule.

(27) “Treated article” or “treated article pesticide” shall have the same meaning as “treated article” in section 1101 of this title.

(28) “Treated article seed” means an agricultural seed, flower seed, or vegetable seed that is a treated article pesticide.

(29) “Second-generation anticoagulant rodenticide” means any rodenticide containing any one of the following active ingredients: brodifacoum, bromadiolone, difenacoum, or difethialone.
6 V.S.A. § 1034 — VT Code / Title 6 / Chapter 84 / Section 1034
§ 1034. Quarantines
Status: in_force

The Secretary may establish and maintain quarantines and adopt other orders and rules pursuant to 3 V.S.A. chapter 25 concerning the planting, exposing, sale, importation, and transportation of all plants and plant products and regulated articles capable of carrying plant pests of an injurious nature in any living stage within the State.
6 V.S.A. § 1801 — VT Code / Title 6 / Chapter 141 / Section 1801
§ 1801. Statement of purpose, findings, and declaration of policy
Status: in_force

(a) The purpose of this compact is to recognize by constitutional prerequisite the interstate character of the northeast dairy industry and to form an Interstate Commission for the northeast region. The mission of the Commission is to take such steps as are necessary to assure the continued viability of dairy farming in the northeast, and to assure consumers of an adequate, local supply of pure and wholesome milk.

(b) The participating states find and declare that the dairy industry is the paramount agricultural activity of the northeast. Dairy farms, and associated suppliers, marketers, processors, and retailers, are an integral component of the region's economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region.

(c) The participating states further find that dairy farms are essential to the region's rural communities and character. The farms preserve open spaces, sculpt the landscape, and provide the land base for a diversity of recreational pursuits. In defining the rural character of our communities and landscape, dairy farms also provide a major draw for our tourist industries.

(d) By entering into this compact, the participating states affirm that their ability to regulate the price which northeast dairy farmers receive for their product is essential to the public interest.

(e) Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the northeast dairy industry, with all the associated benefits.

(f) Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the northeast dairy region. Historically, individual state regulatory action has been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices for dairy products, without preempting the power of states to regulate milk prices above the minimum levels so established. Based on this authority, each state in the region has individually attempted to implement at least one regulatory program in response to the current dairy industry crisis.

(g) In today's regional dairy marketplace, cooperative rather than individual state action may address more effectively the market disarray. Under our constitutional system, properly authorized, states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution.

(h) In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle.

(i) Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the Interstate Commission is authorized to regulate the marketplace in replacement of the order system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in discontinuance of the order system.
6 V.S.A. § 4803 — VT Code / Title 6 / Chapter 215 / Section 4803
§ 4803. Agricultural Water Quality Special Fund
Status: in_force

(a) There is created the Agricultural Water Quality Special Fund to be administered by the Secretary of Agriculture, Food and Markets. Fees collected under this chapter, including fees for permits or certifications issued under the chapter, shall be deposited in the Fund.

(b) The Secretary may use monies deposited in the Fund for the Secretary's implementation and administration of agricultural water quality programs or requirements established by this chapter, including to pay salaries of Agency staff necessary to implement the programs and requirements of this chapter.

(c) Notwithstanding the requirements of 32 V.S.A. § 588(3), interest earned by the Fund shall be retained in the Fund from year to year.
6 V.S.A. § 1181 — VT Code / Title 6 / Chapter 102 / Section 1181
§ 1181. Certification required
Status: in_force

(a) Any equine animal imported into the State or transported through the State shall be accompanied by a Certificate of Veterinarian Inspection. The certificate shall state that the equine animal has been tested negative for equine infectious anemia (EIA) by an accredited veterinarian.

(b) Any equine animal purchased, sold, offered for sale, bartered, exchanged, or given away within the State, or imported for one of these purposes, shall be tested by an accredited veterinarian and certified as negative for equine infectious anemia in accordance with rules adopted by the Secretary as provided by subsection (f) of this section. A test for equine infectious anemia shall not be required when:

(1) the transfer of ownership is between the owner of the animal and his or her spouse, child, or sibling and where the animal is not moved to new premises; or

(2) the animal is consigned directly to slaughter.

(c) Whenever the Secretary has reason to believe that any equine animal has been exposed to equine infectious anemia and that the animal may pose a threat to other equine animals, the Secretary may require that the animal be tested for equine infectious anemia by an accredited veterinarian or by a State or federal veterinarian approved by the Secretary.

(d) The Secretary may require by rule that any equine animal transported to any fair, show, competition, or other gathering of equine animals be accompanied by a certificate that states that the equine animal has been tested and found negative for equine infectious anemia.

(e) The Secretary shall establish by rule the form and manner of required certifications and the periods of time within which testing and certification of equine animals shall be accomplished.

(f) The Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 for the purchase by a livestock dealer for resale or for slaughter of equine not known to be tested for equine infectious anemia, as authorized by subsection (b) of this section. The rules shall include specifications governing equine quarantine facilities, procedures for equine animals of unknown EIA status intended for resale to be retested, procedures for handling equine animals of unknown EIA status purchased for slaughter, and record-keeping requirements for livestock dealers.
6 V.S.A. § 617 — VT Code / Title 6 / Chapter 35 / Section 617
§ 617. Denial of use of certification service
Status: in_force

The Secretary shall also have authority to deny further use of the certification service to a person who, in the Secretary's judgment, has violated the provisions of this subchapter relating to certification of seeds and seed potatoes or rules adopted in accordance therewith. Failure upon the part of a grower or shipper of certified seed potatoes or of potatoes enrolled for certification or of other certified seeds to pay for inspections may be considered as a violation within the meaning of this section.
6 V.S.A. § 325 — VT Code / Title 6 / Chapter 26 / Section 325
§ 325. Labeling
Status: in_force

(a) A commercial feed or feed supplement, except a customer-formula feed, shall be accompanied by a label bearing the following information:

(1) the net weight;

(2) the product name and the brand name, if any, under which the commercial feed or feed supplement is distributed;

(3) the guaranteed analysis as required by rule in section 329 of this title;

(4) the common, usual name or collective term of each ingredient used in the manufacture of the commercial feed or feed supplement in descending order;

(5) the name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed or feed supplement;

(6) adequate directions for use for all commercial feeds or feed supplements containing drugs and for other feeds as the Secretary may require by rule as necessary for their safe and effective use; and

(7) precautionary statements required to ensure the safe and effective use of the commercial feed or feed supplement.

(b) A dosage form animal health product shall be accompanied by a label bearing the following information:

(1) the net weight or count;

(2) the product name and the brand name, if any, under which the dosage form animal health product is distributed;

(3) the established name of each active ingredient and the amount of active ingredient per serving in descending order;

(4) the established name of each inactive ingredient in alphabetical order or in descending order by predominance of the ingredient;

(5) the name, city, and town of the manufacturer or the person responsible for distributing the dosage form animal health product or an e-mail address for the manufacturer or distributor;

(6) adequate directions for use of the dosage form animal health product;

(7) precautionary statements and warnings required to ensure the safe and effective use of the dosage form animal health product; and

(8) structure-function claim stating the intended use of the dosage form animal health product.

(c) Customer-formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information:

(1) name and address of the manufacturer;

(2) name and address of the purchaser;

(3) date of delivery;

(4) the name of each commercial feed and each other ingredient used in the mixture;

(5) adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the Secretary may require by rule to ensure their safe and effective use;

(6) the direction for use and precautionary statements;

(7) when a drug-containing product is used:

(A) the purpose of the medication or a claim statement; and

(B) the established name of each active drug ingredient and the level of each drug used in the final mixture; and

(8) the guaranteed analysis as required by rule pursuant to section 329 of this title.

(d) For purposes of labeling customer-formula feeds, the guaranteed analysis is not required when:

(1) one or more of the ingredients are provided to the manufacturer by the final purchaser; or

(2) the manufacturer uses a guaranteed analysis provided by the final purchaser as part of the specific instructions for blending a customer-formula feed.
6 V.S.A. § 441 — VT Code / Title 6 / Chapter 30 / Section 441
§ 441. Prohibition
Status: in_force

No person engaged in the business of processing or storing consumer frozen foods or foods that have been frozen, or transporting, selling, or offering for sale such foods shall process, store, handle, transport, advertise, display, or offer for sale such foods unless such operations are conducted in accordance with the provisions of the rules adopted by the Secretary of Agriculture, Food and Markets after a public hearing. “Secretary” means the Secretary of Agriculture, Food and Markets or his or her designated agent.
6 V.S.A. § 1464 — VT Code / Title 6 / Chapter 107 / Section 1464
§ 1464. Slaughter; expenses
Status: in_force

The Secretary may take all steps that he or she deems necessary to prevent the potential spread of a contagious or an infectious disease, including continuing a quarantine order concerning imported animals found to be infected with or exposed to a contagious disease. When necessary to protect the health of other domestic animals or to prevent or control the spread of contagious disease, the Secretary may order any domestic animal imported into the State that is infected with or has been exposed to an infectious or a contagious disease condemned and destroyed and the carcass disposed with, in accordance with the provisions of section 1159 of this title. The owner shall bear the expense of detention, examination, test, and slaughter but not the personal expenses of the Secretary.
6 V.S.A. § 324 — VT Code / Title 6 / Chapter 26 / Section 324
§ 324. Registration and fees
Status: in_force

(a) No person shall manufacture or distribute a commercial feed, feed supplement, or dosage form animal health product in this State unless that person has first filed with the Agency of Agriculture, Food and Markets, in a form and manner to be prescribed by rules by the Secretary:

(1) the name of the manufacturer or distributor;

(2) the manufacturer's or distributor's place of business;

(3) the location of each manufacturing or distribution facility; and

(4) any other information that the Secretary considers to be necessary.

(b) A person shall not distribute in this State a commercial feed, feed supplement, or dosage form animal health product that has not been registered pursuant to the provisions of this chapter. Application shall be in a form and manner to be prescribed by rule of the Secretary. The Secretary shall have the authority to determine whether a product subject to an application shall be registered as a commercial feed, feed supplement, or dosage form animal health product.

(c)(1) The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00 per product. The registration fees, along with any surcharges collected under subsection (d) of this section, shall be deposited in the special fund created by subsection 364(f) of this title. Funds deposited in this account shall be restricted to implementing and administering the provisions of this title and any other provisions of the law relating to fertilizer, lime, or seeds. If the Secretary so requests, the application for registration shall be accompanied by a label or other printed matter describing the product.

(2) The application for registration of a dosage form animal health product shall be accompanied by a registration fee of $35.00 per product. The registration fees, along with any surcharges collected under subsection (d) of this section, shall be deposited in the special fund created by subsection 364(f) of this title. Funds deposited in this account shall be restricted to implementing and administering the provisions of this title and any other provisions of the law relating to items registered under this chapter. If the Secretary so requests, the application for registration shall be accompanied by a label or other printed matter describing the product.

(d) No person shall distribute in this State any commercial feed, feed supplement, or dosage form animal health product required to be registered under this chapter upon which the Secretary has placed a withdrawal from distribution order because of nonregistration. A surcharge of $10.00, in addition to the registration fee required by subsection (c) of this section, shall accompany the application for registration of each product upon which a withdrawal from distribution order has been placed for reason of nonregistration and must be received before removal of the withdrawal from distribution order.

(e) No person shall distribute a commercial feed product in the State that is labeled as bait or feed for white-tailed deer.
6 V.S.A. § 2777 — VT Code / Title 6 / Chapter 152 / Section 2777
§ 2777. Standards for the sale of unpasteurized (raw) milk
Status: in_force

(a) Except as provided under section 2778 of this title, unpasteurized milk shall be sold directly from the producer to the consumer for personal consumption only and shall not be resold.

(b) Unpasteurized milk shall be sold only from the farm on which it was produced except when sale or delivery off the farm is allowed under section 2778 of this chapter. Unpasteurized milk shall not be offered as free samples at any location other than on the farm on which the milk was produced.

(c) Unpasteurized milk operations shall conform to reasonable sanitary standards, including:

(1)(A) Unpasteurized milk shall be derived from healthy animals that are subject to appropriate veterinary care, including rabies vaccination administered by a licensed veterinarian according to accepted vaccination standards established by the Agency.

(B) A producer shall ensure that all ruminant animals are tested for brucellosis and tuberculosis, conducted by a licensed veterinarian according to accepted testing standards established by the Agency, prior to the sale of unpasteurized milk.

(C) A producer shall ensure that dairy animals entering the producer's milking herd, including those born on the farm, are tested for brucellosis and tuberculosis, conducted by a licensed veterinarian according to accepted testing standards established by the Agency, prior to the animal's milk being sold to consumers, unless:

(i) the dairy animal has a negative U.S. Department of Agriculture approved test for brucellosis within 30 days prior to importation into the State, in which case a brucellosis test shall not be required;

(ii) the dairy animal has a negative U.S. Department of Agriculture approved tuberculosis test within 60 days prior to importation into the State, in which case a tuberculosis test shall not be required; or

(iii) the dairy animal leaves and subsequently reenters the producer's herd from a state or Canadian province that is classified as “certified free” of brucellosis and “accredited free” of tuberculosis or an equivalent classification, in which case a brucellosis or tuberculosis test shall not be required.

(D) A producer shall post test results and verification of vaccinations on the farm in a prominent place and make results available to customers and the Agency.

(2) The animal's udders and teats shall be cleaned and sanitized prior to milking.

(3) The animals shall be housed in a clean, dry environment.

(4) Milking equipment shall be of sanitary construction, cleaned after each milking, and sanitized prior to the next milking.

(5) Milking shall be conducted in a clean environment appropriate for maintaining cleanliness.

(6) The farm shall have a potable water supply that is sampled for bacteriological examination according to Agency standards every three years and whenever any alteration or repair of the water supply has been made.

(7) If an animal is treated with antibiotics, that animal's milk shall be tested for and found free of antibiotics before its milk is offered for sale.

(d) Unpasteurized milk shall conform to the following production and marketing standards:

(1) Record keeping and reporting.

(A) A producer shall collect one composite sample of unpasteurized milk each day and keep the previous 14 days' samples frozen. The producer shall provide samples to the Agency if requested.

(B) A producer shall maintain a current list of all customers, including addresses, telephone numbers, and, when available, e-mail addresses.

(C) The producer shall maintain a list of transactions for at least one year that shall include customer names, the date of each purchase, and the amount purchased.

(2) Labeling. Unpasteurized (raw) milk shall be labeled as such, and the label shall contain:

(A) The date the milk was obtained from the animal.

(B) The name, address, zip code, and telephone number of the producer.

(C) The common name of the type of animal producing the milk, such as cattle, goat, sheep, or an image of the animal.

(D) The words “Unpasteurized (Raw) Milk. Keep Refrigerated.” on the container's principal display panel, and these words shall be clearly readable in letters at least one-eighth inch in height and prominently displayed.

(E) The words “Consuming raw unpasteurized milk may cause illness, particularly in children, seniors, persons with weakened immune systems, and pregnant women.” on the container's principal display panel and clearly readable in letters at least one-sixteenth inch in height.

(3) Temperature. Unpasteurized milk shall be cooled to 40 degrees Fahrenheit or lower within two hours of the finish of milking and so maintained until it is obtained by the consumer. All farms shall be able to demonstrate to the Agency's inspector that they have the capacity to keep the amount of milk sold on the highest volume day stored and kept at 40 degrees Fahrenheit or lower in a sanitary and effective manner.

(4) Storage. An unpasteurized milk bulk storage container shall be cleaned and sanitized after each emptying. Each container shall be emptied within 24 hours of the first removal of milk for packaging. Milk may be stored for up to 72 hours, but all storage containers shall be emptied and cleaned at least every 72 hours. Unless milk storage containers are cleaned and sanitized daily, a written log of dates and times when milking, cleaning, and sanitizing occur shall be posted in a prominent place and be easily visible to customers.

(5) Shelf life. Unpasteurized milk shall not be transferred to a consumer after four days from the date on the label.

(6) Customer inspection and notification.

(A) The producer shall provide the customer with the opportunity to tour the farm and any area associated with the milking operation. The producer shall permit the customer to return to the farm at a reasonable time and at reasonable intervals to reinspect any areas associated with the milking operation.

(B)(i) A sign, provided by the Agency of Agriculture, Food and Markets, that is eight and one-half inches by 11 inches in size with the words “Unpasteurized (Raw) Milk. Keep Refrigerated.” “Consuming raw unpasteurized milk may cause illness, particularly in children, seniors, persons with weakened immune systems, and pregnant women.” shall be displayed prominently on the farm in a place where it can be easily seen by customers. The text of the sign required under this subdivision shall be clearly visible and easily readable to consumers on the farm or at a farmers' market.

(ii) The Secretary of Agriculture, Food and Markets shall post a copy of the sign required under subdivision (6)(B)(i) of this section to the website of the Agency of Agriculture, Food and Markets for use by producers.

(e) A producer selling 87.5 or fewer gallons (350 quarts) of unpasteurized milk per week shall meet the requirements of subsections (a) through (d) of this section and shall sell unpasteurized milk from the farm on which it was produced. A producer selling 87.5 or fewer gallons of unpasteurized milk may choose to meet the requirements of subsection (f) of this section, in which case the producer may deliver or sell in accordance with section 2778 of this title.

(f) A producer selling more than 87.5 gallons to 350 gallons (more than 350 to 1,400 quarts) of unpasteurized milk per week shall meet the requirements of subsections (a) through (d) of this section as well as the following standards:

(1) Inspection. The Agency shall annually inspect the producer's facility and determine that the producer is in compliance with the sanitary standards listed in subsection (c) of this section.

(2) Bottling. Unpasteurized milk shall be sold in containers that have been filled by the producer. Containers shall be cleaned by the producer except that the producer may allow customers to clean their own containers only if each customer's container is labeled with the customer's name and address and the customers use their own containers. Producers shall ensure that only clean bottles are filled and distributed.

(3) Testing.

(A) A producer shall have unpasteurized milk tested twice per month by a U.S. Food and Drug Administration accredited laboratory using accredited lab-approved testing containers. Milk shall be tested for the following and the results shall be below these limits:

(i) total bacterial (aerobic) count: 15,000 cfu/ml (cattle and goats);

(ii) total coliform count: 10 cfu/ml (cattle and goats); and

(iii) somatic cell count: 225,000/ml (cattle); 500,000/ml (goats).

(B) The producer shall ensure that all test results are forwarded to the Agency, by the laboratory, upon completion of testing or within five days of receipt of the results by the producer.

(C) The producer shall keep test results on file for one year and shall post results on the farm in a prominent place that is easily visible to customers. The producer shall provide test results to the farm's customers if requested.

(D) The Secretary shall issue a warning to a producer when any two out of four consecutive, monthly tests exceed the limits. The Secretary shall have the authority to suspend unpasteurized milk sales if any three out of five consecutive, monthly tests exceed the limits until an acceptable sample result is achieved. The Secretary shall not require a warning to the consumer based on a high test result.

(4) Registration. Each producer operating under this subsection shall register with the Agency.

(5) Reporting. On or before March 1 of each year, each producer shall submit to the Agency a statement of the total gallons of unpasteurized milk sold in the previous 12 months.

(6) Off-farm sale and delivery. The sale and delivery of unpasteurized milk is permitted as provided for under section 2778 of this title.

(g) The sale of more than 350 gallons (1,400 quarts) of unpasteurized milk in any one week is prohibited.
6 V.S.A. § 321 — VT Code / Title 6 / Chapter 26 / Section 321
§ 321. Title
Status: in_force

This chapter shall be known as the “Vermont Commercial Feed Law of 1986.”
6 V.S.A. § 23 — VT Code / Title 6 / Chapter 1 / Section 23
§ 23. Good standing for agency grants
Status: in_force

(a) As used in this section, “good standing” means an applicant for a grant exclusively awarded by the Agency:

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

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

(b) This section shall not amend, alter, or otherwise modify the “good standing” requirements established for grant programs in chapter 215 of this title.

(c) An applicant shall not be eligible for any grant exclusively awarded by the Agency unless the applicant is in good standing with the Secretary on all grant agreements, contract awards, and enforcement proceedings at the time of the grant award.

(d) In the Secretary's sole discretion, the Agency may waive the grant prohibition in subsection (c) of this section if the Secretary determines that:

(1) the applicant is working constructively with the Agency in good faith to resolve all issues that prevent good standing, and the applicant agrees in writing to take all necessary measures to comply with good standing requirements within a described time period;

(2) all issues that prevent an applicant's good standing are minor and do not warrant ineligibility for the applicable grant; or

(3) the Secretary determines that waiving the good standing requirement is in the interests of justice.

(e) The good standing requirement only applies to grants exclusively awarded by the Agency. When the Agency is involved in administering other grants, the Agency may raise an applicant's lack of good standing for the awarding entity's consideration and review. The awarding entity may consider the applicant's lack of compliance when determining whether to award a grant.
6 V.S.A. § 1818 — VT Code / Title 6 / Chapter 141 / Section 1818
§ 1818. Finance of start-up and regular costs
Status: in_force

(a) To provide for its start-up costs, the Commission may borrow money pursuant to its general power under section 1806 of this compact, subdivision (d)(4). In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the Commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the Commission convenes, in an amount not to exceed one-tenth of one percent of the applicable federal market order blend price per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the Commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the Commission's ongoing operating expenses.

(b) The Commission shall not pledge the credit of any participating state or of the United States. Notes issued by the Commission and all other financial obligations incurred by it, shall be its sole responsibility and no participating state or the United States shall be liable therefor.
6 V.S.A. § 685 — VT Code / Title 6 / Chapter 37 / Section 685
§ 685. Secretary's powers
Status: in_force

The Secretary shall:

(1) Designate by regulation those consumer commodities in addition to the consumer commodities specifically enumerated in subsection 682(a) of this title as to which display of the unit price shall be required, upon a determination that such display will be in the best interests of consumers.

(2) Designate by regulation the unit of weight, measure, or count in terms of which the unit price of each consumer commodity shall be expressed, provided that no designated unit shall be such as to require persons subject to the provisions of subsection 682(a) of this title to measure any consumer commodity solely for the purpose of complying with subsection 682(a) of this title.

(3) Designate by regulation whether the unit price of each consumer commodity subject to the provisions of subsection 682(a) of this title shall be expressed to the nearest whole cent or to an appropriate fraction thereof.

(4) Exempt by regulation classes of retail establishments from any or all requirements of this chapter upon a determination that, because sales of consumer commodities regulated by this chapter are purely incidental to the business of such classes of retail establishments, compliance with this chapter is impracticable and unnecessary for adequate protection of consumers.

(5) Prescribe by regulation means for the disclosure of price information upon determination that they are more effective than those prescribed in section 683 of this title.

(6) Adopt any other rules necessary to effectuate the provisions of this chapter, in accordance with the best interests of consumers.

(7) Adopt rules addressing the method of price disclosure in the sale of home food service plans, including not only the price of the commodities sold but the service costs or membership fees associated with such a purchase. These rules shall take precedence over any uniform regulation adopted by the National Conference on Weights and Measures and published by the National Institute of Standards and Technology.
6 V.S.A. § 4031 — VT Code / Title 6 / Chapter 206 / Section 4031
§ 4031. Plants taken from the wild
Status: in_force

(a) The Secretary may adopt procedural rules pursuant to the Administrative Procedure Act as set forth in 3 V.S.A. chapter 25, for the collection, sale, or distribution of plants taken from the wild, on the list of Convention on International Trade on Endangered Species of Wild Fauna and Flora, as amended, provided that the plants are not on the Vermont endangered species list. He or she may authorize surveys or other actions to determine the extent that plant collections may be undertaken without jeopardizing the survival of a plant species. He or she may classify plant species based on their populations or chances for survival and may restrict what amount, if any, of a particular species may be removed from the wild.

(b) The Secretary may enter into programs with other government agencies to allow the movement of wild collected plants in interstate and international travel.

(c) The Secretary is authorized to stop-sale, to seize, or return to the point of origin at the possessor's expense any wild plants collected, sold, or distributed in violation of this provision.

(d) The Secretary may collect a fee of $75.00 for a three-year permit to engage in commerce with plants described in subsection (a) of this section. The fee shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of implementing this section.
6 V.S.A. § 251 — VT Code / Title 6 / Chapter 24 / Section 251
§ 251. Definitions
Status: in_force

For the purposes of this chapter:

(1) “Agricultural commodity” means any agricultural commodity, including apples, horticultural crops, fruits and vegetables, poultry, maple syrup, Christmas trees, livestock, and honey, either in their natural state or as processed by the producer. The term does not include milk, timber, or timber products, other than Christmas trees.

(2) “Producer” means any individual, partnership, corporation, or other business entity engaged within this State in the business of producing an agricultural commodity or causing an agricultural commodity to be produced for any market. The term shall only apply to persons who are not exempt under a marketing rule that gives special consideration to exemptions for small producers.

(3) “Handler” means any person engaged in the operation of packing, grading, selling, offering for sale, or marketing any marketable agricultural commodities, who as owner, agent, or otherwise ships or causes an agricultural commodity to be shipped.

(4) “Processor” means any person engaged within this State in processing, or in the operation of receiving, grading, packing, canning, freezing, dehydrating, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other way preserving or changing the form of agricultural commodities for the purpose of marketing this commodity, but shall not include a person engaged in manufacturing a different product from an agricultural commodity.

(5) “Distributor” means any person engaged within this State in selling, offering for sale, marketing, or distributing agricultural commodities that he or she has purchased or acquired from a producer or other person or that he or she is marketing on behalf of a producer or other person, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer, except a retailer who purchases or acquires from, or handles on behalf of, any producer or other person an agricultural commodity subject to regulation by the marketing agreement or order covering the commodity.

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

(7) “Marketing rule” means a rule issued by the Board or commission pursuant to this chapter prescribing rules governing the marketing for processing, the distribution, the sale of, or the handling in any manner of any agricultural commodity sold in this State during any specified period.

(8) “Wholesale” means the act of selling to retail vendors, commission merchants, producers, wholesalers, handlers, processors, distributors, institutional users, or commercial users mainly for resale or business use.

(9) “Board” means the Vermont Apple Marketing Board established by section 252 of this title.

(10) “Bushel” means 40 pounds.

(11) “Commodity marketing board” or “marketing board” means any agricultural commodity marketing board established under section 253a of this title.
6 V.S.A. § 1037 — VT Code / Title 6 / Chapter 84 / Section 1037
§ 1037. Administrative orders
Status: in_force

The Secretary may issue appropriate orders and institute appropriate proceedings on behalf of the agency to enforce this chapter or any rules adopted under this chapter. Orders, including stop-sale orders, shall be in writing and include the reason for action; a description of the plant pest, plants, parts of plants, plant products, or regulated articles at issue; any instructions to separate the described items; any recommended treatment or action to prevent spread; and appeal rights. Stop-sale tags shall not be removed without the Secretary's written permission or written determination for suitable disposal. Whenever the Secretary believes that any person is in violation of this chapter or rules adopted under this chapter, an action may be brought in a court of competent jurisdiction to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions or other relief as may be necessary and appropriate for abatement of any violations.