reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 66 - Produce Inspection › § 851. Definitions

§ 851. Definitions
As used in this chapter:
(1) “Adulterated” has the same meaning as in 18 V.S.A. § 4059 when applied to produce and includes “adulteration” under rules adopted under 18 V.S.A. chapter 82.
(2) “Agency” means the Agency of Agriculture, Food and Markets.
(3) “Farm” has the same meaning as used in 21 C.F.R. § 112.3.
(4) “Produce” has the same meaning as used in 21 C.F.R. § 112.3.
(5) “Produce farm” means any farm engaged in the growing, harvesting, packing, or holding of produce.
(6) “Secretary” means the Secretary of Agriculture, Food and Markets. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2021, No. 174 (Adj. Sess.), § 4, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 66 - Produce Inspection › § 852. Authority

§ 852. Authority
(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. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2017, No. 180 (Adj. Sess.), § 2, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 18, eff. May 30, 2018; 2021, No. 105 (Adj. Sess.), § 89, eff. July 1, 2022; 2021, No. 174 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 66 - Produce Inspection › § 853. Farm inspections

§ 853. Farm inspections
(a)(1) The Secretary may inspect a produce farm during reasonable hours for the purposes of ensuring compliance with:
(A) the federal standards for growing, harvesting, packing, and holding of produce for human consumption, as adopted under 21 C.F.R. part 112;
(B) the rules adopted under this chapter; or
(C) eligibility for and conformity with the exemptions and modified requirements adopted under 21 C.F.R. part 112.
(2) This section shall not limit the Secretary’s authority to respond to an emergency in order to prevent a public health hazard under section 21 of this title.
(b) The Secretary may coordinate with other State agencies and organizations to carry out inspections at or near the same time on a given produce farm. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2017, No. 180 (Adj. Sess.), § 3, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 19, eff. May 30, 2018; 2021, No. 174 (Adj. Sess.), § 6, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 66 - Produce Inspection › § 854. Records

§ 854. Records
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. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2021, No. 105 (Adj. Sess.), § 90, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 66 - Produce Inspection › § 856. Enforcement; corrective actions

§ 856. Enforcement; corrective actions
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. (Added 2017, No. 180 (Adj. Sess.), § 4, eff. May 28, 2018; amended 2017, No. 194 (Adj. Sess.), § 20, eff. May 30, 2018.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 66 - Produce Inspection › § 857. Enforcement; administrative orders

§ 857. Enforcement; administrative orders
(a) Notwithstanding the requirements of section 856 of this title, the Secretary at any time may pursue one or more of the following:
(1) issue a cease and desist order to a person the Secretary believes to be in violation of the rules listed in section 852 of this title;
(2) issue a verbal order or written administrative order to protect public health, including orders for the stop sale, recall, embargo, destruction, quarantine, and release of produce, when:
(A) the U.S. Food and Drug Administration requires immediate State action; or
(B) an alleged violation, activity, or farm practice presents an immediate threat to the public health or welfare;
(3) order mandatory corrective actions;
(4) take any action authorized under chapter 1 of this title; or
(5) seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title.
(b) When the Secretary of Agriculture, Food and Markets issues a cease and desist order, written administrative order, or required corrective action under subsection (a) of this section, the Secretary shall provide the person subject to the order or corrective action with a statement that the order or corrective action is effective upon receipt and the person has 15 days from the date the order or corrective action was issued to request a hearing.
(c) If the Secretary of Agriculture, Food and Markets issues a verbal order under this section, the Secretary shall issue written notice to the person subject to the order within five days of the issuance of the verbal order. The written notice shall include a statement that the person has 15 days from the date the written notice was received to request a hearing.
(d) If a person who receives a cease and desist order, a verbal order, an administrative order, or a mandatory corrective action under this section does not request in writing a hearing within 15 days of receipt of the order or within 15 days of written notice for a verbal order, the person’s right to a hearing is waived. Upon receipt of a written request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order, verbal order, or administrative order issued under this section shall not stay the order.
(e) A person aggrieved by a final action or decision of the Secretary under this section may appeal de novo to the Civil Division of the Superior Court within 30 days of the final decision of the Secretary. (Added 2017, No. 180 (Adj. Sess.), § 4, eff. May 28, 2018; amended 2017, No. 194 (Adj. Sess.), § 20, eff. May 30, 2018; 2019, No. 14, § 7, eff. April 30, 2019; 2023, No. 6, § 47, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 67 - Public Warehouses That Store Farm Products › § 891. License

§ 891. License
Excepting frozen food locker plants, any person, as defined in 9A V.S.A. §§ 1-201 and 7-102, who stores milk, cream, butter, cheese, eggs, meat, poultry, and fruit for hire in quantities of 1,000 pounds or more of any commodity shall first be licensed by the Secretary of Agriculture, Food and Markets. Each separate place of business shall be licensed. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 83, § 5, eff. June 10, 2013.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 67 - Public Warehouses That Store Farm Products › § 892. Requirements

§ 892. Requirements
Before licensing such places, the Secretary shall satisfy himself or herself as to the condition of the building, sanitation, refrigeration, and the general safety of the stored goods under the rules and requirements that he or she may deem proper. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 91, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 67 - Public Warehouses That Store Farm Products › § 893. Application forms; fee

§ 893. Application forms; fee
The Secretary of Agriculture, Food and Markets shall furnish necessary application forms. The annual license date shall be April 1. The annual license fee shall be $125.00. (Amended 1975, No. 220 (Adj. Sess.), § 8; 1989, No. 257 (Adj. Sess.), § 7; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 912. Administration

§ 912. Administration
Jurisdiction in all matters pertaining to the distribution, sale, and transportation of economic poisons is by this chapter vested exclusively in the Secretary. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 913. Powers of Secretary

§ 913. Powers of Secretary
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. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 914. Delegation of duties

§ 914. Delegation of duties
All authority vested in the Secretary by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Agency of Agriculture, Food and Markets as the Secretary may from time to time designate for such purpose. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 915. Rules

§ 915. Rules
The Secretary, after due public hearing, may make appropriate rules for carrying out the provisions of this chapter, including rules providing for the collection and examination of samples of economic poisons. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 92, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 916. Cooperation with State and federal agencies

§ 916. Cooperation with State and federal agencies
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. (Amended 1975, No. 42, § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 93, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 917. Uniformity between State requirements and federal regulations

§ 917. Uniformity between State requirements and federal regulations
In order to avoid confusion, endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, and to avoid increased costs to the people of this State due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such poisons. To this end, the Secretary is authorized to adopt rules, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed by the U.S. Environmental Protection Agency with respect to economic poisons. (Amended 1975, No. 42, § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 94, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 920. Other prohibitions

§ 920. Other prohibitions
(a) It shall be unlawful for any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, an economic poison in a manner that may defeat the purpose of this chapter.
(b) It shall be unlawful for any person to use for his or her own advantage or to reveal, other than to the Secretary or proper officials or employees of the State or to the courts of this State in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 918 of this title. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 96, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 921. Seizure and condemnation

§ 921. Seizure and condemnation
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. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2017, No. 113 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 922. Disposition after condemnation

§ 922. Disposition after condemnation
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.
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 923. Procedure for prosecuting violations

§ 923. Procedure for prosecuting violations
The examination of economic poisons shall be made under the direction of the Secretary for the purpose of determining whether they comply with the requirements of this chapter. If it shall appear from such examination that an economic poison fails to comply with the provisions of this chapter, and the Secretary contemplates instituting criminal proceedings against any person, the Secretary shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity to present his or her views, either orally or in writing, with regard to such contemplated proceedings and if thereafter in the opinion of the Secretary it shall appear that the provisions of the chapter have been violated by such person, then the Secretary shall refer the facts to the State’s Attorney for the county in which the violation shall have occurred with a copy of the results of the analysis or the examination of such article. However, nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel proceedings minor violations of the chapter whenever he or she believes that the public interests will be best served by a suitable notice of warning in writing. (Amended 2003, No. 42, § 2, May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 924. Duty of State’s Attorney

§ 924. Duty of State’s Attorney
It shall be the duty of each State’s Attorney to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the Superior Court without delay. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 926. Penalties

§ 926. Penalties
(a) Any person violating subdivision 919(1) of this title shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00.
(b) Any person violating any provision of this chapter other than subdivision 919(1) of this title shall be guilty of a misdemeanor and upon a conviction shall be fined not more than $100.00 for the first offense and upon conviction for a subsequent offense shall be fined not more than $200.00, provided that any offense committed more than five years after a previous conviction shall be considered a first offense, and provided further that in any case where a registrant was issued a warning by the Secretary pursuant to the provisions of this chapter, such registrant shall, upon conviction of a violation of any provision of this chapter other than subdivision 919(1) of this title, be fined not more than $200.00 or imprisoned for not more than one year, or be subject to both such fine and imprisonment, and the registration of the article with reference to which the violation occurred shall terminate automatically. An article, the registration of which has been terminated, may not again be registered unless the article, its labeling, and other material required to be submitted appear to the Secretary to comply with all the requirements of this chapter.
(c) Notwithstanding any other provisions of this section, in case any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of section 918 of this title, he or she shall be fined not more than $200.00 or imprisoned for not more than one year, or both. (Amended 2003, No. 42, § 2, May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 927. Exceptions from penalties

§ 927. Exceptions from penalties
The penalties provided for violations of section 919 of this title shall not apply to:
(1) Any carrier while lawfully engaged in transporting an economic poison within this State, if such carrier shall, upon request, permit the Secretary or his or her designated agent to copy all records showing the transactions in and movement of the articles.
(2) Public officials of this State and the federal government engaged in the performance of their official duties.
(3) The manufacturer or shipper of an economic poison for experimental use only:
(A) by or under the supervision of an agency of this State or of the federal government authorized by law to conduct research in the field of economic poisons; or
(B) by others if the economic poison is not sold and if the container thereof is plainly and conspicuously marked “For experimental use only—Not to be sold,” together with the manufacturer’s name and address. However, if a written permit has been obtained from the Secretary, economic poisons may be sold for experiment purposes subject to such restrictions and conditions as may be set forth in the permit. (Amended 2003, No. 42, § 2, May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 81 - Insecticides, Fungicides, and Rodenticides › § 929. Revolving fund

§ 929. Revolving fund
(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.] (Added 1985, No. 72, § 3, eff. May 20, 1985; amended 1987, No. 71, § 2; 1995, No. 125 (Adj. Sess.), § 2; 1999, No. 49, § 116(1); 2003, No. 42, § 2, May 27, 2003; 2005, No. 72, § 22; 2023, No. 6, § 49, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 83 - Pest Control Compact › § 982. Cooperation of State agencies with Insurance Fund

§ 982. Cooperation of State agencies with Insurance Fund
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. (Added 2009, No. 8, § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 83 - Pest Control Compact › § 983. Filing of bylaws and amendments

§ 983. Filing of bylaws and amendments
Pursuant to section 981 of this title, Article IV(h) of the compact, copies of bylaws and amendments shall be filed with the Agency of Agriculture, Food and Markets. (Added 2009, No. 8, § 2; amended 2021, No. 105 (Adj. Sess.), § 98, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 83 - Pest Control Compact › § 984. Compact Administrator

§ 984. Compact Administrator
The Compact Administrator for this State shall be the Secretary of Agriculture, Food and Markets or a designated representative. The duties of the Compact Administrator shall be deemed a regular part of the duties of the Secretary’s office. (Added 2009, No. 8, § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 83 - Pest Control Compact › § 985. Request for assistance from Insurance Fund

§ 985. Request for assistance from Insurance Fund
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. (Added 2009, No. 8, § 2; amended 2021, No. 105 (Adj. Sess.), § 99, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 83 - Pest Control Compact › § 986. Credit for expenditures

§ 986. Credit for expenditures
The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to its, his, or her account in the State Treasury the amount or amounts of any payments made to this State to defray the cost of such program, or any part thereof, or as reimbursement thereof. (Added 2009, No. 8, § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1031. Functions of Secretary of Agriculture, Food and Markets and Commissioner of Forests, Parks and Recreation cooperation

§ 1031. Functions of Secretary of Agriculture, Food and Markets and Commissioner of Forests, Parks and Recreation cooperation
Under the provisions of this chapter, the Secretary of Agriculture, Food and Markets shall have jurisdiction over plans for the survey, detection, and management of agricultural plant pests, and the Commissioner of Forests, Parks and Recreation over plans for the survey, detection, and management of forest pests. When the word “Secretary” is used in sections 1033 and 1034 of this title, it shall mean either the Secretary of Agriculture, Food and Markets or the Commissioner of Forests, Parks and Recreation. The two officials shall cooperate with each other on jointly operated projects to avoid duplication of efforts or duties. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 121 (Adj. Sess.), § 87, eff. June 8, 2004.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1032. Powers of the Secretary

§ 1032. Powers of the Secretary
The Secretary in furtherance of the purposes of this chapter may:
(1) Adopt and amend rules as he or she deems necessary in order to carry out the provisions of sections 1033, 1034, 1035, and 1040 of this chapter.
(2) Appoint assistants, subject to applicable laws and rules, to perform or assist in the performance of any of the duties or functions of the Secretary under this chapter.
(3) Excluding private domiciles and curtilage, enter any premises, public or private, as may be necessary to carry out the provisions of this chapter. Whenever practicable, advance notice of a proposed survey or examination shall be given to the owner or occupant of the property to be entered.
(4) Solicit and receive federal or private funds.
(5) Cooperate with the federal government and any agencies, departments, and instrumentalities of the federal government; the State of Vermont and any agencies, departments, divisions, or political subdivisions of the State; and any other state or commonwealth and any agencies, departments, or political subdivisions of a state or commonwealth in order to carry out the provisions of this chapter.
(6) Enter into compliance agreements with any person engaged in growing, handling, or moving regulated articles, plant pests, plants, or plant products. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1033. Detection and abundance surveys; eradication and suppression

§ 1033. Detection and abundance surveys; eradication and suppression
The Secretary may conduct detection and abundance surveys for plant pests of an injurious nature that may be present in the State to determine the necessity for establishing control practices. When the Secretary determines that a new injurious plant pest exists within the State or that an established pest requires control and the nature of the pest dictates immediate action, he or she may proceed with a plan of eradication or suppression. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1034. Quarantines

§ 1034. Quarantines
The Secretary may establish and maintain quarantines and adopt other orders and rules pursuant to 3 V.S.A. chapter 25 concerning the planting, exposing, sale, importation, and transportation of all plants and plant products and regulated articles capable of carrying plant pests of an injurious nature in any living stage within the State. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1035. Permits

§ 1035. Permits
No person shall sell, offer for sale, barter, expose, move, transport, deliver, ship, or offer for shipment into or within this State any plant pest or biological control agent in any living stage without first obtaining a federal permit, where applicable, and a State permit from the Secretary. A State permit may only be issued after it has been determined by the Secretary that the plant pests or biological control agents are not injurious, are generally present already, or are for scientific purposes subject to specified safeguards. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1036. Technical assistance

§ 1036. Technical assistance
The Secretary may provide technical assistance in the area of pest management. Such assistance may include diagnostic services, pest identification, and pest management recommendations. The Secretary is also authorized to conduct demonstrations, investigations, and case studies on pest management strategies. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1037. Administrative orders

§ 1037. Administrative orders
The Secretary may issue appropriate orders and institute appropriate proceedings on behalf of the agency to enforce this chapter or any rules adopted under this chapter. Orders, including stop-sale orders, shall be in writing and include the reason for action; a description of the plant pest, plants, parts of plants, plant products, or regulated articles at issue; any instructions to separate the described items; any recommended treatment or action to prevent spread; and appeal rights. Stop-sale tags shall not be removed without the Secretary’s written permission or written determination for suitable disposal. Whenever the Secretary believes that any person is in violation of this chapter or rules adopted under this chapter, an action may be brought in a court of competent jurisdiction to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions or other relief as may be necessary and appropriate for abatement of any violations. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 73, § 21, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1038. Administrative penalties

§ 1038. Administrative penalties
A person who violates any provisions of this chapter or a rule adopted under this chapter may be assessed an administrative penalty by the Secretary pursuant to the provisions of section 15 of this title. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 84 - Pest Survey, Detection, and Management › § 1039. Confidentiality of trade secrets

§ 1039. Confidentiality of trade secrets
The Secretary may not make information public that contains or relates to trade secrets, commercial, or financial information obtained from a person that is privileged or confidential. However, when the information is necessary to carry out the provisions of this chapter or any of the rules adopted under this chapter, this information may be revealed, subject to a protective order, to any federal or state agency or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the Secretary. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 85 - Mosquito Abatement › § 1082. Mosquito and biting arthropod control by Agency

§ 1082. Mosquito and biting arthropod control by Agency
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. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 85 - Mosquito Abatement › § 1084. Engineers or technicians; equipment; entry on lands

§ 1084. Engineers or technicians; equipment; entry on lands
The Secretary may employ one or more trained mosquito control engineers or technicians to carry out provisions of section 1083 of this title and procure such equipment as is necessary. The Secretary and his or her duly authorized agents may enter upon any lands in the State making the aforementioned surveys, investigations, and studies. (Amended 1959, No. 329 (Adj. Sess.), § 14, eff. March 1, 1961; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 85 - Mosquito Abatement › § 1085. Mosquito Control Grant Program

§ 1085. Mosquito Control Grant Program
(a) A Mosquito Control District formed pursuant to 24 V.S.A. chapter 121 may apply, in a manner prescribed by the Secretary, in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for mosquito control activities.
(b) After submission of an application under subsection (a) of this section, the Secretary of Agriculture, Food and Markets may award a grant of 75 percent or less of the project costs for the purchase and application of larvicide and the costs associated with required larval survey activities within a Mosquito Control District. The Mosquito Control District may provide 25 percent of the project costs through in-kind larvicide services or the purchase of capital equipment used for larval activities. At the Secretary’s discretion, costs associated with capital equipment that may be required for larval control programs within a Mosquito Control District may be eligible for grant awards up to 75 percent of the total equipment costs.
(c) The Secretary of Agriculture, Food and Markets shall make awards under this section to priority projects to the extent funds are available. In establishing priorities for individual projects, the Agency shall consider the following:
(1) the history of mosquito breeding in the Mosquito Control District based on epizootic mosquito population;
(2) the history of mosquito populations in the Mosquito Control District in relation to mosquito breeding areas; and
(3) a recommendation by the Agency of Agriculture, Food and Markets or a local survey approved by the Agency of Agriculture, Food and Markets regarding local mosquito breeding habitat or adult mosquito populations within the Mosquito Control District.
(d) Prior to an award of a grant under this section, a Mosquito Control District shall provide the Secretary of Agriculture, Food and Markets with proof of financial insurance for mosquito control activities and shall submit a notice of intent to apply for a permit issued under section 1083 of this title.
(e) Larvicide application funded in part under this section shall occur only after the Secretary of Agriculture, Food and Markets approves treatment as warranted within a Mosquito Control District. The approval of the Secretary shall be based upon a biological assessment of mosquito larvae and pupae populations by a technician trained and approved by the Agency of Agriculture, Food and Markets.
(f) The Secretary of Agriculture, Food and Markets may use State funds appropriated for mosquito control assistance under this section for mosquito control projects or studies that are in the best interests of the State when an appropriate Mosquito Control District is not available or not eligible to receive a grant.
(g) The Secretary may adopt rules to carry out the provisions of this section. (Added 2007, No. 34, § 1, eff. May 18, 2007; amended 2013, No. 83, § 9, eff. June 10, 2013; 2013, No. 159 (Adj. Sess.), § 3; 2021, No. 174 (Adj. Sess.), § 7, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1101. Definitions

§ 1101. Definitions
As used in this chapter unless the context clearly requires otherwise:
(1) “Secretary” shall have the 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” shall have the 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 virus, bacteria, or other microorganisms that the Secretary declares as being injurious to health or environment. Pest shall 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 shall be 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. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1975, No. 39, § 2; 1987, No. 71, § 3; 2003, No. 42, § 2; 2015, No. 99 (Adj. Sess.), § 1; 2021, No. 145 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1103. Regulation by Secretary

§ 1103. Regulation by Secretary
(a) General authority. The Secretary shall have responsibility for regulating and controlling the sale, use, storage, treatment, and disposal of pesticides and pesticide wastes in order to promote the public health, safety, and welfare and protect agricultural and natural resources. In the performance of such duties, the Secretary shall act upon the advice of the Agricultural Innovation Board and subject to the approval of the Governor.
(b) Management program. By January 1, 1993, the Secretary, in conjunction with the committee described in this section, shall make recommendations to the Vermont General Assembly regarding a management program for unwanted, obsolete, and waste quantities of pesticides. These recommendations shall be of a nature that, if implemented, will provide for the proper management of these pesticides and address all pesticides sold into the State of Vermont. These recommendations shall include recommendations for funding.
(c) Management program committee. The committee convened by the Secretary to make the recommendations required under this section shall be composed of at least the following members, appointed by the Secretary:
(1) a representative from the Agency of Natural Resources;
(2) a representative from a regional planning commission;
(3) a representative from a farmer group;
(4) a representative from an environmental group;
(5) a representative from the manufacturers of pesticides;
(6) a representative from a retail sales association;
(7) a representative from the Department of Health; and
(8) a representative of the general public.
(d) Management program recommendations. Recommendations for the program under this section shall include, at least, recommendations related to the following:
(1) responsibility of manufacturers of pesticides;
(2) responsibility of retailers and wholesalers;
(3) responsibility of consumers;
(4) responsibility of government;
(5) public education efforts to inform consumers;
(6) efforts to prioritize collection of pesticides;
(7) efforts to divert pesticides from the municipal waste stream;
(8) opportunities to use up pesticides in the possession of consumers;
(9) funding of all program elements;
(10) identification of characteristics of pesticides that should be banned from landfill disposal; and
(11) date at which pesticides should be banned from landfill disposal. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1981, No. 53, § 1; 1991, No. 210 (Adj. Sess.), § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 49, § 4, eff. Jan. 1, 2022; 2021, No. 105 (Adj. Sess.), § 101, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1105. Use and sale of DDT prohibited

§ 1105. Use and sale of DDT prohibited
No person shall sell, use, or apply dichloro-diphenyl-trichloro-ethane, sometimes referred to as DDT, on or after December 31, 1971, except when the Secretary certifies that an emergency exists that requires its use. When the Secretary finds that an emergency exists and so certifies, he or she shall prescribe the conditions under which and the period for which it may be used. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1106. Financial responsibility

§ 1106. Financial responsibility
The Secretary may require from a licensee or an applicant for a license under this chapter evidence of his or her financial ability to properly indemnify persons suffering damage from the use or application of economic poison, in the form of a surety bond, liability insurance, or cash deposit of at least $1,000,000.00, but this section shall neither restrict nor enlarge the liability of any person under applicable laws. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 159 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1107. Penalty

§ 1107. Penalty
Any person who violates any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any permit, license, or certificate issued by the Secretary, shall be subject to a fine not to exceed $25,000.00 or imprisonment for not more than six months, or both. Each violation shall be a separate and distinct offense, and in the case of a continuing violation, the fine for each day’s continuance of the violation shall be increased by 10 percent over the amount accrued during the previous day, starting from the day the violator is served with notice of the violation. The service shall be by hand or by certified mail, return receipt requested. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1981, No. 53, § 3; 1987, No. 71, § 6; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 102, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1108. Construction with other laws

§ 1108. Construction with other laws
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. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1991, No. 210 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1109. Licensing retail dealers

§ 1109. Licensing retail dealers
The Secretary may adopt rules requiring persons selling Class C pesticides at retail to be licensed under this chapter and may establish reasonable requirements for obtaining licenses. The license fee for a retail dealer shall be $25.00 for one year or any part thereof for each store or place of business operated by the retail dealer. The license period shall be January 1 to December 31. (Added 1971, No. 177 (Adj. Sess.), § 5, eff. Jan. 1, 1973; amended 1989, No. 257 (Adj. Sess.), § 9; 2001, No. 143 (Adj. Sess.), § 37; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 12; 2017, No. 74, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1110. Pesticide monitoring

§ 1110. Pesticide monitoring
The Secretary shall develop and implement a plan to monitor the use of pesticides registered in Vermont. The program shall include the cataloguing of available data and research conducted on the environmental and public health aspects of pesticides into a central information repository in order to facilitate public access to the accumulated information. The program shall be funded directly by a portion of the registration fee provided for in 6 V.S.A. § 918(b). (Added 1985, No. 72, § 4; amended 2003, No. 42, § 2, eff. May 27, 2003.)