reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4029. Rules; distribution; penalties

§ 4029. Rules; distribution; penalties
(a) The Secretary shall adopt rules as prescribed by 3 V.S.A. chapter 25 as he or she deems necessary to carry out the provisions of this chapter. The rules shall be printed by the State and distributed by the Secretary.
(b) A person who violates any provisions of this chapter or a rule adopted under this chapter shall be fined not more than $100.00 for the first offense and not more than $500.00 for each subsequent offense. The Secretary may seek and obtain preliminary and permanent injunctive relief for any violation of this chapter or the rules adopted under this chapter. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 143, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4030. Special conditions; certification

§ 4030. Special conditions; certification
(a) The Secretary is authorized to establish conditions and rules under which certain plants may be grown and certified free from virus, fungi, bacteria, or any infesting organism considered detrimental to the plant.
(b) The Secretary is authorized to issue an additional certificate, certifying that the plants were grown under special conditions or have been tested by a recognized procedure that has established them as being free from certain viruses, fungi, bacteria, or other organisms. Certification standards shall be established by the Secretary.
(c) The Secretary shall have authority to assess growers who apply for this additional certification a fee to be paid as the Secretary may direct. The amount of the fee shall not be greater than is necessary, in the judgment of the Secretary, to meet all expenses incurred in making the inspection and certification. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4031. Plants taken from the wild

§ 4031. Plants taken from the wild
(a) The Secretary may adopt procedural rules pursuant to the Administrative Procedure Act as set forth in 3 V.S.A. chapter 25, for the collection, sale, or distribution of plants taken from the wild, on the list of Convention on International Trade on Endangered Species of Wild Fauna and Flora, as amended, provided that the plants are not on the Vermont endangered species list. He or she may authorize surveys or other actions to determine the extent that plant collections may be undertaken without jeopardizing the survival of a plant species. He or she may classify plant species based on their populations or chances for survival and may restrict what amount, if any, of a particular species may be removed from the wild.
(b) The Secretary may enter into programs with other government agencies to allow the movement of wild collected plants in interstate and international travel.
(c) The Secretary is authorized to stop-sale, to seize, or return to the point of origin at the possessor’s expense any wild plants collected, sold, or distributed in violation of this provision.
(d) The Secretary may collect a fee of $75.00 for a three-year permit to engage in commerce with plants described in subsection (a) of this section. The fee shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of implementing this section. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 72, § 20; 2015, No. 149 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4032. Cooperation with other government agencies

§ 4032. Cooperation with other government agencies
The Secretary may enter into agreements or programs with other government agencies to allow movement of nursery stock or to implement federal or State quarantines as the Secretary deems necessary or are required under federal or State law. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 34.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 207 - Promotion and Marketing of Vermont Foods and Products › § 4602. Good Agricultural Practices Grant Program

§ 4602. Good Agricultural Practices Grant Program
(a) A Good Agricultural Practices Grant Program (GAP) is established in the Agency of Agriculture, Food and Markets for the purpose of providing matching grant funds to agricultural producers whose markets require them to obtain or maintain GAP certification.
(b) The Secretary may award matching grants for capital upgrades that will support Vermont agricultural producers in obtaining GAP certification. The amount of matching funds required by an applicant for a GAP certification grant shall be determined by the Secretary.
(c) An applicant may receive no more than 10 percent of the total funds appropriated for the Program in a fiscal year. (Added 2011, No. 52, § 40, eff. May 27, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 207 - Promotion and Marketing of Vermont Foods and Products › § 4604. Legislative intent

§ 4604. Legislative intent
It is the intent of the General Assembly in adopting this subchapter to create a working lands enterprise board to administer a fund and develop policy recommendations to:
(1) Stimulate a concerted economic development effort on behalf of Vermont’s agriculture and forest product sectors by systematically advancing entrepreneurism, business development, and job creation.
(2) Recognize and build on the similarities and unique qualities of Vermont’s agriculture and forest product sectors.
(3) Increase the value of Vermont’s raw and value-added products through the development of in-state and export markets.
(4) Attract a new generation of entrepreneurs to Vermont’s farm, food system, forest, and value-added chain by facilitating more affordable access to the working landscape.
(5) Provide assistance to agricultural and forest product businesses in navigating the regulatory process.
(6) Use Vermont’s brand recognition and reputation as a national leader in food systems development, innovative entrepreneurism, and as a “green” state to leverage economic development and opportunity in the agriculture and forest product sectors.
(7) Promote the benefits of Vermont’s working lands, from the economic value of raw and value-added products to the public value of ecological stability, land stewardship, recreational opportunities, and quality of life.
(8) Increase the amount of State investment in working lands enterprises, particularly when it leverages private and philanthropic funds.
(9) Support the people and businesses that depend on Vermont’s renewable land-based resources and the sustainable and productive use of the land by coordinating and integrating financial products and programs.
(10) Provide priority funding to agricultural and forest product enterprises. The priority for funding agricultural and forest product enterprises is not intended to exclude funding for technical assistance that directly supports enterprise development. (Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012; amended 2015, No. 39, § 22.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 207 - Promotion and Marketing of Vermont Foods and Products › § 4605. Vermont Working Lands Enterprise Fund

§ 4605. Vermont Working Lands Enterprise Fund
There is created a special fund in the State Treasury to be known as the “Vermont Working Lands Enterprise Fund.” Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5:
(1) The Fund shall be administered and the monies in the Fund shall be expended by the Vermont Working Lands Enterprise Board created in section 4606 of this title.
(2) The Fund shall be composed of monies from time to time appropriated to the Fund by the General Assembly or received from any other source, private or public, approved by the Board, and unexpended balances and any earnings shall remain in the Fund from year to year.
(3) The Board shall make expenditures from the Fund consistent with the duties and authority of the Board established by section 4607 of this title. (Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 207 - Promotion and Marketing of Vermont Foods and Products › § 4621. Domestic Export Program

§ 4621. Domestic Export Program
(a) The Secretary of Agriculture, Food and Markets, in collaboration with the Agency of Commerce and Community Development and the Chief Marketing Officer, shall have the authority to create a Domestic Export Program, the purpose of which may include:
(1) connecting Vermont producers with brokers, buyers, and distributors in other U.S. state and regional markets;
(2) providing technical and marketing assistance to Vermont producers to convert these connections into increased sales and sustainable commercial relationships; and
(3) providing one-time matching grants to attend trade shows and similar events to expand producers’ market presence in other U.S. states, subject to available funding.
(b) The Secretary shall collect data on the activities and outcomes of the program authorized under this section and submit the Secretary’s findings and recommendations in a report on or before January 15 of each year to the House Committees on Agriculture, Food Resiliency, and Forestry and on Commerce and Economic Development and to the Senate Committees on Agriculture and on Economic Development, Housing and General Affairs. (Added 2015, No. 51, § D.5, eff. June 3, 2015; amended 2023, No. 6, § 66, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 209 - Sustainable Agriculture › § 4701. Sustainable Agriculture Research and Education Program

§ 4701. Sustainable Agriculture Research and Education Program
(a) The purpose of this section is to promote research and education that will encourage the development and use of economically and ecologically sound sustainable agriculture practices, such as organic methods, biological control, integrated pest management, soil improvement, cultivation, harvesting and irrigation techniques, and transportation and marketing innovations, through:
(1) the control of pests and diseases of agricultural importance through alternatives that reduce or eliminate the use of pesticides and petrochemicals;
(2) the production, processing, and distribution of food and fiber in ways that consider the interactions among soils, plants, water, air, animals, tillage, machinery, labor, energy, and transportation to enhance the viability of agricultural soils, public health, and resource conservation;
(3) the expansion of marketing opportunities and promotion of products produced through the practice of sustainable agriculture that will encourage the purchase of Vermont grown foods and promote regional food security; and
(4) the coordination of research and education activities on sustainable agriculture among private and public agencies and individuals within Vermont.
(b) [Repealed.]
(c) The Secretary of Agriculture, Food and Markets is authorized to apply for, accept, and make use of grants from public and private sources to achieve the objectives of this section, in accordance with the provisions of 32 V.S.A. § 5. In awarding grants, preference shall be given to individuals, especially farmers, conducting on-farm research.
(d) [Repealed.] (Added 1989, No. 228 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 33, § 16; 2013, No. 92 (Adj. Sess.), §§ 249, 302, eff. Feb. 14, 2014; 2019, No. 61, § 16.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 211 - The Rozo Mclaughlin Farm-to-School Program › § 4719. Purpose and State goal

§ 4719. Purpose and State goal
(a) Purpose. It is the purpose of this chapter to establish a farm-to-school program to:
(1) encourage Vermont residents in developing healthy and lifelong habits of eating nutritious local foods;
(2) maximize use by Vermont schools of fresh and locally grown, produced, or processed food;
(3) work with partners to establish a food, farm, and nutrition education program that educates Vermont students regarding healthy eating habits through the use of educational materials, classes, and hands-on techniques that inform students of the connections between farming and the foods that students consume;
(4) increase the size and stability of direct sales markets available to farmers; and
(5) increase participation of Vermont students in child nutrition programs by increasing the selection of available foods.
(b) State Farm-to-School Network goal. It is the goal of the Farm-to-School Program to establish a food system that by 2025:
(1) engages 75 percent of Vermont schools in an integrated food system education program that incorporates community-based learning; and
(2) purchases 50 percent of food from local or regional food sources. (Added 2017, No. 63, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 211 - The Rozo Mclaughlin Farm-to-School Program › § 4720. Definitions

§ 4720. Definitions
As used in this chapter, “Farm-to-School Program” means an integrated food, farm, and nutrition education program that utilizes community-based learning opportunities to connect schools with nearby farms so that child nutrition programs can provide students with locally produced fresh fruits and vegetables, dairy and protein products, and other nutritious, locally produced foods; help children develop healthy eating habits; provide nutritional and agricultural education in the classroom, cafeteria, and school community; and improve farmers’ incomes and direct access to markets. (Added 2017, No. 63, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 211 - The Rozo Mclaughlin Farm-to-School Program › § 4722. Farm assistance; Secretary of Agriculture, Food and Markets

§ 4722. Farm assistance; Secretary of Agriculture, Food and Markets
(a) The Secretary of Agriculture, Food and Markets shall work with existing programs and organizations to develop and implement educational opportunities for farmers to help them increase their markets through selling their products to schools, registered or licensed child care providers, and State government agencies that operate or participate in child nutrition programs.
(b) The Secretary of Agriculture, Food and Markets shall work with distributors that sell products to schools, registered or licensed child care providers, and State government agencies to increase the availability of local products. The Secretary of Agriculture, Food and Markets shall consult and cooperate with the Secretary of Education when working with distributors to schools under this subsection. (Added 2007, No. 24, § 2; amended 2013, No. 92 (Adj. Sess.), §§ 251, 302, eff. Feb. 14, 2014; 2017, No. 63, § 1; 2019, No. 34, § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 211 - The Rozo Mclaughlin Farm-to-School Program › § 4723. Professional development for food service personnel

§ 4723. Professional development for food service personnel
(a) The Secretary of Education, in consultation with the Secretary of Agriculture, Food and Markets, the Commissioner of Health, and farm-to-school organizations and partners, shall offer professional development opportunities for public school food service and child care personnel and child care resource development specialists. Training shall include information about strategies for procuring, processing, and serving locally grown foods, especially with regard to federal procurement program requirements, as well as information about nutrition, obesity prevention, coping with severe food allergies, universal recycling, and food service operations. The Secretary of Education may use a portion of the funds appropriated for this training session to pay a portion of or all expenses for attendees and to develop manuals or other materials to help in the training.
(b) The Secretary of Education shall, with existing programs and organizations, provide training related to procurement of local food and technical assistance to school food service and child care personnel and use a portion of the funds appropriated for this purpose to enable the trained people to provide technical assistance at the school and school district levels.
(c) Training provided under this section shall promote the policies established in the Vermont School Wellness Policy Guidelines developed by the Agencies of Agriculture, Food and Markets and of Education and the Department of Health, updated in June 2015, or the guidelines’ successor. (Added 2007, No. 24, § 2; amended 2013, No. 92 (Adj. Sess.), §§ 252, 302, eff. Feb. 14, 2014; 2017, No. 63, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 211 - The Rozo Mclaughlin Farm-to-School Program › § 4724. Food Systems Administrator

§ 4724. Food Systems Administrator
(a) The position of Food Systems Administrator is established in the Agency of Agriculture, Food and Markets for the purpose of assisting Vermont producers in increasing their access to commercial markets and institutions, including schools, registered or licensed child care providers, State and municipal governments, and hospitals.
(b) The duties of the Food Systems Administrator shall include:
(1) working with institutions, schools, the Agency of Education, registered or licensed child care providers, distributors, producers, commercial markets, and others to create matchmaking opportunities that increase the number of Vermont institutions that purchase foods grown or produced in Vermont;
(2) coordinating funding and providing support to the farm-to-school and farm-to-institutions programs within the Agency of Agriculture, Food and Markets, and coordinating with interested parties to access funding or create matchmaking opportunities across the supply chain that increase participation in those programs;
(3) encouraging and facilitating State employee access and awareness of opportunities for purchasing local food, including enrollment in a local community supported agriculture (CSA) organization, purchasing from local farm stands, and participation in a farmers’ market;
(4) developing a database of producers and potential purchasers and enhancing the Agency’s and partners’ ability to improve and support local foods coordination through the use of information technology; and
(5) providing technical support to local communities with their food security efforts.
(c) The Food Systems Administrator, working with the Commissioner of Buildings and General Services pursuant to rules adopted under 29 V.S.A. § 152(a)(14), shall:
(1) encourage and facilitate awareness of and opportunities to procure healthy local foods by State employees through the use of approved advertisements and solicitations on State-owned property; and
(2) implement guidelines for the appropriate use of State property for employee participation in CSA organizations, including reasonable restrictions on the time, place, and manner of solicitations, advertisements, deliveries, and related activities to ensure the safety and welfare of State property and its occupants.
(d) The Food Systems Administrator shall administer a local foods grant program, the purpose of which shall be to provide grants to allow Vermont producers to increase their access to commercial and institutional markets. (Added 2011, No. 52, § 42, eff. May 27, 2011; amended 2017, No. 63, § 1; 2019, No. 34, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4801. Purpose; State policy

§ 4801. Purpose; State policy
It is the purpose of this chapter to ensure that agricultural animal wastes do not enter the waters of this State. Therefore, it is State policy that:
(1) All farms meet certain standards in the handling and disposal of animal wastes, as provided by this chapter, and the cost of meeting these standards shall not be borne by farmers only but rather by all members of society, who are in fact the beneficiaries. Accordingly, State and federal funds shall be made available to farms, regardless of size, to defray the major cost of complying with the requirements of this chapter. State and federal conservation programs to assist farmers should be directed to those farms that need to improve their infrastructure to prohibit direct discharges or bring existing water pollution control structures into compliance with U.S. Department of Agriculture (U.S.D.A.) Natural Resources Conservation Service standards. Additional resources should be directed to education and technical assistance for farmers to improve the management of agricultural wastes and protect water quality.
(2) Officials who administer the provisions of this chapter:
(A) shall educate farmers and other affected citizens on requirements of this chapter through an outreach collaboration with farm associations and other community groups;
(B) shall, in the process of rendering official decisions, afford farmers and other affected citizens an opportunity to be heard and give consideration to all interests expressed; and
(C) may provide grants from a program established under this chapter to eligible Vermont municipalities, local or regional governmental agencies, nonprofit organizations, and citizen groups in order to provide direct financial assistance to farms in implementing conservation practices. (Added 2003, No. 149 (Adj. Sess.), § 2, eff. June 3, 2004; amended 2013, No. 83, § 10, eff. June 10, 2013.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4803. Agricultural Water Quality Special Fund

§ 4803. Agricultural Water Quality Special Fund
(a) There is created the Agricultural Water Quality Special Fund to be administered by the Secretary of Agriculture, Food and Markets. Fees collected under this chapter, including fees for permits or certifications issued under the chapter, shall be deposited in the Fund.
(b) The Secretary may use monies deposited in the Fund for the Secretary’s implementation and administration of agricultural water quality programs or requirements established by this chapter, including to pay salaries of Agency staff necessary to implement the programs and requirements of this chapter.
(c) Notwithstanding the requirements of 32 V.S.A. § 588(3), interest earned by the Fund shall be retained in the Fund from year to year. (Added 2015, No. 64, § 5a.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4811. Powers of Secretary

§ 4811. Powers of Secretary
The Secretary of Agriculture, Food and Markets in furtherance of the purposes of this chapter may:
(1) Make, adopt, revise, and amend reasonable rules that define practices described in section 4810 of this title as well as other rules deemed necessary to carry out the provisions of this chapter.
(2) Appoint assistants, subject to applicable laws, to perform or assist in the performance of any duties or functions of the Secretary under this chapter.
(3) Enter any lands, public or private, and review and copy any land management records as may be necessary to carry out the provisions of this chapter.
(4) Sign memorandums of understanding between agencies when the Secretary of Agriculture, Food and Markets agrees it is necessary for the success of the program.
(5) Solicit and receive federal or private funds.
(6) Cooperate fully with the federal government or other agencies in the operation of any joint federal-state programs concerning the regulation of agricultural nonpoint source pollution.
(7) Establish programs to improve agricultural water quality.
(8) Provide grants or contracts from agricultural water quality programs established under this chapter, or by the Secretary of Agriculture, Food and Markets, for the purpose of providing technical and financial assistance in preventing agricultural pollution from entering groundwater and waters of the State, provided that the Secretary shall only use capital funding available to the Agency for water quality programs or projects that are eligible for capital assistance. (Added 1991, No. 261 (Adj. Sess.), § 4; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 64, § 7.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4813. Basin management; appeals to the Environmental Division

§ 4813. Basin management; appeals to the Environmental Division
(a) The Secretary of Agriculture, Food and Markets shall cooperate with the Secretary of Natural Resources in the basin planning process with regard to the agricultural nonpoint source waste component of each basin plan. Any person with an interest in the agricultural nonpoint source component of the basin planning process may petition the Secretary of Agriculture, Food and Markets to require, and the Secretary may require, best management practices in the individual basin beyond Required Agricultural Practices adopted by rule, in order to achieve compliance with the water quality goals in 10 V.S.A. § 1250 and any duly adopted basin plan. The Secretary of Agriculture, Food and Markets shall hold a public hearing within 60 days and shall issue a timely written decision that sets forth the facts and reasons supporting the decision.
(b) Any person engaged in farming that has been required by the Secretary of Agriculture, Food and Markets to implement best management practices or any person who has petitioned the Secretary of Agriculture, Food and Markets under subsection (a) of this section may appeal the Secretary of Agriculture, Food and Markets’ decision to the Environmental Division de novo.
(c) When requiring implementation of a best management practice, the Secretary shall inform a farmer of the resources available to assist the farmer in implementing the best management practice and complying with the requirements of this chapter. (Added 1991, No. 261 (Adj. Sess.), § 4; amended 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 78, § 3, eff. June 24, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2015, No. 64, § 14.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4814. Education and technical assistance

§ 4814. Education and technical assistance
The Secretary of Agriculture, Food and Markets may:
(1) Develop educational programs dealing with agricultural nonpoint source reduction, with the assistance of other organizations, utilizing various types of media, group meetings, tours, on-farm demonstrations, and one-on-one farm visits.
(2) Provide technical assistance, or contract for services to provide technical assistance, to qualified persons engaged in farming for reducing agricultural nonpoint source pollution. (Added 1991, No. 261 (Adj. Sess.), § 4; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4815. Waste storage facility

§ 4815. Waste storage facility
(a) No person shall construct a new waste storage facility or expand or modify a waste storage facility in existence on July 1, 2006 unless the facility meets the standard established for such facilities by the Natural Resources Conservation Service of the U.S. Department of Agriculture or an equivalent standard. If an equivalent design standard is used, the design and construction shall be certified by the Secretary of Agriculture, Food and Markets or a licensed professional engineer operating within the scope of the engineer’s expertise.
(b) The Secretary may require the owner or operator of a waste storage facility in existence on July 1, 2006 to modify the facility to meet the standard set forth in subsection (a) of this section if the facility poses a threat to human health or the environment. If the Secretary determines that a facility that meets the standard set forth in subsection (a) of this section poses a threat to human health or the environment, the Secretary may require the owner or operator of the facility to implement additional management measures.
(c) If the Secretary suspects that a waste storage facility may be contaminating groundwater, the Secretary shall pay the costs of any initial groundwater monitoring to determine whether a facility poses a threat to human health or the environment. Within 21 days after a determination under this subsection that a facility poses a threat to human health or the environment because of apparent violation of the Groundwater Protection Standards, the Secretary of Agriculture, Food and Markets shall notify the Department of Health and the Secretary of Natural Resources of the location of the facility and the name of its owner or operator.
(d) As used in this section, “waste storage facility” means an impoundment made for the purpose of storing agricultural waste by constructing an embankment, excavating a pit or dugout, fabricating an inground and aboveground structure, or any combination thereof. (Added 2005, No. 78, § 4, eff. June 24, 2005; amended 2015, No. 39, § 1; 2021, No. 162 (Adj. Sess.), § 3, eff. June 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4816. Seasonal application of manure

§ 4816. Seasonal application of manure
(a) Prohibition on application. A person shall not apply manure to land in the State between December 15 and April 1 of any calendar year unless authorized by this section.
(b) Extension of prohibition. The Secretary of Agriculture, Food and Markets shall amend the Required Agricultural Practices by rule in order to establish a process under which the Secretary may prohibit the application of manure to land in the State between December 1 and December 15 and between April 1 and April 30 of any calendar year when the Secretary determines that due to weather conditions, soil conditions, or other limitations, application of manure to land would pose a significant potential of discharge or runoff to State waters.
(c) Seasonal exemption. The Secretary of Agriculture, Food and Markets shall amend the Required Agricultural Practices by rule in order to establish a process under which the Secretary may authorize an exemption to the prohibition on the application of manure to land in the State between December 15 and April 1 of any calendar year or during any period established under subsection (b) of this section when manure is prohibited from application. Any process established for the issuance of an exemption under the Required Agricultural Practices may authorize land application of manure on a weekly, monthly, or seasonal basis or in authorized regions, areas, or fields in the State, provided that any exemption shall:
(1) prohibit application of manure:
(A) in areas with established channels of concentrated stormwater runoff to surface waters, including ditches and ravines;
(B) in nonharvested permanent vegetative buffers;
(C) in a nonfarmed wetland, as that term is defined in 10 V.S.A. § 902(5);
(D) within 50 feet of a potable water supply, as that term is defined in 10 V.S.A. § 1972(6);
(E) to fields exceeding tolerable soil loss; and
(F) to saturated soils;
(2) establish requirements for the application of manure when frozen or snow-covered soils prevent effective incorporation at the time of application;
(3) require manure to be applied according to a nutrient management plan; and
(4) establish the maximum tons of manure that may be applied per acre during any one application. (Added 2013, No. 159 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4817. Management of non-sewage waste

§ 4817. Management of non-sewage waste
(a) As used in this section:
(1) “Non-sewage waste” means any waste other than sewage that may contain organisms pathogenic to human beings but does not mean stormwater runoff.
(2) “Sewage” means waste containing human fecal coliform and other potential pathogenic organisms from sanitary waste and used water from any building, including carriage water and shower and wash water. “Sewage” does not mean stormwater runoff as that term is defined in 10 V.S.A. § 1264.
(b) The Secretary may require a person transporting or arranging for the transport of non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to obtain approval from the Secretary prior to transporting the non-sewage waste to the farm. The Secretary may require a person to report to the Secretary at a designated time one or more of the following:
(1) the composition of the material transported to the farm, including the source of the material; and
(2) the volume of the material transported to a farm.
(c) After receipt of a report required under subsection (b) of this section, the Secretary may prohibit the import of non-sewage waste onto a farm upon a determination that the import of the material would violate the nutrient management plan for the farm or otherwise present a threat to water quality. (Added 2019, No. 129 (Adj. Sess.), § 16; amended 2021, No. 47, § 8; 2021, No. 162 (Adj. Sess.), § 4, eff. June 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4818. Farming; scope of activities

§ 4818. Farming; scope of activities
(a) As used to determine the scope of nuisance protection in 12 V.S.A. chapter 195, “agricultural activities” shall include “farming” as defined in this title.
(b) For purposes of the application of 12 V.S.A. § 5753, all “agricultural activities” defined in this chapter, subject to the limitations and requirements set forth in 12 V.S.A. § 5753, are entitled to the rebuttable presumption that they do not constitute a nuisance. (Added 2021, No. 162 (Adj. Sess.), § 11, eff. June 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4820. Definitions

§ 4820. Definitions
As used in this subchapter:
(1) “RAPs” means “Required Agricultural Practices” as defined by the Secretary of Agriculture, Food and Markets pursuant to subchapter 1 of this chapter.
(2) “Secretary” means the Secretary of Agriculture, Food and Markets.
(3) “Agency” means the Agency of Agriculture, Food and Markets.
(4) “FSA” means the “Farm Service Agency,” formerly named the “Agricultural Stabilization and Conservation Service,” of the U.S. Department of Agriculture.
(5) “NRCS” means the “Natural Resources Conservation Service,” formerly named the “Soil Conservation Service,” of the U.S. Department of Agriculture.
(6) [Repealed.] (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 39, § 2; 2019, No. 64, § 8.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4821. Assistance program created; administration

§ 4821. Assistance program created; administration
(a) Program created. A program is created to provide State financial assistance to Vermont farmers in support of their voluntary construction of on-farm improvements and maintenance of acceptable operating standards designed to abate nonpoint source agricultural waste discharges into the waters of the State of Vermont, consistent with goals of the Federal Water Pollution Control Act and with State water quality standards. The program shall be conducted in a manner that makes maximum use of federal financial aid for the same purpose, as provided by this subchapter, and that seeks to use the least costly methods available to accomplish the abatement required. The construction of temporary fencing intended to exclude livestock from entering surface waters of the State shall be an on-farm improvement eligible for assistance under this subchapter when subject to a maintenance agreement entered into with the Agency of Agriculture, Food and Markets.
(b) Program administration. The Secretary:
(1) Shall administer the State assistance program, for which purpose the Secretary shall coordinate with officials of the U.S. Department of Agriculture or other federal agencies, and shall adopt rules pursuant to 3 V.S.A. chapter 25 concerning farmer application and eligibility requirements, financial assistance award priorities, and other administrative and enforcement conditions.
(2) May provide technical assistance to individual farmers with the preparation of on-farm agricultural waste management plans, applications for State and federal financial assistance awards, installation of on-farm improvements, and maintenance of acceptable operating standards during the term of the program grant agreement. For this purpose, State employees of the Agency shall cooperate with federal employees of the U.S. Department of Agriculture or other federal agencies. (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 1999, No. 100 (Adj. Sess.), § 3, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 110 (Adj. Sess.), § 9, eff. May 18, 2010; 2015, No. 39, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4822. Eligibility for State assistance

§ 4822. Eligibility for State assistance
Vermont farmers shall be eligible to receive available State financial assistance with the installation of on-farm improvements designed to control agricultural nonpoint source waste discharges, provided that:
(1) for farmers who also seek federal financial assistance for this purpose, the improvements:
(A) are eligible for federal assistance through programs of the U.S. Department of Agriculture; and
(B) are consistent with a “nutrient management plan” prepared by the Vermont field office of the NRCS, or with an animal waste management plan based on standards equivalent to those of the NRCS; or
(2) for farmers who decline to seek or accept federal financial assistance for this purpose, the improvements:
(A) are determined by the Secretary to be equivalent to those eligible for federal assistance through programs of the U.S. Department of Agriculture; and
(B) are consistent with an animal waste management plan based on standards determined by the Secretary to be equivalent to those of the NRCS; and
(3) improvements will be constructed on a farm that is in good standing with the Secretary at the time of the award on all grant agreements, contract awards, or enforcement proceedings. (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 39, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4823. Priorities; State financial assistance awards

§ 4823. Priorities; State financial assistance awards
(a) Priorities. State financial assistance available under this subchapter shall in each fiscal year be allocated according to the following priorities, except as provided by subsection (b) of this section, and as further defined by rule by the Secretary:
(1) First priority shall be given to proposed improvements on individual farms that do not meet RAPs because of physical constraints of a farm site that are located, in descending order, within the boundaries of the Lake Champlain Basin, the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River Basin as these boundaries are defined by the State Water Quality Plan prepared by the Agency of Natural Resources.
(2) Next priority shall be given to proposed improvements on all other individual farms that are located, in descending order, within the boundaries of the Lake Champlain Basin, the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River Basin.
(b) Exceptions. The Secretary may award financial assistance under this subchapter for improvements on a farm that otherwise would not receive assistance under the priorities established by this section when the Secretary determines a severe condition of nonpoint source waste discharge exists that requires immediate abatement. (Added 1995, No. 62, § 37, eff. April 26, amended 1995; 1997, No. 148 (Adj. Sess.), § 67, eff. April 29, 1998; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4824. State financial assistance awards

§ 4824. State financial assistance awards
(a) State grant. State financial assistance awarded under this subchapter shall be in the form of a grant. When a State grant is intended to match federal financial assistance for the same on-farm improvement project, the State grant shall be awarded only when the federal financial assistance has also been approved or awarded. An applicant for a State grant shall pay at least 10 percent of the total eligible project cost. The dollar amount of a State grant shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a State grant shall not exceed 90 percent of the total eligible project cost.
(b) Grant terms. A State grant awarded to an applicant under this subchapter shall be awarded in accordance with a State grant containing terms substantially the same as those required for receipt of a federal award for the same purpose from the U.S. Department of Agriculture, except as provided by the Secretary by rule. (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 112 (Adj. Sess.), § 3, eff. May 3, 2008; 2011, No. 104 (Adj. Sess.), § 28b, eff. May 7, 2012; 2015, No. 39, § 5.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4825. Reports

§ 4825. Reports
Annually by January 15 of each year, the Secretary shall report to the General Assembly regarding activities in support of the objectives of this subchapter, including use of State, federal, and private funds:
(1) undertaken during the preceding fiscal year;
(2) in progress during the current fiscal year;
(3) projected for the following fiscal year; and
(4) remaining to be undertaken after the following fiscal year. (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4826. Cost assistance for waste storage facilities

§ 4826. Cost assistance for waste storage facilities
(a) The owner or operator of a farm required under section 4815 of this title to design, construct, or modify a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for cost assistance. Using State or federal funds, or both, a State assistance grant shall be awarded, subject to the availability of funds, to applicants. Such grants shall not exceed 90 percent of the cost of an adequately sized and designed waste storage facility and the equipment eligible for Natural Resources Conservation Service cost share assistance. Application for a State assistance grant shall be made in the manner prescribed by the Secretary.
(b) If the Secretary lacks adequate funds necessary for the cost assistance awards required by subsection (a) of this section, the Secretary shall appear before the Emergency Board, as soon as possible, and shall request that necessary funds be provided. If the Emergency Board fails to provide adequate funds, the design and construction requirements for waste storage facilities under subsection 4815(b) of this title and the RAPs for groundwater, as they relate to a waste storage facility, shall be suspended for a farm with a waste storage facility subject to the requirements of subsection 4815(b) of this title until adequate funding becomes available. Suspension of the design and construction requirements of subsection 4815(b) of this title does not relieve an owner or operator of a farm permitted under section 4858 or 4851 of this title from the remaining requirements of the owner’s or operator’s permit, including discharge standards, groundwater protection, nutrient management planning, and land application of manure. This subsection does not apply to farms permitted under 10 V.S.A. § 1263.
(c) The owner or operator of a farm with a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for the costs of complying with the U.S. Department of Agriculture Natural Resources Conservation Service requirements for inspection of a waste storage facility. Such grants shall not exceed 90 percent of the cost of the inspection of the waste storage facility. Application for a State assistance grant shall be made in the manner prescribed by the Secretary. (Added 2005, No. 78, § 5, eff. June 24, 2005; amended 2011, No. 104 (Adj. Sess.), § 28c, May 7, 2012; 2015, No. 39, § 6.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4828. Capital Equipment Assistance Program

§ 4828. Capital Equipment Assistance Program
(a) It is the purpose of this section to provide assistance to purchase or use innovative equipment that will aid in the reduction of surface runoff of agricultural wastes to State waters, improve water quality of State waters, reduce odors from manure application, separate phosphorus from manure, mitigate greenhouse gases, and reduce costs to farmers.
(b) The Capital Equipment Assistance Program is created in the Agency of Agriculture, Food and Markets to provide State financial assistance for the purchase of new or innovative equipment to achieve the purposes of this section.
(c) Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by the Secretary. Priority shall be given to capital equipment to be used on multiple farms; equipment to be used for phosphorus reduction, separation, or treatment; equipment to be used to achieve the most significant or cost-effective benefits that advance the purposes of this section, including by reducing nitrogen runoff; and projects managed by nonprofit organizations that are located in descending order within the boundaries of:
(1) the Lake Champlain Basin;
(2) the Lake Memphremagog Basin;
(3) the Connecticut River Basin; and
(4) the Hudson River Basin.
(d) An applicant for a State grant under this section to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall pay 10 percent of the total eligible project cost. The dollar amount of a State grant to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and shall not exceed $300,000.00. (Added 2007, No. 197 (Adj. Sess.), § 1; amended 2011, No. 104 (Adj. Sess.), § 28d, eff. May 7, 2012; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 39, § 8; 2017, No. 77, § 8; 2017, No. 77, § 12, eff. July 1, 2023; 2019, No. 64, § 9; 2021, No. 162 (Adj. Sess.), § 6, eff. June 1, 2022; 2023, No. 42, § 7, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4829. Conservation Reserve Enhancement Program

§ 4829. Conservation Reserve Enhancement Program
(a) The Conservation Reserve Enhancement Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State or federal financial assistance for the implementation of alternative nutrient reduction practices that improve soil quality, improve nutrient retention, and reduce agricultural waste discharges. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program:
(1) riparian forest buffers;
(2) grassed waterways;
(3) grassed filter strips; or
(4) other practices approved by the Secretary and administered through a memorandum of understanding with the Commodity Credit Corporation.
(b) Grant agreements entered into under this section shall at a minimum have a term of 15 years in duration and can include permanent easements.
(c)(1) The Agency of Agriculture, Food and Markets shall use capital funding available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivisions (a)(1)-(3) of this section.
(2) The Agency shall use noncapital funds eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivision (a)(4) of this section. (Added 2019, No. 64, § 13.)