2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2744a. Drugs

§ 2744a. Drugs
(a) No producer shall sell or offer for sale milk that contains any drug or drugs in excess of tolerances established by the U.S. Food and Drug Administration in the Code of Federal Regulations.
(1) In the event that milk from a dairy producer contains a drug residue:
(A) No more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative.
(B) If a second drug residue violation occurs within 12 months of the first violation, no more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative. The producer shall have an administrative penalty equal to the value of one day of milk production assessed.
(C) If a third drug residue violation occurs within 12 months of the first violation, no more milk from that producer shall be received by any milk dealer or handler until a sample of at least one complete milking has been collected and found negative. The producer shall have an administrative penalty equal to the value of two days of milk production assessed. A hearing shall be warned to determine if the producer will be allowed to continue to ship milk.
(2) No handler or dealer shall accept milk from:
(A) a producer after a drug residue violation has occurred until a sample of at least one complete milking has been found negative; or
(B) a producer whose ability to sell milk is suspended or terminated.
(3) A producer who fails to pay an administrative penalty issued under this section within 30 days of issuance of a citation for violation of this section shall have his or her ability to sell milk suspended until the administrative penalty is paid. In lieu of suspending a producer’s ability to sell milk, the Secretary may accept the assessment by the milk dealer against the producer.
(4) Notwithstanding the provisions of subsection (c) of this section, the Secretary may at any time issue an emergency order prohibiting a producer from selling and a handler from accepting any milk until the milk tests negative for drugs.
(b)(1) No producer shall sell for slaughter livestock with bodily tissue containing any drug or drugs in excess of tolerances established by the U.S. Food and Drug Administration in the Code of Federal Regulations.
(2) In the event that bodily tissue obtained from livestock intended for slaughter is found to contain a drug or drugs in excess of levels established by the U.S. Food and Drug Administration in the Code of Federal Regulations at the time of sale, the Secretary may assess an administrative penalty not to exceed $1,000.00 for each violation and may require the farm to participate in a program approved by the Agency intended to mitigate further selling of animals for food that contain violative drug residues in their tissue.
(c) Before issuing an order or administrative penalty under this section, the Secretary shall provide the producer and the handler or dealer an opportunity for hearing. (Added 1991, No. 232 (Adj. Sess.), § 2; amended 1997, No. 88 (Adj. Sess.), § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011; 2015, No. 39, § 18.)