reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 70 - Grade Crossings › § 3785. Alterations, crossings; order by Transportation Board

§ 3785. Alterations, crossings; order by Transportation Board
When the Transportation Board, in the absence of any application, is of the opinion that the public safety requires an alteration in any highway crossed at grade by a railroad, or by railroads belonging to or operated by more than one corporation, or an alteration in lands or buildings on land adjoining or near the highway at or near such crossing in order to afford proper view from the approaches to the crossing, in each direction, of the track or tracks of the railroad or railroads, after hearing had on notice of not less than 10 days to the corporation or corporations owning or operating the railroad or railroads, to the selectboard of the town within which the highway is situated, to the owners of the land adjoining the crossing and the owners of the land or buildings on the adjoining land, or near such highway as may be required for or materially affected by a proposed alteration, and to the Attorney General, who, as the Attorney General or through the State’s Attorney of the county in which the crossing is located shall represent the interests of the State, it may order alterations in the highway, and the removal of obstructions to the view in each direction of the tracks of the railroads, as it deems best, and shall determine and direct by whom, at whose expense and within what time alterations and removals shall be made. (Amended 1959, No. 329 (Adj. Sess.), 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 64; 2021, No. 105 (Adj. Sess.), § 44, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 70 - Grade Crossings › § 3786. Tracks of more than one railroad

§ 3786. Tracks of more than one railroad
When, upon an application or petition brought under the provisions of section 3783 of this title, the Board finds that a public highway crosses or is crossed by the tracks of more than one railroad and the tracks of such railroads are so near together that public convenience requires the work of separating the grades to be done under and in compliance with one order, it shall give notice to all the corporations operating such railroads to appear before it and be heard upon the application. After such notice and hearing, the Board shall determine what alterations shall be made, if any, so as to separate the grades of all such crossings at the same time and shall determine by whom such work shall be done and shall apportion the expense to be borne by the railroad corporations between such corporations in such manner as the Board deems just and proper. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 70 - Grade Crossings › § 3787. Taking of land; proceedings

§ 3787. Taking of land; proceedings
When a railroad corporation, a town, or any other party is ordered to do the requisite work in the alteration, changes, or removals at a railroad-highway crossing, or on lands or obstructions to the view near such crossing and it is necessary to take land to carry out such order, the party ordered to do the work shall cause such land to be surveyed and furnish a copy thereof to the owner of such land or his or her agent. Whereupon, in case the owner of such land and the parties ordered to do the work cannot agree on the price of the land and the damage to the owners resulting from such taking, either party in interest may make written application to the Board. After hearing had, on notice of not less than 10 days to the same parties for whom notice is provided in section 3785 of this title, such Board shall first adjudge whether the taking of such land is necessary and, if so adjudged, shall appraise the same and award such damages for the taking thereof as are just. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 70 - Grade Crossings › § 3788. Orders of Board; judicial review

§ 3788. Orders of Board; judicial review
The order of the Board relating to any matter upon which it may act under the authority of this chapter shall be communicated in writing to the petitioners and to all persons to whom notice of the hearing on such petition was given. Any person aggrieved by such order, who was a party to such proceedings, may seek judicial review pursuant to 19 V.S.A. § 5(c). (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 65; 2021, No. 184 (Adj. Sess.), § 33, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 70 - Grade Crossings › § 3789. Record of changes

§ 3789. Record of changes
The Transportation Board shall cause all orders made by it under the provisions of this chapter directing the alteration or relocation of a public highway to be recorded in the office of the town clerk where such public highway so altered or relocated is situated before such highway shall be opened for use by the public. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 66.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 70 - Grade Crossings › § 3790. Agency approval

§ 3790. Agency approval
Notwithstanding the provisions of this chapter allocating certain costs to the State or permitting the Transportation Board to make such allocations, no claim for reimbursement of the State’s share of any work may be asserted against the State unless the Secretary of Transportation, prior to commencement of the work for which reimbursement is sought, certified in writing that appropriated funds were available to pay the State’s share. (Added 1989, No. 246 (Adj. Sess.), § 29.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 2. Appointment of Secretary of Agriculture, Food and Markets

§ 2. Appointment of Secretary of Agriculture, Food and Markets
Biennially, in the month of February, with the advice and consent of the Senate, the Governor shall appoint a Secretary of Agriculture, Food and Markets. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 3. Duties of Secretary generally; educational work

§ 3. Duties of Secretary generally; educational work
The Secretary shall promote the agricultural interests and education throughout the State by means of institutes, farmers’ meetings, lectures, essays, bulletins, crop reports, nature leaflets, and such other means as he or she deems advisable. Subject to the approval of the Governor, he or she may employ assistants, lecturers, essayists, and experts in conducting meetings, in the preparation of bulletins and crop reports, and in the proper discharge of his or her duties. Such educational work shall include, among other topics, tree planting, roads, and road making. Lectures and essays shall be given and institutes and meetings held at such places and times as the Secretary deems advisable. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 4. Meetings outside State

§ 4. Meetings outside State
The Secretary may attend conventions, meetings, or institutes relating to agriculture held in other states or countries. With the approval of the Governor, he or she may use a portion of the monies apportioned for agriculture to represent the State by exhibit or otherwise outside the State. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 6. Combined licenses

§ 6. Combined licenses
The Secretary of Agriculture, Food and Markets shall publish a combined application and shall issue a combined license for any person desiring to be licensed under more than one of the following provisions: retail vendors licensed under sections 1109, 2723a, 2855, and 3306 of this title and 9 V.S.A. § 2730. The license fee for the combined license shall not exceed the amount charged if each license were granted separately. Combined licenses shall expire and be renewed annually on January 1 of each year. Except as otherwise provided by statute, all fees collected under this combined license shall be deposited in the weights and measures special fund provided for under 9 V.S.A. § 2632(b) for use in administering this combined license and carrying out inspections associated with compliance. (1971, No. 177 (Adj. Sess.), § 6, eff. Jan. 1, 1973; amended 1985, No. 226 (Adj. Sess.), § 4, eff. June 2, 1986; 1991, No. 79, § 1; 1995, No. 128 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 7. Feed, seed, and fertilizer authority

§ 7. Feed, seed, and fertilizer authority
Authority to administer and enforce the provisions of chapter 35 of this title is hereby transferred from the Director of the Experiment Station to the Secretary of Agriculture, Food and Markets. Any reference in chapter 35 to the words Director of the Agricultural Experiment Station or Director shall be deemed to mean Secretary of Agriculture, Food and Markets. Any reference to the related services division of the College of Agriculture shall be deemed to mean the Agency of Agriculture, Food and Markets. Any reference to the Chief Financial Officer of the University of Vermont shall be deemed to mean the State Treasurer. (Added 1983, No. 252 (Adj. Sess.), § 2; 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 1 - General Powers; Secretary of Agriculture, Food and Markets › § 8. Agricultural lands planning criteria

§ 8. Agricultural lands planning criteria
(a) The Secretary shall establish guidelines to assist municipal and regional planning commissions in identifying agricultural lands. The guidelines shall provide, but not be limited to:
(1) soil characteristics appropriate to agricultural land;
(2) appropriate size of the parcel and use of adjacent land;
(3) the importance of agriculture to the region or locality;
(4) the availability and capacity of agricultural services and labor to support farming in the region; and
(5) the importance of the land, as agricultural land, to the character of the locality.
(b) The guidelines established by the Secretary under subsection (a) of this section may be applied by each regional and municipal planning commission to establish specific criteria for identifying agricultural lands within that region or municipality. (Added 1987, No. 200 (Adj. Sess.), § 30, eff. May 19, 1988; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 9. Service charges

§ 9. Service charges
The Secretary may assess charges for services rendered by Agency employees to commercial enterprises that are not required by or otherwise referred to in statute. The Secretary may also assess charges for inspections that are conducted to confirm that action has been taken to correct violations when an inspector has conducted at least two inspections regarding a violation. Service charges assessed under this section shall be sufficient to recover the Agency’s costs, including payment for the inspector’s time, and shall be retained by the Agency to reimburse these expenses. (Added 1989, No. 257 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 10. Special funds

§ 10. Special funds
Fees, assessments, and reimbursements of costs collected by the Agency of Agriculture, Food and Markets under the provisions of this title shall be credited to special funds and shall be available to the Agency to offset the costs of providing the service. (Added 1999, No. 49, § 100, eff. July 1, 2000; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 11. Administrative hearings; hearing officers

§ 11. Administrative hearings; hearing officers
The Secretary may designate a hearing officer to preside in his or her place in all matters in which the Secretary is required or permitted by law to conduct a hearing. The hearing officer may administer oaths or issue subpoenas in connection with a hearing. The hearing officer shall report findings of fact to the Secretary in writing, within a reasonable time after the conclusion of the hearing, in contested cases within the meaning of 3 V.S.A. § 801(b)(2). Judgment on the findings in cases covered by this section shall be rendered only by the Secretary. (Added 1987, No. 277 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 12. Search warrants

§ 12. Search warrants
(a) Upon application by the Secretary or a person designated by the Secretary, a District or Superior Court judge shall, upon a finding of probable cause, issue an administrative search warrant to search property for violation of any provision of this title, 9 V.S.A. chapter 73, or any other law administered by the Secretary of Agriculture, Food and Markets. A court may find that probable cause for an administrative search warrant under this section exists when:
(1) the Secretary or a person designated by the Secretary has reason to believe that a provision of this title, 9 V.S.A. chapter 73, or any other law administered by the Secretary has been violated; or
(2) permission to inspect has been refused and the property to be searched is subject to routine inspections in connection with a regulatory program administered by the Secretary of Agriculture, Food and Markets.
(b) The provisions of Rule 41(c) and (d) of the Vermont Rules of Criminal Procedure shall apply to warrants issued under this section. (Added 1987, No. 277 (Adj. Sess.), § 3; amended 1991, No. 228 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 13. Assurances of discontinuance

§ 13. Assurances of discontinuance
(a) As an alternative to administrative or judicial proceedings, the Secretary may accept an assurance of discontinuance of any violation. An assurance of discontinuance may include:
(1) specific actions to be taken;
(2) abatement or mitigation schedules;
(3) payment of a civil or administrative penalty and the costs of investigation; or
(4) payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.
(b) An assurance of discontinuance shall be in writing and may by its terms be filed with the Superior Court having jurisdiction over the subject matter and become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation.
(c) Any violation of an assurance of discontinuance shall constitute a separate and distinct offense of the underlying regulatory program and shall be subject to the applicable general penalties for violations of the law under that program, in addition to any other applicable penalties.
(d) Costs of investigations collected under subsection (a) of this section shall be credited to a special fund and shall be available to the Agency to offset these costs. (Added 1987, No. 277 (Adj. Sess.), § 4; amended 1991, No. 228 (Adj. Sess.), § 6; 1999, No. 49, § 101; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 75, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 14. Acceptance of gifts of real property

§ 14. Acceptance of gifts of real property
The Secretary, with the approval of the Governor, may accept gifts of the rights and interests in real property in the manner provided by 10 V.S.A. chapter 155. Rights or interests in real property acquired by the Secretary through transactions funded in whole or in part by the Vermont Housing and Conservation Board are deemed as accepted by the Governor. (Added 1987, No. 277 (Adj. Sess.), § 5; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 75, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 15. Administrative penalties

§ 15. Administrative penalties
(a) In addition to other penalties provided by law, the Secretary may assess administrative penalties, not to exceed $5,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is otherwise provided for in Title 9 or Title 20.
(b) In determining the amount of the penalty to be assessed under this section, the Secretary may give consideration to one or more of the following:
(1) the degree of actual and potential impact on public health, safety, and welfare resulting from the violation;
(2) the presence of mitigating or aggravating circumstances;
(3) whether the violator has been warned or found in violation of the same provisions of law in the past;
(4) the economic benefit gained by the violation;
(5) the deterrent effect of the penalty; or
(6) the financial condition of the violator.
(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $50,000.00.
(d) In addition to the administrative penalties authorized by this section, the Secretary may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Agency to offset these costs.
(e) Any party aggrieved by a final decision of the Secretary may appeal de novo to the Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court. (Added 1989, No. 49, § 1; amended 1989, No. 183 (Adj. Sess.), § 2; 1991, No. 79, § 1a; 1991, No. 228 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 5; 1995, No. 68 (Adj. Sess.), § 3; 1995, No. 128 (Adj. Sess.), § 2; 1997, No. 130 (Adj. Sess.), § 1; 1999, No. 49, § 102; 1999, No. 100 (Adj. Sess.), § 1, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 45, eff. July 1, 2022; 2023, No. 6, § 35, eff. July 1, 2023; 2023, No. 42, § 6, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 16. Notice and fair hearing requirements

§ 16. Notice and fair hearing requirements
(a) The Secretary shall use the following procedures in assessing the penalty under section 15 of this title: the alleged violator shall be given an opportunity for hearing after reasonable notice, and the notice shall be served by personal service or by certified mail sent to the last address of record on file with the Agency. If the alleged violator is not an applicant for or holder of a license, permit, registration, or certification issued by the Agency, the notice shall be served by personal service or by certified mail, return receipt requested. The notice shall include:
(1) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(2) A statement of the matter at issue, including reference to the particular statute or administrative rule allegedly violated and a factual description of the alleged violation.
(3) The amount of the proposed administrative penalty and required corrective action, abatement, or mitigation.
(4) A warning that the decision shall become final and the penalty shall be imposed if no hearing is requested within 15 days of service of the notice. The notice shall specify the requirements that must be met in order to avoid being deemed to have waived the right to a hearing, or the manner of payment if the person elects to pay the penalty and waive a hearing.
(b) Any person who receives notification pursuant to this section shall be deemed to have waived the right to a hearing unless, within 15 days of the receipt of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the Secretary shall issue a final order finding the person in default and imposing the penalty and any required corrective action, abatement, or mitigation. A copy of the final default order shall be served upon the violator by certified mail, return receipt requested, or by personal service.
(c) When an alleged violator requests a hearing in a timely fashion, the Secretary shall hold the hearing pursuant to 3 V.S.A. chapter 25. (Added 1989, No. 49, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 75, § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 17. Collections

§ 17. Collections
(a) The Secretary may collect an unpaid administrative or civil penalty by filing a civil collection action in any Superior Court or through any other means available to State agencies.
(b) The Secretary may, subject to 3 V.S.A. chapter 25, suspend any license, certificate, registration, or permit issued pursuant to his or her authority for failure to pay a penalty under this chapter more than 45 days after the penalty was imposed by order and served. (Added 1989, No. 49, § 3; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 75, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 18. Certificate of free sale

§ 18. Certificate of free sale
(a) The Secretary is hereby authorized to make available certificates of free sale to applicants who manufacture or produce Vermont food regulated by the Agency for the limited purpose of facilitating the shipment of such products for sale in foreign countries.
(b) The Agency may adopt rules for the issuance of such certificates.
(c) The Agency shall assess a fee of $30.00 per certificate to offset administrative costs. (Added 1995, No. 184 (Act. Sess.), § 1; amended 1999, No. 49, § 103; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 19. Emergency livestock feed program

§ 19. Emergency livestock feed program
(a) An emergency livestock feed program is established. The Secretary of Agriculture, Food and Markets is hereby authorized to administer an emergency livestock feed program to distribute funds to farmers who live in a county designated a natural disaster area by presidential declaration.
(b) The Secretary shall adopt rules to implement this program and to disburse funds from time to time appropriated by the General Assembly. The rules shall include an application format, review process, eligibility criteria, and payment rates.
(c) The Secretary may recoup program payments from an individual who makes a fraudulent claim to the program and may issue an administrative penalty under section 15 of this title to a claimant for each violation of this section or rule adopted under its provisions. (Added 1997, No. 66 (Adj. Sess.), § 59, eff. Feb. 20, 1998; amended 1999, No. 1, § 98, eff. March 31, 1999; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 20. Vermont Food Animal Veterinarian Educational Loan Repayment Fund

§ 20. Vermont Food Animal Veterinarian Educational Loan Repayment Fund
(a) There is created a special fund to be known as the Vermont Food Animal Veterinarian Educational Loan Repayment Fund that shall be used for the purpose of ensuring a stable and adequate supply of food animal veterinarians in regions of the State as determined by the Secretary. The Fund shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purpose of this section. The money in the Fund shall be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury.
(b) The Fund shall consist of:
(1) sums appropriated or transferred to it from time to time by the General Assembly, the State Emergency Board, or the Joint Fiscal Committee when the General Assembly is not in session;
(2) interest earned from the investment of Fund balances; and
(3) sums from any other public or private source accepted for the benefit of the Fund.
(c) The Agency shall administer the Fund, and the Secretary of Agriculture, Food and Markets shall have the discretion to provide annual student loan repayment awards to licensed, qualified veterinarians who are significantly dedicated to treating food animals in the State. The Secretary may determine the level of service that qualifies as “significantly dedicated” to treating food animals, may establish additional eligibility requirements, and may create program requirements for all fund recipients. The Agency may contract with a Vermont nonprofit entity for administration of the program, which shall administer awards in compliance with the requirements of Section 108(f) of the Internal Revenue Code.
(d) As used in this section, “food animal” means any animal that produces food for human consumption or is raised for human consumption, including cattle, sheep, swine, goats, poultry, bees, and any other species as determined by the Secretary of Agriculture, Food and Markets. (Added 2009, No. 44, § 21, eff. May 21, 2009; amended 2011, No. 52, § 39, eff. May 27, 2011; 2021, No. 47, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 22. License applications and pending allegations or past violations

§ 22. License applications and pending allegations or past violations
(a) Notwithstanding any law to the contrary in this title, Title 9, or Title 20, the Agency may simultaneously evaluate pending applications and ongoing compliance concerns, provided it affords proper notice and complies with section 16 of this title.
(b) Whenever a person or entity is applying for or attempting to renew a license, permit, registration, or other form of permission issued by the Agency, the Agency may consider that person or entity’s alleged or proven failure to comply with related program requirements.
(c) If the Agency is considering denying an application or renewal request for a license, permit, registration, or other form of permission issued by the Agency because of pending allegations, proven violations, or any failure to comply with a final order or assurance of discontinuance, the Agency shall provide notice and an opportunity for hearing in accordance with section 16 of this title.
(d) When a person or entity has made timely and sufficient application for the renewal of a license, permit, registration, or other form of permission issued by the Agency, or for a new license, permit, registration, or other form of permission issued by the Agency with reference to any activity of a continuing nature, the existing license, registration, permit, or other form of permission does not expire until the application has been finally determined by the Agency, and, in case the application is denied or the terms of the new license, registration, permit, or other form of permission issued by the Agency is limited, until the last day for seeking review of the Agency order or a later date fixed by order of the reviewing court.
(e) This section shall not apply when the Agency previously revoked, suspended, withdrew, or otherwise conditioned a license, permit, registration, or other form of permission issued by the Agency and that final order remains in effect.
(f) This section shall not apply when the Agency is contemplating taking action against a person or entity’s existing license, permit, registration, or other form of permission issued by the Agency because of any alleged violation. Any appropriate action against a person or entity’s existing license, permit, registration, or other permission issued by the Agency shall be taken through the enforcement process related to the pending allegations. (Added 2021, No. 174 (Adj. Sess.), § 3, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets › § 23. Good standing for agency grants

§ 23. Good standing for agency grants
(a) As used in this section, “good standing” means an applicant for a grant exclusively awarded by the Agency:
(1) does not have an active enforcement violation that has reached a final order with the Secretary; and
(2) is in compliance with all terms of a current grant agreement or contract with the Agency.
(b) This section shall not amend, alter, or otherwise modify the “good standing” requirements established for grant programs in chapter 215 of this title.
(c) An applicant shall not be eligible for any grant exclusively awarded by the Agency unless the applicant is in good standing with the Secretary on all grant agreements, contract awards, and enforcement proceedings at the time of the grant award.
(d) In the Secretary’s sole discretion, the Agency may waive the grant prohibition in subsection (c) of this section if the Secretary determines that:
(1) the applicant is working constructively with the Agency in good faith to resolve all issues that prevent good standing, and the applicant agrees in writing to take all necessary measures to comply with good standing requirements within a described time period;
(2) all issues that prevent an applicant’s good standing are minor and do not warrant ineligibility for the applicable grant; or
(3) the Secretary determines that waiving the good standing requirement is in the interests of justice.
(e) The good standing requirement only applies to grants exclusively awarded by the Agency. When the Agency is involved in administering other grants, the Agency may raise an applicant’s lack of good standing for the awarding entity’s consideration and review. The awarding entity may consider the applicant’s lack of compliance when determining whether to award a grant. (Added 2021, No. 162 (Adj. Sess.), § 1, eff. June 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 2 - Agricultural Land Development Rights Acquisition Program › § 31. Program established

§ 31. Program established
The Agricultural Land Development Rights Acquisition Program is established within the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall hire or contract with an agricultural land use planner to assist in developing and implementing the program. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 2 - Agricultural Land Development Rights Acquisition Program › § 32. Duties of the Secretary of Agriculture, Food and Markets

§ 32. Duties of the Secretary of Agriculture, Food and Markets
(a) The Secretary of Agriculture, Food and Markets shall develop by rule, with the advice and consent of the Housing and Conservation Board:
(1) a program for selecting and recommending to the Housing and Conservation Board agricultural land development rights suitable for acquisition by the State; and
(2) criteria to be used by the Board in reviewing the Secretary’s recommendations for acquisition.
(b) The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated or identified in a land evaluation and site assessment system pursuant to 24 V.S.A. § 4345a(5)(E) for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.
(c) The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.
(d) The Secretary shall report to the General Assembly not later than January 15, 1989 concerning the progress of the program. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 46, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 2 - Agricultural Land Development Rights Acquisition Program › § 33. Assessments

§ 33. Assessments
After acquisition of development rights by the State, the agricultural landowner shall be taxed, under 32 V.S.A. chapter 123, upon the fair market value of the remaining rights or interests to which title is retained. The Department of Taxes and the municipality assessing the tax shall cooperate with the landowner in determining the fair market value of the remaining rights or interests. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 3 - Statistics › § 61. Information collection and confidentiality

§ 61. Information collection and confidentiality
The Secretary may collect information on subjects within the jurisdiction of the Agency, including data obtained from questionnaires, surveys, physical samples, databases, and laboratory analyses conducted by the Agency. This information shall be available upon request to the public, provided that it is presented in a form that does not disclose the identity of individual persons, households, or businesses from whom the information was obtained or whose characteristics, activities, or products the information is about. (Amended 1993, No. 125 (Adj. Sess.), § 1; 1995, No. 128 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 47, § 9.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 3 - Statistics › § 63. Compilation of abstracts; forms; expenses

§ 63. Compilation of abstracts; forms; expenses
On or before July 1, the town clerk shall forward such abstracts to the Secretary of Agriculture, Food and Markets, who shall have the abstracts for the entire State compiled and shall make such information available for the newspapers and people of the State. The Secretary shall furnish listers and town clerks with suitable forms in triplicate for collecting such information and returning such abstracts. The expenses of the Secretary incurred under this section shall be paid from the monies annually available for the use of the Agency of Agriculture, Food and Markets. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 5 - Central Testing Laboratory › § 121. Creation and purpose

§ 121. Creation and purpose
There is created within the Agency of Agriculture, Food and Markets a central testing laboratory for the purpose of providing agricultural, environmental, and other necessary testing services. (Amended 1981, No. 22; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 58, § E.225.2; 2017, No. 65, § 9, eff. June 8, 2017.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 5 - Central Testing Laboratory › § 122. Fees

§ 122. Fees
Notwithstanding 32 V.S.A. § 603, the Agency shall establish fees for providing agricultural, environmental, and other necessary testing services at the request of private individuals and State agencies. The fees shall be reasonably related to the cost of providing the services. Fees collected under this chapter shall be credited to a special fund that shall be established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and that shall be available to the Agency to offset the cost of providing the services. (Added 1975, No. 220 (Adj. Sess.), § 23; amended 1999, No. 49, § 104; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 58, § E.225.3; 2017, No. 65, § 9, eff. June 8, 2017.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 5 - Central Testing Laboratory › § 123. Regulated drugs

§ 123. Regulated drugs
(a) Except as provided in subsection (b) of this section, the provisions of 18 V.S.A. chapter 84 shall not apply to the Secretary or designee in the otherwise lawful performance of his or her official duties requiring the possession or control of regulated drugs.
(b) The central testing laboratory shall obtain a certificate of approval from the Department of Health pursuant to 18 V.S.A. § 4207.
(c) As used in this section, “regulated drug” shall have the same meaning as in 18 V.S.A. § 4201. (Added 2017, No. 65, § 9, eff. June 8, 2017.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 171. Establishment of grades and standards

§ 171. Establishment of grades and standards
The Secretary of Agriculture, Food and Markets may establish and adopt official grades and standards for such farm products as he or she may deem advisable that are produced for sale in this State and, from time to time, may amend or modify such grades and standards. (Amended 1971, No. 153 (Adj. Sess.), eff. March 2, 1972; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 172. Notice and hearing

§ 172. Notice and hearing
Before establishing, amending, or modifying any such grades or standards, the Secretary shall hold properly advertised public hearings in such places within the State as he or she shall deem proper. Notice of such hearing shall specify the date and place of each hearing and that it is to be held for the purpose of obtaining information relative to establishing grades or standards for farm products, if found advisable. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 173. Designation of brands, labels, or trademarks

§ 173. Designation of brands, labels, or trademarks
The Secretary may determine or design brands, labels, or trademarks for identifying farm products packed in accordance with official grades and standards so established and may cause to be printed the brands, labels, or trademarks and may distribute the same at a reasonable price. A written application to the Secretary requesting permission to use the brands, labels, or trademarks and a written acceptance by the Secretary or a duly authorized assistant shall be a condition precedent to the use of such brands, labels, or trademarks. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 47, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 174. Publication of grades, standards, brands, labels, or trademarks

§ 174. Publication of grades, standards, brands, labels, or trademarks
Upon the establishment of such grades or standards and upon the determination of brands, labels, or trademarks, the Secretary shall give them due publicity and distribute information relative to their use. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 175. Revocation of right to use brands, labels, or trademarks

§ 175. Revocation of right to use brands, labels, or trademarks
The Secretary may revoke or suspend the right to use such brands, labels, or trademarks whenever it appears on investigation that they have been used to identify farm products not in fact conforming to the grade indicated. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 176. Inspectors and certificates of inspection

§ 176. Inspectors and certificates of inspection
The Secretary may employ inspectors to inspect farm products marked, branded, or labeled in accordance with official grades or standards established and adopted by the Secretary for the purpose of determining and certifying the quality and condition of the farm product and other relative material facts. Certificates issued in pursuance of such inspection and executed by the inspector shall state the date and place of inspection; the grade, condition, and approximate quality of the farm products inspected; and any other pertinent facts that the Secretary may require. The certificates and all federal certificates relative to the condition or quality of the farm products shall be prima facie evidence in all courts of the State of the facts required as aforesaid to be stated in the certificate. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 48, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 177. Access to buildings or places; examination

§ 177. Access to buildings or places; examination
The Secretary, in person or by deputy, shall have free access at all reasonable hours to any building or other place where it is reasonably believed that farm products marked, branded, or labeled in accordance with official grades established and adopted by the Secretary are being marketed or held for commercial purposes. The Secretary shall also have power, in person or by deputy, to open any bags, crates, or other containers containing the farm products and examine the contents and, upon tendering the market price, may take samples of farm products. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 49, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 178. Unlawful acts; penalties

§ 178. Unlawful acts; penalties
(a) After notice of the establishment of grades or standards and the determination of brands, labels, or trademarks, it shall be unlawful to use a brand, label, or trademark to identify farm products as being of an established grade before a permit is granted or after the revocation of the right to use such brand, label, or trademark by the Secretary. For the purpose of further protecting the grades as officially established and adopted by the Secretary, or any grades established under an act of Congress by the U.S. Department of Agriculture on the same products, it shall be unlawful to use the officially designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such products fully meet the requirements of the official grade indicated.
(b) When, in the opinion of the Secretary or his or her representative, it is believed that any lot or lots of such products so identified, advertised, designated, or described may not be of the grade indicated, he or she shall cause inspections of such products to be made for the purpose of determining the actual grade thereof. Such inspections shall be made by regularly appointed inspectors and in such manner as is provided in this chapter.
(c) A person violating a provision of this section shall be fined not more than $50.00 for a first offense and, for each subsequent offense, not more than $200.00. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not less than $10.00 nor more than $100.00. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 50, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 179. Rules; fees

§ 179. Rules; fees
(a) The Secretary may adopt rules for carrying out the purposes of this chapter.
(b) The Secretary may charge fees for inspection of farm and agricultural commodities or storage facilities and for the establishment of reasonable tolerances incident to proper grading of agricultural products. Any inspection fees charged pursuant to this section shall be sufficient to recover the Agency’s costs of inspection, including payment for the inspector’s time, and shall be retained by the Agency to reimburse these expenses. In addition, the Secretary may accept fees collected by or for producer organizations for promotional activities. Such fees shall be retained by the Secretary and segregated into separate producer accounts for use to promote agricultural products. (Amended 1975, No. 217 (Adj. Sess.), § 3; 1989, No. 257 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 51, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 21 - Grades and Standards for Farm Products › § 180. Additional authority

§ 180. Additional authority
The Secretary shall have authority as follows:
(1) to collect and diffuse timely information relative to the seasonal supply, demand, and prevailing price of farm products, both wholesale and retail; the movement of farm products through commercial channels; and the quantity and conditions of farm products in dry and cold storage;
(2) to assist and advise in the organization and maintenance of producers’ and consumers’ cooperative selling and buying associations; and
(3) to cooperate with various state and federal agencies having to do with farm products. (Amended 2003, No. 42, § 2, May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 22 - Irradiation of Foods › § 201. Labeling of irradiated foods

§ 201. Labeling of irradiated foods
All fruits, vegetables, meats, poultry, eggs, dairy products, and other natural and processed products offered for sale at retail or wholesale in Vermont for human or animal consumption that indicate pursuant to federal law that they have been subjected to an irradiation process shall be labeled “Treated with radiation” or “Treated by irradiation.” (Added 1985, No. 247 (Adj. Sess.).)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 23 - Apples › § 231. Definition

§ 231. Definition
The word “person,” as used in this chapter, shall include corporations, companies, societies, and associations. The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within the scope of his or her employment or office, shall also be deemed to be the act, omission, or failure of such corporation, company, society, or association.
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 23 - Apples › § 232. Application of chapter

§ 232. Application of chapter
The provisions of this chapter shall apply to all packages, containers, or receptacles in which apples are packed, distributed, sold, offered, or exposed for sale except as provided for in this chapter. (Amended 2021, No. 105 (Adj. Sess.), § 52, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 23 - Apples › § 233. Establishment of grades

§ 233. Establishment of grades
The Secretary of Agriculture, Food and Markets, after hearings advertised as provided in section 172 of this title, shall establish and adopt grades on apples and may amend or modify such grades. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)