reglab/housing_qa huggingface dataset:
6 V.S.A. § 15
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets|§ 15. Administrative penalties

§ 15. Administrative penalties|(a) In addition to other penalties provided by law, the Secretary may assess administrative penalties, not to exceed $1,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is provided for therein.(b) In determining the amount of the penalty to be assessed under this section, the Secretary may give consideration to one or more of the following:  (1) the degree of actual and potential impact on public health, safety, and welfare resulting from the violation; (2) the presence of mitigating or aggravating circumstances; (3) whether the violator has been warned or found in violation of the same provisions of law in the past; (4) the economic benefit gained by the violation; (5) the deterrent effect of the penalty; (6) the financial condition of the violator.   (c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $25,000.00.(d) In addition to the administrative penalties authorized by this section, the Secretary may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Agency to offset these costs.(e) Any party aggrieved by a final decision of the Secretary may appeal de novo to the Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court. (Added 1989, No. 49, § 1; amended 1989, No. 183 (Adj. Sess.), § 2; 1991, No. 79, § 1a; 1991, No. 228 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 5; 1995, No. 68 (Adj. Sess.), § 3; 1995, No. 128 (Adj. Sess.), § 2; 1997, No. 130 (Adj. Sess.), § 1; 1999, No. 49, § 102; 1999, No. 100 (Adj. Sess.), § 1, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 16
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets|§ 16. Notice and fair hearing requirements

§ 16. Notice and fair hearing requirements|(a) The Secretary shall use the following procedures in assessing the penalty under section 15 of this title: the alleged violator shall be given an opportunity for hearing after reasonable notice and the notice shall be served by personal service or by certified mail sent to the last address of record on file with the Agency. If the alleged violator is not an applicant for or holder of a license, permit, registration, or certification issued by the Agency, the notice shall be served by personal service or by certified mail, return receipt requested. The notice shall include:  (1) A statement of the legal authority and jurisdiction under which the hearing is to be held. (2) A statement of the matter at issue, including reference to the particular statute or administrative rule allegedly violated and a factual description of the alleged violation. (3) The amount of the proposed administrative penalty and required corrective action, abatement, or mitigation. (4) A warning that the decision shall become final and the penalty shall be imposed if no hearing is requested within 15 days of service of the notice. The notice shall specify the requirements that must be met in order to avoid being deemed to have waived the right to a hearing, or the manner of payment if the person elects to pay the penalty and waive a hearing.   (b) Any person who receives notification pursuant to this section shall be deemed to have waived the right to a hearing unless, within 15 days of the receipt of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the Secretary shall issue a final order finding the person in default and imposing the penalty and any required corrective action, abatement, or mitigation. A copy of the final default order shall be served upon the violator by certified mail, return receipt requested, or by personal service.(c) When an alleged violator requests a hearing in a timely fashion, the Secretary shall hold the hearing pursuant to 3 V.S.A. chapter 25. (Added 1989, No. 49, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 75, § 2.)
6 V.S.A. § 17
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets|§ 17. Collections

§ 17. Collections|(a) The Secretary may collect an unpaid administrative or civil penalty by filing a civil collection action in any Superior Court or through any other means available to State agencies.(b) The Secretary may, subject to 3 V.S.A. chapter 25, suspend any license, certificate, registration, or permit issued pursuant to his or her authority for failure to pay a penalty under this chapter more than 45 days after the penalty was imposed by order and served. (Added 1989, No. 49, § 3; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 75, § 3.)
6 V.S.A. § 18
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets|§ 18. Certificate of free sale

§ 18. Certificate of free sale|(a) The Secretary is hereby authorized to make available certificates of free sale to applicants who manufacture or produce Vermont food regulated by the Agency for the limited purpose of facilitating the shipment of such products for sale in foreign countries.(b) The Agency may adopt rules for the issuance of such certificates.(c) The Agency shall assess a fee of $30.00 per certificate to offset administrative costs. (Added 1995, No. 184 (Act. Sess.), § 1; amended 1999, No. 49, § 103; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 2.)
6 V.S.A. § 19
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets|§ 19. Emergency livestock feed program

§ 19. Emergency livestock feed program|(a) An emergency livestock feed program is established. The Secretary of Agriculture, Food and Markets is hereby authorized to administer an emergency livestock feed program to distribute funds to farmers who live in a county designated a natural disaster area by presidential declaration.(b) The Secretary shall adopt rules to implement this program, and to disburse funds from time to time appropriated by the General Assembly. The rules shall include an application format, review process, eligibility criteria, and payment rates.(c) The Secretary may recoup program payments from an individual who makes a fraudulent claim to the program and may issue an administrative penalty under section 15 of this title to a claimant for each violation of this section or rule adopted under its provisions. (Added 1997, No. 66 (Adj. Sess.), § 59, eff. Feb. 20, 1998; amended 1999, No. 1, § 98, eff. March 31, 1999; 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 20
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets|§ 20. Vermont Food Animal Veterinarian Educational Loan Repayment Fund

§ 20. Vermont Food Animal Veterinarian Educational Loan Repayment Fund|(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. (Added 2009, No. 44, § 21, eff. May 21, 2009; amended 2011, No. 52, § 39, eff. May 27, 2011; 2021, No. 47, § 4.)
6 V.S.A. § 31
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 2 - Agricultural Land Development Rights Acquisition Program|§ 31. Program established

§ 31. Program established|The Agricultural Land Development Rights Acquisition Program is established within the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall hire or contract with an agricultural land use planner to assist in developing and implementing the program. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 32
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 2 - Agricultural Land Development Rights Acquisition Program|§ 32. Duties of the Secretary of Agriculture, Food and Markets

§ 32. Duties of the Secretary of Agriculture, Food and Markets|(a) The Secretary of Agriculture, Food and Markets shall develop by rule, with the advice and consent of the Housing and Conservation Board:  (1) a program for selecting and recommending to the Housing and Conservation Board agricultural land development rights suitable for acquisition by the State; and (2) criteria to be used by the Board in reviewing the Secretary's recommendations for acquisition.   (b) The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated or identified in a land evaluation and site assessment system pursuant to 24 V.S.A. § 4345a(5)(E) for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.(c) The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.(d) The Secretary shall report to the General Assembly no later than January 15, 1989, concerning the progress of the program. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988; amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 33
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 2 - Agricultural Land Development Rights Acquisition Program|§ 33. Assessments

§ 33. Assessments|After acquisition of development rights by the State, the agricultural landowner shall be taxed, under 32 V.S.A. chapter 123, upon the fair market value of the remaining rights or interests to which title is retained. The Department of Taxes and the municipality assessing the tax shall cooperate with the landowner in determining the fair market value of the remaining rights or interests. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988.)
6 V.S.A. § 61
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 3 - Statistics|§ 61. Information collection and confidentiality

§ 61. Information collection and confidentiality|The Secretary may collect information on subjects within the jurisdiction of the Agency, including data obtained from questionnaires, surveys, physical samples, databases, and laboratory analyses conducted by the Agency. This information shall be available upon request to the public, provided that it is presented in a form that does not disclose the identity of individual persons, households, or businesses from whom the information was obtained or whose characteristics, activities, or products the information is about. (Amended 1993, No. 125 (Adj. Sess.), § 1; 1995, No. 128 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 47, § 9.)
6 V.S.A. § 63
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 3 - Statistics|§ 63. Compilation of abstracts; forms; expenses

§ 63. Compilation of abstracts; forms; expenses|On or before July 1, the town clerk shall forward such abstracts to the Secretary of Agriculture, Food and Markets, who shall have the abstracts for the entire State compiled and shall make such information available for the newspapers and people of the State. The Secretary shall furnish listers and town clerks with suitable forms in triplicate for collecting such information and returning such abstracts. The expenses of the Secretary incurred under this section shall be paid from the monies annually available for the use of the Agency of Agriculture, Food and Markets. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 121
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 5 - Central Testing Laboratory|§ 121. Creation and purpose

§ 121. Creation and purpose|There is created within the Agency of Agriculture, Food and Markets a central testing laboratory for the purpose of providing agricultural, environmental, and other necessary testing services. (Amended 1981, No. 22; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 58, § E.225.2; 2017, No. 65, § 9, eff. June 8, 2017.)
6 V.S.A. § 122
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 5 - Central Testing Laboratory|§ 122. Fees

§ 122. Fees|Notwithstanding 32 V.S.A. § 603, the Agency shall establish fees for providing agricultural, environmental, and other necessary testing services at the request of private individuals and State agencies. The fees shall be reasonably related to the cost of providing the services. Fees collected under this chapter shall be credited to a special fund which shall be established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and which shall be available to the Agency to offset the cost of providing the services. (Added 1975, No. 220 (Adj. Sess.), § 23; amended 1999, No. 49, § 104; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 58, § E.225.3; 2017, No. 65, § 9, eff. June 8, 2017.)
6 V.S.A. § 123
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 5 - Central Testing Laboratory|§ 123. Regulated drugs

§ 123. Regulated drugs|(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. (Added 2017, No. 65, § 9, eff. June 8, 2017.)
6 V.S.A. § 171
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 171. Establishment of grades and standards

§ 171. Establishment of grades and standards|The Secretary of Agriculture, Food and Markets may establish and adopt official grades and standards for such farm products as he or she may deem advisable, which are produced for sale in this State and, from time to time, may amend or modify such grades and standards. (Amended 1971, No. 153 (Adj. Sess.), eff. March 2, 1972; 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 172
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 172. Notice and hearing

§ 172. Notice and hearing|Before establishing, amending, or modifying any such grades or standards, the Secretary shall hold properly advertised public hearings in such places within the State as he or she shall deem proper. Notice of such hearing shall specify the date and place of each hearing and that it is to be held for the purpose of obtaining information relative to establishing grades or standards for farm products, if found advisable. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 173
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 173. Designation of brands, labels, or trademarks

§ 173. Designation of brands, labels, or trademarks|The Secretary may determine or design brands, labels, or trademarks for identifying farm products packed in accordance with official grades and standards so established and may cause to be printed such brands, labels, or trademarks and may distribute the same at a reasonable price. A written application to the Secretary requesting permission to use such brands, labels, or trademarks and a written acceptance thereto by the Secretary or a duly authorized assistant shall be a condition precedent to the use of such brands, labels, or trademarks. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 174
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 174. Publication of grades, standards, brands, labels, or trademarks

§ 174. Publication of grades, standards, brands, labels, or trademarks|Upon the establishment of such grades or standards and upon the determination of brands, labels, or trademarks, the Secretary shall give them due publicity and distribute information relative to their use. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 175
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 175. Revocation of right to use brands, labels, or trademarks

§ 175. Revocation of right to use brands, labels, or trademarks|The Secretary may revoke or suspend the right to use such brands, labels, or trademarks whenever it appears on investigation that they have been used to identify farm products not in fact conforming to the grade indicated. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 176
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 176. Inspectors and certificates of inspection

§ 176. Inspectors and certificates of inspection|The Secretary may employ inspectors to inspect farm products marked, branded, or labeled in accordance with official grades or standards established and promulgated by the Secretary for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Certificates issued in pursuance of such inspection and executed by the inspector shall state the date and place of inspection, the grade, condition, and approximate quality of the farm products inspected, and any other pertinent facts that the Secretary may require. Such certificates and all federal certificates relative to the condition or quality of such farm products shall be prima facie evidence in all courts of the State of the facts required as aforesaid to be stated therein. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 177
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 177. Access to buildings or places; examination

§ 177. Access to buildings or places; examination|The Secretary, in person or by deputy, shall have free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products marked, branded, or labeled in accordance with official grades established and promulgated by the Secretary are being marketed or held for commercial purposes. He or she shall also have power, in person or by deputy, to open any bags, crates, or other containers containing such farm products and examine the contents thereof and, upon tendering the market price, may take samples therefrom. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 178
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 178. Unlawful acts; penalties

§ 178. Unlawful acts; penalties|(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 a grade established as aforesaid before a permit is granted or after the revocation of the right to use such brand, label, or trademark by the Secretary. For the purpose of further protecting the grades as officially established and adopted by him or her, or any grades established under an act of Congress by the U.S. Department of Agriculture on the same products, it shall be unlawful to use the officially designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such products fully meet the requirements of the official grade indicated.(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. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 179
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 21 - Grades and Standards for Farm Products|§ 179. Regulations; fees

§ 179. Regulations; fees|(a) The Secretary may adopt rules and regulations for carrying out the purposes of this chapter.(b) The Secretary may charge fees for inspection of farm and agricultural commodities or storage facilities and for the establishment of reasonable tolerances incident to proper grading of agricultural products. Any inspection fees charged pursuant to this section shall be sufficient to recover the Agency's costs of inspection, including payment for the inspector's time, and shall be retained by the Agency to reimburse these expenses. In addition, the Secretary may accept fees collected by or for producer organizations for promotional activities. Such fees shall be retained by the Secretary and segregated into separate producer accounts for use to promote agricultural products. (Amended 1975, No. 217 (Adj. Sess.), § 3; 1989, No. 257 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)