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2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3023a. Vermont beekeeper educational program

§ 3023a. Vermont beekeeper educational program
(a) The Secretary, in cooperation with the Vermont Beekeepers Association, shall establish a voluntary educational program to train a person who owns bees, apiaries, colonies, or hives in the State. The educational program shall address:
(1) bee health;
(2) varroa mite identification and control;
(3) identification of common diseases or pests;
(4) proper maintenance of hives;
(5) State laws regarding beekeeping and pesticide application; and
(6) continued education opportunities.
(b) The Secretary shall award a certificate to a person who completes the Vermont beekeeper training program under subsection (a) of this section. (Added 2019, No. 35, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3024. Apiary inspection; owners to control or eradicate bee diseases

§ 3024. Apiary inspection; owners to control or eradicate bee diseases
The Secretary or the Secretary’s inspectors may examine all apiaries as necessary and ascertain whether any disease that is injurious to bees is present. If any such disease is found, the Secretary shall give the owners or caretakers of the diseased apiaries written orders to treat, destroy, or otherwise handle the colonies in order to prevent the spread or dissemination of the disease. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 73, § 7, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3025. Second inspection of diseased colonies; destruction

§ 3025. Second inspection of diseased colonies; destruction
The Secretary or the Secretary’s inspectors shall inspect all diseased apiaries a second time not less than 10 days after the first inspection. If the existence of disease within the apiary has been confirmed by a laboratory approved by the Secretary, the inspector may destroy any colonies of bees if the inspector finds them not cured of such disease, or not treated or handled according to the inspector’s instructions, together with honey combs, hives, or other equipment, without recompense to the owner thereof. This section shall not preclude an inspector from destroying diseased colonies at any time with the consent of the owner or the owner’s agent. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 129 (Adj. Sess.), § 6; 2023, No. 6, § 59, eff. July 1, 2023; 2023, No. 73, § 8, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3026. Sale or other unauthorized disposition of diseased bees

§ 3026. Sale or other unauthorized disposition of diseased bees
The owner of any apiary in which a disease exists shall not knowingly sell, barter, give away, or move any diseased bees, colonies, honey, hives, combs, or equipment without the written consent of the Secretary; such person shall not in any way expose other bees to the danger of the disease. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 73, § 9, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3027. Abandoned apiaries and equipment

§ 3027. Abandoned apiaries and equipment
Any diseased hive or hives found by the Secretary or the Secretary’s inspector in an abandoned apiary shall be destroyed. Any abandoned diseased beekeeping equipment may be destroyed. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 73, § 10, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3028. Traffic in bees; inspection; certification

§ 3028. Traffic in bees; inspection; certification
A person engaged in the rearing of bees for sale shall have the person’s apiary inspected by the Secretary within 45 days prior to any sale and, if any disease is found that is injurious to bees, shall at once cease to ship bees from such diseased apiary until the Secretary declares, in writing, such apiary free from all such diseases, and whenever the Secretary shall find the apiary rearing bees for sale free from disease, the Secretary shall furnish the owner with a certificate to that effect. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 129 (Adj. Sess.), § 7; 2023, No. 73, § 11, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3029. Movable comb frames required

§ 3029. Movable comb frames required
(a) All hives shall be constructed with frames containing the honeycombs and brood combs that may be removed from the hive for purposes of inspection. Upon determination that any hive containing bees is not constructed with removable frames, the Secretary or the Secretary’s inspector may:
(1) order the owner to immediately transfer the bees to a hive with removable frames; or
(2) grant the owner an extension for a specific period of time after which the owner must transfer the bees to a hive with removable frames.
(b) The Secretary may, by rule, create a permit program to allow persons to operate hives without removable frames for exhibition purposes. The owner of such a hive will not be in violation of this section provided that the owner holds a valid permit and is in compliance with all applicable rules that the Secretary may adopt.
(c) Upon determination that an owner has violated the terms of this section or any rule adopted pursuant to this section, the Secretary may destroy the hive or hives. Any determination of a violation shall be appealable to the Secretary, who shall provide the owner a hearing within 10 days after the determination of the violation, during which the order to destroy shall be stayed. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 23, § 77; 2023, No. 6, § 60, eff. July 1, 2023; 2023, No. 73, § 12, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3030. Rules

§ 3030. Rules
The Secretary may adopt and enforce rules to implement the requirements of this chapter, including rules regarding:
(1) inspection, disinfection, seizure, destruction, or other disposition of bees, equipment, or bee products capable of carrying or transmitting any disease;
(2) importation of bees, equipment, or bee products capable of carrying or transmitting any disease; or
(3) registration and reporting by persons owning bees, an apiary, a colony, or a hive. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 23, § 78; 2019, No. 35, § 6.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3031. Right of entry; impeding prohibited

§ 3031. Right of entry; impeding prohibited
The Secretary or the Secretary’s inspector may enter at a reasonable hour public or private premises, except private dwellings, for the purpose of enforcing the provisions of this chapter and shall have access, ingress, and egress to any apiary or place where the inspector has reason to believe bees or equipment are kept. Any person who restricts, impedes, gives false information, or hinders in any way the Secretary or the Secretary’s inspectors in the discharge of the inspector’s duties shall be subject to the penalties provided for in section 3035 of this title. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 73, § 13, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3032. Transportation of bees or used equipment into the State

§ 3032. Transportation of bees or used equipment into the State
(a) Except as provided under subsection (c) of this section, bees, used equipment, or colonies shall not be brought into the State of Vermont unless approved by the Secretary by permit. The Secretary shall not approve the import of bees, used equipment, or colonies from out of state unless accompanied by a valid certificate of inspection within the previous 45 days from the state or country of origin stating that the bees, used equipment, or bee colonies are free from bee disease.
(b) Any person, other than a common carrier, who knowingly transports or causes to be transported used equipment or colonies to a point within this State shall provide the Secretary with an approved import permit and certificate of inspection not less than 10 days prior to entry into this State.
(c) This section shall not apply to a shipment of bees, equipment, or colonies that originated outside the State and is destined for another point that is also located outside this State.
(d) [Repealed.] (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 35, § 5; 2019, No. 129 (Adj. Sess.), § 8; 2023, No. 73, § 14, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3033. Shipping bees or equipment into another state or country; application for inspection; expenses; certificate

§ 3033. Shipping bees or equipment into another state or country; application for inspection; expenses; certificate
(a) If an owner wishes to ship bees or equipment into another state or country, the owner may apply to the Secretary for an inspection for bee diseases likely to prevent the acceptance of the bees or beekeeping equipment in the state or country.
(b) Upon receipt of the application, or as soon thereafter as may be conveniently practicable, the Secretary shall comply with the request. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 129 (Adj. Sess.), § 9; 2023, No. 73, § 15, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3034. Establishing an apiary location

§ 3034. Establishing an apiary location
No person shall locate an apiary within two miles of an existing apiary registered to a different person, with the following exceptions:
(1) A person may locate an apiary anywhere on the person’s own property.
(2) Beekeepers with a total ownership of 10 colonies or fewer shall be exempt from this restriction.
(3) Existing apiaries, provided that they are properly registered with the State, are exempt.
(4) A person may locate an apiary within two miles of another existing apiary, provided the owner of the existing apiary gives written permission or the existing apiary has fewer than 15 colonies.
(5) If a registered apiary of 15 or more colonies should fall below and remain below 15 colonies, anyone can petition the State and establish an apiary within two miles of the existing apiary, provided the number of colonies in the existing apiary stays below 15 for two years from the time of the petition. An apiary that loses the protection of the two-mile limit in this manner cannot be built back above the number of colonies it had at the end of the two-year period. (Added 1983, No. 83, § 1; amended 2019, No. 129 (Adj. Sess.), § 10; 2023, No. 6, § 61, eff. July 1, 2023; 2023, No. 73, § 16, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3036. Monitoring of pollinator health

§ 3036. Monitoring of pollinator health
The Secretary of Agriculture, Food and Markets shall monitor managed pollinator health to establish pollinator health benchmarks for Vermont, including:
(1) presence of pesticides in hives;
(2) mite pressure;
(3) disease pressure;
(4) mite control methods;
(5) genetic influence on survival;
(6) winter survival rate; and
(7) forage availability. (Added 2021, No. 145 (Adj. Sess.), § 3, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 201 - Humane Slaughter of Livestock › § 3131. Definitions

§ 3131. Definitions
As used in this chapter:
(1) “Secretary” means the Secretary of Agriculture, Food and Markets.
(2) “Slaughterer” means any person regularly engaged in the commercial slaughtering of livestock.
(3) “Livestock” means cattle, calves, sheep, swine, horses, mules, goats, fallow deer, American bison, and any other animal that can or may be used in and for the preparation of meat or meat products.
(4) “Packer” means any person engaged in the business of slaughtering, manufacturing, or preparing meat or meat products for sale.
(5) “Stockyard” means any place, establishment, or facility conducted or operated for compensation or profit as a public market, consisting of pens, or other enclosures, and their appurtenances, for the handling, keeping, and holding of livestock for sale or shipment.
(6) “Humane method” means either:
(A) a method by which the animal is rendered insensible to pain by mechanical, electrical, chemical, or other means that is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or
(B) a method in accordance with ritual requirements of the Jewish faith or any other religious faith under which the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument. (Added 1967, No. 297 (Adj. Sess.), § 1, eff. March 20, 1968; amended 1987, No. 276 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 131, eff. July 1, 2022; 2023, No. 6, § 62, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 201 - Humane Slaughter of Livestock › § 3132. Prohibition

§ 3132. Prohibition
No slaughterer, packer, or stockyard operator may bleed or slaughter livestock except by a humane method. The use of a manually operated hammer, sledge, poleax, or similar instrument is not a humane method within the meaning of this chapter. (Added 1967, No. 297 (Adj. Sess.), § 2, eff. March 20, 1968.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 201 - Humane Slaughter of Livestock › § 3133. Administration; rules

§ 3133. Administration; rules
The Secretary shall administer this chapter and shall adopt and from time to time revise rules to affect its purpose. The rules shall conform substantially with those promulgated by the Secretary of Agriculture of the United States under the federal Humane Slaughter Act of 1958, Pub. L. No. 85-765, 72 Stat. 862, as from time to time amended, but may be modified to meet local conditions. (Added 1967, No. 297 (Adj. Sess.), § 3, eff. March 20, 1968, amended 2003, No. 42, § 2, eff. May 27, 2003; amended 2021, No. 105 (Adj. Sess.), § 132, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 201 - Humane Slaughter of Livestock › § 3134. Penalty

§ 3134. Penalty
A person who violates section 3132 of this title shall be guilty of a misdemeanor and shall be fined upon conviction not more than $1,000.00 for the first violation, not more than $5,000.00 for the second violation, and not more than $10,000.00 per violation for the third and any subsequent violations, or imprisoned not more than two years, or both. In addition to the penalties provided in this section, the Secretary may seek an injunction against a slaughterer, packer, or stockyard operator who engages in practices that are prohibited by section 3132 of this title, by application to the Superior Court for the county in which such slaughterer, packer, or stockyard operator resides, or where such violations occur. The Secretary may refer a violation of section 3132 of this title to the Attorney General or the State’s Attorney for criminal prosecution. The Secretary may also take any action authorized under chapter 1 of this title. (Added 1967, No. 297 (Adj. Sess.), § 5, eff. March 20, 1968; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 158 (Adj. Sess.), § 9, eff. June 3, 2010.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3301. Legislative findings

§ 3301. Legislative findings
Meat, meat food products, poultry, and poultry products are an important source of the State’s total supply of food. They are consumed throughout the State. It is essential to the public interest that the health and welfare of consumers be protected by ensuring that these commodities are wholesome, unadulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat, meat food products, and poultry products impair the effective regulation of intrastate commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged meat, meat food product, and poultry product, as well as cause injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, unadulterated, correctly labeled, or nondeceptively packaged articles, to the detriment of consumers and the public generally. It is hereby found that the regulation, enforcement, licensing, and other provisions contained within this chapter are necessary to protect the health and welfare of consumers. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3303. Purposes

§ 3303. Purposes
It is the objective of this chapter to provide for meat and poultry products inspection programs that will impose and enforce requirements with respect to intrastate operations and commerce that are at least equal to those imposed and enforced under the Federal Meat Inspection Act and the federal Poultry Products Inspection Act with respect to operations and transactions in interstate commerce. In addition, it is the further objective of this chapter to provide for licensing, and periodic review of establishments, such as retail vendors, custom licensed establishments, and wholesale distributors, which are not subject to traditional inspection under the Federal Meat Inspection Act and the federal Poultry Products Inspection Act. In this way, the public will be better protected from uninspected, adulterated, unwholesome, mislabeled, or otherwise illegal meat and poultry products. The Secretary is directed to administer this chapter so as to accomplish these purposes. The Agency of Agriculture, Food and Markets is designated as the appropriate State agency to cooperate with the Secretary of Agriculture of the United States and to administer this chapter. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3307. Periodic review of noninspected licensed establishments

§ 3307. Periodic review of noninspected licensed establishments
(a) The Secretary may cause establishments that are required to be licensed under section 3306 of this title, but exempt from inspection under subdivision 3305(13) of this title, to be periodically reviewed by inspectors to ensure that the provisions of this chapter and the rules adopted pursuant to this chapter are complied with and that the public health, safety, and welfare is protected.
(b) Any periodic review shall include an examination of the licensed establishment’s sanitation practices; sanitation of the areas where meat and poultry products are prepared, stored, and displayed; the adequacy of any refrigeration system used for meat food products and poultry products; labeling; and meat food products, or poultry products for wholesomeness and adulteration. In addition, the inspector conducting the periodic review may conduct any other examination necessary to ensure compliance with this chapter and the rules adopted pursuant to this chapter.
(c) The inspector may issue a stop sale or use order for any violation of this chapter, or of the rules adopted pursuant to this chapter. Any person receiving a stop sale or use order shall immediately remove the meat, meat food product, or poultry product from sale, or shall immediately cease to use any equipment or area as directed by the order until the order is lifted. The inspector may lift a stop sale or use order once he or she has determined that the violation has been corrected. Any person receiving a stop sale or use order may appeal the decision to the Secretary within five days of receiving the order.
(d) After discovery of a violation of this chapter, or the rules adopted pursuant to this chapter, the Secretary may take any additional action against the licensed establishment that he or she deems appropriate, including instituting a proceeding under subsection 3306(e) of this title and causing a civil, equitable, or criminal court proceeding to be brought against the licensed establishment.
(e) The Secretary may adopt all rules necessary to implement and enforce the licensing and periodic review provisions of the chapter, which may include minimum standards for sanitation, refrigeration, labeling, wholesomeness, adulteration, and such other rules as the Secretary deems necessary. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 137, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3308. Prohibited acts in general

§ 3308. Prohibited acts in general
(a) No person shall, with respect to any livestock or poultry or any livestock products or poultry products:
(1) slaughter any livestock or poultry or prepare any products that are capable of use as human food, at any establishment preparing the products solely for intrastate commerce, except in compliance with the requirements of this chapter and the rules adopted pursuant to this chapter;
(2) sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any products that:
(A) are capable for use as human food; and
(B) are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation; or
(C) have not been inspected and passed unless they are exempt from inspection pursuant to rules adopted by the Secretary; or
(3) do, with respect to any of these products that are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation, which is intended to cause or has the effect of causing the products to be adulterated or misbranded.
(b) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head or viscera have not been removed in accordance with rules adopted by the Secretary except as may be authorized by rules.
(c) No person shall violate any provision of this chapter, the rules adopted pursuant to this chapter, the orders of the Secretary, or of his or her inspectors. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 183 (Adj. Sess.), § 7; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3309. Additional prohibited acts; official devices, marks, and certificates

§ 3309. Additional prohibited acts; official devices, marks, and certificates
(a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation, or any label bearing any mark or simulation, or any form of official certificate or simulation, except as authorized by the Secretary.
(b) No person shall:
(1) forge any official device, mark, or certificate;
(2) without authorization from the Secretary, use any official device, mark, or certificate, or simulation, or alter, detach, deface, or destroy any official device, mark, or certificate;
(3) contrary to the rules adopted by the Secretary, fail to use or to detach, deface, or destroy any official device, mark, or certificate;
(4) knowingly possess, without promptly notifying the Secretary or his or her representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label of any carcass of any animal, including poultry, or part or product of any animal, including poultry, bearing any counterfeit, simulated, forged, or improperly altered official mark;
(5) knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the rules prescribed by the Secretary; or
(6) knowingly represent that any product has been inspected and passed, or exempted under this chapter when it has not been inspected and passed, or exempted. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3310. Additional prohibited acts: labeling; denaturing; dealing in dead, dying, disabled, and diseased animals; licensing

§ 3310. Additional prohibited acts: labeling; denaturing; dealing in dead, dying, disabled, and diseased animals; licensing
(a) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of these carcasses, or the meat or meat food products of these carcasses, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules prescribed by the Secretary to show the kinds of animals from which they were derived.
(b) No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any livestock products or poultry products that are not intended for use as human food, unless they are denatured or otherwise identified as required by the rules of the Secretary or are naturally inedible by humans.
(c) No person engaged in the business of buying, selling, or transporting in intrastate commerce, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died other than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation in commerce, any dead, dying, disabled, or diseased livestock or poultry or the products of any of these animals that died other than by slaughter, unless the transaction or transportation is made in accordance with rules that the Secretary may prescribe to ensure that the animals, or the unwholesome parts or products, will be prevented from being used for human food purposes.
(d) No person shall engage in the business of buying, selling, preparing, processing, packing, storing, transporting, or otherwise handling meat, meat food products, or poultry products, unless that person holds a valid license issued in accordance with section 3306 of this title. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 138, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3311. Specific offenses; penalties

§ 3311. Specific offenses; penalties
(a) Any person that gives, pays, or offers, directly or indirectly, any money or other thing of value to any officer or employee of this State authorized to perform any duties prescribed by this chapter or rules adopted under this chapter, with intent to influence the officer or employee in the discharge of any duty, shall, upon conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than five years, or both. Any officer or employee of this State authorized to perform the duties prescribed by this chapter or rules adopted under this chapter, who accepts any money, gift, or other thing of value from any persons, given with intent to influence his or her official action, or who shall receive or accept from any person engaged in intrastate commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be subject to the penalties provided in 13 V.S.A. § 1102.
(b) Any person that forcibly assaults, resists, or intimidates any inspector, or other person, engaged in the performance of his or her official duties under this chapter or rules adopted under this chapter shall be subject to the penalties provided in 13 V.S.A. § 1023. Any person who impedes, interferes, or hinders any inspector, or other person, engaged in the performance of his or her official duties under this chapter or rules adopted under this chapter shall be subject to the penalties provided in 13 V.S.A. § 3001. Whoever in the commission of these acts uses a deadly or dangerous weapon, or who purposely or knowingly causes serious bodily injury to an inspector, or other person, engaged in the performance of his or her official duties under this chapter or rules adopted under this chapter shall be subject to the penalties provided in 13 V.S.A. chapter 53. Any person engaged in official duties under this chapter or rules adopted under this chapter shall be considered a law enforcement officer for purposes of determining a penalty under 13 V.S.A. chapter 53. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2021, No. 105 (Adj. Sess.), § 139, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3313. Inspection and seal

§ 3313. Inspection and seal
(a) No inspection of products placed in any container at any official establishment shall be deemed to be complete until the products are sealed or enclosed under the supervision of an inspector.
(b) For purposes of any inspection of products required by this chapter, inspectors shall have access at all times, by day or night, to any part of an establishment required to have inspection under this chapter, whether the establishment is operated or not.
(c) For purposes of any periodic review of any licensed establishment, inspectors shall have access during normal business hours to every part of a licensed establishment required to have inspection under this chapter, whether the establishment is operated or not. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3314. Detention

§ 3314. Detention
When any livestock product or poultry product or any product exempted from the definition of a livestock product and from the definition of a poultry product, or any dead, dying, disabled, or diseased livestock or poultry, is found by any authorized representative of the Secretary upon premises where it is held for purposes of, or during or after distribution in, intrastate commerce, or is otherwise subject to the chapter, and there is reason to believe that any product is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this chapter or of the Federal Meat Inspection Act or the federal Poultry Products Inspection Act or the Federal Food, Drug, and Cosmetic Act, or that the product or animal has been or is intended to be, distributed in violation of any of these provisions, it may be detained by a representative for a period not to exceed 30 days, pending action under section 3315 of this title or notification of any federal authorities having jurisdiction over the product or animal. The product or animal shall not be moved by any person from the place at which it is located when detained, until released by the representative. All official marks may be required by the representative to be removed from the product or animal before it is released unless it appears to the satisfaction of the Secretary or his or her designee that the product or animal is eligible to retain the marks. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3315. Forfeiture

§ 3315. Forfeiture
(a) Any livestock product or poultry product of any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce, or is otherwise subject to this chapter, or is held for sale in this State after transportation, and that:
(1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or the rules adopted under it; or
(2) is capable of use as human food and is adulterated or misbranded; or
(3) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a complaint in any Superior Court as provided in section 3316 of this title. If the product or animal is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of this State. The product or animal shall not be sold contrary to the provisions of this chapter, the Federal Meat Inspection Act, the federal Poultry Products Inspection Act, or the Federal Food, Drug, and Cosmetic Act. Upon the execution and delivery of a good and sufficient bond guaranteeing that the product or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the United States, the court may direct that the product or animal be delivered to the owner subject to the supervision by authorized representatives of the Secretary as is necessary to ensure compliance with the applicable laws. When a decree of condemnation is entered against the product or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses, shall be awarded against the person, if any, intervening as claimant of the product or animal.
(b) The provisions of this section shall in no way impair authority for condemnation or seizure conferred by other provisions of this chapter or other laws. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 140, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3316. Appeal and jurisdiction

§ 3316. Appeal and jurisdiction
(a) Any order issued under subdivision 3304(3) of this title; subdivision 3305(1), (2), or (3) of this title; subsection 3306(e) of this title; or a decision issued by the Secretary under subsection 3306(c) of this title shall be final unless appealed to a Superior Court within 15 days after service. An appeal of any other order or decision of the Secretary may be taken pursuant to 3 V.S.A. chapter 25. Review of any order and the determinations upon which it is based shall be upon the record in the administrative proceeding in which the order was issued.
(b) The Superior Court has legal and equitable jurisdiction to enforce, prevent, and restrain violations of this chapter and has legal and equitable jurisdiction in all other cases arising under this chapter. The Superior Courts are granted jurisdiction to handle criminal matters arising under this chapter and rules. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 154 (Adj. Sess.), § 59.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3317. Penalties; generally

§ 3317. Penalties; generally
(a) Any person who violates any provision of this chapter, or the rules adopted under this chapter, for which no other criminal penalty is provided by this chapter shall upon conviction be subject to imprisonment for not more than one year or a fine of not more than $1,000.00, or both. However, if the violation involves intent to defraud, or any distribution or attempted distribution of a product that is adulterated except as defined in subdivision 3302(1)(K) of this title, the person shall be subject to imprisonment for not more than three years or a fine of not more than $10,000.00, or both.
(b) Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings minor violations of this chapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.
(c) Any person who violates this chapter or any rule adopted by the Secretary under this chapter shall be liable for a civil penalty not to exceed $1,000.00 for each violation. A civil penalty may be imposed by the Washington Superior Court or by any other Superior Court. The Superior Court shall consider the size of the business of the person charged, the effect on the person’s ability to continue in business, and the gravity of the violation in assessing a civil penalty. Whenever the Secretary finds that the violation occurred despite the exercise of due care, he or she may issue a warning instead of seeking a penalty. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 141, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 204 - Preparation of Livestock and Poultry Products › § 3319. Skilled meat cutter training

§ 3319. Skilled meat cutter training
The Secretary shall issue a request for proposals to develop a curriculum and provide classroom and on-the-job training for the occupation of skilled meat cutter. (Added 2011, No. 52, § 41, eff. May 27, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4021. Definitions

§ 4021. Definitions
As used in this chapter:
(1) “Secretary” means the Secretary of Agriculture, Food and Markets or his or her designee.
(2) “Agency” means the Agency of Agriculture, Food and Markets.
(3) “Nursery” means all lands, premises, and buildings on or in which nursery stock is grown, transported, or offered for sale.
(4) “Nursery dealer” means any person who is in the business of selling, installing, or distributing nursery stock for commercial gain.
(5) “Nursery grower” means any person engaged in growing, propagating, or production of nursery stock for commercial gain.
(6) “Nursery license” means the license issued to nursery dealers or nursery growers under section 4024 of this title.
(7) “Nursery stock” means all woody or herbaceous shrubs, trees, plants, and vines, including bulbs and rhizomes as well as buds, grafts, scions, and other parts capable of propagation whether wild, cultivated, or grown under artificial covering. This definition does not include cut flowers or seeds.
(8) “Distribute” means the wholesale sale of nursery stock, the transfer of title or possession of nursery stock from one person to another for consideration for the purpose of resale at retail, or the transfer of nursery stock within a business entity for the purpose of retail sale. “Distribute” does not mean the retail sale or delivery of nursery stock by a retailer to a consumer.
(9) “Install” means the placing, fixing, or planting of nursery stock in the ground or soil. “Install” does not mean delivery of nursery stock to a purchaser or the placing of potted nursery stock within a structure or its curtilage of the purchaser. (Added 1985, No. 57, § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 1; 2023, No. 73, § 18, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4022. Secretary of Agriculture, Food and Markets as enforcing official

§ 4022. Secretary of Agriculture, Food and Markets as enforcing official
The Secretary shall enforce the provisions of this chapter and perform such duties as may be required by the federal plant pest quarantine statutes. The Secretary may employ such assistance as necessary for the proper performance of his or her duties. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4023. Nursery inspection; fees

§ 4023. Nursery inspection; fees
(a) The Secretary, as he or she deems necessary, may inspect nursery stock in the possession of a nursery grower or nursery dealer licensed under section 4024 of this title or any place within the State where nursery stock is grown, collected, stored, sold, offered for sale, or distributed. After the inspection of a licensed nursery grower or nursery dealer, the Secretary may issue an inspection certificate.
(b) The Secretary shall charge a fee for any inspection of a nursery grower or nursery dealer that is not licensed under section 4024 of this title. The Secretary shall charge a fee for an inspection of a nursery dealer or nursery grower licensed under section 4024 of this title, provided that the initial inspection of a licensed nursery grower or nursery dealer in any calendar year shall be at no cost. The amount of the inspection fee shall be the same fee as that charged for a nursery dealer’s license as required by section 4024 of this title. The Secretary shall not charge an inspection fee when responding to consumer complaints or for technical assistance under section 1036 of this title for the management of plant pests as that term is defined in section 1030 of this title. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4024. Nursery license

§ 4024. Nursery license
(a) No person shall operate as a nursery grower or nursery dealer in the State without first obtaining a nursery license from the Secretary. A nursery grower or nursery dealer shall apply annually for a nursery license on a form provided by the Secretary. The Secretary shall establish by rule the conditions for the issuance, suspension, or revocation of a nursery license, and may place any restrictions or requirements upon the license that the Secretary deems necessary.
(b) A nursery dealer licensed under this section shall pay the following fee for a license:
(1) $60.00, if the nursery owns or controls:
(A) a nursery of one-half acre or more;
(B) greenhouse space of 25,000 square feet or more; or
(C) retail space of 25,000 square feet or more; or
(2) $30.00 for all other nursery dealers.
(c) Any person soliciting orders for, offering for sale, or distributing nursery stock shall have in the person’s possession a copy of the nursery license required under subsection (a) of this section, which the person shall show upon demand to prospective buyers or the Secretary.
(d) A person selling $1,000.00 or less of nursery stock in a year shall be exempt from the requirement to obtain a license under this section. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 3; 2015, No. 149 (Adj. Sess.), § 20; 2023, No. 73, § 19, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4025. Shipments by nursery dealers to be accompanied by inspection certificates

§ 4025. Shipments by nursery dealers to be accompanied by inspection certificates
Whenever a nursery dealer or nursery grower licensed under this chapter ships or delivers any nursery stock grown within this State, he or she shall include with each shipment a copy of the inspection certificate issued by the Secretary, or an approved facsimile, stating that the nursery dealer or nursery grower is licensed and has been inspected and approved as required by this chapter and the nursery stock is believed to be free from injurious pests or plant diseases. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4026. Foreign nursery stock; certificate of inspection; transportation; penalty

§ 4026. Foreign nursery stock; certificate of inspection; transportation; penalty
Nursery stock transported into this State for sale, distribution, or installation shall be accompanied by a valid certificate of inspection, or a reasonable facsimile, or other certification accepted by the Secretary, from the state from which the consignment comes or from a U.S. government inspector, stating that the nursery stock is believed to be free of injurious pests or plant diseases. The certificate shall contain the name and mailing address of the consignor. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4027. Diseased or infested stock; stop-sale; destruction

§ 4027. Diseased or infested stock; stop-sale; destruction
(a) Only sound, healthy nursery stock that will maintain its vigor shall be offered for sale. Offering for sale stock that is diseased or infested with injurious pests is a violation of this chapter. Whenever the Secretary has reason to believe that any nursery, nursery grower, or nursery dealer in the State has produced, introduced, installed, sold, or offered for sale diseased or infested nursery stock, the Secretary shall inspect that nursery. If, upon inspection, the Secretary finds any diseased or infested stock, the Secretary may order the plants, either individually or in blocks, to be:
(1) put on stop-sale;
(2) treated in a particular manner; or
(3) destroyed according to the Secretary’s instructions.
(b) Plants ordered destroyed or placed on stop-sale must be clearly separable from noninfested stock. Any order to destroy or place plants on stop-sale may be made verbally and shall be issued in writing within seven days or as soon as practicable. The written order shall include the reason for action, a description of the nursery stock affected, instructions to separate and tag all nursery stock subject to the order, any recommended treatment, and a reference to the appeal rights set forth under subsection (c) of this section. Stop-sale tags may not be removed except by written permission of the Secretary or upon suitable disposal of the infested plants as determined by the Secretary.
(c) A person issued any order under subsection (a) of this section may appeal that order to the Secretary within 15 days after receiving the order. The person shall make an appeal by letter to the Secretary and shall state any grounds and designate the plants affected. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 5; 2023, No. 73, § 20, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 206 - Nursery Inspection › § 4028. Access to records; nursery stock

§ 4028. Access to records; nursery stock
A nursery dealer or nursery grower engaged in the sale, distribution, or installation of nursery stock shall:
(1) provide access for inspection by the Secretary of all nursery stock;
(2) follow appropriate practices so that an adequate inspection of the nursery can be made; and
(3) maintain for one year records of plant purchases, acquisitions, sales, or other distributions and make the records available upon request to the Secretary for inspection. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 6.)