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2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1111. Administrative penalties

§ 1111. Administrative penalties
(a) The Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation for private applicators or certified private applicators or $5,000.00 per violation for certified noncommercial applicators, certified commercial applicators, licensed dealers, licensed companies, or permit holders, in any case in which he or she determines that an applicator, dealer, licensed company, or permit holder has done any of the following acts in violation of this chapter or of the rules adopted under this chapter:
(1) sold pesticides without first obtaining the appropriate pesticide dealer license;
(2) used pesticides without first obtaining the appropriate company license or applicator certificate;
(3) used a pesticide inconsistent with its labeling or in violation of the rules for the control of pesticides;
(4) failed to complete and submit a commercial applicator, company license, or pesticide dealer report;
(5) violated a cease and desist order;
(6) improperly disposed of pesticide products, dilutions, or rinsates; or
(7) violated the terms or conditions of a permit issued pursuant to this chapter or pursuant to the rules adopted pursuant to this chapter.
(b) In determining the amount of the penalty assessed under this section, the Secretary may give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the person, and the overall history of prior violations.
(c) The Secretary shall use the following procedure in assessing penalties:
(1) The Secretary shall issue a written notice of violation setting forth facts that would establish probable cause that a violation has occurred.
(2) The notice shall be served by personal service or by certified mail, return receipt requested.
(3) The notice shall advise the person of the right to a hearing. If a hearing is requested, it shall be conducted pursuant to 3 V.S.A. chapter 25.
(4) The notice shall also state the proposed penalty and that if no hearing is requested, the decision shall become final and the penalty shall be imposed.
(5) The recipient of the notice shall have 15 days from the date on which notice is received to request a hearing.
(d) Any party aggrieved by a final decision of the Secretary may appeal to a 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.
(e) The Secretary may, subject to the provisions of 3 V.S.A. chapter 25, suspend any license, certificate, or permit issued pursuant to this chapter for failure to pay a penalty under this section when that person has failed to pay the penalty within 60 days after the penalty becomes final. (Added 1987, No. 71, § 5; amended 1999, No. 49, § 118; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 74, § 11; 2023, No. 6, § 51, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1112. Licensing pesticide applicators; pesticide companies; dealers

§ 1112. Licensing pesticide applicators; pesticide companies; dealers
(a) The Secretary may adopt rules requiring persons selling Class A and B pesticides to be licensed under this chapter. In addition, the Secretary may adopt rules requiring companies that hire applicators or conduct pesticide applications to be licensed and applicators who use pesticides to be certified under this chapter. The Secretary may establish reasonable requirements for obtaining licenses and certificates. The fees for dealers, licensed companies, and applicator certificates under this chapter shall be as follows:
(1) Class A Dealer License—$50.00;
(2) Class B Dealer License—$50.00;
(3) Pesticide Company License—$75.00;
(4) Commercial and Noncommercial Applicator Certification fee—$30.00 per category or subcategory with a maximum of $120.00;
(5) second and third time examination fee for dealer licenses and applicator certification—$25.00;
(6) Private Applicator—$25.00;
(7) State Government, Municipal, and Public Education Institution Applicators—$30.00.
(b) All license and certification fees shall be for one year or any part thereof for each dealer, licensed pesticide applicator company, or certified commercial and noncommercial applicator. The license and certification period shall be January 1 to December 31.
(c) Notwithstanding the fees provided in subsection (a) of this section, the Secretary shall exempt the federal government and its agencies and instrumentalities from license and certification fees. (Added 1999, No. 49, § 119; amended 2001, No. 143 (Adj. Sess.), § 38, eff. June 21, 2002; 2003, No. 42, § 2; 2009, No. 134 (Adj. Sess.), § 12; 2015, No. 149 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 87 - Control of Pesticides › § 1113. Accessory on-farm businesses; pesticides; posting

§ 1113. Accessory on-farm businesses; pesticides; posting
When an agricultural pesticide is applied on a farm in an area in which an accessory on-farm business operates or conducts activity, the accessory on-farm business shall post the same warning signs that would be posted for agricultural workers under the rules of the U.S. Environmental Protection Agency adopted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. chapter 6, subchapter II (environmental pest control). The manner and duration of posting shall be the same as under those rules. As used in this section:
(1) “Accessory on-farm business” and “farm” shall have the same meaning as in 24 V.S.A. § 4412(11).
(2) “Agricultural pesticide” means any pesticide labeled for use in or on a farm, forest, nursery, or greenhouse. (Added 2017, No. 143 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1151. Definitions

§ 1151. Definitions
As used in this part:
(1) “Accredited veterinarian” means a veterinarian approved by the U.S. Department of Agriculture and the State Veterinarian to perform functions specified by cooperative state-federal disease control programs.
(2) “Animal” or “domestic animal” means cattle, sheep, goats, equines, deer, American bison, swine, poultry, pheasant, Chukar partridge, Coturnix quail, psittacine birds, ferrets, camelids, ratites (ostriches, rheas, and emus), and water buffalo. The term shall include cultured fish propagated by commercial fish farms.
(3) “Approved slaughterhouse” means an establishment maintained by a slaughterer under State or federal law.
(4) “Camelids” means any animal of the family camelidae, including guanacos, vicunas, camels, alpacas, and llamas.
(5) “Coggins test” means the agar gel immunodiffusion blood test conducted in a laboratory approved by the U.S. Department of Agriculture and the Secretary.
(6) “Contagious disease,” “infectious disease,” or “disease” means any disease found in domestic animals that is capable of directly or indirectly spreading from one domestic animal to another. “Contagious disease” includes all reportable diseases.
(7) “Deer” means any member of the family cervidae except for white-tailed deer and moose.
(8) “Domestic fowl” or “poultry” means all domesticated birds of all ages that may be used as human food, or that produce eggs that may be used as human food, excluding those birds protected by 10 V.S.A. part 4.
(9) “Equine animal” means any member of the family equidae, including horses, ponies, mules, asses, and zebras.
(10) “Fallow deer” means domesticated deer of the genus Dama, species dama.
(11) “Red deer” means domesticated deer of the family cervidae, subfamily cervidae, genus Cervus, species elaphus.
(12) “Reactor” means an animal that tests positive to any official test required under this chapter.
(13) “Reportable disease” means any disease included in the National List of Reportable Animal Diseases and any disease required by the Secretary by rule to be reportable.
(14) “Secretary” means the Secretary of Agriculture, Food and Markets or designee. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1989, No. 16, § 1; 1991, No. 8, §§ 1, 2; 1993, No. 202 (Adj. Sess.), § 2; 1995, No. 72 (Adj. Sess.), § 2, eff. Feb. 14, 1996; 1997, No. 88 (Adj. Sess.), § 1; 1999, No. 30, § 7; 2003, No. 37, § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 12, § 1, eff. May 2, 2005; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1152. Administration; inspection; testing; records

§ 1152. Administration; inspection; testing; records
(a) The Secretary shall be responsible for the administration and enforcement of the Livestock Disease Control Program. The Secretary may appoint the State Veterinarian to manage the Program, and other personnel as are necessary for the sound administration of the Program.
(b) The Secretary shall maintain a public record of all permits issued and of all animals tested by the Agency of Agriculture, Food and Markets under this chapter for a period of five years.
(c) The Secretary may conduct any inspections, investigations, tests, diagnoses, or other reasonable steps necessary to discover and eliminate contagious diseases existing in domestic animals in this State. The Secretary shall investigate any reports of diseased animals, provided there are adequate resources. In carrying out the provisions of this part, the Secretary or his or her authorized agent may enter any real estate, premises, buildings, enclosures, or areas where animals may be found for the purpose of making reasonable inspections and tests. A livestock owner or the person in possession of the animal to be inspected, upon request of the Secretary, shall restrain the animal and make it available for inspection and testing.
(d) The Secretary may contract and cooperate with the U.S. Department of Agriculture, other federal agencies or states, and accredited veterinarians for the control and eradication of contagious diseases of animals. The Secretary shall consult and cooperate, as appropriate, with the Commissioners of Fish and Wildlife and of Health regarding the control of contagious diseases.
(e) If necessary, the Secretary shall set priorities for the use of the funds available to operate the Program established by this chapter.
(f) Any commercial slaughterhouse operating in the State shall maintain and retain for three years records of the number of animals slaughtered at the facility, the physical address of origination of each animal, the date of slaughter of each animal, and all official identification numbers of slaughtered animals. A commercial slaughterhouse shall make the records required under this subsection available to the Agency upon request.
(g) Records produced or acquired by the Secretary under this chapter shall be available to the public, except that:
(1) the Secretary may withhold from inspection and copying records that are confidential under federal law; and
(2) the Secretary may withhold or redact a record to the extent needed to avoid disclosing directly or indirectly the identity of individual persons, households, or businesses. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1993, No. 202 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 12, § 2, eff. May 2, 2005; 2017, No. 30, § 3; 2019, No. 64, § 16.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1153. Rules

§ 1153. Rules
(a) The Secretary shall adopt rules necessary for the discovery, control, and eradication of contagious diseases and for the slaughter, disposal, quarantine, vaccination, and transportation of animals found to be diseased or exposed to a contagious disease. The Secretary may also adopt rules requiring the disinfection and sanitation of real estate, buildings, vehicles, containers, and equipment that have been associated with diseased livestock.
(b) The Secretary shall adopt rules establishing fencing and transportation requirements for deer.
(c) The Secretary shall adopt rules necessary for the inventory, registration, tracking, and testing of deer. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1991, No. 8, § 3; 1995, No. 72 (Adj. Sess.), § 3, eff. Feb. 14, 1996; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 12, § 3, eff. May 2, 2005; 2015, No. 23, § 73; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1154a. Testing of cultured fish and fee fishing businesses

§ 1154a. Testing of cultured fish and fee fishing businesses
Health testing of cultured fish may be provided to commercial fish farms and fee fishing businesses through an aquaculture inspection program conducted jointly by the Agency of Agriculture, Food and Markets and the Department of Fish and Wildlife, in accordance with any memorandum of understanding between the Agency and Department prepared for this purpose as required by 1991 Acts and Resolves No. 50, Sec. 88. Such testing shall be at no charge to the commercial fish farm or fee fishing business. The testing shall be funded jointly from the operating budgets of the Agency of Agriculture, Food and Markets and the Department of Fish and Wildlife. (Added 1993, No. 202 (Adj. Sess.), § 4; amended 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 42, § 4; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1156. Public nuisance

§ 1156. Public nuisance
Contagious diseases as defined in subdivision 1151(7) of this title are hereby declared to be a public nuisance requiring preventative and remedial action to protect the public health and welfare, as provided in this chapter. (Added 1987, No. 276 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1158. Quarantine zone

§ 1158. Quarantine zone
(a) The Secretary may establish a quarantine zone whenever it is determined that a contagious disease is widely spread throughout an area of the State and that a quarantine zone is necessary to contain or prevent the further spread of the disease.
(b) In establishing a quarantine zone, the Secretary may, by order:
(1) regulate, restrict, or restrain movements of animals, animal products, or vehicles and equipment associated with animals or animal products into, out of, or within the zone;
(2) detain all animals within the zone that might be infected with or have been exposed to the disease for examination at any place specified by the quarantine order; and
(3) take other necessary steps to prevent the spread of and eliminate the disease within the quarantine zone.
(c) The Secretary shall notify the public of the existence, location, and terms of a quarantine zone, in a manner deemed appropriate under the circumstances. The Secretary may also notify by certified mail or in person the owner or person in possession of any animal or animals that must be detained or otherwise regulated within the zone.
(d) It shall be unlawful to violate the terms of a quarantine zone order issued pursuant to this section. Any person who knowingly violates a quarantine zone order shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than six months, or both. Any person who knowingly violates a quarantine zone order and causes the spread of a contagious disease beyond the quarantine zone shall be subject to a fine of not more than $15,000.00 or imprisonment for not more than two years, or both. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1160. Emergency outbreak of contagious disease

§ 1160. Emergency outbreak of contagious disease
In case of the outbreak within this State of some contagious disease of domestic animals, or whenever there is reason to believe that there is danger of the introduction into the State of any contagious disease prevailing among domestic animals outside the State, the Secretary may take action and adopt emergency rules as necessary to prevent the introduction or spread of the disease. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1999, No. 49, § 120; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1161. Fees for testing

§ 1161. Fees for testing
The Secretary may assess fees necessary to cover the cost of testing domestic animals for contagious diseases. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1989, No. 257 (Adj. Sess.), § 10; 1991, No. 153 (Adj. Sess.), § 15, eff. May 5, 1992; 1995, No. 72 (Adj. Sess.), § 5, eff. Feb. 14, 1996; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1162. Report of disease

§ 1162. Report of disease
(a) All accredited veterinarians shall immediately report the discovery of any domestic animal within this State that is infected with, is suspected of being infected with, or has been exposed to a reportable disease as specified by this chapter. A veterinarian shall immediately report any sudden unexplained morbidity or mortality in a herd or flock located within the State. The report shall be made to the State Veterinarian and shall specify the physical address where the animal is located; identification and description of the animal; the disease or condition suspected or diagnosed; and the name, mailing address, and telephone number of the owner or person in possession of the animal.
(b) All persons operating diagnostic laboratories shall immediately report the diagnosis of any domestic animal within this State that has a reportable disease as specified by this chapter. The report shall be made to the State Veterinarian and, in addition to the information required under subsection (a) of this section, shall include a copy of the test chart pertaining to the animal in question. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1163. Additional violations

§ 1163. Additional violations
(a) A person who knowingly commits any of the following acts shall be assessed an administrative penalty under section 15 of this title for:
(1) transporting an animal affected with, or exposed to, a contagious disease without first obtaining the permission of the Secretary;
(2) interfering with any animal disease test conducted pursuant to this chapter;
(3) advertising, selling, or offering for sale as tested under State or federal supervision any domestic animal that does not come from herds that are under State or federal supervision;
(4) failing to report the discovery of a reportable disease as required by section 1162 of this title; or
(5) interfering with or hindering the work of the Secretary or his or her agents pursuant to this chapter.
(b) A person who knowingly commits any of the following acts shall be imprisoned not more than two years or fined not more than $15,000.00, or both, for:
(1) importing into this State any animal infected with or exposed to a contagious disease; or
(2) selling or offering for sale for food purposes any animal or animal carcass condemned under the provisions of this chapter, unless the animal is inspected and approved for use as human food by an agent of the Secretary or the U.S. Department of Agriculture. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1164. Civil penalties

§ 1164. Civil penalties
(a) A person who violates any provision of this chapter or the rules adopted under this chapter or who commits any of the acts described in section 1163 of this title shall be assessed an administrative penalty under section 15 of this title. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance thereof shall be deemed a separate and distinct offense.
(b) The Secretary may, in the name of the Agency of Agriculture, Food and Markets, obtain a temporary or permanent injunction to restrain a violation of this chapter.
(c) After notice and opportunity for hearing, the Secretary may suspend or revoke any license issued pursuant to chapter 63 of this title for any violation of this chapter. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 3; 2023, No. 6, § 52, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1165. Testing of captive deer

§ 1165. Testing of captive deer
(a) Definitions. As used in this section:
(1) “Captive deer operation” means a place where deer are privately or publicly maintained, in an artificial manner, or held for economic or other purposes within a perimeter fence or confined space.
(2) “Chronic wasting disease” or “CWD” means a transmissible spongiform encephalopathy.
(b) Testing. A person operating a captive deer operation under the jurisdiction of the Secretary of Agriculture, Food and Markets shall inform the Secretary when a captive deer in his or her control dies or is sent to slaughter. The person operating the captive deer operation shall make the carcass of a deceased or slaughtered animal available to the Secretary for testing for CWD.
(c) Cost. The cost of CWD testing required under this section shall be assessed to the person operating the captive deer operation from which the tested captive deer originated. (Added 2013, No. 159 (Adj. Sess.), § 13, eff. May 28, 2014; amended 2017, No. 30, § 3; 2019, No. 129 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1181. Certification required

§ 1181. Certification required
(a) Any equine animal imported into the State or transported through the State shall be accompanied by a Certificate of Veterinarian Inspection. The certificate shall state that the equine animal has been tested negative for equine infectious anemia (EIA) by an accredited veterinarian.
(b) Any equine animal purchased, sold, offered for sale, bartered, exchanged, or given away within the State, or imported for one of these purposes, shall be tested by an accredited veterinarian and certified as negative for equine infectious anemia in accordance with rules adopted by the Secretary as provided by subsection (f) of this section. A test for equine infectious anemia shall not be required when:
(1) the transfer of ownership is between the owner of the animal and his or her spouse, child, or sibling and where the animal is not moved to new premises; or
(2) the animal is consigned directly to slaughter.
(c) Whenever the Secretary has reason to believe that any equine animal has been exposed to equine infectious anemia and that the animal may pose a threat to other equine animals, the Secretary may require that the animal be tested for equine infectious anemia by an accredited veterinarian or by a State or federal veterinarian approved by the Secretary.
(d) The Secretary may require by rule that any equine animal transported to any fair, show, competition, or other gathering of equine animals be accompanied by a certificate that states that the equine animal has been tested and found negative for equine infectious anemia.
(e) The Secretary shall establish by rule the form and manner of required certifications and the periods of time within which testing and certification of equine animals shall be accomplished.
(f) The Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 for the purchase by a livestock dealer for resale or for slaughter of equine not known to be tested for equine infectious anemia, as authorized by subsection (b) of this section. The rules shall include specifications governing equine quarantine facilities, procedures for equine animals of unknown EIA status intended for resale to be retested, procedures for handling equine animals of unknown EIA status purchased for slaughter, and record-keeping requirements for livestock dealers. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1995, No. 39, § 1, eff. April 17, 1995; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1182. Testing of equine animals

§ 1182. Testing of equine animals
(a) Testing of equine animals for equine infectious anemia shall be done by an accredited veterinarian licensed in the State by means of a Coggins test or other test acceptable to the Secretary, at the owner’s expense.
(b) Any equine animal found to be a reactor by means of a test under subsection (a) of this section shall be administered a second test in accordance with the applicable State and federal statutes, rules, or regulations.
(c) Any equine animal found to be a reactor shall be quarantined in accordance with instructions of the Secretary between receipt of the results of the first and second tests. Any equine animal found to be a reactor to a second test shall continue to be quarantined until adequate arrangements are made for disposition of the animal in accordance with section 1183 of this title.
(d) Any veterinarian who identifies an equine animal as a reactor shall report that animal to the Secretary in a form and manner to be prescribed by rule of the Secretary. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1183. Disposition of reactors

§ 1183. Disposition of reactors
(a) Any equine animal identified as a reactor through testing as provided in subsections 1182(a) and (b) of this title shall be humanely destroyed within seven days of the second test. The destruction of the animal shall be by a licensed veterinarian and shall be observed by the Secretary or an agent of the U.S. Department of Agriculture.
(b) Notwithstanding the provisions of subsection (a) of this section, a reactor may be transported to an approved slaughterhouse or research facility where authorized by written permission of the Secretary. In granting permission, the Secretary may specify the conditions under which the animal shall be quarantined, transported, and destroyed.
(c) Any licensed veterinarian who destroys any equine animal in accordance with the provisions of this section shall immediately report the destruction of the animal to the Secretary.
(d) As an alternative to the destruction of animals under the provisions of subsections (a) and (b) of this section, reactors may be isolated permanently under quarantine from all other equine animals and shall be conspicuously freezebranded with the letters “EIA.” In no case shall this action be delayed for more than two weeks. The quarantine shall apply to all equine animals on the premises where the reactor is located and shall remain in effect until the reactor is destroyed or isolated under quarantine and the remaining equine animals are tested and found to be negative.
(e) The provisions of this section shall be implemented by rule of the Secretary. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 102 - Control of Contagious Livestock Diseases › § 1184. Penalties

§ 1184. Penalties
Any person who violates the provisions of section 1181, 1182, or 1183 of this title shall be assessed an administrative penalty under section 15 of this title. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 2017, No. 30, § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1459. Definitions

§ 1459. Definitions
As used in this chapter:
(1) “Commercial slaughter facility” shall have the same meaning as “commercial slaughterhouse” set forth in section 3302 of this title.
(2) “Livestock” shall have the same meaning as set forth in section 3302 of this title.
(3) “Offloaded” means removed or otherwise taken off or away from the conveyance of transport.
(4) “Poultry” shall have the same meaning as set forth in section 3302 of this title.
(5) “Reactor” means livestock or poultry that test positive to a test required under this chapter.
(6) “Suspect” means livestock or poultry that are tested under a requirement in this chapter and are not classified as testing positive or negative. (Added 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1460. Interstate movement; administration

§ 1460. Interstate movement; administration
(a) In order to implement the requirements of this chapter and chapter 63 of this title related to the licensing of livestock businesses, the Secretary of Agriculture, Food and Markets shall require importers of livestock or poultry into the State to comply with minimum requirements of the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. part 86, including any future amendments to the rule.
(b) In order to prevent the introduction or spread of contagious disease, or to ensure adequate animal traceability within this State, the Secretary may adopt rules to mandate stricter movement requirements than those required by the U.S. Department of Agriculture Animal Disease Traceability rule. (Added 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1461. Import and export documentation required

§ 1461. Import and export documentation required
(a) Import permit. The Secretary of Agriculture, Food and Markets may require a person who imports or causes to be imported into this State any domestic animal except dogs and cats to first obtain an import permit from the Secretary, except as the Secretary may provide by rule. Permits shall be issued in a manner approved by the Secretary.
(b) Certificates of veterinary inspection. No person shall import or cause to be imported any domestic animal into this State without first obtaining a Certificate of Veterinary Inspection, except as the Secretary may provide by rule. The certificate shall be issued by an accredited and licensed veterinarian in the state or country of origin. The certificate shall contain a statement by the state animal health official for that state certifying that the veterinarian who executed the certificate is licensed to practice veterinary medicine in that state or country and is accredited by the U.S. Department of Agriculture to sign a Certificate of Veterinary Inspection. The certificate shall be issued electronically or on a form prescribed by the state of origin and declare that all of the animals listed have been inspected or tested, or both, as required by the applicable State and federal statutes, rules, and regulations. The certificate shall also set forth the name and address of the owner of any animal transferred pursuant to the certificate. One copy of the certificate shall accompany the animals during transportation, and one copy shall be filed with the Secretary. A Certificate of Veterinary Inspection that is issued electronically shall meet the data standards established by the National Assembly of State Animal Health Officials in consultation with the U.S. Department of Agriculture.
(c) Exemption. The Secretary may, by rule, exempt from the provisions of this section transactions concerning domestic animals transported into this State for immediate slaughter. A person who so imports an animal without a permit and then does not immediately slaughter the animal shall be subject to the provisions of this section.
(d) Exportation. A person wishing to export domestic animals to another state or country shall comply with all the requirements of that state or country for the importation of domestic animals. (Added 1987, No. 276 (Adj. Sess.), § 2; amended 1991, No. 153 (Adj. Sess.), § 1, eff. May 5, 1992; 1995, No. 39, § 2, eff. April 17, 1995; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1461a. Intrastate movement

§ 1461a. Intrastate movement
(a) Except as provided under subsection (b) of this section, all livestock being transported within the State shall satisfy the requirements for official identification for interstate movement under the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86, including any future amendments to the rule, prior to leaving the premises of origin, regardless of the reason for movement or duration of absence from the premises.
(b)(1) Livestock transported from the premises of origin for purposes of receiving veterinary care at a hospital in this State are exempt from the requirements of subsection (a) of this section, provided that the livestock are returned to the premises of origin immediately following the conclusion of veterinary care.
(2) The Secretary, by procedure, may waive the requirements of subsection (a) for certain types or categories of intrastate transport of livestock.
(c) Livestock and poultry that are transported to a commercial slaughter facility within the State shall not be removed from the facility without the facility’s owner’s first obtaining written permission from the State Veterinarian. For purposes of this section, arrival of the conveyance onto facility property and the offloading of livestock or poultry constitutes transport to a slaughter facility, regardless of whether the animals have been presented for antemortem inspection. The State Veterinarian may require inspection and testing prior to issuing consent for removal.
(d) Vermont-origin livestock and poultry that are transported to a slaughter facility outside this State shall not be removed from the facility and returned to Vermont without the facility’s owner first obtaining written permission from the State Veterinarian. For purposes of this section, arrival of the conveyance onto facility property constitutes transport to a slaughter facility, regardless of whether the animals have been offloaded or presented for antemortem inspection. The State Veterinarian may require inspection and testing prior to issuing consent for removal.
(e) A person shall not transport out-of-state livestock or poultry into Vermont for slaughter or other purpose without written consent from the State Veterinarian if the livestock or poultry is classified as a suspect or a reactor by the U.S. Department of Agriculture or was exposed to livestock or poultry classified as a suspect or a reactor. (Added 2017, No. 30, § 4; amended 2017, No. 180 (Adj. Sess.), § 5, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 21, eff. May 30, 2018; 2019, No. 129 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1462. Quarantine

§ 1462. Quarantine
The Secretary may require by rule in general, or order in specific cases, that any domestic animal imported into this State be placed in quarantine. (Amended 1989, No. 183 (Adj. Sess.), § 3; 1991, No. 153 (Adj. Sess.), § 2, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1463. Examination; release from quarantine

§ 1463. Examination; release from quarantine
Within a reasonable time, the Secretary shall examine any imported domestic animal placed in quarantine and may apply such tests or retests as the Secretary deems necessary to determine the health of the animals. After tests or retests ordered by the Secretary have been applied, any domestic animal found free from contagious or infectious disease shall be released from quarantine, unless the Secretary determines that the animal may have been exposed to a contagious disease and that it is necessary to continue the quarantine in order to prevent the potential spread of a contagious disease. Any order shall be made in the manner provided by section 1157 of this title. (Amended 1989, No. 183 (Adj. Sess.), § 4; 1991, No. 153 (Adj. Sess.), § 3, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1464. Slaughter; expenses

§ 1464. Slaughter; expenses
The Secretary may take all steps that he or she deems necessary to prevent the potential spread of a contagious or an infectious disease, including continuing a quarantine order concerning imported animals found to be infected with or exposed to a contagious disease. When necessary to protect the health of other domestic animals or to prevent or control the spread of contagious disease, the Secretary may order any domestic animal imported into the State that is infected with or has been exposed to an infectious or a contagious disease condemned and destroyed and the carcass disposed with, in accordance with the provisions of section 1159 of this title. The owner shall bear the expense of detention, examination, test, and slaughter but not the personal expenses of the Secretary. (Amended 1991, No. 153 (Adj. Sess.), § 4, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1466. Exceptions

§ 1466. Exceptions
Nothing in sections 1461-1465 of this title shall be construed to apply to the transportation of domestic animals through the State, provided that the animals are not offloaded within the State and the premises of the consignee are not within the State. (Amended 1991, No. 153 (Adj. Sess.), § 5, eff. May 5, 1992; 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1467. Test and inspection in state of origin

§ 1467. Test and inspection in state of origin
(a) Any domestic animal brought into the State shall be tested and inspected in the state of origin when testing or inspection is required by rule. Imported domestic animals may be retested at the discretion of the Secretary.
(b) In order to prevent the spread of infections or contagious diseases, any domestic animal brought into the State without having been first tested and inspected, as required by the Secretary’s rules, may be returned to the state of origin within 48 hours of a determination by the Secretary that the animals have been illegally imported. While in the State, the illegally imported domestic animals shall be strictly quarantined. In the event that the domestic animals cannot be returned to the state of origin, the animals may be slaughtered or euthanized within 72 hours of a determination by the Secretary that the animals have been illegally imported. The owner of the domestic animals shall bear the full expense of their removal from the State, or destruction, and shall not be entitled to any compensation from the State. (Amended 1961, No. 56; 1975, No. 12, § 1, eff. March 10, 1975; 1985, No. 205 (Adj. Sess.); 1991, No 153 (Adj. Sess.), § 6, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1468. Permits to persons near State line; Secretary grant of permission of entry

§ 1468. Permits to persons near State line; Secretary grant of permission of entry
Persons living near the State line who own or occupy land in an adjoining state may procure from the Secretary permits to drive, herd, or transport cattle, horses, or other livestock back and forth to seasonal pasture or housing, subject to such restrictions as the Secretary may prescribe by rule or order. The Secretary may grant permission for cattle, horses, or other domestic animals to enter the State for exhibition purposes between May 1 and October 31 of any year. The Secretary may adopt rules regarding entry of cattle, horses, or other domestic animals into the State for seasonal pasture, housing, or exhibition purposes. (Amended 1989, No. 183 (Adj. Sess.), § 6; 1991, No. 153 (Adj. Sess.), § 7, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1469. Penalties—illegal importation

§ 1469. Penalties—illegal importation
(a) A person engaged in a commercial enterprise who violates a provision of this chapter, the rules adopted this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter may be assessed an administrative penalty under section 15 of this title.
(b) The Secretary may seek a temporary or permanent injunction to enforce the provisions of this chapter, the rules adopted under this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter.
(c) The Secretary may suspend or revoke a license issued under chapter 63 of this title for a violation of this chapter, the rules adopted under this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter in accordance with the provisions of the Administrative Procedure Act, 3 V.S.A. chapter 25. (Amended 1989, No. 183 (Adj. Sess.), § 1; 1991, No. 153 (Adj. Sess.), § 12, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4; 2021, No. 105 (Adj. Sess.), § 103, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1470. Records

§ 1470. Records
(a) A commercial slaughter facility operating in the State shall maintain and retain for three years records of the number of animals slaughtered at the facility, the physical address of origination of each animal, the date of slaughter of each animal, and all official identification numbers of slaughtered animals. A commercial slaughterhouse shall make the records required under this subsection available to the Agency upon request.
(b) Records produced or acquired by the Secretary under this chapter shall be available to the public for inspection and copying, except that:
(1) the Secretary may withhold from inspection and copying records that are confidential under federal law; and
(2) the Secretary may withhold or redact a record to the extent needed to avoid disclosing directly or indirectly the identity of individual persons, households, or businesses. (Added 2019, No. 64, § 17.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1472. Test; certificate

§ 1472. Test; certificate
(a) A person wishing to export a domestic animal may obtain a certificate of veterinary inspection in the following manner. The applicant shall have the animal to be exported tested for such contagious disease or other condition as may be required by the state or country to which the animal is to be shipped. The test shall be made at the expense of the applicant by a veterinarian licensed in this State and accredited by the U.S. Department of Agriculture to sign certificates of veterinary inspection. The testing may also be conducted by a veterinarian resident of any other state in which a test is conducted who is certified by the authority charged with the control of animal health matters in the state where such veterinarian resides to be licensed as a veterinarian in that state and accredited by the U.S. Department of Agriculture to sign certificates of veterinary inspection. The test shall be made in accordance with the reasonable rules and regulations as the Secretary shall prescribe, and the result of the test shall be reported to the Secretary within five days following the time it is completed.
(b) If the testing discloses that the animal tested is free of the disease or condition tested for and the Secretary shall be satisfied that the testing was performed in accordance with the applicable rules, the Secretary shall issue to the owner a certificate evidencing the date and the result of the test as shown by the report of the veterinarian who conducted the test and the fact that the test has been performed in accordance with the laws of this State. The Secretary shall also include a certification as to the status of the licensing and accreditation of the veterinarian making the test.
(c) In cases covered by this section and section 1471 of this title, a veterinarian whose licensing and accreditation are certified to by the authority charged with the control of animal health matters in the State where the veterinarian resides may be certified by the Secretary as licensed and accredited, unless it shall affirmatively appear that the veterinarian is not licensed or accredited. Veterinarians conducting tests or examinations in Vermont must be licensed in Vermont or otherwise authorized to do so.
(d) Veterinary accreditation by U.S. Department of Agriculture and certification of accreditation shall only be necessary for animals exported out of Vermont when required by the state or country of destination. (Amended 1991, No. 153 (Adj. Sess.), § 9, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 104, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1474. Imports from quarantined herds, groups, or flocks

§ 1474. Imports from quarantined herds, groups, or flocks
No person shall import domestic animals into the State from any herd, flock, or group that is under quarantine in the state or place of origin due to the presence or suspected presence of an infectious or a contagious disease within the herd, flock, or group, except that such quarantined herds, flock, or groups may be moved directly to slaughter on permits issued by the Secretary. (Added 1981, No. 10, eff. March 27, 1981; amended 1991, No. 153 (Adj. Sess.), § 10, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1475. Rulemaking

§ 1475. Rulemaking
The Secretary may adopt rules to carry out the provisions of this chapter. (Added 1991, No. 153 (Adj. Sess.), § 11, eff. May 5, 1992; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1476. Misuse or removal of official identification devices

§ 1476. Misuse or removal of official identification devices
A person who, without authority from the Secretary, removes or causes to be removed from an animal any official identification device as defined in 9 C.F.R. § 86.1, or otherwise misuses or causes an official identification device to be misused, may be imprisoned for not more than one year or fined not more than $1,000.00, or both. (Added 2017, No. 30, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 107 - Movement of Livestock and Poultry › § 1477. Revocation of livestock dealer license

§ 1477. Revocation of livestock dealer license
The Secretary may revoke for a period of one year the license of a livestock dealer who has been convicted of a violation of the provisions of section 1476 of this chapter, and the license shall not be renewed prior to the expiration of one year from the date of conviction. (Added 2017, No. 30, § 4.)