reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 23 - Apples › § 234. Marks on containers

§ 234. Marks on containers
Every package, container, or receptacle of apples that is packed, sold, distributed, offered, or exposed for sale or distribution in the State by any person shall be plainly and conspicuously marked with the name and address of the packer or person by whose authority the apples were packed; the true name of the variety; the grade; the minimum size or count of apples contained in the package, container, or receptacle; and the name of the state where the apples were grown. Any person who states or marks the price in connection with selling, displaying, or advertising apples shall also at the same time and place and by the same method state or mark in a plainly conspicuous manner the true variety, grade, and size offered at that price. (Amended 2021, No. 105 (Adj. Sess.), § 53, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 23 - Apples › § 235. Exemptions as to markings

§ 235. Exemptions as to markings
On containers or display racks from which apples are sold in retail quantities, the variety, grade, and minimum size shall be clearly indicated, but the provision of section 234 of this title as to markings of name and address of the packer or person by whose authority the apples were packed and the state where grown shall not apply to apples in such containers or display racks. Nothing in this chapter shall be construed to prevent a grower from selling apples on his or her premises in bulk or in open packages without such marking.
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 23 - Apples › § 237. Notice of violation

§ 237. Notice of violation
When the Secretary becomes cognizant of a violation of a provision of this chapter, he or she may cause notice of such fact to be given to the person concerned and to the State’s Attorney of the county in which the offense was committed. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 23 - Apples › § 238. Rules

§ 238. Rules
The Secretary of Agriculture, Food and Markets shall make and publish uniform rules for carrying out the provisions of this chapter. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 23 - Apples › § 239. Penalty

§ 239. Penalty
Any person who violates any provision of this chapter shall be fined not more than $25.00 nor less than $10.00 for the first offense and not more than $50.00 nor less than $10.00 for each subsequent offense. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not more than $50.00 nor less than $10.00. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 5, eff. April 9, 1974; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 24 - Agricultural Marketing Rules › § 250. Legislative declaration

§ 250. Legislative declaration
It is hereby declared that the inability of individual producers to develop new and larger markets for agricultural commodities results in an unreasonable and unnecessary economic waste of the agricultural wealth of this State. These conditions and the accompanying waste jeopardize the future continued production of adequate food supplies for the people of this and other states. These conditions vitally concern the health, safety, and general welfare of the people in this State. It is therefore declared the legislative purpose and the policy of this State:
(1) to enable agricultural producers of this State, with the aid of the State, to more effectively correlate the marketing of their agricultural commodities with market demands;
(2) to establish orderly, efficient, and equitable marketing of agricultural commodities;
(3) to provide methods and means for the development of new and larger markets for agricultural commodities produced in Vermont;
(4) to eliminate or reduce the economic waste in the marketing of agricultural commodities; and
(5) to eliminate unjust impairment of the purchasing power of the agricultural producers of this State. (Added 1983, No. 250 (Adj. Sess.); amended 1993, No. 73, § 1, eff. June 10, 1993.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 24 - Agricultural Marketing Rules › § 253a. Vermont agricultural commodity marketing boards

§ 253a. Vermont agricultural commodity marketing boards
(a) The Secretary may at his or her initiative, or upon receipt of a petition from producers of a particular agricultural commodity, propose a marketing rule. Any petition shall be signed by at least 100 of the producers who would be affected by the rule or at least 25 percent of all the producers of the commodity in question, whichever is less.
(b) After determining that a valid petition has been filed, the Secretary shall prepare and mail a proposed marketing rule. After an opportunity for a hearing, the Secretary shall conduct a referendum of the affected producers. The marketing rule shall be approved by at least 51 percent of the eligible producers who participate in the referendum before it may be adopted.
(c) Any marketing rule established under this section shall create a commodity marketing board to be appointed by the Secretary. This board shall be made up of persons nominated by producers of the affected agricultural commodity and a representative of the Secretary. The rule shall establish the number of members of the commodity marketing board, not to exceed seven, and shall provide for their terms of office. Commission members shall be reimbursed in the same manner as members of the board.
(d) Any marketing rule established under this section may contain all the same terms and conditions as a rule established under section 253 of this title. Any commodity marketing board established under this section shall have all the same powers and duties as the Apple Marketing Board, with respect to the affected commodity.
(e) Once a marketing rule has been established, it can be amended or terminated at any time by the applicable commodity marketing board after approval by 51 percent of the voting eligible producers. In addition, 25 percent or more of the eligible producers may petition to have a marketing rule amended or terminated after approval of not less than 51 percent of producers participating in a referendum vote. (Added 1993, No. 73, § 1, eff. June 10, 1993; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 54, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 24 - Agricultural Marketing Rules › § 255. Eligibility of producers; conduct of referendum

§ 255. Eligibility of producers; conduct of referendum
(a) Only persons who verify pursuant to this section that they are producers shall be eligible to vote in a referendum. The Secretary shall prepare a list of all persons believed to be producers. At least 28 days prior to the referendum, he or she shall mail to each person on the list a notice of the referendum and a statement on which each person may verify that he or she is a producer within the meaning of this chapter. The Secretary shall also cause to be published the notice and verification statement in two newspapers of general circulation throughout the State on the same day for two successive weeks, the last date of publication to be at least 28 days prior to the date of the referendum. The notice shall also state that no producer shall be eligible to vote unless he or she returns the verification statement to the Secretary postmarked at least 10 days prior to the date of the referendum. A referendum shall not be considered invalid because a producer is unknown to the Secretary or does not receive notification.
(b) Upon receipt of signed verifications, the Secretary shall mail ballots to all producers who have verified their eligibility to vote. Those producers shall mark their ballots and return them to the Secretary either by hand not later than 10 days after the referendum date or by mail postmarked not later than 10 days after the referendum date.
(c) The Secretary shall count the ballots and release the results to the public.
(d) The results of any referendum shall bind all producers regardless of whether they voted, or were eligible to vote, in the referendum. The results shall also bind persons who become producers thereafter.
(e) Prior to the issuance, amendment, or termination of any marketing rule, the Secretary may require the applicant to deposit with the Agency an amount determined by the Secretary to defray the expense of conducting the referendum. The funds shall be managed as provided by section 256 of this title. If the proposed market rule action is approved in a referendum, the Secretary shall return any unexpended monies collected to the applicant. (Added 1985, No. 41, § 3, eff. May 11, 1985; amended 1993, No. 73, § 1, eff. June 10, 1993; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 55, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 24 - Agricultural Marketing Rules › § 256. Marketing Rule Fund

§ 256. Marketing Rule Fund
(a) A special administrative fund, to be known as the Marketing Rule Fund, is created for the purpose of holding monies collected by the Secretary under this chapter. The fund shall be organized and managed in accordance with 32 V.S.A. chapter 7, subchapter 5 (special funds). Notwithstanding 32 V.S.A. § 588(3), interest earned by the Fund shall be credited to and retained by the Fund and annually carried forward as part of the Fund balance.
(b) Any monies remaining in the Fund at the close of a marketing season may, at the discretion of the applicable board, be refunded on a pro rata basis to all producers from whom the money was collected.
(c) Upon the termination of any marketing rule, the Secretary shall refund on a pro rata basis to all applicable producers any monies remaining and not required to defray the cost of operating the marketing rule, except when the cost of administering the refund would exceed the monies available. (Added 1993, No. 73, § 1, eff. June 10, 1993; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 322. Enforcing official

§ 322. Enforcing official
This chapter shall be administered by the Secretary of Agriculture, Food and Markets or his or her designee, hereafter referred to as the “Secretary.” (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 326. Misbranding

§ 326. Misbranding
A commercial feed, feed supplement, or dosage form animal health product shall be deemed to be misbranded if:
(1) its labeling is false or misleading in any particular;
(2) it is distributed under the name of another commercial feed, feed supplement, or dosage form animal health product;
(3) it is not labeled as required in section 325 of this title;
(4) it purports to be or is represented as a commercial feed or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule of the Commissioner; or
(5) information required to appear on the label in a conspicuous manner cannot be easily identified or understood under customary conditions of purchase and use. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2021, No. 41, § 9.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 327. Adulteration

§ 327. Adulteration
(a) A commercial feed including whole seeds shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance that may render it injurious to human or animal health, but in case the substance is not an added substance, the commercial feed shall not be considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health.
(b) Any other commercial feed, feed supplement, or dosage form animal health product shall be deemed to be adulterated if:
(1) any valuable constituent has been in whole or in part omitted or abstracted from the commercial feed, feed supplement, or dosage form animal health product or any less valuable substance substituted for a more valuable constituent;
(2) its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
(3) use of the product may result in contamination of a raw agricultural product;
(4) it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice and rules adopted by the Secretary to ensure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it purports or is represented to possess; or
(5) it contains viable weed seeds in amounts exceeding the limits that the Secretary shall establish by rule. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9; 2021, No. 105 (Adj. Sess.), § 56, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 329. Rules

§ 329. Rules
(a) The Secretary is authorized to adopt rules establishing procedures or standards, or both, for product registration, labeling, adulteration, reporting, inspection, sampling, guarantees, product analysis, or other conditions necessary for the implementation and enforcement of this chapter. Where appropriate, the rules shall be consistent with the model rules developed by the Association of American Feed Control Officials and regulations adopted by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.
(b) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, together with any regulation promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., relevant to the subject matter of this chapter, are hereby adopted as rules under this chapter, together with all subsequent amendments. The Secretary may, by rule, amend or repeal any rule adopted under this subsection.
(c) A person shall not manufacture or distribute raw milk as a commercial feed, feed supplement, or dosage form animal health product in the State for any species unless all of the following conditions are satisfied:
(1) the raw milk shall be decharacterized using a sufficient method to render it distinguishable from products packaged for human consumption;
(2) raw animal feed, feed supplements, dosage form animal health products, or pet food products shall be packaged in containers that are labeled “not for human consumption”;
(3) raw animal feed, feed supplements, dosage form animal health products, or pet food products shall not be stored or placed for retail sale with, or in the vicinity of, milk or milk products intended for human consumption; and
(4) notwithstanding any rule adopted under subsection (b) of this section to the contrary of the provisions of this subsection, the manufacture and distribution of raw animal feed, feed supplements, dosage form animal health products, or pet food products shall comply with the requirements of this chapter. (Added 1985, No. 126 (Adj. Sess.) § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 64, § 18; 2021, No. 41, § 9.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 330. Inspection; sampling; analysis

§ 330. Inspection; sampling; analysis
(a) For the purpose of enforcing this chapter and determining whether or not an operation may be subject to these provisions, the Secretary upon presenting appropriate credentials is authorized to engage in one or more of the following actions:
(1) to enter any premises during normal business hours where commercial feeds, feed supplements, or dosage form animal health products are manufactured, processed, packed, or held for distribution and to stop and enter any vehicle being used to transport or hold feeds;
(2) to inspect factories, warehouses, establishments, vehicles, equipment, finished and unfinished materials, containers, and labeling; or
(3) to sample commercial feed, feed ingredients, feed supplements, or dosage form animal health products.
(b) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods. The results of all analyses of official samples shall be forwarded by the Secretary to the correspondent named in the registration form and to the purchaser. When the inspection and analysis of an official sample indicates that a commercial feed, feed supplement, or dosage form animal health product has been adulterated or misbranded and upon request within 30 days following receipt of the analysis, the Secretary shall furnish to the registrant a portion of the sample concerned. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9; 2021, No. 105 (Adj. Sess.), § 57, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 331. Product deficiency; short weight

§ 331. Product deficiency; short weight
(a) No registrant may produce, package, distribute, or possess any commercial feed, feed supplement, or dosage form animal health product that is short weight or deficient in either guaranteed ingredients or guaranteed analysis. The Secretary by rule shall establish permitted analytical variances that shall be used to determine whether a commercial feed, feed supplement, or dosage form animal health product is deficient.
(b) The Secretary is authorized to assess administrative penalties for any product found to be short weight or deficient in guaranteed analysis. In assessing these penalties, the Secretary shall 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 registrant, and the overall history of prior violations. Administrative penalties shall be paid to the Secretary for deposit and use in the revolving account established by subsection 364(f) of this title. Penalties shall be assessed in the following manner:
(1) any registrant who is found to have violated this section for a particular product for the first time during any calendar year shall receive an administrative penalty of not more than $150.00;
(2) any registrant who is found to have violated this section with regard to the same product for the second time during the same calendar year shall receive an administrative penalty of not more than $300.00; and
(3) any registrant who is found to have violated this section with regard to the same product on three or more occasions during the same calendar year shall receive an administrative penalty of not more than $500.00.
(c) In assessing a penalty under this section, the Secretary shall issue a written notice of penalty to the registrant setting forth in a short and plain statement the alleged violation and the proposed fine. The notice shall state that the penalty will become final 14 days from the date the notice of penalty is issued unless the registrant requests a hearing before the Secretary.
(d) Any registrant aggrieved by a decision of the Secretary may appeal questions of law to a Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing an action in any District or Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 332. Detained commercial feeds, feed supplements, or dosage form animal health products

§ 332. Detained commercial feeds, feed supplements, or dosage form animal health products
(a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of commercial feed, feed supplement, or dosage form animal health product is being distributed in violation of any of the provisions of this chapter or any of the rules under this chapter, he or she may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed, feed supplement, or dosage form animal health product in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of commercial feed, feed supplement, or dosage animal health product withdrawn when this chapter and rules have been complied with. If compliance is not obtained within 30 days, the Secretary may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
(b) Condemnation and confiscation. Any lot of commercial feed, feed supplement, or dosage form animal health product not in compliance with this chapter and rules shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed, feed supplement, or dosage form animal health product to be in violation of this chapter and orders the condemnation of the commercial feed, feed supplement, or dosage form animal health product, it shall be disposed of in any manner consistent with the quality of the commercial feed, feed supplement, or dosage form animal health product and the laws of the State, provided that in no instance shall the disposition of the commercial feed, feed supplement, or dosage form animal health product be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed, feed supplement, or dosage form animal health product or for permission to process or relabel the commercial feed, feed supplement, or dosage form animal health product to bring it into compliance with this chapter. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 333. Penalties

§ 333. Penalties
(a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a criminal fine not to exceed $1,000.00. Each violation shall be a separate and distinct offense and in the case of a continuing violation each day’s continuance shall be deemed a separate and distinct offense.
(b) A State’s Attorney or the Attorney General to whom any violation is reported may cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(c) The Secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 15; 2021, No. 105 (Adj. Sess.), § 58, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 334. Cooperation with other entities

§ 334. Cooperation with other entities
The Secretary may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 26 - Commercial Feeds › § 336. Administrative penalty

§ 336. Administrative penalty
Consistent with chapter 1 of this title, the Secretary may assess an administrative penalty upon determining that a person has violated a rule issued under this chapter or has violated this chapter in the following manner:
(1) distributed a feed, feed supplement, or dosage form animal health product without first obtaining the appropriate product registration;
(2) distributed a commercial feed, feed supplement, or dosage form animal health product without appropriate labeling;
(3) violated a cease and desist order;
(4) failed to meet the product guarantee on the label or for the custom formula feed; or
(5) distributed a commercial feed, feed supplement, or dosage form animal health product that is adulterated as defined in section 327 of this chapter. (Added 1999, No. 49, § 106; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9; 2023, No. 6, § 37, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 27 - Eggs › § 351. Definitions; fresh eggs

§ 351. Definitions; fresh eggs
(a) For the purposes of this chapter, the following definitions shall be in effect:
(1) “Candling” means that process by that the apparent condition of the egg is determined by holding and twirling the egg before a bright light. Any type or make of candling light may be used that enables the grader to make consistently accurate determination of the quality of shell eggs.
(2) “Individual shell eggs” means those eggs that are a product of the domesticated chicken hen and that are in the shell.
(3) “Person” means any individual, firm, partnership, company, or corporation.
(4) “Shell protected eggs” means eggs that have a protective covering applied to the surface of the egg. Any product used to provide the protective covering shall conform to the regulations of the U.S. Food and Drug Administration.
(b) An egg shall be deemed to be “fresh” that meets the requirements of the United States or Vermont grade A as determined by the U.S. Department of Agriculture or the Secretary of Agriculture, Food and Markets pursuant to the provisions of chapter 21 of this title. The final determination as to eggs meeting these requirements shall be made by candling. (Amended 1973, No. 149 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 27 - Eggs › § 352. Prohibition

§ 352. Prohibition
A person shall not:
(1) sell, expose, offer for sale, or advertise for sale or exchange in Vermont as “fresh,” “strictly fresh,” “hennery,” “new laid,” “native,” “today’s,” “nearby,” “selected,” “guaranteed,” “new arrivals,” “A 1 candled,” or other words or descriptions of similar import any eggs that are not grade A or better;
(2) advertise or label eggs in a false or misleading manner;
(3) sell, offer for sale, deliver, or donate eggs that do not satisfy the requirements of this chapter or the rules adopted pursuant to it; or
(4) sell, offer for sale, deliver, or donate eggs that are adulterated within the meaning of 18 V.S.A. § 4059 or the rules adopted under 18 V.S.A. chapter 82. (Amended 1973, No. 149 (Adj. Sess.), § 2; 2023, No. 42, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 27 - Eggs › § 354. Marking of containers

§ 354. Marking of containers
Each container containing eggs being sold, exposed, offered, or advertised for sale or exchange in this State for human consumption must be plainly and conspicuously marked with the proper designation of the size and quality grades adopted by the Secretary of Agriculture, Food and Markets pursuant to the provisions of chapter 21 of this title. The container of each lot of eggs being sold by a dealer to a retailer must be plainly marked with the dealer’s identification and the date of shipment. The size marking requirements of this section shall not prevent a producer from selling eggs of mixed sizes to a dealer, provided that when selling mixed sized eggs, the producer plainly marks each lot “mixed sizes” or “nest run.” The size and grade marking requirements of this section shall not prevent any dealer from selling eggs, mixed as to size or quality, or both, to any other dealer, provided that the seller plainly marks each lot of mixed quality “ungraded” and each lot of mixed size “mixed sizes.” (Amended 1973, No. 149 (Adj. Sess.), § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 59, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 27 - Eggs › § 355. Enforcement; rules; inspectors

§ 355. Enforcement; rules; inspectors
The Secretary of Agriculture, Food and Markets shall enforce the provisions of this chapter and shall establish such rules and employ such inspectors as are deemed necessary and advisable. Such duly appointed inspectors shall have free access at all reasonable hours to any building or other place where it is reasonable to believe eggs are being sold, offered, or exposed for sale. (Amended 1973, No. 149 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 16; 2021, No. 105 (Adj. Sess.), § 60, eff. July 1, 2022; 2023, No. 42, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 27 - Eggs › § 356. Notice of violation

§ 356. Notice of violation
When the Secretary of Agriculture, Food and Markets determines that a person is violating this chapter or any rule adopted thereunder, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this section shall include:
(1) a description of the alleged violation;
(2) identification of this section;
(3) identification of the applicable violation; and
(4) the required corrective action that the person shall take to correct the violation. (Amended 1973, No. 149 (Adj. Sess.), § 6; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 42, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 27 - Eggs › § 357. Penalty

§ 357. Penalty
(a) Notwithstanding the requirements of section 356 of this title, the Secretary at any time may pursue one or more of the following:
(1) issue an appropriate order including a cease and desist or stop sale order to a person the Secretary believes to be in violation of this chapter or an underlying rule;
(2) order mandatory corrective actions;
(3) take any action authorized under chapter 1 of this title; or
(4) seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title.
(b) When the Secretary of Agriculture, Food and Markets issues an order to cease and desist, stop sale, or take other action, or a required corrective action, the Secretary shall provide the person subject to the order or corrective action a statement that the order or corrective action is effective upon receipt and the person has 15 days to request a hearing.
(c) If the Secretary of Agriculture, Food and Markets issues a verbal order under this section, the Secretary shall issue written notice to the person subject to the order within five business days following the issuance of the verbal order. The written notice shall include a statement that the person has 15 days from the date the written notice was received to request a hearing.
(d) If a person who receives a written order to cease and desist, stop sale, or take other action, or a written required corrective action, does not request a hearing in writing within 15 days after receipt of the written order or required corrective action, the person waives the right to a hearing. Upon receipt of a written request for a hearing, the Secretary shall promptly set a date and time for a hearing. A request for a hearing on an order issued under this section shall not stay the order.
(e) A person aggrieved by a final action or decision of the Secretary under this section may appeal de novo to the Civil Division of the Superior Court within 30 days of the Secretary’s final decision. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 149 (Adj. Sess.), § 7; 1973, No. 249 (Adj. Sess.), § 6, eff. April 9, 1974; 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 42, § 5, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 362. Enforcing official

§ 362. Enforcing official
This chapter shall be administered by the Secretary of Agriculture, Food and Markets or designee, hereafter referred to as the Secretary. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 364. Registration

§ 364. Registration
(a) Each brand or grade or formula of fertilizer, plant amendment, plant biostimulant, or soil amendment shall be registered in the name of the person whose name appears upon the label before being distributed in this State. The application for registration shall be submitted to the Secretary on a form furnished by the Agency of Agriculture, Food and Markets and shall be accompanied by a fee of $85.00 per grade or formulation registered. Upon approval by the Secretary, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(1) the brand and grade or formulation;
(2) the guaranteed analysis if applicable; and
(3) the name and address of the registrant.
(b) A distributor shall not be required to register any fertilizer, plant amendment, plant biostimulant, or soil amendment that is already registered under this chapter by another person, provided there is no change in the label for the fertilizer, plant amendment, plant biostimulant, or soil amendment.
(c) A distributor shall not be required to register each grade of fertilizer formulated or each formulation of soil amendment according to specifications that are furnished by a consumer prior to mixing but shall be required to label the fertilizer or soil amendment as provided in subsection 365(b) of this title.
(d) The Secretary may request additional proof of testing of products prior to registration for guaranteed analyses or adulterants.
(e) Each separately identified agricultural lime product shall be registered before being distributed in this State. Registration shall be performed in the same manner as fertilizer registration except that each application shall be accompanied by a fee of $50.00 per product.
(f) The registration and tonnage fees, along with any deficiency penalties collected pursuant to sections 331 and 372 of this title, shall be deposited in a special fund. Funds deposited in this fund shall be restricted to implementing and administering the provisions of this title and any other provisions of law relating to feeds and seeds. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1999, No. 49, § 107; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 72, § 20; 2013, No. 72, § 17; 2015, No. 149 (Adj. Sess.), § 4; 2021, No. 41, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 365. Labels

§ 365. Labels
(a)(1) Any fertilizer or agricultural lime distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(A) net weight;
(B) brand and grade, provided that grade shall not be required when no primary nutrients are claimed;
(C) guaranteed analysis; and
(D) name and address of the registrant.
(2) For bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.
(b) A fertilizer or lime formulated according to specifications furnished by a consumer prior to mixing shall be labeled to show the net weight, the guaranteed analysis or name, analysis and weight of each ingredient used in the mixture, and the name and address of the distributor and purchaser.
(c) If the Secretary finds that a requirement for expressing calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among states, he or she may require by rule that the minimum percent of calcium oxide and magnesium oxide or calcium carbonate and magnesium carbonate, or both, shall be expressed in the following terms:
Total Calcium (Ca) .........................................
percent
Total Magnesium (Mg) .........................................
percent
(d)(1) Any plant amendment, plant biostimulant, or soil amendment distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(A) net weight or volume;
(B) brand name;
(C) purpose of product;
(D) directions for application;
(E) guaranteed analysis; and
(F) name and address of the registrant.
(2) For bulk shipments of fertilizer, plant amendments, plant biostimulants, soil amendments, or lime, the information required under this subsection shall accompany delivery in written or printed form and shall be supplied to the purchaser at the time of delivery.
(3) Under a rule adopted under this subsection, an affected person shall be given a reasonable time to come into compliance. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 18; 2021, No. 41, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 366. Tonnage fees

§ 366. Tonnage fees
(a) A person distributing fertilizer to a nonregistrant consumer in the State annually shall pay the following fees to the Secretary:
(1) a $150.00 minimum tonnage fee;
(2) $0.50 per ton of agricultural fertilizer distributed; and
(3) $30.00 per ton of nonagricultural fertilizer distributed.
(b) Persons distributing fertilizer shall report annually on or before January 15 for the previous year ending December 31 to the Secretary revealing the amounts of each grade of fertilizer and the form in which the fertilizer was distributed within this State. Each report shall be accompanied with payment and written permission allowing the Secretary to examine the person’s books for the purpose of verifying tonnage reports.
(c) No information concerning tonnage sales furnished to the Secretary under this section shall be disclosed in such a way as to divulge the details of the business operation to any person unless it is necessary for the enforcement of the provisions of this chapter.
(d) Persons distributing a plant amendment, plant biostimulant, or soil amendment in the State shall report annually on or before January 15 for the previous year ending December 31 to the Secretary revealing the amounts of each formulation of plant amendment, plant biostimulant, or soil amendment and the form in which the plant amendment, plant biostimulant, or soil amendment was distributed within this State. Each report shall include a written authorization allowing the Secretary to examine the person’s books for the purpose of verifying tonnage reports. Plant amendments, plant biostimulants, and soil amendments are exempt from tonnage fees.
(e) Agricultural limes, including agricultural lime mixed with wood ash, are exempt from the tonnage fees required in this section.
(f) Lime and wood ash mixtures may be registered as agricultural liming materials and guaranteed for potassium or potash, provided that the wood ash totals less than 50 percent of the mixture.
(g)(1) All fees collected under subdivisions (a)(1) and (2) of this section shall be deposited in the special fund created by subsection 364(f) of this title and used in accordance with its provisions.
(2) All fees collected under subdivision (a)(3) of this section shall be deposited in the Agricultural Water Quality Special Fund created under section 4803 of this title.
(h) [Repealed.] (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1999, No. 49, § 108; 2001, No. 143 (Adj. Sess.), § 36a, eff. June 21, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 64, § 10; 2015, No. 149 (Adj. Sess.), § 5, eff. Jan. 1, 2016; 2021, No. 41, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 367. Inspection; sampling; analysis

§ 367. Inspection; sampling; analysis
For the purpose of enforcing this chapter and determining whether or not fertilizers, plant amendments, plant biostimulants, soil amendments, and lime distributed in this State endanger the health and safety of Vermont citizens, the Secretary upon presenting appropriate credentials is authorized:
(1) To enter any public or private premises except domiciles during regular business hours and stop and enter any vehicle being used to transport or hold fertilizer, a plant amendment, a plant biostimulant, a soil amendment, or lime.
(2) To inspect blending plants, warehouses, establishments, vehicles, equipment, finished or unfinished materials, containers, labeling, and records relating to distribution, storage, or use.
(3) To sample and analyze any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime. The methods of sampling and analysis shall be those adopted by the Association of Official Analytical Chemists. In cases not covered by this method or in cases where methods are available in which improved applicability has been demonstrated, the Secretary may authorize and adopt methods that reflect sound analytical procedures.
(4) To develop any reasonable means necessary to monitor and adopt rules for the use of fertilizers, plant amendments, plant biostimulants, soil amendments, and lime on Vermont soils where monitoring indicates environmental or health problems. In addition, the Secretary may develop and adopt rules for the proper storage of fertilizers, plant amendments, plant biostimulants, soil amendments, and lime held for distribution or sale. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 23, § 71; 2021, No. 41, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 368. Misbranding

§ 368. Misbranding
(a) No person shall distribute a misbranded fertilizer, plant amendment, plant biostimulant, soil amendment, or agricultural lime. A fertilizer, plant amendment, plant biostimulant, or soil amendment shall be deemed to be misbranded if the Secretary determines one or more of the following:
(1) The labeling is false or misleading in any particular.
(2) It is distributed under the name of another fertilizer product, plant amendment, plant biostimulant, or soil amendment.
(3) It contains unsubstantiated claims.
(4) It is not labeled as required in section 365 of this title and in accordance with rules adopted under this chapter.
(5) It is labeled, or represented, to contain a plant nutrient that does not conform to the standard of identity established by rule. In adopting rules under this chapter, the Secretary shall give consideration to definitions recommended by the Association of American Plant Food Control Officials.
(b) An agricultural lime shall be deemed to be misbranded if:
(1) its labeling is false or misleading in any particular; or
(2) it is not labeled as required by section 365 of this title and in accordance with rules adopted under this chapter. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10; 2021, No. 105 (Adj. Sess.), § 61, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 369. Adulteration

§ 369. Adulteration
No person shall distribute an adulterated lime, plant amendment, plant biostimulant, soil amendment, or fertilizer product. A fertilizer, plant amendment, plant biostimulant, soil amendment, or lime shall be deemed to be adulterated if:
(1) it contains any deleterious or harmful ingredient in an amount sufficient to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if uses of the product may result in contamination or condemnation of a raw agricultural commodity by use, or if adequate warning statements or directions for use that may be necessary to protect plant life are not shown on the label;
(2) its composition falls below or differs from that which it is purported to possess by its labeling;
(3) it contains crop seed or weed seed; or
(4) it contains heavy metals, radioactive substances, or synthetic organics in amounts sufficient to render it injurious to livestock or human health when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect livestock or human health are not shown on the label. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2001, No. 39, § 1; 2021, No. 41, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer, plant amendments, plant biostimulants, and soil amendments

§ 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer, plant amendments, plant biostimulants, and soil amendments
(a) The Secretary shall publish on an annual basis:
(1) information concerning the distribution of fertilizers, plant amendments, plant biostimulants, soil amendments, and limes; and
(2) results of analyses based on official samples of fertilizers, plant amendments, plant biostimulants, soil amendments, and lime distributed within the State as compared with guaranteed analyses required pursuant to the terms of this chapter.
(b)(1) The Secretary, in consultation with the University of Vermont Extension, fertilizer industry representatives, lake groups, and other interested or affected parties, shall produce information for distribution to the general public with respect to the following:
(A) problems faced by the waters of the State because of discharges of phosphorus;
(B) an explanation of the extent to which phosphorus exists naturally in the soil;
(C) voluntary best management practices for the use of fertilizers containing phosphorus on nonagricultural turf; and
(D) best management practices for residential sources of phosphorus.
(2) The Secretary shall develop the information required under this subsection and make it available to the general public in the manner deemed most effective, which may include:
(A) conspicuous posting at the point of retail sale of fertilizer containing phosphorus, according to recommendations for how that conspicuous posting may best take place;
(B) public service announcements by means of electronic media; or
(C) other methods deemed by the Secretary to be likely to be effective.
(3) [Repealed.] (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 215 (Adj. Sess.), § 77d; 2021, No. 41, § 10; 2021, No. 105 (Adj. Sess.), § 62, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 371. Rules

§ 371. Rules
The Secretary is authorized to adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement the intent of this chapter and to enforce those rules. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)