6 V.S.A. § 4813 — VT Code / Title 6 / Chapter 215 / Section 4813
§ 4813. Basin management; appeals to the Environmental Division
Status: in_force

(a) The Secretary of Agriculture, Food and Markets shall cooperate with the Secretary of Natural Resources in the basin planning process with regard to the agricultural nonpoint source waste component of each basin plan. Any person with an interest in the agricultural nonpoint source component of the basin planning process may petition the Secretary of Agriculture, Food and Markets to require, and the Secretary may require, best management practices in the individual basin beyond Required Agricultural Practices adopted by rule, in order to achieve compliance with the water quality goals in 10 V.S.A. § 1250 and any duly adopted basin plan. The Secretary of Agriculture, Food and Markets shall hold a public hearing within 60 days and shall issue a timely written decision that sets forth the facts and reasons supporting the decision.

(b) Any person engaged in farming that has been required by the Secretary of Agriculture, Food and Markets to implement best management practices or any person who has petitioned the Secretary of Agriculture, Food and Markets under subsection (a) of this section may appeal the Secretary of Agriculture, Food and Markets' decision to the Environmental Division de novo.

(c) When requiring implementation of a best management practice, the Secretary shall inform a farmer of the resources available to assist the farmer in implementing the best management practice and complying with the requirements of this chapter.
6 V.S.A. § 2855 — VT Code / Title 6 / Chapter 155 / Section 2855
§ 2855. Licenses
Status: in_force

No person shall manufacture for sale frozen desserts unless that person first secures a license from the Secretary of Agriculture, Food and Markets. Applications shall be made on forms furnished by the Secretary and be accompanied by a fee of $75.00. All licenses shall terminate on December 31 of each year. Frozen dessert licenses may be revoked or suspended for cause following due notice and hearing.
6 V.S.A. § 1153 — VT Code / Title 6 / Chapter 102 / Section 1153
§ 1153. Rules
Status: in_force

(a) The Secretary shall adopt rules necessary for the discovery, control, and eradication of contagious diseases and for the slaughter, disposal, quarantine, vaccination, and transportation of animals found to be diseased or exposed to a contagious disease. The Secretary may also adopt rules requiring the disinfection and sanitation of real estate, buildings, vehicles, containers, and equipment that have been associated with diseased livestock.

(b) The Secretary shall adopt rules establishing fencing and transportation requirements for domestic deer.

(c) The Secretary shall adopt rules necessary for the inventory, registration, tracking, and testing of domestic deer.
6 V.S.A. § 1111 — VT Code / Title 6 / Chapter 87 / Section 1111
§ 1111. Administrative penalties
Status: in_force

(a) The Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation for private applicators or certified private applicators or $5,000.00 per violation for certified noncommercial applicators, certified commercial applicators, licensed dealers, licensed companies, or permit holders, in any case in which he or she determines that an applicator, dealer, licensed company, or permit holder has done any of the following acts in violation of this chapter or of the rules adopted under this chapter:

(1) sold pesticides without first obtaining the appropriate pesticide dealer license;

(2) used pesticides without first obtaining the appropriate company license or applicator certificate;

(3) used a pesticide inconsistent with its labeling or in violation of the rules for the control of pesticides;

(4) failed to complete and submit a commercial applicator, company license, or pesticide dealer report;

(5) violated a cease and desist order;

(6) improperly disposed of pesticide products, dilutions, or rinsates; or

(7) violated the terms or conditions of a permit issued pursuant to this chapter or pursuant to the rules adopted pursuant to this chapter.

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

(c) 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 has occurred.

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

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

(4) The notice shall also state the proposed penalty and that if no hearing is requested, the decision shall become final and the penalty shall be imposed.

(5) The recipient of the notice shall have 15 days from the date on which notice is received to request a hearing.

(d) Any party aggrieved by 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.

(e) The Secretary may, subject to the provisions of 3 V.S.A. chapter 25, suspend any license, certificate, or permit issued pursuant to this chapter for failure to pay a penalty under this section when that person has failed to pay the penalty within 60 days after the penalty becomes final.
6 V.S.A. § 2902 — VT Code / Title 6 / Chapter 159 / Section 2902
§ 2902. Recording notice of lien
Status: in_force

A producer's lien shall not continue for more than 60 days from the time when payment became due for the last of the dairy products sold unless a notice of the lien is filed in the case of real estate in the office of the town clerk of the town where the real estate is located and in the case of personal property in the office of the town clerk of the town where the handler resides, or, if the handler resides out of state, then in the town where the personal property is located. Within ten days thereafter a copy of the memorandum shall be filed by the producer with the Secretary of Agriculture, Food and Markets, who may publish it as necessary to provide notice thereof to other producers of the handler.
6 V.S.A. § 1811 — VT Code / Title 6 / Chapter 141 / Section 1811
§ 1811. Rulemaking procedure
Status: in_force

Before promulgation of any regulations establishing a compact over-order price or Commission marketing order, including any provision with respect to milk supply under subsection 1809(f), or amendment thereof, as provided in Article IV, the Commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by section four of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553). In addition, the Commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a Commission marketing order and thereafter before any amendment with regard to prices or assessments, the Commission shall hold a public hearing. The Commission may commence a rulemaking proceeding on its own initiative or may, in its sole discretion, act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state, or federal officials.
6 V.S.A. § 1165 — VT Code / Title 6 / Chapter 102 / Section 1165
§ 1165. Testing of captive deer
Status: in_force

(a) Definitions. As used in this section:

(1) “Captive deer operation” means a place where domestic deer are privately or publicly maintained, in an artificial manner, or held for economic or other purposes within a perimeter fence or confined space.

(2) “Chronic wasting disease” or “CWD” means a transmissible spongiform encephalopathy.

(b) Testing. A person operating a captive deer operation under the jurisdiction of the Secretary of Agriculture, Food and Markets shall inform the Secretary when a captive deer in the person's control dies or is sent to slaughter. The person operating the captive deer operation shall make the carcass of a deceased or slaughtered animal available to the Secretary for testing for CWD.

(c) Cost. The cost of CWD testing required under this section shall be assessed to the person operating the captive deer operation from which the tested captive deer originated.
6 V.S.A. § 3305 — VT Code / Title 6 / Chapter 204 / Section 3305
§ 3305. Additional powers of the Secretary
Status: in_force

In order to accomplish the objectives stated in section 3303 of this title, the Secretary may:

(1) Remove inspectors from any establishment that fails to destroy condemned products as required under subdivision 3304(2) of this title.

(2) Refuse to provide inspection service under this chapter with respect to any establishment for reasons specified in section 401 of the Federal Meat Inspection Act or section 18 of the federal Poultry Products Inspection Act or for any other violation of this chapter and the rules adopted under it.

(3) Order labeling and containers to be withheld from use if he or she determines that the labeling is false or misleading or the containers are of a misleading size or form.

(4) By rules, prescribe the sizes, style, and type to be used for labeling information required under this chapter, and definitions and standards of identity or composition or standards of fill of container, consistent with federal standards, when he or she deems the action appropriate for the protection of the public.

(5) By rules, prescribe conditions for storage and handling of livestock products and poultry products by persons engaged in the business of buying, selling, freezing, storing, or transporting these products in or for intrastate commerce to ensure that these products will not be adulterated or misbranded when delivered to the consumer.

(6) Require that equines be slaughtered and prepared in establishments separate from establishments where other livestock are slaughtered or their products are prepared.

(7) Authorize inspection to continue at official establishments on State holidays, or beyond the regular work shift or workweek for State inspectors, provided that the necessary inspectors are available and the official establishment pays all overtime salaries of inspections necessary to keep the plant open and other expenses occasioned by the overtime employment. All of these payments shall be retained in a revolving fund for administrating this chapter.

(8) Adopt rules as necessary for the efficient execution of the provisions of this chapter, including rules of practice providing opportunity for hearing in connection with issuance of orders under subdivision 3304(5) of this title or subdivision (1), (2), or (3) of this section and establishing a procedure for proceedings in these cases. This shall not preclude a requirement that a label or container be withheld from use or a refusal of inspection under subdivision 3304(5) of this title or subdivision (1) or (3) of this section pending issuance of a final order in any proceeding. The federal meat inspection regulations and federal poultry inspection regulations of the U.S. Department of Agriculture, Title 9, Code of Federal Regulations, Chapter 3, 9 C.F.R. §§ 300.1 et seq., together with any amendments, supplements, or revisions to the regulations, are adopted as part of this chapter.

(9) Appoint and prescribe the duties for a head of service and such inspectors and other personnel as he or she deems necessary for the efficient execution of the provisions of this chapter.

(10) Cooperate with the U.S. Secretary of Agriculture in administration of this chapter to accomplish the purposes stated in section 3303 of this title; accept federal assistance for that purpose and spend public funds of this State appropriated for administration of this chapter to pay the State's proportionate share of the estimated total cost of the cooperative program.

(11) Recommend to the U.S. Secretary of Agriculture, officials or employees of the Agency of Agriculture, Food and Markets for appointment to the advisory committees provided for in the federal acts.

(12) Serve as the representative of the Governor for consultation with the Secretary under subsection 301(c) of the Federal Meat Inspection Act and subsection 5(c) of the federal Poultry Products Inspection Act unless the Governor selects another representative.

(13) Exempt the operations of any person from inspection or other requirements of this chapter if and to the extent the operations would be exempt from the corresponding requirements under the Federal Meat Inspection Act or the federal Poultry Products Inspection Act if they were conducted in or for interstate commerce or if the State were designated under the federal acts as one in which the federal requirements apply to intrastate commerce.

(14) Require retail vendors who affix labels with a date to meat, meat food products, or poultry products to clearly and conspicuously post their policy concerning date of sale labeling in order to enable consumers to understand the policy.

(15) Establish by rule the method for providing voluntary inspection, and withdrawal of inspection, of exotic animals, wild game, game birds, red deer, and cervidae. These rules may also provide for the inspection of meat and meat food products derived from those animals. The Secretary shall provide voluntary inspection of bison and cervidae produced in Vermont, including the inspection of meat and meat food products processed in Vermont derived from bison and cervidae, wherever produced. For such inspection, the Secretary shall charge a fee equal to the rate for reimbursable inspection services provided under the Vermont Meat and Poultry Inspection Program.

(16) Exempt livestock producers who sell directly to consumers or inspected slaughterhouses in carcass form from the licensing requirements of section 3306 of this title. To be eligible for this exemption, the livestock shall be slaughtered under inspection and the producer shall relinquish control of the carcass at the slaughterhouse. Payment for the carcasses shall be based on hanging weight rather than live weight. This exemption does not apply to any retail operations or poultry.

(17) Authorize and recognize mobile slaughter and processing establishments as official establishments or exempt them under subdivision (13) of this section.

(18) Sell or lease a mobile slaughtering unit and may retain any proceeds from the sale in a fund designated for the purpose of purchasing additional mobile slaughtering units or providing matching grants for capital investments to increase poultry slaughter or poultry processing capacity.
6 V.S.A. § 2765 — VT Code / Title 6 / Chapter 151 / Section 2765
§ 2765. Milk purchase refusal
Status: in_force

If the Attorney General commences an enforcement action against a milk producer for a false affirmation, claim, or affidavit pursuant to this subchapter, the charge shall be a matter of public record, and a handler purchasing milk from the producer may immediately refuse to purchase and accept milk from that producer, notwithstanding the provisions of section 2752 of this title.
6 V.S.A. § 3316 — VT Code / Title 6 / Chapter 204 / Section 3316
§ 3316. Appeal and jurisdiction
Status: in_force

(a) Any order issued under subdivision 3304(3) of this title; subdivision 3305(1), (2), or (3) of this title; subsection 3306(e) of this title; or a decision issued by the Secretary under subsection 3306(c) of this title shall be final unless appealed to a Superior Court within 15 days after service. An appeal of any other order or decision of the Secretary may be taken pursuant to 3 V.S.A. chapter 25. Review of any order and the determinations upon which it is based shall be upon the record in the administrative proceeding in which the order was issued.

(b) The Superior Court has legal and equitable jurisdiction to enforce, prevent, and restrain violations of this chapter and has legal and equitable jurisdiction in all other cases arising under this chapter. The Superior Courts are granted jurisdiction to handle criminal matters arising under this chapter and rules.
6 V.S.A. § 1672 — VT Code / Title 6 / Chapter 113 / Section 1672
§ 1672. Feeding of prohibited food waste
Status: in_force

No person shall feed prohibited food waste to swine or supply prohibited food waste to others for the purpose of feeding it to swine.
6 V.S.A. § 2763 — VT Code / Title 6 / Chapter 151 / Section 2763
§ 2763. Secretary's verification
Status: in_force

(a) The Secretary is authorized to conduct random inspections of dairy farm operations to determine whether evidence exists that rbST is or has been used in the production of milk, which may include inspection of a milking herd, historical milk production records, and medicine storage places. If an inspection finds evidence contradicting the claim of a producer made under section 2762 of this title, the Secretary shall immediately so notify the Attorney General and the handler concerned.

(b) The Secretary is authorized to investigate when he or she deems appropriate, and the Secretary shall at least annually review, the business operations of any milk handler who claims pursuant to this subchapter that rbST has not been used in the production of milk or dairy products offered for retail sale in Vermont, for the purpose of verifying such claims. An investigation or an annual review may be made, if the Secretary deems appropriate, of claims of non-rbST use in the production in other states or countries of milk or dairy products offered for retail sale in Vermont, pursuant to section 2767 of this title. An investigation or a review may include the examination of a milk handler's collection, transportation, processing, or manufacturing equipment, methods, and historical records, including records of milk pickups and deliveries.

(c) The Secretary is authorized to confirm a producer's claim of non-rbST use pursuant to subdivision 2762(1) of this title:

(1) in conjunction with the random inspection of dairy farm operations pursuant to subsection (a) of this section;

(2) upon the written request of a handler regarding specific producers supplying milk to the handler; or

(3) when the Secretary has reason to suspect that a specific producer has made a false affidavit.

(d) Any supplier of rbST doing business or wishing to do business in Vermont shall register with the Secretary. In the event the Secretary is investigating a producer's claim of non-rbST use pursuant to subdivision 2762(1) of this title, a supplier shall when requested by the Secretary make available to the Secretary records of business transactions with the producer under investigation by the Secretary.

(e) If the Secretary determines that the claims of a milk handler of non-rbST use pursuant to section 2762 of this title cannot be verified, the Secretary shall immediately so notify the Attorney General and the handler concerned.
6 V.S.A. § 4024 — VT Code / Title 6 / Chapter 206 / Section 4024
§ 4024. Nursery license
Status: in_force

(a) No person shall operate as a nursery grower or nursery dealer in the State without first obtaining a nursery license from the Secretary. A nursery grower or nursery dealer shall apply annually for a nursery license on a form provided by the Secretary. The Secretary shall establish by rule the conditions for the issuance, suspension, or revocation of a nursery license, and may place any restrictions or requirements upon the license that the Secretary deems necessary.

(b) A nursery dealer licensed under this section shall pay the following fee for a license:

(1) $60.00, if the nursery owns or controls:

(A) a nursery of one-half acre or more;

(B) greenhouse space of 25,000 square feet or more; or

(C) retail space of 25,000 square feet or more; or

(2) $30.00 for all other nursery dealers.

(c) Any person soliciting orders for, offering for sale, or distributing nursery stock shall have in the person's possession a copy of the nursery license required under subsection (a) of this section, which the person shall show upon demand to prospective buyers or the Secretary.

(d) A person selling $1,000.00 or less of nursery stock in a year shall be exempt from the requirement to obtain a license under this section.
6 V.S.A. § 3027 — VT Code / Title 6 / Chapter 172 / Section 3027
§ 3027. Abandoned apiaries and equipment
Status: in_force

Any diseased hive or hives found by the Secretary or the Secretary's inspector in an abandoned apiary shall be destroyed. Any abandoned diseased beekeeping equipment may be destroyed.
6 V.S.A. § 5133 — VT Code / Title 6 / Chapter 218 / Section 5133
§ 5133. Food residuals; rulemaking
Status: in_force

(a) The Secretary shall regulate the importation of food residuals or food processing residuals onto a farm.

(b)(1) The Secretary shall adopt by rule requirements for the management of food residuals and food processing residuals on a farm. The rules may include requirements regarding:

(A) the proper composting of food residuals or food processing residuals;

(B) destruction of pathogens in food residuals, food processing residuals, or compost;

(C) prevention of public health threat from food residuals, food processing residuals, or compost;

(D) protection of natural resources or the environment; and

(E) prevention of objectionable odors, noise, vectors, or other nuisance conditions.

(2) The Secretary may adopt the rules required by this section as part of the Required Agricultural Practices or as independent rules under this chapter.

(3) The rules shall prohibit a farm from initiating the production of compost from food residuals or food processing residuals imported onto the farm on or after July 1, 2021 within a downtown, village center, new town center, neighborhood development area, or growth center designated under 24 V.S.A. chapter 76a, unless the municipality has expressly allowed composting in the designated area under the municipal zoning or subdivision bylaws or in an approved municipal plan.

(4) The rules adopted under this section shall be designed to reduce odor, noise, vectors, and other nuisance conditions on farms and to protect the public health and the environment in a manner that is equal to or better than the rules for compost facilities in the Agency of Natural Resources' Vermont Solid Waste Management Rules, as amended.

(c) A farm producing compost under 10 V.S.A. § 6001(22)(H) shall be regulated under this chapter and shall not require a certification or other approval from the Agency of Natural Resources under 10 V.S.A. chapter 159.
6 V.S.A. § 2723 — VT Code / Title 6 / Chapter 151 / Section 2723
§ 2723. Exemptions
Status: in_force

Handlers' licenses shall not be required from the following persons:

(1) a producer who only sells raw milk to milk handlers licensed to buy raw milk from Vermont farms;

(2) a hotel, restaurant, or other public eating place that sells dairy products for consumption on the premises, or a store that sells packaged dairy products, provided the entire supply of dairy products is purchased from licensed milk handlers;

(3) a person producing unpasteurized milk under chapter 152 of this title, with respect to the sale of that unpasteurized milk only; or

(4) a person who holds a frozen dessert license that only utilizes pasteurized frozen dessert mix.
6 V.S.A. § 985 — VT Code / Title 6 / Chapter 83 / Section 985
§ 985. Request for assistance from Insurance Fund
Status: in_force

Within the meaning of section 981 of this title, Article VI(b) or Article VIII(a), a request or application for assistance from the Insurance Fund may be made by the Secretary of Agriculture, Food and Markets or designee whenever in the Secretary's judgment the conditions qualifying this State for the assistance exist and it would be in the best interests of this State to make such request.
6 V.S.A. § 2816 — VT Code / Title 6 / Chapter 153 / Section 2816
§ 2816. Preliminary incubation testing; rejection of supply
Status: in_force

A handler shall not reject the milk supply of a producer based solely on a preliminary incubation count.
6 V.S.A. § 2678 — VT Code / Title 6 / Chapter 151 / Section 2678
§ 2678. Penalties
Status: in_force

Any handler, producer, or other person who violates any of the provisions of this part or the rules adopted under this part shall be fined not less than $25.00 or more than $1,000.00, or imprisoned for not more than one year, or both.
6 V.S.A. § 4607 — VT Code / Title 6 / Chapter 207 / Section 4607
§ 4607. Powers and duties of the Vermont Working Lands Enterprise Board
Status: in_force

(a) Duties. The Vermont Working Lands Enterprise Board is charged with:

(1) optimizing the agricultural and forest use of Vermont lands and other agricultural resources;

(2) expanding existing markets and identifying and developing new profitable in-state and out-of-state markets for food, fiber, forest products, and value-added agricultural products, including farm-derived renewable energy; and

(3) identifying opportunities and challenges related to access to capital, infrastructure, product development, marketing, training, research, and education.

(b) Powers. The Vermont Working Lands Enterprise Board shall have the authority:

(1) to design and conduct an ongoing public engagement process, which may include taking testimony and receiving information from any party interested in the Board's activities;

(2) to gain information through the use of experts, consultants, and data to perform analysis as needed;

(3) to request services from State economists, State administrative agencies, and State programs;

(4) to obtain information from other planning entities, including the Farm to Plate Investment Program;

(5) to serve as a resource for and make recommendations to the Administration and the General Assembly on ways to improve Vermont's laws, rules, and policies in order to attain the goals set forth in section 4604 of this title;

(6) to establish an application process, eligibility criteria, and criteria for prioritizing assistance for awarding grants, loans, incentives, and other investments in agricultural and forestry enterprises and in food and forest systems;

(7) to award grants and other investments, which may include loans underwritten and administered through the Vermont Economic Development Authority;

(8) to enter into performance contracts with one or more persons in order to provide investment and services to agricultural and forestry enterprises, including:

(A) technical assistance and product research services;

(B) marketing assistance, market development, and business and financial planning;

(C) organizational, regulatory, and development assistance; and

(D) feasibility studies of facilities or capital investments to optimize construction and other cost efficiencies;

(9) to identify workforce needs and programs in order to develop training and incentive opportunities for the agriculture and forest product sectors after consulting with the Department of Labor;

(10) to identify strategic statewide infrastructure and investment priorities considering:

(A) leveraging opportunities;

(B) economic clusters;

(C) return-on-investment analysis; and

(D) other considerations the Board determines appropriate;

(11) to develop an annual operating budget, and:

(A) solicit and accept any grants, gifts, or appropriations necessary to implement the budget pursuant to 32 V.S.A. § 5; and

(B) expend any monies necessary to carry out the purposes of this section; and

(12) to identify growing markets and opportunities for the livestock and poultry sectors, including promoting independent animal welfare certification programs.

(c) Staff support. The Agency of Agriculture, Food and Markets shall provide administrative support to the extent authorized by the Secretary of Agriculture, Food and Markets, and with the assistance of the Department of Forests, Parks and Recreation to the extent authorized by the Commissioner of Forests, Parks and Recreation, in order to support the Board in the performance of its duties pursuant to this section.
6 V.S.A. § 1182 — VT Code / Title 6 / Chapter 102 / Section 1182
§ 1182. Testing of equine animals
Status: in_force

(a) Testing of equine animals for equine infectious anemia shall be done by an accredited veterinarian licensed in the State by means of a Coggins test or other test acceptable to the Secretary, at the owner's expense.

(b) Any equine animal found to be a reactor by means of a test under subsection (a) of this section shall be administered a second test in accordance with the applicable State and federal statutes, rules, or regulations.

(c) Any equine animal found to be a reactor shall be quarantined in accordance with instructions of the Secretary between receipt of the results of the first and second tests. Any equine animal found to be a reactor to a second test shall continue to be quarantined until adequate arrangements are made for disposition of the animal in accordance with section 1183 of this title.

(d) Any veterinarian who identifies an equine animal as a reactor shall report that animal to the Secretary in a form and manner to be prescribed by rule of the Secretary.
6 V.S.A. § 613 — VT Code / Title 6 / Chapter 35 / Section 613
§ 613. Assistants
Status: in_force

The Secretary shall employ assistants to enable the Secretary to make inspections of potato or other fields enrolled under the rules referred to.
6 V.S.A. § 8 — VT Code / Title 6 / Chapter 1 / Section 8
§ 8. Agricultural lands planning criteria
Status: in_force

(a) The Secretary shall establish guidelines to assist municipal and regional planning commissions in identifying agricultural lands. The guidelines shall provide, but not be limited to:

(1) soil characteristics appropriate to agricultural land;

(2) appropriate size of the parcel and use of adjacent land;

(3) the importance of agriculture to the region or locality;

(4) the availability and capacity of agricultural services and labor to support farming in the region; and

(5) the importance of the land, as agricultural land, to the character of the locality.

(b) The guidelines established by the Secretary under subsection (a) of this section may be applied by each regional and municipal planning commission to establish specific criteria for identifying agricultural lands within that region or municipality.
6 V.S.A. § 122 — VT Code / Title 6 / Chapter 5 / Section 122
§ 122. Fees
Status: in_force

Notwithstanding 32 V.S.A. § 603, the Agency shall establish fees for providing agricultural, environmental, and other necessary testing services at the request of private individuals and State agencies. The fees shall be reasonably related to the cost of providing the services. Fees collected under this chapter shall be credited to a special fund that shall be established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and that shall be available to the Agency to offset the cost of providing the services.
6 V.S.A. § 893 — VT Code / Title 6 / Chapter 67 / Section 893
§ 893. Application forms; fee
Status: in_force

The Secretary of Agriculture, Food and Markets shall furnish necessary application forms. The annual license date shall be January 1. The annual license fee shall be $125.00.
6 V.S.A. § 493a — VT Code / Title 6 / Chapter 32 / Section 493a
§ 493a. Use of the term "Vermont maple"
Status: in_force

The term “Vermont maple” may be used only to describe any product, flavoring, sweetener, or food additive when the product, flavoring, sweetener, or food additive so described contains “maple products” that are “produced in Vermont” as those terms are defined in this chapter.
6 V.S.A. § 2981 — VT Code / Title 6 / Chapter 163 / Section 2981
§ 2981. Rate and collection of assessment
Status: repealed

(a) Each producer shall pay each month an assessment of $0.10 per hundredweight from the price paid to the producer for milk produced by him or her and received by a handler. The funds shall be deducted from the producer's check, and the deduction identified on the producer's statement furnished by the handler. Notwithstanding the provisions of section 10 of this title, the assessment on the producer imposed by this subchapter shall be collected by and paid to the Secretary of Agriculture, Food and Markets of the State of Vermont, and shall be paid by him or her to the Treasurer of the State of Vermont, to be held by the Treasurer in a separate account entitled “Vermont Dairy Promotion Fund.” The interest earned by the Fund shall be retained as part of the Fund and shall be disbursed as provided by the provisions of this subchapter. Each handler receiving milk from a producer shall be liable for the assessment due under this subchapter from the producer; and each handler shall withhold from monies due any producer the assessment due from that producer to the State under this subchapter, shall be responsible to the Secretary for the payment and collection thereof, and shall not be liable to the producer or to any other person for the amount of the payment if the payment is paid to the State.

(b) [Repealed.]
6 V.S.A. § 2851 — VT Code / Title 6 / Chapter 155 / Section 2851
§ 2851. Definitions
Status: in_force

(a) “Frozen desserts” means all ice cream, frozen custards, ice milks, fruit sherbets, water ices, quiescently frozen confections, and frozen whipped creams and other like products defined by rules adopted under this chapter.

(b) “Frozen dessert mix” means any unfrozen mixture to be used in the manufacture of frozen desserts or milk shakes offered for sale or resale.
6 V.S.A. § 919 — VT Code / Title 6 / Chapter 81 / Section 919
§ 919. Prohibited distribution; sale or transportation
Status: in_force

It shall be unlawful for any person to distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any of the following:

(1) Any economic poison that has not been registered pursuant to the provisions of section 918 of this title, or any economic poison if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of an economic poison differs from its composition as represented in connection with its registration, provided that in the discretion of the Secretary, a change in the labeling or formula of an economic poison may be made within a registration period without requiring registration of the product.

(2) Any economic poison unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing:

(A) the name and address of the manufacturer, registrant, or person for whom manufactured;

(B) the name, brand, or trademark under which the article is sold; and

(C) the net weight or measure of the content subject, however, to such reasonable variations as the Secretary may permit.

(3) Any economic poison that contains any substance or substances in quantities highly toxic to humans, determined as provided in section 913 of this title, unless the label shall bear, in addition to any other matter required by this chapter:

(A) the skull and crossbones;

(B) the word “poison” prominently, in red, on a background of distinctly contrasting color; and

(C) a statement of an antidote for the economic poison.

(4) The economic poisons commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored or discolored as provided by rules issued in accordance with this chapter, or any other white powder economic poison that the Secretary, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by rule, require to be distinctly colored or discolored, unless it has been so colored or discolored, provided that the Secretary may exempt any economic poison, to the extent that it is intended for a particular use or uses, from the coloring or discoloring required or authorized by this section if the Secretary determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.

(5) Any economic poison that is adulterated or misbranded.
6 V.S.A. § 2932 — VT Code / Title 6 / Chapter 161 / Section 2932
§ 2932. Determination of motion for rehearing
Status: in_force

Upon the filing of a motion for rehearing, the Commission shall within ten days either grant or deny the motion, or suspend the order or decision complained of pending further consideration.
6 V.S.A. § 611 — VT Code / Title 6 / Chapter 35 / Section 611
§ 611. Service for certification of seed; standards and rules
Status: in_force

(a) The Secretary of Agriculture, Food and Markets shall establish and make available to the people of the State a service for the inspection of fields of potatoes for the purpose of certifying the product thereof for seed purposes. The Secretary shall have authority to establish certification standards that shall specify the maximum percentages of diseases and other defects that will be permitted in fields the product of which is certified for seed. The Secretary shall also have authority to adopt rules regarding the growing, roguing, grading, and shipping of certified seed potatoes and the conditions under which the service shall be available and a certificate granted.

(b) The Secretary of Agriculture, Food and Markets may also make available to the people of the State a service for the certification of seed grains, grass crops, legumes, and vegetables.

(c) This chapter requires the identification of seeds that have been genetically engineered. The purpose of such identification is to help avoid adverse effects on the potential benefits of genetic engineering technologies and on the conservation and sustainable use of biological diversity through the use of such seeds.
6 V.S.A. § 2929 — VT Code / Title 6 / Chapter 161 / Section 2929
§ 2929. Power to make orders and conduct hearings; rules
Status: in_force

(a) In administering this chapter, the Commission shall have the power to make orders under this section, conduct hearings, subpoena, and examine under oath producers, handlers, and distributors, their books, records, documents, correspondence, and accounts, and any other person it deems necessary to carry out the purposes and intent of this chapter.

(b) Any order issued under this chapter shall only be made final after a public hearing and after publication of a proposed order for public review and comment for 30 days following the publication of the proposed order.

(1) The Commission shall provide notice of the hearing on the proposed order to interested persons in accordance with the applicable provisions of 3 V.S.A. § 809(b), and to the public by advertisement in the newspapers of record approved by the Secretary of State under 3 V.S.A. § 839. The notice shall include proposed regulatory procedures for administration of the pricing order, as appropriate, and otherwise provide sufficient notice and explanation of the potential operation and impact of the order, including proposed findings and conclusions consistent with the requirements of section 2925 of this chapter.

(2) Interested persons shall not be considered “parties,” and, except as otherwise specifically provided by subsection (c) of this section, the provisions of 3 V.S.A. chapter 25 relating to contested cases shall not apply to the procedure for the conduct of the hearing, the issuance of a proposed pricing order, or the promulgation of a final order. The hearing on the proposed order shall be held in accordance with the applicable provisions of 3 V.S.A. § 840(c) and (d), other than the provisions relating to notice and the requirements of 3 V.S.A. § 832a. The hearing procedure shall provide for the establishment of a formal record of sworn evidence received, matters officially noticed, questions and offers of proof submitted by interested persons, and any proposed findings presented.

(3) The final order shall contain separate findings of fact and conclusions responsive to the requirements of section 2925 of this chapter and based exclusively on the evidence presented at the hearing and on matters officially noticed. The final order shall also provide specific response to any submissions filed by interested persons, including proposed findings. The final order shall be issued again in accordance with the procedural requirements of subdivision (1) of this subsection.

(4) The Commission shall hold at least one formal deliberative meeting before the issuance of a proposed or final order. Except as provided in section 2922 of this chapter with respect to affirmative votes, a majority of the Commission shall constitute a quorum for these deliberative meetings, as well as for any hearing conducted in accordance with this section.

(c) The procedure relating to ex parte communications set forth in 3 V.S.A. § 813 shall apply as the Commission deems appropriate to the development of a proposed order and to the deliberation and issuance of a final order.

(d) The Commission shall adopt rules of procedure for the conduct of a hearing and issuance of a proposed and final pricing order under this chapter. Such rules may be adopted as emergency rules in accordance with 3 V.S.A. chapter 25. The Commission may adopt and enforce such reasonable rules and procedures as are deemed necessary to carry out the administration of the provisions of this chapter.
6 V.S.A. § 2701 — VT Code / Title 6 / Chapter 151 / Section 2701
§ 2701. Rules
Status: in_force

(a) The Secretary, in accordance with 3 V.S.A. chapter 25, shall adopt and may amend and rescind, dairy sanitation rules relating to dairy products to enforce this chapter, including labeling, weighing, measuring and testing facilities, buildings, equipment, methods, procedures, health of animals, health and capability of personnel, and quality standards. In addition, the uniform regulation for sanitation requirements, as adopted by the National Conference on Interstate Milk Shippers, and published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, Grade A Pasteurized Milk Ordinance (PMO), as amended, supplemented, or revised, are adopted as part of this chapter, except that any exemption to the preventative controls for human food requirements for Grade “A” milk and milk products for a very small business, as defined in the PMO and federal regulations, shall not apply. The Secretary may modify or reject by rule the PMO. When adherence to the PMO is deemed unreasonable by the Agency for non-Grade “A” products, the most current version of the Recommended Requirements of the U.S. Department of Agriculture, Agricultural Marketing Service, Milk for Manufacturing Purposes and its Production and Processing may be used.

(b) The Secretary shall adopt and from time to time amend or terminate rules concerning but not limited to the taking and storing of samples, sampling equipment, approved tests, testing equipment, methods and procedures for performing tests, and related trade practices that are used as a basis for payment or acceptance for dairy products. The Secretary shall adopt, amend, or terminate rules concerning examination for and the granting and terminating of dairy technician's licenses.
6 V.S.A. § 3318 — VT Code / Title 6 / Chapter 204 / Section 3318
§ 3318. Investigation; record keeping
Status: in_force

(a) The Secretary shall also have power:

(1) To gather and compile information and to investigate the organization, business, conduct, practices, and management of any person engaged in intrastate commerce and the relationship to other persons.

(2) To require, by general or special orders, persons engaged in intrastate commerce to file with the Secretary, in the form that the Secretary may prescribe, annual or special reports or answers in writing to specific questions. The person filing the reports or answers shall furnish the Secretary with any information he or she may require as to the organization, business, conduct, practices, management, and relation to other persons. The reports and answers shall be made under oath, or otherwise, as the Secretary may prescribe and shall be filed with the Secretary within a reasonable period as the Secretary may prescribe, unless additional time is granted by the Secretary.

(b) For the purpose of this chapter, the Secretary shall at all reasonable times have access to and the right to copy any documentary evidence of any person being investigated or proceeded against. The Secretary may subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation or subject to administrative hearing. The Secretary or his or her designee may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.

(1) The attendance of witnesses and the production of documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena, the Secretary may invoke the aid of any district or Superior Court in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(2) Any district or Superior Court within the jurisdiction in which an inquiry is carried on may, in case of resistance or refusal to obey a subpoena issued to any person, issue an order requiring the person to appear before the Secretary or to produce documentary evidence or to give evidence touching the matter in question. Any failure to obey an order of the court may be punished by the court as a contempt.

(3) Upon the application of the Attorney General of this State at the request of the Secretary, the Superior Courts shall have jurisdiction to issue preliminary or permanent injunctions commanding any person to comply with the provisions of this chapter or any order of the Secretary made pursuant to this chapter.

(4) The Secretary may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of the proceeding or investigation. The depositions may be taken before any person designated by the Secretary who has the power to administer oaths. The testimony shall be reduced to writing by the person taking the deposition, or under his or her direction, and shall be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Secretary as provided in this chapter.

(5) Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of this State. Witnesses whose depositions are taken and the persons taking the same shall each be entitled to the same fees as are paid for like services in the courts.

(6) No person shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence before the Secretary. No person shall be excused from obeying a subpoena of the Secretary, whether the subpoena is signed or issued by him or her or his or her designee, or in any proceeding, criminal or otherwise, based upon any alleged violation of this chapter on the ground that the testimony or evidence, documentary or otherwise, required of him or her or by the subpoena may tend to incriminate him or her or subject him or her or it to a penalty or forfeiture. No individual shall be prosecuted or subjected to a penalty or forfeiture for any transaction, matter, or thing concerning which he or she is compelled, after having claimed his or her privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in testifying.

(c) Any person who neglects or refuses to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or her power to do so, in obedience to the subpoena or lawful requirement of the Secretary or his or her designee shall upon conviction be punished by a fine of not less than $1,000.00 nor more than $5,000.00, or by imprisonment for not more than one year, or both.

(d) Any person who willfully makes, or causes to be made, any false entry or statement of fact or who willfully fails to make correct entries in any report, account, record, or memorandum kept by any person that is required by or subject to this chapter or who willfully removes out of the jurisdiction of this State, or willfully mutilates, alters, or by any other means falsifies any documentary evidence of any person subject to this chapter or who willfully refuses to submit to the Secretary or to any of his or her authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any person subject to this chapter in his or her possession or within his or her control, shall upon conviction be subject to a fine of not less than $1,000.00 nor more than $5,000.00, or to imprisonment for not more than three years, or both.

(e) If any person required by this chapter fails to file any annual or special report within the time fixed by the Secretary, and the failure continues for 30 days after notice of default, the person shall forfeit $100.00 after notice to the State for each day. The forfeiture shall be payable into the Treasury of this State and shall be recoverable in a civil suit in the name of the State brought in the county where the person has his or her or its principal office or in Washington Superior Court.
6 V.S.A. § 2768 — VT Code / Title 6 / Chapter 151 / Section 2768
§ 2768. Rules
Status: in_force

The Secretary may adopt rules to implement this subchapter.
6 V.S.A. § 1807 — VT Code / Title 6 / Chapter 141 / Section 1807
§ 1807. Rulemaking power
Status: in_force

In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the Commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact.
6 V.S.A. § 491 — VT Code / Title 6 / Chapter 32 / Section 491
§ 491. Adulteration; filtration
Status: in_force

(a) No person shall manufacture, package, sell, offer for sale, deliver, or in any way possess any maple product that is adulterated within the meaning of 18 V.S.A. § 4059.

(b) Maple syrup that is produced, packaged, handled, or sold in this State shall not be bleached or lightened in color by artificial means except by simple filtration through cloth or paper, through a filter press, or through food grade diatomaceous earth with a filter press to remove suspended solids. The Secretary may by rule approve other methods of filtration. The Secretary is authorized to approve specific applications of new technologies for time-limited experimental usage.
6 V.S.A. § 3024 — VT Code / Title 6 / Chapter 172 / Section 3024
§ 3024. Apiary inspection; owners to control or eradicate bee diseases
Status: in_force

The Secretary or the Secretary's inspectors may examine all apiaries as necessary and ascertain whether any disease that is injurious to bees is present. If any such disease is found, the Secretary shall give the owners or caretakers of the diseased apiaries written orders to treat, destroy, or otherwise handle the colonies in order to prevent the spread or dissemination of the disease.
6 V.S.A. § 1158 — VT Code / Title 6 / Chapter 102 / Section 1158
§ 1158. Quarantine zone
Status: in_force

(a) The Secretary may establish a quarantine zone whenever it is determined that a contagious disease is widely spread throughout an area of the State and that a quarantine zone is necessary to contain or prevent the further spread of the disease.

(b) In establishing a quarantine zone, the Secretary may, by order:

(1) regulate, restrict, or restrain movements of animals, animal products, or vehicles and equipment associated with animals or animal products into, out of, or within the zone;

(2) detain all animals within the zone that might be infected with or have been exposed to the disease for examination at any place specified by the quarantine order; and

(3) take other necessary steps to prevent the spread of and eliminate the disease within the quarantine zone.

(c) The Secretary shall notify the public of the existence, location, and terms of a quarantine zone, in a manner deemed appropriate under the circumstances. The Secretary may also notify by certified mail or in person the owner or person in possession of any animal or animals that must be detained or otherwise regulated within the zone.

(d) It shall be unlawful to violate the terms of a quarantine zone order issued pursuant to this section. Any person who knowingly violates a quarantine zone order shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than six months, or both. Any person who knowingly violates a quarantine zone order and causes the spread of a contagious disease beyond the quarantine zone shall be subject to a fine of not more than $15,000.00 or imprisonment for not more than two years, or both.
6 V.S.A. § 492 — VT Code / Title 6 / Chapter 32 / Section 492
§ 492. Labeling container of maple flavored products
Status: in_force

(a) Every product or package containing a product made by combining maple sap, maple sugar, or maple syrup with any other sugar or other substance packed, sold, offered, or exposed for sale or distribution by any person in this State shall be plainly marked in accordance with 9 V.S.A. § 2633(c) for packaging and labeling rules and shall include the following on the principal display panel:

(1) an accurate and descriptive name;

(2) the net quantity contents declaration; and

(3) the amount of maple sugar or maple syrup the product contains expressed in percentage of volume if the product is a liquid or a list of the product ingredients in order of decreasing predominance by weight if the product is a solid. The percentage statement or ingredient list shall be in close proximity to the product name.

(b) The same information required in subsection (a) of this section shall be included in any advertisements of the product. When the product is served in any public eating place, the menu shall be conspicuously marked with an accurate and descriptive name and a statement expressing the percentage of maple sugar or maple syrup the product contains.

(c) The words “maple,” “mapyl,” “mapley,” or words of similar import shall not appear in any manner on a container, label, menu, or advertisement of maple flavored products, unless:

(1) such words are printed in the statement of contents together with the percentage;

(2) such words are a part of the packer's name, provided that the packer's name cannot appear to be a part of the product name; or

(3) the words “blend,” “sweetened,” or “flavored” appear immediately before, after, above or below and in equal prominence to such words.

(d) The term “maple flavored” may only be used when 100 percent of the flavoring material is a pure maple product. If any artificial maple flavor is used, the label shall clearly and conspicuously state “artificial flavor.”
6 V.S.A. § 9 — VT Code / Title 6 / Chapter 1 / Section 9
§ 9. Service charges
Status: in_force

The Secretary may assess charges for services rendered by Agency employees to commercial enterprises that are not required by or otherwise referred to in statute. The Secretary may also assess charges for inspections that are conducted to confirm that action has been taken to correct violations when an inspector has conducted at least two inspections regarding a violation. Service charges assessed under this section shall be sufficient to recover the Agency's costs, including payment for the inspector's time, and shall be retained by the Agency to reimburse these expenses.
6 V.S.A. § 4857 — VT Code / Title 6 / Chapter 215 / Section 4857
§ 4857. Definitions
Status: in_force

As used in this subchapter:

(1) “Animal feeding operation” (AFO) means a lot or facility where the livestock or domestic fowl have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, or forage growth are not sustained in the normal growing season over any portion of the lot or facility. Two or more individual farms qualifying as an AFO that are under common ownership and that adjoin each other or use a common area or system for the disposal of waste shall be considered to be a single AFO if the combined number of livestock or domestic fowl resulting qualifies as a medium farm as defined in subdivision (2) of this section.

(2) “Medium farm” is an AFO that houses 200 to 699 mature dairy animals; 300 to 999 cattle or cow/calf pairs; 300 to 999 veal calves; 750 to 2,499 swine weighing over 55 pounds; 3,000 to 9,999 swine weighing less than 55 pounds; 150 to 499 horses; 3,000 to 9,999 sheep or lambs; 16,500 to 54,999 turkeys; 9,000 to 29,999 laying hens or broilers with a liquid manure handling system; 25,000 to 81,999 laying hens without a liquid manure handling system; 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system; 1,500 to 4,999 ducks with a liquid manure handling system; or 10,000 to 29,999 ducks without a liquid manure handling system.

(3) “Small farm” is an AFO that houses no more than 199 mature dairy animals; 299 cattle or cow/calf pairs; 299 veal calves; 749 swine weighing over 55 pounds; 2,999 swine weighing less than 55 pounds; 149 horses; 2,999 sheep or lambs; 16,499 turkeys; 8,999 laying hens or broilers with a liquid manure handling system; 24,999 laying hens without a liquid manure handling system; 37,499 chickens other than laying hens without a liquid manure handling system; 1,499 ducks with a liquid manure handling system; or 9,999 ducks without a liquid manure handling system.

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

(5) “Livestock” means cattle, swine, sheep, goats, and horses, or any other number and type of domestic animal that the Secretary deems livestock.
6 V.S.A. § 768 — VT Code / Title 6 / Chapter 63 / Section 768
§ 768. Duties of dealers, transporters, and packers
Status: repealed

A livestock dealer, transporter, or packer licensed under section 762 of this title shall:

(1) Maintain in a clean and sanitary condition all premises, buildings, and conveyances used in the business of buying, selling, or transporting livestock or operating a livestock auction or sales ring.

(2) Submit premises, buildings, and conveyances to inspection and livestock to inspection and test at any and such times as the Secretary may deem it necessary and advisable.

(3) Allow no livestock on livestock dealer's premises from herds or premises quarantined by the Secretary of Agriculture, Food and Markets.

(4)(A) Maintain, subject to inspection by the Secretary of Agriculture, Food and Markets or his or her agent, a record compliant with applicable State and federal statutes, rules, and regulations specified by the Secretary, including the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86. When not required under the requirements set forth in State and federal statute, the records required under this subdivision shall include:

(i) all livestock purchased, repossessed, sold, or loaned by a livestock dealer, transporter, or packer;

(ii) the complete name and address of the person from whom livestock was obtained and to whom delivered; and

(iii) the official individual identification number that is required to be applied to each livestock under the requirements of sections 1460, 1461, and 1461a of this title.

(B) For equine livestock, the requirements for the records to be maintained and the method of individual identification are set forth under chapter 102, subchapter 2 of this title.

(5) Abide by other reasonable rules that may be adopted by the Secretary of Agriculture, Food and Markets to prevent the spread of disease. A copy of all applicable rules shall be provided to all livestock dealers, packers, and transporters licensed under the terms of section 762 of this title at the time they first obtain a license.

(6) Pay the seller within 72 hours following the sale of the animal or animals.

(7) [Repealed.]
6 V.S.A. § 329 — VT Code / Title 6 / Chapter 26 / Section 329
§ 329. Rules
Status: in_force

(a) The Secretary is authorized to adopt rules establishing procedures or standards, or both, for product registration, labeling, adulteration, reporting, inspection, sampling, guarantees, product analysis, or other conditions necessary for the implementation and enforcement of this chapter. Where appropriate, the rules shall be consistent with the model rules developed by the Association of American Feed Control Officials and regulations adopted by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.

(b) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, together with any regulation promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., relevant to the subject matter of this chapter, are hereby adopted as rules under this chapter, together with all subsequent amendments. The Secretary may, by rule, amend or repeal any rule adopted under this subsection.

(c) A person shall not manufacture or distribute raw milk as a commercial feed, feed supplement, or dosage form animal health product in the State for any species unless all of the following conditions are satisfied:

(1) the raw milk shall be decharacterized using a sufficient method to render it distinguishable from products packaged for human consumption;

(2) raw animal feed, feed supplements, dosage form animal health products, or pet food products shall be packaged in containers that are labeled “not for human consumption”;

(3) raw animal feed, feed supplements, dosage form animal health products, or pet food products shall not be stored or placed for retail sale with, or in the vicinity of, milk or milk products intended for human consumption; and

(4) notwithstanding any rule adopted under subsection (b) of this section to the contrary of the provisions of this subsection, the manufacture and distribution of raw animal feed, feed supplements, dosage form animal health products, or pet food products shall comply with the requirements of this chapter.
6 V.S.A. § 2965 — VT Code / Title 6 / Chapter 162 / Section 2965
§ 2965. Misuse of labels; penalty
Status: in_force

(a) No person shall use, nor allow another person to use, an identification label designed and issued by the Secretary under section 2964 of this title without authorization of the Secretary.

(b) A person who violates this section commits a civil violation and shall be assessed a penalty of not less than $500.00.

(c) In addition to the penalties set forth in this section, the Secretary may take any action authorized under 6 V.S.A. chapter 1 to enforce the requirements of section 2964 of this title and the rules adopted pursuant to that section.
6 V.S.A. § 3317 — VT Code / Title 6 / Chapter 204 / Section 3317
§ 3317. Penalties; generally
Status: in_force

(a) Any person who violates any provision of this chapter, or the rules adopted under this chapter, for which no other criminal penalty is provided by this chapter shall upon conviction be subject to imprisonment for not more than one year or a fine of not more than $1,000.00, or both. However, if the violation involves intent to defraud, or any distribution or attempted distribution of a product that is adulterated except as defined in subdivision 3302(1)(K) of this title, the person shall be subject to imprisonment for not more than three years or a fine of not more than $10,000.00, or both.

(b) Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings minor violations of this chapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.

(c) Any person who violates this chapter or any rule adopted by the Secretary under this chapter shall be liable for a civil penalty not to exceed $1,000.00 for each violation. A civil penalty may be imposed by the Washington Superior Court or by any other Superior Court. The Superior Court shall consider the size of the business of the person charged, the effect on the person's ability to continue in business, and the gravity of the violation in assessing a civil penalty. Whenever the Secretary finds that the violation occurred despite the exercise of due care, he or she may issue a warning instead of seeking a penalty.
6 V.S.A. § 646 — VT Code / Title 6 / Chapter 35 / Section 646
§ 646. Exemptions
Status: in_force

(a) The provisions of sections 644, 645, and 647 of this title shall not apply:

(1) To seed or grain not intended for sowing purposes.

(2) To seed in storage in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing, provided that the invoice or labeling accompanying any shipment of such seed bears the statement “seeds for processing.” Any labeling or other representation that may be made with respect to the uncleaned or unprocessed seed shall be subject to section 644 of this title.

(3) To any carrier of seed transported or delivered for transportation in the ordinary course of its business as a carrier, provided that such carrier is not engaged in producing, processing, or marketing seeds subject to the provisions of this subchapter.

(b) No person shall be subject to the penalties of this subchapter for having sold or offered for sale seeds subject to provisions of this subchapter that were incorrectly labeled or represented as to kind, species, and subspecies; variety; type; or origin, unless the person has failed to obtain an invoice, genuine grower's declaration, or other labeling information or to take such other reasonable precautions to ensure that the identity of the seed is set forth. “Genuine grower's declaration” means a statement signed by the grower that gives for each lot of seed the lot number, kind, variety (if known), origin, weight, year of production, date of shipment, and to whom the shipment was made.
6 V.S.A. § 2883 — VT Code / Title 6 / Chapter 157 / Section 2883
§ 2883. Nonpayment; forfeiture of bond
Status: in_force

When, for a period of five days after the date required for payment of any amount due any of his or her producers, the handler fails to pay the amount due for products delivered or furnished by them for the preceding pay period, the handler, by reason of such nonpayment, shall be in default as to all producers whose accounts shall then remain unpaid, and the bond or other security provided for in section 2881 of this title shall be forfeited to the extent of all sums then due from such handler to its several producers in this State and, by virtue of such default, the conditions of the bond or other securities shall be deemed to be broken.
6 V.S.A. § 495 — VT Code / Title 6 / Chapter 32 / Section 495
§ 495. Advertising
Status: in_force

(a) All advertisements of maple syrup displayed, circulated, broadcast by radio, or telecast within this State that quote a price shall specify the grade and volume of maple syrup in equal prominence with the stated price.

(b) All advertisements of maple products and maple flavored products displayed, circulated, broadcast by radio, or telecast within this State that quote a price shall specify the quantity of contents in equal prominence with the stated price.

(c) All advertisements of maple syrup or maple products that state or imply that the products were produced in Vermont shall be used exclusively upon maple syrup or maple products produced within the State of Vermont.

(d) All advertising of maple flavored products shall be in compliance with the advertising provisions contained in section 492 of this title. All advertising of artificial maple flavored products shall be in compliance with the advertising provisions contained in section 493 of this title.
6 V.S.A. § 333 — VT Code / Title 6 / Chapter 26 / Section 333
§ 333. Penalties
Status: in_force

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

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

(c) The Secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
6 V.S.A. § 489 — VT Code / Title 6 / Chapter 32 / Section 489
§ 489. Hydrometers
Status: in_force

(a) Maple syrup hydrometers sold in this State shall be tested, approved, and so marked by the Agency before any are sold, offered, or exposed for sale or distributed by any person.

(b) All maple sap hydrometers used in this State for testing the sugar content of maple sap for the purpose of computing its selling price shall be permanently marked with a nonrepetitive serial number and shall be tested by the Agency for accuracy. When a maple sap hydrometer has been tested and approved as meeting those standards established by regulation, the Secretary may issue a certificate of accuracy.
6 V.S.A. § 4814 — VT Code / Title 6 / Chapter 215 / Section 4814
§ 4814. Education and technical assistance
Status: in_force

The Secretary of Agriculture, Food and Markets may:

(1) Develop educational programs dealing with agricultural nonpoint source reduction, with the assistance of other organizations, utilizing various types of media, group meetings, tours, on-farm demonstrations, and one-on-one farm visits.

(2) Provide technical assistance, or contract for services to provide technical assistance, to qualified persons engaged in farming for reducing agricultural nonpoint source pollution.
6 V.S.A. § 682 — VT Code / Title 6 / Chapter 37 / Section 682
§ 682. Consumer information required
Status: in_force

(a) Every person who sells, offers for sale, or exposes for sale at retail any aluminum foil, bread, carbonated soft drinks, cereals, cooking oils, dog or cat food, facial tissues, fish, fowl, fruits, grains, meats, napkins, plastic food wrapping, vegetables, waxed paper, or other consumer commodity designated by the Secretary shall disclose to the consumer the unit price of the consumer commodity as provided in this chapter.

(b) Every person who sells, offers for sale, or exposes for sale at retail any consumer commodity shall disclose to the consumer the total price of the consumer commodity as provided in this chapter.
6 V.S.A. § 355 — VT Code / Title 6 / Chapter 27 / Section 355
§ 355. Enforcement; rules; inspectors
Status: in_force

The Secretary of Agriculture, Food and Markets shall enforce the provisions of this chapter and shall establish such rules and employ such inspectors as are deemed necessary and advisable. Such duly appointed inspectors shall have free access at all reasonable hours to any building or other place where it is reasonable to believe eggs are being sold, offered, or exposed for sale.
6 V.S.A. § 379 — VT Code / Title 6 / Chapter 28 / Section 379
§ 379. Exchanges between manufacturers
Status: in_force

Nothing in this chapter shall be construed to restrict or impair sales or exchanges of fertilizers or beneficial substances to each other by importers, manufacturers, or manipulators who mix fertilizer materials or beneficial substances for sale or to prevent the free and unrestricted shipments of fertilizer or beneficial substances to manufacturers or manipulators who have registered their brands as required by provisions of this chapter.
6 V.S.A. § 1810 — VT Code / Title 6 / Chapter 141 / Section 1810
§ 1810. Optional provisions for pricing order
Status: in_force

Regulations establishing a compact over-order price or a Commission marketing order may contain, but shall not be limited to, any of the following:

(1) Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program.

(2) With respect to a Commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the Commission, or a single minimum price for milk purchased from producers or associations of producers.

(3) With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk.

(4) Provisions for establishing either an over-order price or a Commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials, and for competitive credits with respect to regulated handlers who market outside the regulated area.

(5) Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them.

(A) With respect to regulations establishing a compact over-order price, the Commission may establish one equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area.

(B) With respect to any Commission marketing order, as defined in section 1802 of this compact, subdivision (9), which replaces one or more terminated federal orders or state dairy regulation, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area.

(6) Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or Commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or Commission marketing order.

(7) Provisions specially governing the pricing and pooling of milk handled by partially regulated plants.

(8) Provisions requiring that the account of any person regulated under a compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area.

(9) Provisions requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to Article VII, subsection 1818(a) of this chapter.

(10) Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966.

(11) Other provisions and requirements as the Commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers.
6 V.S.A. § 4996 — VT Code / Title 6 / Chapter 215 / Section 4996
§ 4996. Appeals; enforcement
Status: in_force

(a) Any person subject, under this subchapter, to an administrative enforcement order, an administrative penalty, or revocation of a permit or certification who is aggrieved by a final decision of the Secretary may appeal to the Civil Division of Superior Court within 30 days of the decision. The Chief Superior judge may specially assign an Environmental judge to the Civil Division of Superior Court for the purpose of hearing an appeal.

(b) If the Secretary issues an emergency order under this chapter, the person subject to the order may request a hearing before the Civil Division of Superior Court. Notice of the request for hearing under this subsection shall be filed with the Civil Division of Superior Court and the Secretary within five business days after receipt of the order. A hearing on the emergency order shall be held at the earliest possible time and shall take precedence over all other hearings. The hearing shall be held within five business days after receipt of the notice of the request for hearing. A request for hearing on an emergency order shall not stay the order. The Civil Division of the Superior Court shall issue a decision within five business days from the conclusion of the hearing and not later than 30 days from the date the notice of request for hearing was received by the person subject to the order.

(c) The Civil Division of the Superior Court shall review appeals under this section on the record pursuant to Rule 74 of the Vermont Rules of Civil Procedure.
6 V.S.A. § 1467 — VT Code / Title 6 / Chapter 107 / Section 1467
§ 1467. Test and inspection in state of origin
Status: in_force

(a) Any domestic animal brought into the State shall be tested and inspected in the state of origin when testing or inspection is required by rule. Imported domestic animals may be retested at the discretion of the Secretary.

(b) In order to prevent the spread of infections or contagious diseases, any domestic animal brought into the State without having been first tested and inspected, as required by the Secretary's rules, may be returned to the state of origin within 48 hours of a determination by the Secretary that the animals have been illegally imported. While in the State, the illegally imported domestic animals shall be strictly quarantined. In the event that the domestic animals cannot be returned to the state of origin, the animals may be slaughtered or euthanized within 72 hours of a determination by the Secretary that the animals have been illegally imported. The owner of the domestic animals shall bear the full expense of their removal from the State, or destruction, and shall not be entitled to any compensation from the State.
6 V.S.A. § 645 — VT Code / Title 6 / Chapter 35 / Section 645
§ 645. Records
Status: in_force

Each person whose name appears on a label as handling agricultural, flower, or vegetable seed subject to this subchapter shall keep for a period of two years complete records of each lot of agricultural, flower, and vegetable seed handled and keep for one year a file sample of each lot of seed after final disposition of the lot. All records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Secretary during customary business hours under section 643 of this title.
6 V.S.A. § 4849 — VT Code / Title 6 / Chapter 215 / Section 4849
§ 4849. Recycling animal waste nutrients
Status: in_force

In order to best use the nutrients of animal waste generated by farm operations, the Agency of Agriculture, Food and Markets together with the Department of Public Service shall use available resources to inform farm operations of appropriate methods and resources available to digest and compost their animal wastes and to capture methane for beneficial uses.
6 V.S.A. § 4604 — VT Code / Title 6 / Chapter 207 / Section 4604
§ 4604. Legislative intent
Status: in_force

It is the intent of the General Assembly in adopting this subchapter to create a working lands enterprise board to administer a fund and develop policy recommendations to:

(1) Stimulate a concerted economic development effort on behalf of Vermont's agriculture and forest product sectors by systematically advancing entrepreneurism, business development, and job creation.

(2) Recognize and build on the similarities and unique qualities of Vermont's agriculture and forest product sectors.

(3) Increase the value of Vermont's raw and value-added products through the development of in-state and export markets.

(4) Attract a new generation of entrepreneurs to Vermont's farm, food system, forest, and value-added chain by facilitating more affordable access to the working landscape.

(5) Provide assistance to agricultural and forest product businesses in navigating the regulatory process.

(6) Use Vermont's brand recognition and reputation as a national leader in food systems development, innovative entrepreneurism, and as a “green” state to leverage economic development and opportunity in the agriculture and forest product sectors.

(7) Promote the benefits of Vermont's working lands, from the economic value of raw and value-added products to the public value of ecological stability, land stewardship, recreational opportunities, and quality of life.

(8) Increase the amount of State investment in working lands enterprises, particularly when it leverages private and philanthropic funds.

(9) Support the people and businesses that depend on Vermont's renewable land-based resources and the sustainable and productive use of the land by coordinating and integrating financial products and programs.

(10) Provide priority funding to agricultural and forest product enterprises. The priority for funding agricultural and forest product enterprises is not intended to exclude funding for technical assistance that directly supports enterprise development.
6 V.S.A. § 912 — VT Code / Title 6 / Chapter 81 / Section 912
§ 912. Administration
Status: in_force

Jurisdiction in all matters pertaining to the distribution, sale, and transportation of economic poisons is by this chapter vested exclusively in the Secretary.
6 V.S.A. § 2751 — VT Code / Title 6 / Chapter 151 / Section 2751
§ 2751. Unfair discrimination
Status: in_force

A handler doing business in this State and engaged in the business of buying dairy products for the purpose of manufacture or sale who, or whose agents, officers, or employees, shall begin or continue such methods or practices as to create a monopoly, or to restrain trade or to prevent or limit competition or to destroy the business of a competitor, or to destroy or affect adversely the operations of a producers' cooperative bargaining or marketing association organized under the Vermont cooperative marketing act, 11 V.S.A. chapter 7, subchapter 2 or similar laws of another state and doing business in Vermont, shall discriminate between different sections, communities, localities, cities, or towns of this State by purchasing such commodity at a higher price or rate in one section, community, location, city, or town than is paid for the same commodity by such person, firm, handler, association, or corporation in another section, community, locality, city, or town after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase to the point of manufacture or sale, or who shall so discriminate between different persons in the same section, community, location, city, or town by purchasing such commodity at a lower price from one person than paid for the same commodity to another person after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase to the point of manufacture, or who shall so discriminate between different persons by refusing to purchase, within the limits of its actual requirements, such commodities from a person, or his or her agent, offering the same for sale, on the ground that such person has executed a marketing contract with a cooperative marketing association by the terms of which such cooperative marketing association has been designated the marketing agent of such person for such commodities, or who shall intimidate or attempt to intimidate members of such a producers' cooperative bargaining association for the purpose of causing them to withdraw from such membership or who shall intimidate or attempt to intimidate producers of dairy products for the purpose of preventing them from joining such an association shall be deemed guilty of unfair discrimination. It shall not be necessary to prove intent in reference to the methods or practices prohibited in this section, nor shall this section be construed to prevent milk handlers from paying and milk producers who have installed farm bulk tanks from receiving such payments in addition to the payment for can milk as may be mutually agreed upon.
6 V.S.A. § 175 — VT Code / Title 6 / Chapter 21 / Section 175
§ 175. Revocation of right to use brands, labels, or trademarks
Status: in_force

The Secretary may revoke or suspend the right to use such brands, labels, or trademarks whenever it appears on investigation that they have been used to identify farm products not in fact conforming to the grade indicated.
6 V.S.A. § 231 — VT Code / Title 6 / Chapter 23 / Section 231
§ 231. Definition
Status: in_force

The word “person,” as used in this chapter, shall include corporations, companies, societies, and associations. The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within the scope of his or her employment or office, shall also be deemed to be the act, omission, or failure of such corporation, company, society, or association.
6 V.S.A. § 922 — VT Code / Title 6 / Chapter 81 / Section 922
§ 922. Disposition after condemnation
Status: in_force

If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds, if such article is sold, less legal costs, shall be paid to the State Treasurer, provided that the article shall not be sold contrary to the provisions of this chapter and provided further that, upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court may direct that the article be delivered to the owner thereof for relabeling or reprocessing as the case may be. When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.
6 V.S.A. § 334 — VT Code / Title 6 / Chapter 26 / Section 334
§ 334. Cooperation with other entities
Status: in_force

The Secretary may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.
6 V.S.A. § 1164 — VT Code / Title 6 / Chapter 102 / Section 1164
§ 1164. Civil penalties
Status: in_force

(a) A person who violates any provision of this chapter or the rules adopted under this chapter or who commits any of the acts described in section 1163 of this title shall be assessed an administrative penalty under section 15 of this title. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct offense.

(b) The Secretary may, in the name of the Agency of Agriculture, Food and Markets, obtain a temporary or permanent injunction to restrain a violation of this chapter.

(c) After notice and opportunity for hearing, the Secretary may suspend or revoke any license issued pursuant to chapter 63 of this title for any violation of this chapter.
6 V.S.A. § 1082 — VT Code / Title 6 / Chapter 85 / Section 1082
§ 1082. Mosquito and biting arthropod control by Agency
Status: in_force

The Secretary of Agriculture, Food and Markets shall, when funds are available, consider and study mosquito and other biting arthropod control problems; coordinate plans for mosquito and other biting arthropod control work that may be projected by groups, organizations, towns, or towns initiating joint compacts as provided under 24 V.S.A. chapter 121; and arrange, so far as possible, cooperation among State departments and with federal government agencies in the mosquito and other biting arthropod control operations within the State.
6 V.S.A. § 2681 — VT Code / Title 6 / Chapter 151 / Section 2681
§ 2681. Additives
Status: in_force

The Secretary may, in accordance with 3 V.S.A. chapter 25, adopt a list of food grade additives that may be added to milk. The additives used in milk sold in retail packages shall be conspicuously stated in descending order of volume on the label of the package in a manner approved by the Secretary.
6 V.S.A. § 2925 — VT Code / Title 6 / Chapter 161 / Section 2925
§ 2925. Minimum producer price regulation
Status: repealed

(a) The Commission may make, rescind, or amend an order regulating minimum producer prices if the Commission finds that the federal milk marketing order minimum price is adequate or inadequate as the case may be to ensure that the price paid to dairy producers will cover the costs of milk production and provide a reasonable economic return to dairy producers sufficient to ensure a stable milk production and distribution system in Vermont.

(b) In setting equitable minimum prices, the Commission may investigate and ascertain what are reasonable costs and charges for producing, hauling, handling, processing, and any other services performed in respect to dairy products. The Commission shall take into consideration the balance between production and consumption of dairy products, the costs of production and distribution, the purchasing power of the public, and the price necessary to yield a reasonable return to the producers, handlers, and distributors.

(1) Minimum producer prices may be based on the producer prices prevailing in federal market order I and reflect as accurately as possible the costs of production in Vermont. The prices should also reflect, within constitutional limitations, the competitive position of Vermont producers within the market order. Minimum producer prices should also reflect the actual rate of return received by distributors or handlers, whichever is greater, as determined by the Commission.

(2) Minimum retail prices should reflect the lowest price at which milk purchased from producers can be received, processed, packaged, and distributed by handlers and distributors at a just and reasonable return.

(3) In establishing minimum producer and retail prices, the Commis- sion shall make applicable findings regarding the competitive position of producers and their costs, handler and distributor costs, reasonable rates of return, and actual handler and distributor rates of return.

(c) Prices so established need not be uniform in all markets and may be changed from time to time after such notice and public hearing as deemed by the Commission to be in the public interest.

(d) Nothing in this section shall be construed to prohibit a producers cooperative from blending the proceeds from the sale of its milk in all markets and all classifications, and distributing such to its members in accordance with the contract with its members, or from making deductions from sums due members of such sums as may be authorized by the membership to be so deducted.

(e) This chapter shall apply to milk produced outside the State subject to regulation by the State in the exercise of its constitutional police powers. Any sale or purchase by distributors or handlers of such milk within this State at a price less than a regulated minimum price shall be unlawful.

(f),(g) [Repealed.]
6 V.S.A. § 1805 — VT Code / Title 6 / Chapter 141 / Section 1805
§ 1805. Voting requirements
Status: in_force

All actions taken by the Commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment, or rescission of the Commission's bylaws, shall be by majority vote of the delegations present. Establishment or termination of an over-order price or commission marketing order shall require at least two-thirds vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the Commission's business.
6 V.S.A. § 5102 — VT Code / Title 6 / Chapter 217 / Section 5102
§ 5102. Beneficial habitat standard
Status: in_force

(a) This section establishes a standard for owners that intend to claim that, through the voluntary planting and management of vegetation, a solar site provides greater benefits to pollinators and shrub-dependent birds than are provided by solar sites not so managed.

(b) In order for the solar site to meet the beneficial habitat standard and for the owner of a solar site to claim that the solar site is beneficial to those species or is pollinator-friendly, all the following shall apply:

(1) The owner adheres to guidance set forth by the Pollinator-Friendly Scorecard (Scorecard) published by the University of Vermont (UVM) Extension.

(2) The owner shall make the solar site's completed Scorecard available to the public and provide a copy of the completed Scorecard to the UVM Extension.

(3) If the site has a vegetation management plan:

(A) The plan shall maximize the use of native and naturalized perennial vegetation for foraging habitat beneficial to pollinators consistent with the solar site's Scorecard.

(B) The owner shall make the vegetation management plan available to the public and provide a copy of the plan to the UVM Extension.

(4) When establishing perennial vegetation and beneficial foraging habitat, the solar site shall use native and naturalized plant species and seed mixes whenever practicable.

(c) Nothing in this chapter affects any findings that must be made in order to issue a State permit or other approval for a solar site or the duty to comply with any conditions in such a permit or approval.
6 V.S.A. § 916 — VT Code / Title 6 / Chapter 81 / Section 916
§ 916. Cooperation with State and federal agencies
Status: in_force

The Secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this State, the U.S. Department of Agriculture or Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of rules.
6 V.S.A. § 1105c — VT Code / Title 6 / Chapter 87 / Section 1105c
§ 1105c. Neonicotinoid pesticides; prohibited uses
Status: in_force

(a) The following uses of neonicotinoid pesticides are prohibited:

(1) the outdoor application of neonicotinoid pesticides to any crop during bloom;

(2) the outdoor application of neonicotinoid pesticides to soybeans or any crop in the cereal grains crop group (crop groups 15, 15-22, 16, and 16-22);

(3) the outdoor application of neonicotinoid pesticides to crops in the leafy vegetables; brassica; bulb vegetables; herbs and spices; and stalk, stem, and leaf petiole vegetables crop groups (crop groups 3, 3-07, 4, 4-16, 5, 5-16, 19, 22, 25, and 26) harvested after bloom; and

(4) the application of neonicotinoid pesticides to ornamental plants.

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

(1) a valid environmental emergency or agricultural emergency exists;

(2) the pesticide would be effective in addressing the environmental emergency or the agricultural emergency; and

(3) no other, less harmful pesticide or pest management practice would be effective in addressing the environmental emergency or the agricultural emergency.

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

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

(2) specify the neonicotinoid pesticides, uses, and crops, or plants to which the exemption order applies; the date on which the exemption order takes effect; the exemption order's duration; and the exemption order's geographic scope, which may include specific farms, fields, or properties; and

(3) provide a detailed evaluation determining that an agricultural emergency or an environmental emergency exists.

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

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

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

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

(f) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary of Natural Resources, may rescind any written exemption order issued under subsection (b) of this section at any time. Such rescission shall come into effect not sooner than 15 days after its issuance.
6 V.S.A. § 4817 — VT Code / Title 6 / Chapter 215 / Section 4817
§ 4817. Management of non-sewage waste
Status: in_force

(a) As used in this section:

(1) “Non-sewage waste” means any waste other than sewage that may contain organisms pathogenic to human beings but does not mean stormwater runoff.

(2) “Sewage” means waste containing human fecal coliform and other potential pathogenic organisms from sanitary waste and used water from any building, including carriage water and shower and wash water. “Sewage” does not mean stormwater runoff as that term is defined in 10 V.S.A. § 1264.

(b) The Secretary may require a person transporting or arranging for the transport of non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to obtain approval from the Secretary prior to transporting the non-sewage waste to the farm. The Secretary may require a person to report to the Secretary at a designated time one or more of the following:

(1) the composition of the material transported to the farm, including the source of the material; and

(2) the volume of the material transported to a farm.

(c) After receipt of a report required under subsection (b) of this section, the Secretary may prohibit the import of non-sewage waste onto a farm upon a determination that the import of the material would violate the nutrient management plan for the farm or otherwise present a threat to water quality.
6 V.S.A. § 4025 — VT Code / Title 6 / Chapter 206 / Section 4025
§ 4025. Shipments by nursery dealers to be accompanied by inspection certificates
Status: in_force

Whenever a nursery dealer or nursery grower licensed under this chapter ships or delivers any nursery stock grown within this State, he or she shall include with each shipment a copy of the inspection certificate issued by the Secretary, or an approved facsimile, stating that the nursery dealer or nursery grower is licensed and has been inspected and approved as required by this chapter and the nursery stock is believed to be free from injurious pests or plant diseases.
6 V.S.A. § 921 — VT Code / Title 6 / Chapter 81 / Section 921
§ 921. Seizure and condemnation
Status: in_force

Any economic poison that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be liable to be proceeded against in any Superior Court of the State where it may be found and seized for confiscation by process of libel for condemnation:

(1) if it is adulterated or misbranded;

(2) if it has not been registered under the provisions of section 918 of this title;

(3) if it fails to bear on its label the information required by this chapter; or

(4) if it is a white powder economic poison and is not colored as required under this chapter.
6 V.S.A. § 1163 — VT Code / Title 6 / Chapter 102 / Section 1163
§ 1163. Additional violations
Status: in_force

(a) A person who knowingly commits any of the following acts shall be assessed an administrative penalty under section 15 of this title for:

(1) transporting an animal affected with, or exposed to, a contagious disease without first obtaining the permission of the Secretary;

(2) interfering with any animal disease test conducted pursuant to this chapter;

(3) advertising, selling, or offering for sale as tested under State or federal supervision any domestic animal that does not come from herds that are under State or federal supervision;

(4) failing to report the discovery of a reportable disease as required by section 1162 of this title; or

(5) interfering with or hindering the work of the Secretary or his or her agents pursuant to this chapter.

(b) A person who knowingly commits any of the following acts shall be imprisoned not more than two years or fined not more than $15,000.00, or both, for:

(1) importing into this State any animal infected with or exposed to a contagious disease; or

(2) selling or offering for sale for food purposes any animal or animal carcass condemned under the provisions of this chapter, unless the animal is inspected and approved for use as human food by an agent of the Secretary or the U.S. Department of Agriculture.
6 V.S.A. § 377 — VT Code / Title 6 / Chapter 28 / Section 377
§ 377. Appeal
Status: in_force

Any party adversely affected by a decision of the Secretary made pursuant to section 372, 374, or 375 of this title may appeal questions of law to a Superior Court.
6 V.S.A. § 4818 — VT Code / Title 6 / Chapter 215 / Section 4818
§ 4818. Farming; scope of activities
Status: in_force

(a) As used to determine the scope of nuisance protection in 12 V.S.A. chapter 195, “agricultural activities” shall include “farming” as defined in this title.

(b) For purposes of the application of 12 V.S.A. § 5753, all “agricultural activities” defined in this chapter, subject to the limitations and requirements set forth in 12 V.S.A. § 5753, are entitled to the rebuttable presumption that they do not constitute a nuisance.
6 V.S.A. § 769 — VT Code / Title 6 / Chapter 63 / Section 769
§ 769. Cancellation of license
Status: in_force

Failure of any livestock dealer, transporter, or packer to abide by the terms of this chapter, or of any of the State or federal laws, rules, or regulations relating to livestock, or of a procedure that the Secretary of Agriculture, Food and Markets adopts as necessary to prevent the spread of disease shall be deemed sufficient cause after notice and hearing for the cancellation of a license issued under section 762 of this title.
6 V.S.A. § 12 — VT Code / Title 6 / Chapter 1 / Section 12
§ 12. Search warrants
Status: in_force

(a) Upon application by the Secretary or a person designated by the Secretary, a District or Superior Court judge shall, upon a finding of probable cause, issue an administrative search warrant to search property for violation of any provision of this title, 9 V.S.A. chapter 73, or any other law administered by the Secretary of Agriculture, Food and Markets. A court may find that probable cause for an administrative search warrant under this section exists when:

(1) the Secretary or a person designated by the Secretary has reason to believe that a provision of this title, 9 V.S.A. chapter 73, or any other law administered by the Secretary has been violated; or

(2) permission to inspect has been refused and the property to be searched is subject to routine inspections in connection with a regulatory program administered by the Secretary of Agriculture, Food and Markets.

(b) The provisions of Rule 41(c) and (d) of the Vermont Rules of Criminal Procedure shall apply to warrants issued under this section.
6 V.S.A. § 1112 — VT Code / Title 6 / Chapter 87 / Section 1112
§ 1112. Licensing pesticide applicators; pesticide companies; dealers
Status: in_force

(a) The Secretary may adopt rules requiring persons selling Class A and B pesticides to be licensed under this chapter. In addition, the Secretary may adopt rules requiring companies that hire applicators or conduct pesticide applications to be licensed and applicators who use pesticides to be certified under this chapter. The Secretary may establish reasonable requirements for obtaining licenses and certificates. The fees for dealers, licensed companies, and applicator certificates under this chapter shall be as follows:

(1) Class A Dealer License—$50.00;

(2) Class B Dealer License—$50.00;

(3) Pesticide Company License—$75.00;

(4) Commercial and Noncommercial Applicator Certification fee— $30.00 per category or subcategory with a maximum of $120.00;

(5) second and third time examination fee for dealer licenses and applicator certification—$25.00;

(6) Private Applicator—$25.00; and

(7) State Government, Municipal, and Public Education Institution Applicators—$30.00.

(b) All license and certification fees shall be for one year or any part thereof for each dealer, licensed pesticide applicator company, or certified commercial and noncommercial applicator. The license and certification period shall be January 1 to December 31.

(c) Notwithstanding the fees provided in subsection (a) of this section, the Secretary shall exempt the federal government and its agencies and instrumentalities from license and certification fees.

(d) The Secretary may charge a fee of up to $75.00 to applicants who prefer to utilize an electronic or alternate testing service for their pesticide certification or licensing examinations. The Secretary may contract with a vendor to administer examinations. The Secretary shall continue to administer in-person examinations that do not include any additional fee for an electronic or alternate testing service.
6 V.S.A. § 1084 — VT Code / Title 6 / Chapter 85 / Section 1084
§ 1084. Employees; equipment; entry on lands
Status: in_force

The Secretary may employ one or more trained persons to carry out provisions of section 1083 of this title and procure such equipment as is necessary. The Secretary or duly authorized agents of the Secretary may enter upon any lands in the State making the aforementioned surveys, investigations, and studies.
6 V.S.A. § 2852 — VT Code / Title 6 / Chapter 155 / Section 2852
§ 2852. Rules
Status: in_force

The Secretary of Agriculture, Food and Markets may adopt rules establishing, for frozen desserts and frozen dessert mixes, reasonable standards as to identity, quality, and fill of container. The Secretary may adopt rules setting bacteriological standards and governing the sanitary requirements relative to the manufacture, distribution, and sale of all such food products. No rules may be adopted without due notice and public hearing.
6 V.S.A. § 856 — VT Code / Title 6 / Chapter 66 / Section 856
§ 856. Enforcement; corrective actions
Status: in_force

When the Secretary of Agriculture, Food and Markets determines that a person is violating the rules listed in section 852 of this title, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this section shall include:

(1) a description of the alleged violation;

(2) identification of this section;

(3) identification of the applicable rule violated; and

(4) the required corrective action that the person shall take to correct the violation.
6 V.S.A. § 1476 — VT Code / Title 6 / Chapter 107 / Section 1476
§ 1476. Misuse or removal of official identification devices
Status: in_force

A person who, without authority from the Secretary, removes or causes to be removed from an animal any official identification device as defined in 9 C.F.R. § 86.1, or otherwise misuses or causes an official identification device to be misused, may be imprisoned for not more than one year or fined not more than $1,000.00, or both.
6 V.S.A. § 482 — VT Code / Title 6 / Chapter 32 / Section 482
§ 482. Enforcement; inspectors
Status: in_force

(a) The Secretary shall enforce the provisions of this chapter. He or she may appoint one or more inspectors who shall be authorized to enforce the provisions of this chapter.

(b) The Secretary shall pay any such inspectors their salaries and necessary expenses incurred in the performance of their duties from the monies annually allocated to the Agency.
6 V.S.A. § 3310 — VT Code / Title 6 / Chapter 204 / Section 3310
§ 3310. Additional prohibited acts: labeling; denaturing; dealing in dead, dying, disabled, and diseased animals; licensing
Status: in_force

(a) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of these carcasses, or the meat or meat food products of these carcasses, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules prescribed by the Secretary to show the kinds of animals from which they were derived.

(b) No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any livestock products or poultry products that are not intended for use as human food, unless they are denatured or otherwise identified as required by the rules of the Secretary or are naturally inedible by humans.

(c) No person engaged in the business of buying, selling, or transporting in intrastate commerce, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died other than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation in commerce, any dead, dying, disabled, or diseased livestock or poultry or the products of any of these animals that died other than by slaughter, unless the transaction or transportation is made in accordance with rules that the Secretary may prescribe to ensure that the animals, or the unwholesome parts or products, will be prevented from being used for human food purposes.

(d) No person shall engage in the business of buying, selling, preparing, processing, packing, storing, transporting, or otherwise handling meat, meat food products, or poultry products, unless that person holds a valid license issued in accordance with section 3306 of this title.
6 V.S.A. § 236 — VT Code / Title 6 / Chapter 23 / Section 236
§ 236. Marks on containers as to weight, measure, or count
Status: in_force

The provisions of 9 V.S.A. chapter 73 shall apply to this chapter.
6 V.S.A. § 4995 — VT Code / Title 6 / Chapter 215 / Section 4995
§ 4995. Civil enforcement
Status: in_force

(a) The Secretary may bring an action in the Civil Division of the Superior Court to enforce the requirements of this chapter, or rules adopted under this chapter, or any permit or certification issued under this chapter, to ensure compliance and to obtain penalties in the amounts described in subsection (b) of this section. The action shall be brought by the Attorney General in the name of the State.

(b) The court may grant temporary and permanent injunctive relief and may:

(1) Enjoin future activities.

(2) Order corrective actions to be taken to mitigate or curtail any violation and to protect human health or the environment, including a requirement that the owner or operator of a farm sell or otherwise remove livestock from the farm or production area when the volume of wastes produced by livestock exceeds the infrastructure capacity of the farm or its production area to manage the waste or waste leachate to prevent runoff or leaching of wastes to waters of the State or groundwater as required by the standards in this chapter.

(3) Order the design, construction, installation, operation, or maintenance of facilities designed to mitigate or prevent a violation of this chapter or to protect human health or the environment or designed to ensure compliance.

(4) Fix and order compensation for any public or private property destroyed or damaged.

(5) Revoke coverage under any permit or certification issued under this chapter.

(6) Order reimbursement from any person who caused governmental expenditures for the investigation, abatement, mitigation, or removal of a hazard to human health or the environment.

(7) Levy a civil penalty as provided in this subdivision. A civil penalty of not more than $85,000.00 may be imposed for each violation. In addition, in the case of a continuing violation, a penalty of not more than $42,500.00 may be imposed for each day the violation continues. In fixing the amount of the penalty, the court shall apply the criteria set forth in subsections (e) and (f) of this section. The cost of collection of penalties or other monetary awards shall be assessed against and added to a penalty assessed against a respondent.

(c)(1) In any civil action brought under this section in which a temporary restraining order or preliminary injunction is sought, relief shall be obtained upon a showing that there is the probability of success on the merits and that:

(A) a violation exists; or

(B) a violation is imminent and substantial harm is likely to result.

(2) In a civil action brought under this section in which a temporary restraining order or preliminary injunction is sought, the Secretary need not demonstrate immediate and irreparable injury, loss, or damage.

(d) Any balancing of the equities in actions under this section may affect the time by which compliance shall be attained but not the necessity of compliance within a reasonable period of time.

(e)(1) In determining the amount of the penalty provided in subsection (b) of this section, the court shall consider the following:

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

(B) the presence of mitigating circumstances, including unreasonable delay by the Secretary in seeking enforcement;

(C) whether the respondent knew or had reason to know the violation existed;

(D) the respondent's record of compliance;

(E) the deterrent effect of the penalty;

(F) the State's actual costs of enforcement; and

(G) the length of time the violation has existed.

(2) In determining the amount of the penalty provided in subsection (b) of this section, the court may consider additional relevant factors.

(f) In addition to any penalty assessed under subsection (b) of this section, the Secretary may also recapture economic benefit resulting from a violation.
6 V.S.A. § 4988 — VT Code / Title 6 / Chapter 215 / Section 4988
§ 4988. Certification of custom applicator
Status: in_force

(a) On or before July 1, 2016, as part of the revision of the Required Agricultural Practices, the Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a custom applicator shall be certified to operate within the State. The certification process shall require a custom applicator to complete eight hours of training over each five-year period regarding:

(1) application methods or techniques to minimize the runoff of land-applied manure or agricultural waste to waters of the State; and

(2) identification of weather or soil conditions that increase the risk of runoff of land-applied manure or agricultural waste to waters of the State.

(b) A custom applicator shall not apply manure or agricultural waste unless certified by the Secretary of Agriculture, Food and Markets.

(c) A custom applicator certified under this section shall train seasonal employees in methods or techniques to minimize runoff to surface waters and to identify weather or soil conditions that increase the risk of runoff. A custom applicator that trains a seasonal employee under this subsection shall be liable for damages done and liabilities incurred by a seasonal employee who improperly applies manure or agricultural waste.

(d) The requirements of this section shall not apply to:

(1) an owner or operator of a farm applying manure or agricultural waste to a field that he or she owns or controls; or

(2) application of manure or agricultural waste by a farm owner or operator on a field of another farm owner or operator when the total annual volume applied is less than 50 percent of the annual manure or agricultural waste by volume generated on the farm where the manure or agricultural waste is spread, provided that the Secretary may approve the application of more than 50 percent of the annual manure or agricultural waste generated on a farm by another farm operator when circumstances require and application of the manure or agricultural waste would not pose a significant potential of discharge or runoff to State waters.

(e) The Secretary may require any person applying manure or agricultural waste under subdivision (d)(2) of this section to comply with the requirement for certification of a custom applicator.
6 V.S.A. § 369 — VT Code / Title 6 / Chapter 28 / Section 369
§ 369. Adulteration
Status: in_force

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

(1) it contains any deleterious or harmful ingredient in an amount sufficient to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label, or if uses of the product may result in contamination or condemnation of a raw agricultural commodity by use, or if adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown on the label;

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

(3) it contains crop seed or weed seed; or

(4) it contains heavy metals, radioactive substances, or synthetic organics in amounts sufficient to render it injurious to livestock or human health when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect livestock or human health are not shown on the label.
6 V.S.A. § 6 — VT Code / Title 6 / Chapter 1 / Section 6
§ 6. Combined licenses
Status: in_force

The Secretary of Agriculture, Food and Markets shall publish a combined application and shall issue a combined license for any person desiring to be licensed under more than one of the following provisions: retail vendors licensed under sections 1109, 2723a, 2855, and 3306 of this title and 9 V.S.A. § 2730. The license fee for the combined license shall not exceed the amount charged if each license were granted separately. Combined licenses shall expire and be renewed annually on January 1 of each year. Except as otherwise provided by statute, all fees collected under this combined license shall be deposited in the weights and measures special fund provided for under 9 V.S.A. § 2632(b) for use in administering this combined license and carrying out inspections associated with compliance. (1971, No. 177 (Adj. Sess.), § 6, eff. Jan. 1, 1973; amended 1985, No. 226 (Adj. Sess.), § 4, eff. June 2, 1986; 1991, No. 79, § 1; 1995, No. 128 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 2760 — VT Code / Title 6 / Chapter 151 / Section 2760
§ 2760. Substantial State interest
Status: in_force

(a) Role of state government. The Vermont General Assembly finds, as does the U.S. Food and Drug Administration, that the states under our federal system of government have traditionally undertaken the role of overseeing milk production. The Vermont General Assembly also finds that the intent of the U.S. Food and Drug Administration is to rely primarily on state governments to validate rbST labeling claims regarding milk and dairy products and to ensure that such claims are truthful and not misleading.

(b) State policy. It is the policy of this State:

(1) that Vermont citizens should have an opportunity to choose to consume milk or dairy products that have not had rbST used in their production (“rbST-free”), based on truthful and nonmisleading product labeling;

(2) that Vermont dairy product manufacturers who want to sell rbST-free products in Vermont or out of state should be able to do so, based on a State-sanctioned process for certifying rbST-free labeling claims;

(3) that the economic health and vitality of the Vermont dairy industry is critical to the health of the overall Vermont economy, which depends in part on the high reputation of Vermont farmers and their dairy products, and the associated goodwill toward other Vermont enterprises, and that this economic asset should not be jeopardized by consumer doubts about the integrity of Vermont milk or dairy products caused by false, misleading, or unverifiable rbST-free labeling claims; and

(4) to support the right of Vermont dairy farmers to choose to use rbST, and of rbST manufacturers and suppliers to sell their product to Vermont dairy farmers.

(c) Substantial State interest. Therefore, the Vermont General Assembly:

(1) finds a substantial State interest in ensuring the availability of milk and dairy product labeling information that is accurate and nonmisleading, and in which Vermont and out-of-state consumers can place their confidence; and

(2) seeks to serve this interest through this subchapter by:

(A) authorizing a program of voluntary labeling of milk and dairy products that have not had rbST used in their production; and

(B) providing for the verification of claims that rbST has not been used in the production of milk or dairy products offered for sale in Vermont; but

(C) without unduly intruding into the businesses of Vermont dairy farmers who choose to use rbST, or of rbST manufacturers or suppliers who choose to sell their product to Vermont dairy farmers.
6 V.S.A. § 121 — VT Code / Title 6 / Chapter 5 / Section 121
§ 121. Creation and purpose
Status: in_force

There is created within the Agency of Agriculture, Food and Markets a central testing laboratory for the purpose of providing agricultural, environmental, and other necessary testing services.
6 V.S.A. § 4989 — VT Code / Title 6 / Chapter 215 / Section 4989
§ 4989. Certification of nutrient management plan technical service providers
Status: in_force

(a) The Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a nutrient management technical service provider shall be certified to operate within the State. The certification process shall require a nutrient management technical service provider to complete eight hours of training over each five-year period regarding:

(1) calculating manure and agricultural waste generation;

(2) taking soil and manure samples;

(3) identifying and creating maps of all natural resource features;

(4) use of erosion calculation tools;

(5) reconciling plans using records;

(6) use of nutrient index tools; and

(7) requirements within the Required Agricultural Practices, Medium Farm Operation rules and general permit, and Large Farm Operation rules.

(b) Beginning 45 days after the effective date of the rule adopted by the Secretary of Agriculture, Food and Markets under subsection (a) of this section to regulate nutrient management technical service providers, a nutrient management technical service provider shall not create a nutrient management plan for a farm unless certified by the Secretary of Agriculture, Food and Markets.
6 V.S.A. § 3 — VT Code / Title 6 / Chapter 1 / Section 3
§ 3. Duties of Secretary generally; educational work
Status: in_force

The Secretary shall promote the agricultural interests and education throughout the State by means of institutes, farmers' meetings, lectures, essays, bulletins, crop reports, nature leaflets, and such other means as he or she deems advisable. Subject to the approval of the Governor, he or she may employ assistants, lecturers, essayists, and experts in conducting meetings, in the preparation of bulletins and crop reports, and in the proper discharge of his or her duties. Such educational work shall include, among other topics, tree planting, roads, and road making. Lectures and essays shall be given and institutes and meetings held at such places and times as the Secretary deems advisable.
6 V.S.A. § 4963 — VT Code / Title 6 / Chapter 215 / Section 4963
§ 4963. Regenerative farming; Vermont Environmental Stewardship Program
Status: in_force

(a) Establishment of Program. There is created within the Agency of Agriculture, Food and Markets the Vermont Environmental Stewardship Program (VESP) to provide technical and financial assistance to Vermont farmers seeking to implement regenerative farming practices to achieve certification as a Certified Vermont Environmental Steward.

(b) Program standards; application. The Secretary of Agriculture, Food and Markets shall establish by procedure standards for certification as a Certified Environmental Steward. Application for certification shall be made in the manner required by the Secretary of Agriculture, Food and Markets.

(c) Program services. The VESP shall provide the following services to farmers voluntarily seeking to transition to achieve certification as a Certified Vermont Environmental Steward:

(1) information and education regarding the requirements for certification, including the method, timeline, and process of certification;

(2) technical assistance in completing any required application for certification;

(3) technical assistance in developing plans and implementing practices to achieve certification from the VESP; and

(4) technical assistance in complying with the requirements of the VESP after a farm is certified.

(d) Financial assistance; eligibility. An owner or operator of a farm participating in the VESP shall be eligible for financial assistance from existing Agency of Agriculture, Food and Markets financial assistance programs for costs incurred in implementing any of the practices required for certification as a Certified Environmental Steward.

(e) Revocation of certification. The Secretary may, after due notice and hearing, revoke a certification issued under this section when the owner or operator of a certified farm fails to comply with the standards for certification established under subsection (b) of this section.

(f) Administrative penalty; falsely advertising. The Secretary may assess an administrative penalty of up to $1,000.00 against the owner or operator of a farm who knowingly advertises as a Certified Environmental Steward when not certified by the Secretary.
6 V.S.A. § 2921 — VT Code / Title 6 / Chapter 161 / Section 2921
§ 2921. Declaration of policy and purpose
Status: in_force

(a) It is hereby declared by the General Assembly that dairy farming is of paramount importance in helping to maintain a strong economy and in preserving the State's remaining rural character; that dairy farming at present is in serious jeopardy because of the rapidly declining price of milk being paid to producers while corresponding costs of production remain the same or increase; that the federal milk marketing order minimum price for milk is now and may be in the future inadequate to cover the costs of milk production and provide for a reasonable economic return to dairy producers; that the entire distribution structure of the milk industry is threatened; and that Vermont should ensure that there is an adequate supply of milk for the consuming public both inside and outside Vermont. The General Assembly also reaffirms and restates its findings and statement of policy as set forth in section 2671 of this title. Due to the uncertainty in the federal market order structure and marked fluctuations in market order prices, the dairy industry of the State is imperiled, which is a menace to the health, welfare, and reasonable comfort of the inhabitants of the State.

(b) The general purposes of this subchapter are to protect and promote the public welfare by ensuring at all times an adequate supply of clean, pure milk and cream of proper quality to meet the needs of the inhabitants of this State and to ensure the continuing economic vitality of the dairy industry by stabilizing the price received by farmers for their milk at a level allowing them an equitable rate of return. These purposes are to be accomplished through regulation of the milk-marketing industry, and through control in general, consistent with constitutional limitations, of the price of all fluid dairy products sold or offered or exposed for sale to the inhabitants of this State and by Vermont farmers, to the end that the public health and economic welfare of the State shall not be menaced or jeopardized.
6 V.S.A. § 1101 — VT Code / Title 6 / Chapter 87 / Section 1101
§ 1101. Definitions
Status: in_force

As used in this chapter unless the context clearly requires otherwise:

(1) “Secretary” has the same meaning stated in subdivision 911(4) of this title.

(2) “Cumulative” when used in reference to a substance means that the substance so designated has been demonstrated to increase twofold or more in concentration if ingested or absorbed by successive life forms.

(3) “Dealer or pesticide dealer” means any person who regularly sells pesticides in the course of business, but not including a casual sale.

(4) “Economic poison” has the same meaning stated in subdivision 911(5) of this title.

(5) “Pest” means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or viruses, bacteria, or other microorganisms that the Secretary declares as being injurious to health or environment. “Pest” does not mean any viruses, bacteria, or other microorganisms on or in living humans or other living animals.

(6) “Pesticide” for the purposes of this chapter is used interchangeably with “economic poison.”

(7) “Treated article” means a pesticide or class of pesticides exempt under 40 C.F.R. § 152.25(a) from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136-136y.

(8) “Neonicotinoid pesticide” means any economic poison containing a chemical belonging to the neonicotinoid class of chemicals.

(9) “Neonicotinoid treated article seeds” are treated article seeds that are treated or coated with a neonicotinoid pesticide.

(10) “Agricultural commodity” means any food in its raw or natural state, including all fruits or vegetables that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

(11) “Agricultural emergency” means an occurrence of any pest that presents an imminent risk of significant harm, injury, or loss to agricultural crops.

(12) “Bloom” means the period from the onset of flowering or inflorescence until petal fall is complete.

(13) “Crop group” means the groupings of agricultural commodities specified in 40 C.F.R. § 180.41(c) (2023).

(14) “Environmental emergency” means an occurrence of any pest that presents a significant risk of harm or injury to the environment, or significant harm, injury, or loss to agricultural crops, including any exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the Secretary of Agriculture, Food and Markets.

(15) “Ornamental plants” mean perennials, annuals, and groundcover purposefully planted for aesthetic reasons.
6 V.S.A. § 2776 — VT Code / Title 6 / Chapter 152 / Section 2776
§ 2776. Definitions
Status: in_force

As used in this chapter:

(1) “Consumer” means a customer who purchases, barters for, receives delivery of, or otherwise acquires unpasteurized milk according to the requirements of this chapter.

(2) “Milk” has the same meaning as set forth in section 2672 of this title.

(3) “Personal consumption” means the use by a consumer of unpasteurized milk for food or to create a food product made with or from unpasteurized milk that is intended to be ingested by the consumer, members of his or her household, or any nonpaying guests.

(4) “Unpasteurized milk” or “unpasteurized (raw) milk” means milk that is unprocessed.

(5) “Unprocessed” means milk that has not been modified from the natural state it was in as it left the animal, other than filtering, packaging, and cooling.

(6) “Community-supported agriculture organization” or “CSA organization” means a farm or group of farms each subject to regulation under the Required Agricultural Practices that as part of the business of the farm stand or CSA organization grow, raise, or produce agricultural products for consumer shareholders or subscribers who pledge or contract to buy a portion of the agricultural products of the farm or group of farms.

(7) “Farm stand” means a site on a farm subject to the Required Agricultural Practices where agricultural products principally produced on the farm are sold to the public.
6 V.S.A. § 3314 — VT Code / Title 6 / Chapter 204 / Section 3314
§ 3314. Detention
Status: in_force

When any livestock product or poultry product or any product exempted from the definition of a livestock product and from the definition of a poultry product, or any dead, dying, disabled, or diseased livestock or poultry, is found by any authorized representative of the Secretary upon premises where it is held for purposes of, or during or after distribution in, intrastate commerce, or is otherwise subject to the chapter, and there is reason to believe that any product is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this chapter or of the Federal Meat Inspection Act or the federal Poultry Products Inspection Act or the Federal Food, Drug, and Cosmetic Act, or that the product or animal has been or is intended to be, distributed in violation of any of these provisions, it may be detained by a representative for a period not to exceed 30 days, pending action under section 3315 of this title or notification of any federal authorities having jurisdiction over the product or animal. The product or animal shall not be moved by any person from the place at which it is located when detained, until released by the representative. All official marks may be required by the representative to be removed from the product or animal before it is released unless it appears to the satisfaction of the Secretary or his or her designee that the product or animal is eligible to retain the marks.
6 V.S.A. § 852 — VT Code / Title 6 / Chapter 66 / Section 852
§ 852. Authority
Status: in_force

(a) The Secretary may enforce in the State the requirements of:

(1) the rules adopted under the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112, using the same or similar powers granted to the U.S. Food and Drug Administration to enforce the Food Safety Modernization Act; and

(2) the rules adopted under this chapter.

(b) The Agency may collaborate with the Department of Health regarding application of the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112, and application of the rules adopted under this chapter.

(c) The Secretary shall carry out the provisions of this chapter using:

(1) monies appropriated to the Agency by the federal government for the purpose of administering the federal Food Safety Modernization Act and the rules adopted under that act;

(2) monies appropriated to the Agency by the State for the purpose of administering this chapter; and

(3) other gifts, bequests, and donations by private entities for the purposes of administering this chapter.

(d) The Secretary may apply the criteria and definitions in 21 C.F.R. part 112 to determine whether produce is adulterated.
6 V.S.A. § 929 — VT Code / Title 6 / Chapter 81 / Section 929
§ 929. Revolving fund
Status: repealed

(a) There is hereby created a special pesticide monitoring revolving fund. Monies collected pursuant to subsection 918(b) of this title shall be deposited in the fund. The Secretary may use monies deposited in the fund for the following purposes:

(1) for the purpose of monitoring pesticides, conducting pesticide educational activities, researching alternatives to the use of pesticides for pest control, and implementing pesticide reduction strategies pursuant to the provisions of section 1110 of this title;

(2) to pay salaries of full- and part-time employees involved in monitoring pesticides;

(3) to purchase necessary pesticide monitoring and analytical equipment;

(4) to defray the cost of necessary operating expenses;

(5) to contract with other public or private entities in order to implement portions of this plan or to conduct any special studies necessary to ascertain the impact of pesticides on the environment;

(6) to defray the costs of a collection program for obsolete and unwanted pesticides; or

(7) to implement and administer the provisions of this title and any other provisions of law relating to pesticides.

(b) [Repealed.]
6 V.S.A. § 2761 — VT Code / Title 6 / Chapter 151 / Section 2761
§ 2761. Definitions
Status: in_force

For the purpose of this subchapter:

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

(2) “Milk and dairy products” means cow's milk as defined by section 2672 of this title, and butter, cheese, cream, buttermilk, powdered milk, infant formula, ice cream, yogurt, and other dairy products identified by rule by the Secretary.

(3) “Milk handler” or “handler” means the collector and transporter of milk and the processor or manufacturer of milk or dairy products for sale within or outside the State of Vermont, and as otherwise defined by section 2672 of this title.

(4) “Milk producer” or “producer” means the party who owns or controls one or more cows and offers for sale the milk produced by the cows, and as otherwise defined by section 2672 of this title.

(5) “rbST” means recombinant bovine somatotropin, a recombinant bovine growth hormone used with lactating dairy cows to increase the production of marketable milk, that is also known as rbGH.

(6) “rbST supplier” or “supplier” means any party, including a manufacturer, distributor, or other intermediary, who sells or freely distributes rbST.
6 V.S.A. § 4022 — VT Code / Title 6 / Chapter 206 / Section 4022
§ 4022. Secretary of Agriculture, Food and Markets as enforcing official
Status: in_force

The Secretary shall enforce the provisions of this chapter and perform such duties as may be required by the federal plant pest quarantine statutes. The Secretary may employ such assistance as necessary for the proper performance of his or her duties.
6 V.S.A. § 4027 — VT Code / Title 6 / Chapter 206 / Section 4027
§ 4027. Diseased or infested stock; stop-sale; destruction
Status: in_force

(a) Only sound, healthy nursery stock that will maintain its vigor shall be offered for sale. Offering for sale stock that is diseased or infested with injurious pests is a violation of this chapter. Whenever the Secretary has reason to believe that any nursery, nursery grower, or nursery dealer in the State has produced, introduced, installed, sold, or offered for sale diseased or infested nursery stock, the Secretary shall inspect that nursery. If, upon inspection, the Secretary finds any diseased or infested stock, the Secretary may order the plants, either individually or in blocks, to be:

(1) put on stop-sale;

(2) treated in a particular manner; or

(3) destroyed according to the Secretary's instructions.

(b) Plants ordered destroyed or placed on stop-sale must be clearly separable from noninfested stock. Any order to destroy or place plants on stop-sale may be made verbally and shall be issued in writing within seven days or as soon as practicable. The written order shall include the reason for action, a description of the nursery stock affected, instructions to separate and tag all nursery stock subject to the order, any recommended treatment, and a reference to the appeal rights set forth under subsection (c) of this section. Stop-sale tags may not be removed except by written permission of the Secretary or upon suitable disposal of the infested plants as determined by the Secretary.

(c) A person issued any order under subsection (a) of this section may appeal that order to the Secretary within 15 days after receiving the order. The person shall make an appeal by letter to the Secretary and shall state any grounds and designate the plants affected.
6 V.S.A. § 356 — VT Code / Title 6 / Chapter 27 / Section 356
§ 356. Notice of violation
Status: in_force

When the Secretary of Agriculture, Food and Markets determines that a person is violating this chapter or any rule adopted thereunder, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this section shall include:

(1) a description of the alleged violation;

(2) identification of this section;

(3) identification of the applicable violation; and

(4) the required corrective action that the person shall take to correct the violation.
6 V.S.A. § 1108 — VT Code / Title 6 / Chapter 87 / Section 1108
§ 1108. Construction with other laws
Status: in_force

The provisions of 3 V.S.A. chapter 25 shall apply to adoption of rules, notices, hearings, and other proceedings under this chapter unless inconsistent with its provisions. The powers granted to the Secretary under this chapter shall not limit, restrict, or suspend any similar powers the Secretary may have under other provisions of law and shall not limit or restrict any powers specifically granted to any other State agency.
6 V.S.A. § 913 — VT Code / Title 6 / Chapter 81 / Section 913
§ 913. Powers of Secretary
Status: in_force

The Secretary may, after opportunity for a hearing:

(1) declare as a pest any form of plant or animal life or virus that is injurious to plants, humans, domestic animals, articles, or substances;

(2) determine whether economic poisons are highly toxic to humans; and

(3) determine standards of coloring or discoloring for economic poisons and subject economic poisons to the requirements of subdivision 919(4) of this title.
6 V.S.A. § 4855 — VT Code / Title 6 / Chapter 215 / Section 4855
§ 4855. Permit appeal
Status: in_force

A person seeking a permit who is aggrieved by a final decision of the Secretary may appeal de novo to the Environmental Division within 30 days of the final decision of the Secretary. The only parties to the appeal shall be the person seeking the permit and the Secretary.
6 V.S.A. § 4721 — VT Code / Title 6 / Chapter 211 / Section 4721
§ 4721. Local foods grant program
Status: in_force

(a) There is created in the Agency of Agriculture, Food and Markets the Rozo McLaughlin Farm-to-School Program to execute, administer, and award local grants for the purpose of helping Vermont schools develop farm-to-school programs that will sustain relationships with local farmers and producers, enrich the educational experience of students, improve the health of Vermont children, and enhance Vermont's agricultural economy.

(b) A school, a school district, a consortium of schools, a consortium of school districts, a registered or licensed child care provider, or an organization administering or assisting the development of farm-to-school programs may apply to the Secretary of Agriculture, Food and Markets for a grant award to:

(1) fund equipment, resources, training, and materials that will help to increase use of local foods in child nutrition programs;

(2) fund items, including local food products, gardening supplies, field trips to farms, gleaning on farms, and stipends to visiting farmers, that will help educators to use hands-on educational techniques to teach children about nutrition and farm-to-school connections;

(3) fund professional development and technical assistance, in partnership with the Agency of Education and farm-to-school technical service providers, to help teachers, child nutrition personnel, organizations administering or assisting the development of farm-to-school programs, and members of the farm-to-school community educate students about nutrition and farm-to-school connections and assist schools and licensed or registered child care providers in developing a farm-to-school program; and

(4) fund technical assistance or support strategies to increase participation in federal child nutrition programs that increase the viability of sustainable meal programs.

(c) The Secretaries of Agriculture, Food and Markets and of Education and the Commissioner of Health, in consultation with farmers, child nutrition staff, educators, organizations administering or assisting the development of farm-to-school programs, and farm-to-school technical service providers, jointly shall adopt procedures relating to the content of the grant application and the criteria for making awards.

(d) The Secretary shall determine that there is significant interest in the school community before making an award and shall give priority consideration to schools, school districts, and registered or licensed child care providers that are developing farm-to-school connections and education, that indicate a willingness to make changes to their child nutrition programs to increase student access and participation, and that are making progress toward the implementation of the Vermont School Wellness Policy Guidelines developed by the Agency of Agriculture, Food and Markets, the Agency of Education, and the Department of Health, updated in June 2015 or of the successor of these guidelines.

(e) No award shall be greater than 20 percent of the total annual amount available for granting except that a grant award to the following entities may, at the discretion of the Secretary of Agriculture, Food and Markets, exceed the cap:

(1) Farm-to-School service providers; or

(2) school districts or consortiums of school districts that completed merger under 2010 Acts and Resolves No. 153, 2012 Acts and Resolves No. 156, or 2015 Acts and Resolves No. 46 on or before July 1, 2019, provided that the grant is used for the purpose of expanding Farm-to-School projects to additional schools within the new school district.
6 V.S.A. § 20 — VT Code / Title 6 / Chapter 1 / Section 20
§ 20. Vermont Food Animal Veterinarian Educational Loan Repayment Fund
Status: in_force

(a) There is created a special fund to be known as the Vermont Food Animal Veterinarian Educational Loan Repayment Fund that shall be used for the purpose of ensuring a stable and adequate supply of food animal veterinarians in regions of the State as determined by the Secretary. The Fund shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purpose of this section. The money in the Fund shall be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury.

(b) The Fund shall consist of:

(1) sums appropriated or transferred to it from time to time by the General Assembly, the State Emergency Board, or the Joint Fiscal Committee when the General Assembly is not in session;

(2) interest earned from the investment of Fund balances; and

(3) sums from any other public or private source accepted for the benefit of the Fund.

(c) The Agency shall administer the Fund, and the Secretary of Agriculture, Food and Markets shall have the discretion to provide annual student loan repayment awards to licensed, qualified veterinarians who are significantly dedicated to treating food animals in the State. The Secretary may determine the level of service that qualifies as “significantly dedicated” to treating food animals, may establish additional eligibility requirements, and may create program requirements for all fund recipients. The Agency may contract with a Vermont nonprofit entity for administration of the program, which shall administer awards in compliance with the requirements of Section 108(f) of the Internal Revenue Code.

(d) As used in this section, “food animal” means any animal that produces food for human consumption or is raised for human consumption, including cattle, sheep, swine, goats, poultry, bees, and any other species as determined by the Secretary of Agriculture, Food and Markets.
6 V.S.A. § 3023a — VT Code / Title 6 / Chapter 172 / Section 3023a
§ 3023a. Vermont beekeeper educational program
Status: in_force

(a) The Secretary, in cooperation with the Vermont Beekeepers Association, shall establish a voluntary educational program to train a person who owns bees, apiaries, colonies, or hives in the State. The educational program shall address:

(1) bee health;

(2) varroa mite identification and control;

(3) identification of common diseases or pests;

(4) proper maintenance of hives;

(5) State laws regarding beekeeping and pesticide application; and

(6) continued education opportunities.

(b) The Secretary shall award a certificate to a person who completes the Vermont beekeeper training program under subsection (a) of this section.
6 V.S.A. § 571 — VT Code / Title 6 / Chapter 34 / Section 571
§ 571. Hemp seed; labeling; standards
Status: in_force

(a) A person shall not sell, offer for sale, expose for sale, transport for sale, or distribute in the State hemp seed that:

(1) is not labeled in accordance with the requirements of this section or rules adopted by the Secretary;

(2) fails to meet germination standards, feminized seed claims, or other claims made on the label or in an advertisement or provides false or misleading information on a label or in an advertisement;

(3) fails to meet certification standards if standards have been adopted by the Secretary by rule; or

(4) consists of or contains prohibited noxious weed seeds, as that term is defined in section 641 of this title.

(b) Hemp seed sold, offered for sale, exposed for sale, transported for sale, or distributed in the State shall have a label attached to the bag or container in which the seed is sold, offered for sale, exposed for sale, transported for sale, or distributed. The label shall contain the following information:

(1) the name and kind of each hemp seed present in excess of five percent of the whole percentage by weight;

(2) the origin state or foreign country of the hemp seed;

(3) whether the hemp seed was certified by a state or foreign country;

(4) the percentage by weight of any weed seeds in the container or bag;

(5) the percentage by weight of inert matter in the container or bag;

(6) the percentage of feminized seed;

(7) the percentage of germination of the seed;

(8) the date the seed was packed or packaged; and

(9) the name and address of the person who labeled the hemp seed or who sells, offers for sale, exposes for sale, or distributes the hemp seed in the State.

(c) The Secretary may issue a stop sale order for the violation of the requirements of this section or rules adopted by the Secretary under this chapter. The sale, processing, and movement of any seed subject to a stop sale order is prohibited until the Secretary issues a release from the stop sale order.

(d) A violation of this section or rules adopted by the Secretary under this chapter shall be subject to an administrative penalty under section 569 of this title.

(e)(1) A person injured or damaged by a violation of this section or a rule adopted by the Secretary under this chapter regarding the sale, offer for sale, exposure for sale, transport for sale, or distribution of hemp seed in the State may bring an action for equitable relief or damages arising from the violation.

(2) The cause of action authorized under this section is in addition to any common law or statutory remedies otherwise available and does not amend or conflict with the powers and authority of the Agency of Agriculture, Food and Markets.

(f) The Secretary may conduct inspections and otherwise enforce requirements for the sale or distribution of hemp seed established under this chapter according to the Secretary's general authority to regulate seed under chapter 35 of this title, provided that the Secretary shall issue any penalty for the violation of the requirements of this chapter under the provisions of this chapter or rules adopted under this chapter.
6 V.S.A. § 982 — VT Code / Title 6 / Chapter 83 / Section 982
§ 982. Cooperation of State agencies with Insurance Fund
Status: in_force

Consistent with law and within available appropriations, the departments, agencies, and officers of this State may cooperate with the Insurance Fund established by the Pest Control Compact.
6 V.S.A. § 1676 — VT Code / Title 6 / Chapter 113 / Section 1676
§ 1676. Rules; cooperation with United States
Status: in_force

The Agency is charged with administration and enforcement of the provisions of this chapter and is authorized to adopt rules and enforce all State and federal laws, rules, and regulations that it deems necessary to carry out the purposes of this chapter. The Agency is authorized to cooperate with the U.S. Department of Agriculture.
6 V.S.A. § 987 — VT Code / Title 6 / Chapter 83 / Section 987
§ 987. Executive head
Status: in_force

As used in the compact, with reference to this State, the term “executive head” shall mean the Governor.
6 V.S.A. § 4829 — VT Code / Title 6 / Chapter 215 / Section 4829
§ 4829. Conservation Reserve Enhancement Program
Status: in_force

(a) The Conservation Reserve Enhancement Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State or federal financial assistance for the implementation of alternative nutrient reduction practices that improve soil quality, improve nutrient retention, and reduce agricultural waste discharges. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program:

(1) riparian forest buffers;

(2) grassed waterways;

(3) grassed filter strips; or

(4) other practices approved by the Secretary and administered through a memorandum of understanding with the Commodity Credit Corporation.

(b) Grant agreements entered into under this section shall at a minimum have a term of 15 years in duration and can include permanent easements.

(c)(1) The Agency of Agriculture, Food and Markets shall use capital funding available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivisions (a)(1)-(3) of this section.

(2) The Agency shall use noncapital funds eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivision (a)(4) of this section.
6 V.S.A. § 123 — VT Code / Title 6 / Chapter 5 / Section 123
§ 123. Regulated drugs
Status: in_force

(a) Except as provided in subsection (b) of this section, the provisions of 18 V.S.A. chapter 84 shall not apply to the Secretary or designee in the otherwise lawful performance of his or her official duties requiring the possession or control of regulated drugs.

(b) The central testing laboratory shall obtain a certificate of approval from the Department of Health pursuant to 18 V.S.A. § 4207.

(c) As used in this section, “regulated drug” shall have the same meaning as in 18 V.S.A. § 4201.
6 V.S.A. § 21 — VT Code / Title 6 / Chapter 1 / Section 21
§ 21. Authority to address public health hazards and food safety issues
Status: in_force

(a) As used in this section:

(1) “Adulterated” has the same meaning as in 18 V.S.A. § 4059 and shall include adulteration under rules adopted under 18 V.S.A. chapter 82.

(2) “Emergency” means any natural disaster, weather-related incident, health- or disease-related incident, resource shortage, plant pest outbreak, accident, or fire that poses a threat or may pose a threat, as determined by the Secretary, to health, safety, the environment, or property in Vermont.

(3) “Farm” means a site or parcel on which farming is conducted.

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

(5) “Public health hazard” means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. In determining whether a health hazard is public or private, the Secretary shall consider at least the following factors:

(A) the number of persons at risk;

(B) the characteristics of the person or persons at risk;

(C) the characteristics of the condition or agent that is the source of potential harm;

(D) the availability of private remedies;

(E) the geographical area and characteristics thereof where the condition or agent that is the source of the potential harm or the receptors exists; and

(F) the policy of the Agency of Agriculture, Food and Markets as established by rule or procedure.

(6) “Raw agricultural commodity” means any food in its raw or natural state, including all fruits or vegetables that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

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

(b) The Secretary shall have the authority to:

(1) respond to and remediate incidences of mass animal death, agricultural structure fires, or other emergencies on a farm in order to prevent a public health hazard or protect the environment, including:

(A) Expending up to $25,000.00 in funding from the Agency of Agriculture, Food and Markets' budget to remediate the issue when there are no other financial resources available, and the Secretary has determined the expenditure is necessary for either public health or the environment.

(B) The Secretary may attempt to recover monies expended under subdivision (1)(A) of this subsection (b) from the responsible party;

(2) condemn, confiscate, or establish restrictions on the use, sale, or distribution of adulterated raw agricultural commodities or animal feed; and

(3) cooperate with the Department of Health and other State and federal agencies regarding:

(A) the prevention or remediation of the adulteration of raw agricultural commodities, food, or animal feed on farms; and

(B) application of the FDA Food Safety Modernization Act, Pub. L. No. 111-353, to farms, farm products, or value-added products produced in the State.
6 V.S.A. § 4801 — VT Code / Title 6 / Chapter 215 / Section 4801
§ 4801. Purpose; State policy
Status: in_force

It is the purpose of this chapter to ensure that agricultural animal wastes do not enter the waters of this State. Therefore, it is State policy that:

(1) All farms meet certain standards in the handling and disposal of animal wastes, as provided by this chapter, and the cost of meeting these standards shall not be borne by farmers only but rather by all members of society, who are in fact the beneficiaries. Accordingly, State and federal funds shall be made available to farms, regardless of size, to defray the major cost of complying with the requirements of this chapter. State and federal conservation programs to assist farmers should be directed to those farms that need to improve their infrastructure to prohibit direct discharges or bring existing water pollution control structures into compliance with U.S. Department of Agriculture (U.S.D.A.) Natural Resources Conservation Service standards. Additional resources should be directed to education and technical assistance for farmers to improve the management of agricultural wastes and protect water quality.

(2) Officials who administer the provisions of this chapter:

(A) shall educate farmers and other affected citizens on requirements of this chapter through an outreach collaboration with farm associations and other community groups;

(B) shall, in the process of rendering official decisions, afford farmers and other affected citizens an opportunity to be heard and give consideration to all interests expressed; and

(C) may provide grants from a program established under this chapter to eligible Vermont municipalities, local or regional governmental agencies, nonprofit organizations, and citizen groups in order to provide direct financial assistance to farms in implementing conservation practices.
6 V.S.A. § 445 — VT Code / Title 6 / Chapter 30 / Section 445
§ 445. Penalties
Status: in_force

Any person violating this chapter, or any regulation made under its authority, shall be fined not more than $100.00 for the first offense and not more than $200.00 for each subsequent offense. Each day in which a violation exists shall constitute a separate violation.
6 V.S.A. § 1819 — VT Code / Title 6 / Chapter 141 / Section 1819
§ 1819. Audit and accounts
Status: in_force

(a) The Commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.

(b) The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the Commission.

(c) Nothing contained in this article shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.
6 V.S.A. § 31 — VT Code / Title 6 / Chapter 2 / Section 31
§ 31. Program established
Status: in_force

The Agricultural Land Development Rights Acquisition Program is established within the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall hire or contract with an agricultural land use planner to assist in developing and implementing the program.
6 V.S.A. § 3025 — VT Code / Title 6 / Chapter 172 / Section 3025
§ 3025. Second inspection of diseased colonies; destruction
Status: in_force

The Secretary or the Secretary's inspectors shall inspect all diseased apiaries a second time not less than 10 days after the first inspection. If the existence of disease within the apiary has been confirmed by a laboratory approved by the Secretary, the inspector may destroy any colonies of bees if the inspector finds them not cured of such disease, or not treated or handled according to the inspector's instructions, together with honey combs, hives, or other equipment, without recompense to the owner thereof. This section shall not preclude an inspector from destroying diseased colonies at any time with the consent of the owner or the owner's agent.
6 V.S.A. § 237 — VT Code / Title 6 / Chapter 23 / Section 237
§ 237. Notice of violation
Status: in_force

When the Secretary becomes cognizant of a violation of a provision of this chapter, he or she may cause notice of such fact to be given to the person concerned and to the State's Attorney of the county in which the offense was committed.
6 V.S.A. § 486 — VT Code / Title 6 / Chapter 32 / Section 486
§ 486. Trademark
Status: in_force

The trademark, “State of Vermont Pure Maple Syrup,” is hereby registered with the Secretary of State and its use shall be restricted to the terms of this chapter.
6 V.S.A. § 3131 — VT Code / Title 6 / Chapter 201 / Section 3131
§ 3131. Definitions
Status: in_force

As used in this chapter:

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

(2) “Slaughterer” means any person regularly engaged in the commercial slaughtering of livestock.

(3) “Livestock” means cattle, calves, sheep, swine, horses, mules, goats, fallow deer, American bison, and any other animal that can or may be used in and for the preparation of meat or meat products.

(4) “Packer” means any person engaged in the business of slaughtering, manufacturing, or preparing meat or meat products for sale.

(5) “Stockyard” means any place, establishment, or facility conducted or operated for compensation or profit as a public market, consisting of pens, or other enclosures, and their appurtenances, for the handling, keeping, and holding of livestock for sale or shipment.

(6) “Humane method” means either:

(A) a method by which the animal is rendered insensible to pain by mechanical, electrical, chemical, or other means that is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or

(B) a method in accordance with ritual requirements of the Jewish faith or any other religious faith under which the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
6 V.S.A. § 4828 — VT Code / Title 6 / Chapter 215 / Section 4828
§ 4828. Capital Equipment Assistance Program
Status: in_force

(a) It is the purpose of this section to provide assistance to purchase or use innovative equipment that will aid in the reduction of surface runoff of agricultural wastes to State waters, improve water quality of State waters, reduce odors from manure application, separate phosphorus from manure, mitigate greenhouse gases, and reduce costs to farmers.

(b) The Capital Equipment Assistance Program is created in the Agency of Agriculture, Food and Markets to provide State financial assistance for the purchase of new or innovative equipment to achieve the purposes of this section.

(c) Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by the Secretary. Priority shall be given to capital equipment to be used on multiple farms; equipment to be used for phosphorus reduction, separation, or treatment; equipment to be used to achieve the most significant or cost-effective benefits that advance the purposes of this section, including by reducing nitrogen runoff; and projects managed by nonprofit organizations that are located in descending order within the boundaries of:

(1) the Lake Champlain Basin;

(2) the Lake Memphremagog Basin;

(3) the Connecticut River Basin; and

(4) the Hudson River Basin.

(d) An applicant for a State grant under this section to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall pay 10 percent of the total eligible project cost. The dollar amount of a State grant to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and shall not exceed $300,000.00.
6 V.S.A. § 4825 — VT Code / Title 6 / Chapter 215 / Section 4825
§ 4825. Reports
Status: in_force

Annually by January 15 of each year, the Secretary shall report to the General Assembly regarding activities in support of the objectives of this subchapter, including use of State, federal, and private funds:

(1) undertaken during the preceding fiscal year;

(2) in progress during the current fiscal year;

(3) projected for the following fiscal year; and

(4) remaining to be undertaken after the following fiscal year.
6 V.S.A. § 2676 — VT Code / Title 6 / Chapter 151 / Section 2676
§ 2676. Title to milk in tank truck; costs of hauling
Status: in_force

[See effective date of amendment in note set out below.]

(a) When milk is sampled, measured, and transferred from a farm tank to a tank truck, the milk collector shall be deemed to be the agent of the buyer and title to the milk shall be deemed to pass to the buyer at the time of such transfer.

(b)(1) In this section, “hauling costs” means stop charges, hauling charges, fuel surcharges, and any other costs incurred to transport cows' milk from a farm to the buyer.

(2) Notwithstanding subsection 2925(d) of this title, hauling costs shall be paid by the buyer and shall not be charged back to the selling producer, either directly or indirectly. No additional charges shall be made, and no costs may be shifted from other benefits the producer receives to contravene the purpose of this subsection. No funds shall be transferred away from the producer in paid producer differentials or premiums the producer would receive but for this subsection.
6 V.S.A. § 4961 — VT Code / Title 6 / Chapter 215 / Section 4961
§ 4961. Purpose
Status: in_force

The purposes of this subchapter are to:

(1) enhance the economic viability of farms in Vermont;

(2) improve the health and productivity of the soils of Vermont;

(3) encourage farmers to implement regenerative farming practices;

(4) reduce the amount of agricultural waste entering the waters of Vermont;

(5) enhance crop resilience to rainfall fluctuations and mitigate water damage to crops, land, and surrounding infrastructure;

(6) promote cost-effective farming practices;

(7) reinvigorate the rural economy; and

(8) help the next generation of Vermont farmers learn regenerative farming practices so that farming remains integral to the economy, landscape, and culture of Vermont.
6 V.S.A. § 561 — VT Code / Title 6 / Chapter 34 / Section 561
§ 561. Findings; intent
Status: in_force

(a) Findings.

(1) Hemp has been continuously cultivated for millennia; is accepted and available in the global marketplace; and has numerous beneficial, practical, and economic uses, including high-strength fiber, textiles, clothing, biofuel, paper products, protein-rich food containing essential fatty acids and amino acids, biodegradable plastics, resins, nontoxic medicinal and cosmetic products, construction materials, rope, and value-added crafts.

(2) The many agricultural and environmental beneficial uses of hemp include livestock feed and bedding, stream buffering, erosion control, water and soil purification, and weed control.

(3) The hemp plant, an annual herbaceous plant with a long slender stem ranging in height from four to 15 feet and a stem diameter of one-quarter to three-quarters of an inch, is morphologically distinctive and readily identifiable as an agricultural crop grown for the cultivation and harvesting of its fiber and seed.

(4) Hemp cultivation will enable the State of Vermont to accelerate economic growth and job creation, promote environmental stewardship, and expand export market opportunities.

(5) Section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 authorizes the growing, cultivation, and marketing of hemp under a U.S. Department of Agriculture approved State program.

(6) The federal Agricultural Act of 2014, Pub. L. No. 113-79, Sec. 7606, codified at 7 U.S.C. § 5940, authorized states, subject to certain requirements, to implement agricultural pilot programs for the growing, cultivation, and marketing of hemp, notwithstanding restrictions under the federal Controlled Substances Act. The pilot program was previously set to expire in 2020, but states may now operate a pilot program in 2021. The pilot program and 7 U.S.C. § 5940 are currently scheduled for repeal on January 1, 2022.

(b) Purpose. The intent of this chapter is to establish policy and procedures for growing, processing, testing, and marketing hemp and hemp products in Vermont that comply with federal law so that farmers and other businesses in the Vermont agricultural industry can take advantage of this market opportunity.
6 V.S.A. § 2854 — VT Code / Title 6 / Chapter 155 / Section 2854
§ 2854. Conformity to standards
Status: in_force

Any food that is purported to be, or made in the likeness of, a frozen dessert, or mix thereof, for which a standard has been prescribed under this chapter shall not be sold or offered for sale unless under rules established by the Secretary:

(1) it conforms to the definition and standard of identity, quality, and fill of containers for frozen dessert;

(2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients present in such foods;

(3) it was manufactured, distributed, and sold in conformity to all sanitary requirements established; and

(4) it conforms to the bacteriological standards established by the Secretary for frozen desserts or for the ingredients from which these are made.
6 V.S.A. § 2901 — VT Code / Title 6 / Chapter 159 / Section 2901
§ 2901. Creation of lien
Status: in_force

The liability of a handler to a producer for the unpaid purchase price of dairy products purchased shall be a first lien on the real and personal property of a handler and shall have priority over any other claim or lien against the handler, except:

(1) Taxes assessed against such property of the handler by the municipality in which the property is located.

(2) A duly recorded mortgage, deed, or other conveyance to the extent that consideration has been paid in good faith before the recording of a notice of such producer's lien as provided in section 2902 of this title.
6 V.S.A. § 239 — VT Code / Title 6 / Chapter 23 / Section 239
§ 239. Penalty
Status: in_force

Any person who violates any provision of this chapter shall be fined not more than $25.00 nor less than $10.00 for the first offense and not more than $50.00 nor less than $10.00 for each subsequent offense. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not more than $50.00 nor less than $10.00.
6 V.S.A. § 641 — VT Code / Title 6 / Chapter 35 / Section 641
§ 641. Definitions
Status: in_force

As used in this chapter:

(1) “Agricultural seed” includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized as agricultural seeds, lawn seeds, and combinations of such seeds, and may include noxious weed seeds used as agricultural seed.

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

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

(4) “Flower seed” includes seed of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seed.

(5) “Labeling” includes tags or other devices attached to, or written, stamped, or printed on, any container or accompanying any lot of seeds.

(6) “Noxious weed seeds” include:

(A) “Prohibited noxious weed seeds,” or those weed seeds that are prohibited from being present in agricultural and vegetable seed. They are the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides.

(B) The term “restricted noxious weed seeds,” or those weed seeds that are objectionable in agricultural crops, lawns, and gardens of this State and that are difficult to control by good cultural practices or the use of herbicides.

(7) “Vegetable seeds” include the seeds of those crops that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State.

(8) “Weed seeds” mean the seeds of all plants generally recognized as weeds within this State and include noxious weed seeds.

(9) “Genetically engineered (GE) seed” means seed produced using a variety of methods, as identified by the National Organic Program of the U.S. Department of Agriculture, used to modify genetically organisms or influence their growth and development by means that are not possible under natural conditions or processes. Such methods include cell fusion, microencapsulation and macroencapsulation, and recombinant DNA technology (including gene deletion, gene doubling, introducing a foreign gene, and changing the positions of genes when achieved by recombinant DNA technology). Such methods do not include the use of traditional breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture.

(10) “Genetically engineered plant part” means a whole plant or plant part, including scions intended for planting, that contains material derived from a GE seed or is itself produced using the methods described in subdivision (9) of this section.
6 V.S.A. § 3133 — VT Code / Title 6 / Chapter 201 / Section 3133
§ 3133. Administration; rules
Status: in_force

The Secretary shall administer this chapter and shall adopt and from time to time revise rules to affect its purpose. The rules shall conform substantially with those promulgated by the Secretary of Agriculture of the United States under the federal Humane Slaughter Act of 1958, Pub. L. No. 85-765, 72 Stat. 862, as from time to time amended, but may be modified to meet local conditions.
6 V.S.A. § 1732 — VT Code / Title 6 / Chapter 115 / Section 1732
§ 1732. Penalties
Status: in_force

A person, firm, or corporation who violates a provision of section 1731 of this title shall be assessed an administrative penalty under section 15 of this title.
6 V.S.A. § 178 — VT Code / Title 6 / Chapter 21 / Section 178
§ 178. Unlawful acts; penalties
Status: in_force

(a) After notice of the establishment of grades or standards and the determination of brands, labels, or trademarks, it shall be unlawful to use a brand, label, or trademark to identify farm products as being of an established grade before a permit is granted or after the revocation of the right to use such brand, label, or trademark by the Secretary. For the purpose of further protecting the grades as officially established and adopted by the Secretary, or any grades established under an act of Congress by the U.S. Department of Agriculture on the same products, it shall be unlawful to use the officially designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such products fully meet the requirements of the official grade indicated.

(b) When, in the opinion of the Secretary or his or her representative, it is believed that any lot or lots of such products so identified, advertised, designated, or described may not be of the grade indicated, he or she shall cause inspections of such products to be made for the purpose of determining the actual grade thereof. Such inspections shall be made by regularly appointed inspectors and in such manner as is provided in this chapter.

(c) A person violating a provision of this section shall be fined not more than $50.00 for a first offense and, for each subsequent offense, not more than $200.00. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not less than $10.00 nor more than $100.00.
6 V.S.A. § 4723 — VT Code / Title 6 / Chapter 211 / Section 4723
§ 4723. Professional development for food service personnel
Status: in_force

(a) The Secretary of Education, in consultation with the Secretary of Agriculture, Food and Markets, the Commissioner of Health, and farm-to-school organizations and partners, shall offer professional development opportunities for public school food service and child care personnel and child care resource development specialists. Training shall include information about strategies for procuring, processing, and serving locally grown foods, especially with regard to federal procurement program requirements, as well as information about nutrition, obesity prevention, coping with severe food allergies, universal recycling, and food service operations. The Secretary of Education may use a portion of the funds appropriated for this training session to pay a portion of or all expenses for attendees and to develop manuals or other materials to help in the training.

(b) The Secretary of Education shall, with existing programs and organizations, provide training related to procurement of local food and technical assistance to school food service and child care personnel and use a portion of the funds appropriated for this purpose to enable the trained people to provide technical assistance at the school and school district levels.

(c) Training provided under this section shall promote the policies established in the Vermont School Wellness Policy Guidelines developed by the Agencies of Agriculture, Food and Markets and of Education and the Department of Health, updated in June 2015, or the guidelines' successor.
6 V.S.A. § 1461 — VT Code / Title 6 / Chapter 107 / Section 1461
§ 1461. Import and export documentation required
Status: in_force

(a) Import permit. The Secretary of Agriculture, Food and Markets may require a person who imports or causes to be imported into this State any domestic animal except dogs and cats to first obtain an import permit from the Secretary, except as the Secretary may provide by rule. Permits shall be issued in a manner approved by the Secretary.

(b) Certificates of veterinary inspection. No person shall import or cause to be imported any domestic animal into this State without first obtaining a Certificate of Veterinary Inspection, except as the Secretary may provide by rule. The certificate shall be issued by an accredited and licensed veterinarian in the state or country of origin. The certificate shall contain a statement by the state animal health official for that state certifying that the veterinarian who executed the certificate is licensed to practice veterinary medicine in that state or country and is accredited by the U.S. Department of Agriculture to sign a Certificate of Veterinary Inspection. The certificate shall be issued electronically or on a form prescribed by the state of origin and declare that all of the animals listed have been inspected or tested, or both, as required by the applicable State and federal statutes, rules, and regulations. The certificate shall also set forth the name and address of the owner of any animal transferred pursuant to the certificate. One copy of the certificate shall accompany the animals during transportation, and one copy shall be filed with the Secretary. A Certificate of Veterinary Inspection that is issued electronically shall meet the data standards established by the National Assembly of State Animal Health Officials in consultation with the U.S. Department of Agriculture.

(c) Exemption. The Secretary may, by rule, exempt from the provisions of this section transactions concerning domestic animals transported into this State for immediate slaughter. A person who so imports an animal without a permit and then does not immediately slaughter the animal shall be subject to the provisions of this section.

(d) Exportation. A person wishing to export domestic animals to another state or country shall comply with all the requirements of that state or country for the importation of domestic animals.
6 V.S.A. § 1823 — VT Code / Title 6 / Chapter 141 / Section 1823
§ 1823. Secretary: delegation from State of Vermont
Status: in_force

(a) The delegation from the State of Vermont to the Commission established by section 1804 of this title shall consist of five voting members appointed by the Governor, plus the Secretary of Agriculture, Food and Markets who shall be a nonvoting member. Three of the voting members shall be milk producers, one of whom is not a director or officer of any organization which handles or processes dairy products. A fourth voting member shall be a milk handler. The fifth voting member shall be a representative of the public who has resided in the State for at least five years and who has no financial interest in the dairy business other than as a consumer of milk and milk products. Appointed members shall be appointed for staggered three-year terms. Initial appointments may be for less than three-year terms. A delegation member may seek reappointment for two additional terms. The Secretary of Agriculture, Food and Markets shall be a nonvoting member, ex officio. The appointed members shall elect a chair of the Board from among themselves.

(b) The members of the delegation, other than the Secretary of Agriculture, Food and Markets, shall receive per diem compensation and expenses in accordance with 32 V.S.A. § 1010.

(c) The Agency of Agriculture, Food and Markets shall provide administrative work as directed by the Board.
6 V.S.A. § 854 — VT Code / Title 6 / Chapter 66 / Section 854
§ 854. Records
Status: in_force

The owner or operator of a produce farm shall maintain records required by the federal Food Safety Modernization Act, rules adopted under that act, and rules adopted under this chapter and shall make those records available to the Agency upon request.
6 V.S.A. § 250 — VT Code / Title 6 / Chapter 24 / Section 250
§ 250. Legislative declaration
Status: in_force

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

(1) to enable agricultural producers of this State, with the aid of the State, to more effectively correlate the marketing of their agricultural commodities with market demands;

(2) to establish orderly, efficient, and equitable marketing of agricultural commodities;

(3) to provide methods and means for the development of new and larger markets for agricultural commodities produced in Vermont;

(4) to eliminate or reduce the economic waste in the marketing of agricultural commodities; and

(5) to eliminate unjust impairment of the purchasing power of the agricultural producers of this State.
6 V.S.A. § 563 — VT Code / Title 6 / Chapter 34 / Section 563
§ 563. Hemp; an agricultural product
Status: in_force

(a) Hemp is an agricultural product that may be grown as a crop produced, possessed, marketed, and commercially traded in Vermont pursuant to the provisions of this chapter and section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334.

(b) Alternatively, for as long as federal law authorizes continuation of the hemp pilot program pursuant to the federal Agricultural Act of 2014, Pub. L. No. 113-79, Sec. 7606, as codified at 7 U.S.C. § 5940, the Secretary may continue to operate an agricultural pilot program for hemp as authorized by and in compliance with 7 U.S.C. § 5940, as amended, and the provisions of this chapter. Hemp growers and processors shall also then comply with pilot program federal requirements and the provisions of this chapter. If the Secretary operates a hemp pilot program, the program shall not be subject to the terms of Section 10113 of the Agricultural Improvement Act of 2018, Pub. L. No. 115-334.

(c) Notwithstanding any provision of State law to the contrary and notwithstanding the scheduled repeal of 7 U.S.C. § 5940 on January 1, 2022, a person shall not be in violation of the requirements of this chapter if he or she grows or cultivates hemp during the 2021 hemp season or markets hemp grown during the 2021 hemp season in compliance with the terms established by the federal Agricultural Act of 2014.

(d) The cultivation of hemp shall be subject to and comply with the Required Agricultural Practices adopted under section 4810 of this title, as amended.
6 V.S.A. § 2801 — VT Code / Title 6 / Chapter 153 / Section 2801
§ 2801. Adulteration prohibited
Status: in_force

It is prohibited to sell, transfer, or offer for sale any adulterated dairy product that does not conform to Vermont statutes and rules adopted under the statutes. Nothing herein shall be construed to prohibit the salvage of milk solids for human consumption under rules adopted by the Secretary.
6 V.S.A. § 3034 — VT Code / Title 6 / Chapter 172 / Section 3034
§ 3034. Establishing an apiary location
Status: in_force

No person shall locate an apiary within two miles of an existing apiary registered to a different person, with the following exceptions:

(1) A person may locate an apiary anywhere on the person's own property.

(2) Beekeepers with a total ownership of 10 colonies or fewer shall be exempt from this restriction.

(3) Existing apiaries, provided that they are properly registered with the State, are exempt.

(4) A person may locate an apiary within two miles of another existing apiary, provided the owner of the existing apiary gives written permission or the existing apiary has fewer than 15 colonies.

(5) If a registered apiary of 15 or more colonies should fall below and remain below 15 colonies, anyone can petition the State and establish an apiary within two miles of the existing apiary, provided the number of colonies in the existing apiary stays below 15 for two years from the time of the petition. An apiary that loses the protection of the two-mile limit in this manner cannot be built back above the number of colonies it had at the end of the two-year period.
6 V.S.A. § 5001 — VT Code / Title 6 / Chapter 216 / Section 5001
§ 5001. Definition
Status: in_force

As used in this chapter, “farmers' market” shall mean an event or series of events at which two or more vendors of agricultural products, as defined in 11 V.S.A. § 991, gather for purposes of offering for sale to the public their agricultural products.
6 V.S.A. § 4831 — VT Code / Title 6 / Chapter 215 / Section 4831
§ 4831. Vermont Seeding and Filter Strip Program
Status: in_force

(a) The Secretary of Agriculture, Food and Markets is authorized to develop a Vermont Critical Source Area Seeding and Filter Strip Program in addition to the federal Conservation Reserve Enhancement Program in order to compensate farmers for establishing and maintaining harvestable perennial vegetative grassed waterways and filter strips on agricultural cropland perpendicular and adjacent to the surface waters of the State, including ditches. Eligible acreage includes annually tilled cropland or a portion of cropland currently cropped as hay. Acreage that is currently managed as hay shall have a prior history of rotation as corn or other annual commodity crop.

(b) Incentive payments from the Agency of Agriculture, Food and Markets shall be made at the outset of a grant agreement to establish or maintain the acreage as harvestable grassed waterway or filter strip.

(c) The Secretary of Agriculture, Food and Markets may establish by procedure financial and technical criteria for the implementation and operation of the Vermont Critical Source Area Seeding and Filter Strip Program.

(d) Land enrolled in the Vermont agricultural buffer program shall be considered to be in “active use” as that term is defined in 32 V.S.A. § 3752(15).
6 V.S.A. § 3029 — VT Code / Title 6 / Chapter 172 / Section 3029
§ 3029. Movable comb frames required
Status: in_force

(a) All hives shall be constructed with frames containing the honeycombs and brood combs that may be removed from the hive for purposes of inspection. Upon determination that any hive containing bees is not constructed with removable frames, the Secretary or the Secretary's inspector may:

(1) order the owner to immediately transfer the bees to a hive with removable frames; or

(2) grant the owner an extension for a specific period of time after which the owner must transfer the bees to a hive with removable frames.

(b) The Secretary may, by rule, create a permit program to allow persons to operate hives without removable frames for exhibition purposes. The owner of such a hive will not be in violation of this section provided that the owner holds a valid permit and is in compliance with all applicable rules that the Secretary may adopt.

(c) Upon determination that an owner has violated the terms of this section or any rule adopted pursuant to this section, the Secretary may destroy the hive or hives. Any determination of a violation shall be appealable to the Secretary, who shall provide the owner a hearing within 10 days after the determination of the violation, during which the order to destroy shall be stayed.
6 V.S.A. § 4852 — VT Code / Title 6 / Chapter 215 / Section 4852
§ 4852. Rules
Status: in_force

The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 concerning program administration, program enforcement, appeals and standards for waste management and waste storage, setbacks or siting criteria for new construction or expansion, groundwater contamination, odor, noise, traffic, insects, flies, and other pests in order to implement this subchapter. The siting criteria adopted by the Secretary by rule shall be consistent with the standards for the quality of State waters and standards for Required Agricultural Practices pursuant to subchapter 2 of this chapter. The groundwater contamination rules adopted by the Secretary shall include a process under which the Agency shall receive, investigate, and respond to a complaint that a farm has contaminated the drinking water or groundwater of a property owner.
6 V.S.A. § 2671 — VT Code / Title 6 / Chapter 151 / Section 2671
§ 2671. Purpose
Status: in_force

(a) It is the policy of the State of Vermont to protect and promote the public interest by:

(1) Ensuring the citizens of this State and the general public an adequate supply of pure fresh milk and other dairy products of constantly improving quality.

(2) Establishing the appropriate dairy laws, rules, and administrative procedures as will protect the public health and welfare.

(3) Improving the economy of the State and the welfare of dairy farmers and milk handlers by improving the competitive position of the dairy industry and increasing the consumption of milk and other dairy products.

(4) Securing uniformity in dairy standards, labeling, and sanitary procedures and developing milk markets by cooperating and coordinating with the appropriate dairy agencies of other states and the federal government to the extent consistent with the interests of the State of Vermont.

(b) It is essential, in order to ensure the continued production of milk and its handling and distribution, that prices to producers be such as to return reasonable cost of production and at the same time ensure an adequate supply of milk and dairy products to consumers at reasonable prices; and to these ends, it is essential that consumers and others be adequately informed as to the dietary needs and advantages of milk and dairy products and as to the economics resulting from the use of milk and dairy products and to command for milk and dairy products consumer attention and demand consistent with their importance and value. It is further declared that continued decline in the consumption of fluid milk and some other dairy products will jeopardize the production of adequate supplies of milk and dairy products because of increasing surpluses necessarily returning less to producers and that continued adequate supplies of milk and dairy products is a matter of vital concern as affecting the health and general welfare of the people of this State. It is therefore declared to be the legislative intent and policy of the State:

(1) to enable milk producers and others in the dairy industry, with the aid of the State, to more effectively promote the consumption of milk and dairy products;

(2) to provide methods and means for the development of new and improved dairy products and to promote their use; and

(3) to this end, to eliminate the possible impairment of the purchasing power of the milk producers of this State and to ensure an adequate supply of milk for consumers at reasonable prices.