reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 113 - Feeding Prohibited Food Waste to Swine › § 1671. Definition

§ 1671. Definition
(a) As used in this chapter, “prohibited food waste” means the following:
(1) pre- and postconsumer waste material derived in whole or in part from the meat of any animal, including fish and poultry, or from other animal material; or
(2) material that, as a result of the handling, preparation, cooking, disposal, or consumption of food, has come into contact with pre- or postconsumer waste material derived in whole or in part from the meat of any animal, including fish or poultry, or from other animal material.
(b) The term “prohibited food waste” shall not include the following:
(1) waste from ordinary household operations that is fed directly to swine raised exclusively for the use in the household of the owner of the swine by members of the household and nonpaying guests and employees; and
(2) processed dairy products. (Amended 2003, No. 37, § 4; 2017, No. 30, § 5.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 113 - Feeding Prohibited Food Waste to Swine › § 1672. Feeding of prohibited food waste

§ 1672. Feeding of prohibited food waste
No person shall feed prohibited food waste to swine or supply prohibited food waste to others for the purpose of feeding it to swine. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 37, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 113 - Feeding Prohibited Food Waste to Swine › § 1675. Inspection and investigation; records

§ 1675. Inspection and investigation; records
Any authorized representative of the Vermont Agency of Agriculture, Food and Markets or U.S. Department of Agriculture is authorized to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating the allegations of feeding of prohibited food waste to swine. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 37, § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 5.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 113 - Feeding Prohibited Food Waste to Swine › § 1676. Rules; cooperation with United States

§ 1676. Rules; cooperation with United States
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. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 5; 2021, No. 105 (Adj. Sess.), § 105, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 113 - Feeding Prohibited Food Waste to Swine › § 1677. Penalties

§ 1677. Penalties
A person who violates any of the provisions of or who fails to perform any duty imposed by this chapter or who violates any rule adopted under this chapter shall be assessed an administrative penalty under section 15 of this title. Each day upon which the violation occurs constitutes a separate offense. In addition to an administrative penalty, the person may be enjoined from further violation. (Amended 2003, No. 37, § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 5; 2017, No. 113 (Adj. Sess.), § 25; 2021, No. 105 (Adj. Sess.), § 106, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 115 - Veterinary Pharmaceuticals › § 1731. Sale, distribution, or use

§ 1731. Sale, distribution, or use
(a) A person, firm, or corporation other than a licensed veterinarian shall not sell, trade, distribute, or use in this State any product containing live germs, cultures, or virulent products for the treatment of any domestic animal without first obtaining written authorization from the Secretary of Agriculture, Food and Markets.
(b) In no case may a person, firm, or corporation, including licensed veterinarians, use or possess virulent live virus hog cholera vaccine. (Amended 1961, No. 6; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 6.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 115 - Veterinary Pharmaceuticals › § 1732. Penalties

§ 1732. Penalties
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. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 30, § 6.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1802. Definitions

§ 1802. Definitions
For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:
(1) “Commission” means the Commission established by this compact.
(2) “Compact” means this Interstate Compact.
(3) “Region” means the territorial limits of the states which are or become parties to this compact.
(4) “Participating state” means a state which has become a party to this compact by the enactment of concurring legislation.
(5) “Regulated area” means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order.
(6) “Pool plant” means any milk plant located in a regulated area.
(7) “Partially regulated plant” means a milk plant not located in a regulated area but having Class I distribution within such area, or receipts from producers located in such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein.
(8) “Compact over-order price” means a minimum price required to be paid to producers for Class I milk established by the Commission in regulations adopted pursuant to sections 1810 and 1811 of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the Commission.
(9) “Commission marketing order” means regulations adopted by the Commission pursuant to sections 1810 and 1811 of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the Commission. Such order may establish minimum prices for any or all classes of milk.
(10) “Milk” means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the Commission for regulatory purposes.
(11) “Class I milk” means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subsection (b) of section 1803 of this compact.
(12) “State dairy regulation” means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order or otherwise. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1803. Rules of construction

§ 1803. Rules of construction
(a) This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the Commission the option to replace them with one or more commission marketing orders pursuant to this compact.
(b) This compact shall be construed liberally in order to achieve the purposes and intent enunciated in section 1801 of this compact. It is the intent of this compact to establish a basic structure by which the Commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the Commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the Commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1804. Commission established

§ 1804. Commission established
There is hereby created a Commission to administer the compact, composed of delegations from each state in the region. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state. Delegation members shall serve no more than three consecutive terms with no single term of more than four years, and be subject to removal for cause. In all other respects, members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the Commission. Each state delegation shall be entitled to one vote in the conduct of the Commission’s affairs. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1805. Voting requirements

§ 1805. Voting requirements
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. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1806. Administration and management

§ 1806. Administration and management
(a) The Commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The Commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the Commission, and, together with the treasurer, shall be bonded in an amount determined by the Commission. The Commission may establish through its bylaws an executive committee composed of one member elected by each delegation.
(b) The Commission shall adopt bylaws for the conduct of its business by a two-thirds vote, and shall have the power by the same vote to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form with the appropriate agency or officer in each of the participating states. The bylaws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.
(c) The Commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.
(d) In addition to the powers and duties elsewhere prescribed in this compact, the Commission shall have the power:
(1) to sue and be sued in any state or federal court;
(2) to have a seal and alter the same at pleasure;
(3) to acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;
(4) to borrow money and to issue notes, to provide for the rights of the holders thereof, and to pledge the revenue of the Commission as security therefor, subject to the provisions of section 1818 of this compact;
(5) to appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications; and
(6) to create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The Commission may also retain personal services on a contract basis. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1807. Rulemaking power

§ 1807. Rulemaking power
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. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1808. Powers to promote regulatory uniformity, simplicity, and interstate cooperation

§ 1808. Powers to promote regulatory uniformity, simplicity, and interstate cooperation
The Commission is hereby empowered to:
(1) Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, and to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.
(2) Prepare and transmit to the participating states model dairy laws and regulations dealing with the inspection of farms and plants, sanitary codes, labels for dairy products and their imitations, standards for dairy products, license standards, producer security programs, and fair trade laws.
(3) Study and recommend to the participating states joint or cooperative programs for the administration of the dairy laws and regulations and prepare estimates of cost savings and benefits of such programs.
(4) Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposiums or conferences designed to improve industry relations, or a better understanding of problems.
(5) Prepare and release periodic reports on activities and results of the Commission’s efforts to the participating states.
(6) Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk.
(7) Investigate costs and charges for producing, hauling, handling, processing, distributing, selling and for all other services performed with respect to milk.
(8) Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1811. Rulemaking procedure

§ 1811. Rulemaking procedure
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. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1812. Findings and referendum

§ 1812. Findings and referendum
In addition to the concise general statement of basis and purpose required by section 4(b) of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553(c)) the Commission shall make findings of fact with respect to:
(1) Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV.
(2) What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes.
(3) Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order.
(4) Whether the terms of the proposed regional order or amendment are approved by producers as provided in section 1813 of this compact. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1814. Termination of over-order price or marketing order

§ 1814. Termination of over-order price or marketing order
(a) The Commission shall terminate any regulations establishing an over-order price or Commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.
(b) The Commission shall terminate any regulations establishing an over-order price or a Commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the Commission, have been engaged in the production of milk, the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.
(c) The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by section four of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553). (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1815. Records, reports, access to premises

§ 1815. Records, reports, access to premises
(a) The Commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the Commission is authorized to examine the books and records of any regulated person relating to his or her milk business, and for that purpose, the Commission’s properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.
(b) Information furnished to or acquired by the Commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the Commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the Commission. The Commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the Commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.
(c) No officer, employee, or agent of the Commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall upon conviction be subject to a fine of not more than $1,000.00 or to imprisonment for not more than one year, or to both, and shall be removed from office. The Commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or U.S. Attorney. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1816. Subpoena, hearings, and judicial review

§ 1816. Subpoena, hearings, and judicial review
(a) The Commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.
(b) Any handler subject to an order may file a written petition with the Commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He or she shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Commission. After such hearing, the Commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.
(c) The district courts of the United States in any district in which such handler is an inhabitant, or has his or her principal place of business, are hereby vested with jurisdiction in equity to review such ruling, provided a bill in equity for that purpose is filed within 30 days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Commission by delivering to it a copy of the bill of complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the Commission from obtaining relief pursuant to section 1818 of this compact. Any proceedings brought pursuant to section 1818 (except where brought by way of counterclaim in proceedings instituted pursuant to this section) shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1817. Enforcement with respect to handlers

§ 1817. Enforcement with respect to handlers
(a) Any violation by a handler of the provisions of regulations establishing an over-order price or a Commission marketing order, or other regulations adopted pursuant to this compact shall:
(1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.
(2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.
(b) With respect to handlers, the Commission shall enforce the provisions of this compact, regulations establishing an over-order price, a Commission marketing order, or other regulations adopted hereunder by:
(1) Commencing an action for legal or equitable relief brought in the name of the Commission in any state or federal court of competent jurisdiction; or
(2) With the agreement of the appropriate state agency of a participating state, by referral to the state agency for enforcement by judicial or administrative remedy.
(c) With respect to handlers, the Commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1818. Finance of start-up and regular costs

§ 1818. Finance of start-up and regular costs
(a) To provide for its start-up costs, the Commission may borrow money pursuant to its general power under section 1806 of this compact, subdivision (d)(4). In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the Commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the Commission convenes, in an amount not to exceed one-tenth of one percent of the applicable federal market order blend price per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the Commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the Commission’s ongoing operating expenses.
(b) The Commission shall not pledge the credit of any participating state or of the United States. Notes issued by the Commission and all other financial obligations incurred by it, shall be its sole responsibility and no participating state or the United States shall be liable therefor. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1819. Audit and accounts

§ 1819. Audit and accounts
(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. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1820. Entry into force; additional members

§ 1820. Entry into force; additional members
The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia, and when the consent of Congress has been obtained. This compact shall also be open to states that are contiguous to any of the named states and open to states that are contiguous to participating states. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1821. Withdrawal from compact

§ 1821. Withdrawal from compact
Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the Commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1822. Severability

§ 1822. Severability
If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. (Added 1993, No. 57, § 1, eff. June 3, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 141 - Northeast Interstate Compact for Dairy Pricing › § 1823. Secretary: delegation from State of Vermont

§ 1823. Secretary: delegation from State of Vermont
(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. (Added 1993, No. 57, § 1, eff. June 3, 1993; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2671. Purpose

§ 2671. Purpose
(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. (Added 1965, No. 175, § 1; amended 1979, No. 101 (Adj. Sess.), § 8; 1981, No. 198 (Adj. Sess.), § 8, eff. April 22, 1982; 2021, No. 105 (Adj. Sess.), § 107, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2673. Appointment of Secretary of State for service of process

§ 2673. Appointment of Secretary of State for service of process
Before a license is issued under the provisions of this subchapter, the handler, if a nonresident or a foreign corporation, shall, in writing, appoint the Secretary of State its attorney upon whom service of legal process in any action or proceeding against it may be made with the same validity as if made upon the handler. The provisions of 9 V.S.A. §§ 4209 and 4210 shall apply to such handler. (Added 1965, No. 175, § 20.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2674. Records and reports — Handlers

§ 2674. Records and reports — Handlers
(a) On or before March 1 of each year, all handlers shall send the Secretary a full and accurate report of the amount of business done during the preceding year, together with such other statistical information as the Secretary may require. Failure to file requested information shall be grounds for suspension of license. If the handler purchases milk from a Vermont farm, a cooperative representing a Vermont farm, or a marketing service owned by a cooperative, the handler, in addition to any other information required by the Secretary, shall provide the following information:
(1) the source or sources of milk purchased by the handler and the monthly quantity purchased for each of the past 12 months;
(2) a sworn balance sheet showing assets and liabilities and a profit and loss statement as of the end of the handler’s preceding fiscal year and such other information regarding its financial condition as the Secretary may require; and
(3) a statement as to when all Vermont producers will be paid in part and in full, provided that payment shall be made as agreed upon but not later than the 25th day of the following month.
(b) A milk handler that is licensed under this chapter and that withdraws more than 57,600 gallons of groundwater per day averaged over any 30-consecutive-day period shall annually report estimated water use to the Secretary of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall share information reported under this section with the Agency of Natural Resources. (Added 1965, No. 175, § 21; amended 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 199 (Adj. Sess.), § 7, eff. June 9, 2008; 2013, No. 159 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2675. Distributors

§ 2675. Distributors
All distributors in any market specified by the Commission as one in which it is in the public interest to regulate the supply, production, and quality of milk, shall keep such records and make such reports as the Commission may reasonably require. All other distributors shall keep such records and make such reports as the Commission may reasonably require to keep it informed at all times as to the adequacy of such supply, production, and quality of milk. Any member of the Commission or its representative shall have access to and may enter and examine, at all reasonable hours, all places where milk is produced, handled, distributed, or sold and examine all books and records kept. (Added 1965, No. 175, § 49; amended 1991, No. 17, § 8(a), eff. April 4, 1991.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2676. Title to milk in tank truck; costs of hauling

§ 2676. Title to milk in tank truck; costs of hauling
(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. (Added 1965, No. 175, § 35; amended 2009, No. 148 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2677. Fluid dairy products for livestock feed

§ 2677. Fluid dairy products for livestock feed
A milk plant or handler shall not dispense or deliver fluid dairy products other than whey for livestock feed, including poultry, except under rules as may be adopted by the Secretary. (Added 1965, No. 175, § 36; amended 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011; 2021, No. 105 (Adj. Sess.), § 109, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2678. Penalties

§ 2678. Penalties
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. (Added 1965, No. 175, § 75; amended 2021, No. 105 (Adj. Sess.), § 110, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2679. Administrative penalties

§ 2679. Administrative penalties
Any person who violates any provision of this chapter or any rule adopted under this chapter may be assessed an administrative penalty under section 15 of this title. (Added 1995, No. 128 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2680. Labeling milk as fresh

§ 2680. Labeling milk as fresh
Milk shall not be labeled as “fresh milk,” “Vermont fresh milk,” or “northeastern fresh milk” unless the milk meets the definitions in section 2672 of this chapter. (Added 2007, No. 101 (Adj. Sess.), § 3, eff. April 22, 2008.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2681. Additives

§ 2681. Additives
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. (Added 2011, No. 39, § 1, eff. May 19, 2011; amended 2015, No. 23, § 75.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2701. Rules

§ 2701. Rules
(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. (Added 1965, No. 175, §§ 8, 32; amended 1969, No. 73, § 2, eff. April 18, 1969; 2001, No. 39, § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011; 2015, No. 23, § 76; 2017, No. 113 (Adj. Sess.), § 27; 2019, No. 83, § 16.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2703. Grading services

§ 2703. Grading services
The Secretary is authorized to cooperate with the federal government in furnishing inspection or grading service for dairy products to milk handlers and other persons. The Secretary shall establish uniform fees for this service. (Added 1965, No. 175, § 34; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2704. Trustee of handlers’ bonds

§ 2704. Trustee of handlers’ bonds
All bonds or other securities required and furnished under the provisions of this part shall be given to the Secretary as trustee for each and all of the producers in this State and shall be conditioned for the faithful performance by the handler of all the acts prescribed and all the conditions imposed upon the handler by this part, and for compliance by the handler of all the general laws of this State now in force or hereafter enacted and rules adopted under those general laws. (Added 1965, No. 175, § 23; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 111, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2705. Revocation of licenses

§ 2705. Revocation of licenses
(a) The Secretary may after due notice and hearing revoke a handler’s license if after due investigation made by the Secretary the handler is deemed to be in violation of any provisions of this part or the rules adopted under this part. The Secretary is charged with the administration and enforcement of this part.
(b) If the Secretary is unable to secure compliance with the provisions of this part and the rules adopted under this part, the Secretary shall report the matter to the Attorney General, together with all relevant information. Except as provided in section 2881 of this title, the Attorney General shall take such action as the public interest requires, including injunctions or prosecution in any court of competent jurisdiction. (Added 1965, No. 175, § 73; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 28; 2021, No. 105 (Adj. Sess.), § 112, eff. July 1, 2022.)