reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2721. Handlers’ licenses

§ 2721. Handlers’ licenses
(a) The Secretary may classify and issue licenses to milk handlers to carry on dairy product handling businesses, including the purchase, distribution, or sale of milk or milk products, processing or manufacturing of milk or milk products, including the pasteurization of frozen dessert mixes, transport of milk and milk products, bargaining and collecting for the sale of milk and milk products, and dealing in or brokering milk or milk products.
(b) A milk handler shall not transact business in the State unless the milk handler secures and holds a handler’s license from the Secretary. The license shall terminate September 1 each year and shall be procured by August 15 of each year. The Secretary shall furnish all forms for applications, licenses, and bonds. At the time the application is delivered to the Secretary, the milk handler shall pay a license application fee of $50.00 for an initial application and a license fee based on the following table. For a renewal application, only the fee in the table applies. Out-of-state firms shall use the company’s highest total pounds of milk or dairy products bought, sold, packaged, assembled, transported, or processed per production day.
(c) Notwithstanding subsection (b) of this section, the license handling fees only for the transportation of bulk milk shall be capped at $750.00 per year. (Added 1965, No. 175, § 17; amended 1969, No. 73, § 3, eff. April 18, 1969; 1975, No. 220 (Adj. Sess.), § 12; 1977, No. 159 (Adj. Sess.), § 1, eff. May 28, 1978; 1987, No. 217 (Adj. Sess.), § 1; 1989, No. 257 (Adj. Sess.), § 11; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 33, § 7; 2011, No. 39, § 1, eff. May 19, 2011; 2015, No. 149 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2722a. Hearings and action upon applications

§ 2722a. Hearings and action upon applications
(a) Upon receipt of an application for a milk handler’s license the Secretary shall examine it. If the application is deficient the Secretary shall so notify the applicant and return the application together with one-half of the application fee within 30 days of the receipt of the application. If the application is not deficient, the Secretary shall publish notice of the application in one or more publications of general circulation within the State’s dairy community at the applicant’s expense. The Secretary shall also publish notice of the handler’s application on the Agency’s website. An interested party shall have 14 calendar days from the date of publication to request a hearing on the application. The Secretary shall grant a request for a hearing when an interested party can demonstrate a reasonable belief that the applicant will not promote the general good of the dairy industry and the consuming public pursuant to Vermont rule 20-021-001 adopted by the Agency of Agriculture, Food and Markets. Where such a showing is made, a hearing shall be held within 60 days of receipt of the request. In the absence of such a showing or where no request for a hearing is received, the Secretary may hold a hearing at his or her discretion.
(b) In the event a hearing is convened, the hearing shall be held in central Vermont unless requested by the applicant to be in the specific area where the applicant will be located. Additional hearings may be held at the discretion of the Secretary.
(c) In the case of a renewal application, a hearing in the discretion of the Secretary may be held at Montpelier, or, in the discretion of the Secretary, may be waived.
(d) The Secretary shall act upon applications within 30 days of the hearing, or if the hearing in the case of a renewal application has been waived, within 60 days of receipt of the renewal application. If the Secretary denies the license, he or she shall set forth his or her reasons.
(e) Any applicant whose application has been denied shall have the right to judicial review of the Secretary’s decision in the Superior Court. The proceeding before the Superior Court shall be de novo, and the applicant may demand trial by jury. Appeals from the Superior Court may be taken to the Vermont Supreme Court pursuant to the Vermont Rules of Appellate Procedure. (Added 1977, No. 159 (Adj. Sess.), § 3, eff. May 28, 1978; amended 1981, No. 237 (Adj. Sess.), eff. May 4, 1982; 1987, No. 217 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 3, eff. Jan. 1, 1998; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2723. Exemptions

§ 2723. Exemptions
Handlers’ licenses shall not be required from the following persons:
(1) a producer who only sells raw milk to milk handlers licensed to buy raw milk from Vermont farms;
(2) a hotel, restaurant, or other public eating place that sells dairy products for consumption on the premises, or a store that sells packaged dairy products, provided the entire supply of dairy products is purchased from licensed milk handlers;
(3) a person producing unpasteurized milk under chapter 152 of this title, with respect to the sale of that unpasteurized milk only; or
(4) a person who holds a frozen dessert license that only utilizes pasteurized frozen dessert mix. (Added 1965, No. 175, § 18; amended 2007, No. 101 (Adj. Sess.), § 1, eff. April 22, 2008; 2009, No. 62, § 3; 2011, No. 39, § 1, eff. May 19, 2011; 2013, No. 159 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2723a. Distributor’s licenses

§ 2723a. Distributor’s licenses
(a) It shall be unlawful for any person to distribute fluid dairy products without a license issued by the Secretary. The Secretary shall license all distributors at least annually and for a term of up to three years and shall issue and renew such licenses on any calendar cycle. Application for the license and renewal shall be made in the manner and form prescribed by the Secretary and shall be accompanied by a license fee of $20.00 per annum or any part thereof.
(b) No person shall be granted a license under this section unless the distributor first agrees to withhold the State tax on producers whose milk has been received by the distributor imposed under chapter 161 of this title.
(c) As used in this section, the term “distributor” has the same meaning as set forth in section 2672 of this chapter, which includes the retail distribution or sale of milk, except the sale of milk to be consumed on the premises.
(d) Any distributor who carries on a business without a license shall be subject to penalty under sections 2678 and 2679 of this title. (Added 2013, No. 83, § 8, eff. June 10, 2013.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2724. Technicians’ licenses

§ 2724. Technicians’ licenses
(a) Any person who performs any tests, or determines weight or volume of dairy products where such determinations are used as a basis of payment or acceptance, shall hold an appropriate license or licenses issued by the Secretary, which may be revoked for cause after giving the technician the opportunity to be heard. Out-of-state laboratories that are NCIMS listed are exempt from the licensing requirement. Before issuing a license, the Secretary shall determine that the applicant is qualified to perform the service stated in the license. Different licenses may be issued for different services. The applicant shall pay the Secretary $20.00 for each examination. The initial license fee is $30.00. Licenses shall expire on June 30. After July 1, 2011, licenses shall be renewed by July 1 of each year when due. Licenses shall be issued for a period of three years. Licenses are renewable upon payment of a fee of $30.00. Licenses issued from July 2 to December 31 of each year shall be considered as if issued on the preceding July 1 for expiration purposes. Licenses issued from January 1 to June 30 shall be considered as if issued on the following July 1. There shall be a $25.00 late fee for each license not renewed by its due date, and the license shall lapse after it is late for 30 days. The holder of a license that has been lapsed more than 60 days shall retake any examination needed for a new license. License renewals shall be submitted 30 days prior to the renewal date to allow for processing of the licenses. Licenses not processed within 30 days of receipt shall automatically receive an extension of their current license until it is processed.
(b) Any commercial enterprise that sells, installs, or repairs milking, milk cooling and storage, or dairy processing equipment shall register with the Secretary. The company shall apply for registration on a form made available by the Agency. The registration shall be valid for three years. Before registering a company, the Secretary shall determine that the company is qualified to sell, perform the installation, or repair milking and dairy processing equipment. The registration form shall be accompanied by a fee of $150.00. The Secretary may suspend or revoke registration for cause after giving the installer the opportunity to be heard. Registration shall terminate on December 31 of each year. Electricians or plumbers licensed pursuant to Title 26 doing only electrical or plumbing work within a farm or plant shall be exempt from this registration provided any work directly related to the processing of dairy products or milking of animals is performed under the supervision of a person that is registered. (Added 1965, No. 175, § 10; amended 1975, No. 220 (Adj. Sess.), § 13; 1989, No. 257 (Adj. Sess.), § 12; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 33, § 9; 2013, No. 159 (Adj. Sess.), § 8; 2015, No. 149 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2727. Municipal licenses

§ 2727. Municipal licenses
The existing power of a municipality under special charter provisions to regulate and grant licenses for the handling, selling, or supplying of dairy products within its territorial limits shall not be repealed nor affected by the provisions of this part, except that no local license shall be granted to any person who does not hold a license required of him or her under this part. The suspension or revocation of a license under this part automatically shall suspend or revoke, as the case may be, any local license then held by the same person. (Added 1965, No. 175, § 31.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2728. Manufacturing grade goat milk

§ 2728. Manufacturing grade goat milk
(a) “Manufacturing grade goat milk” is goat milk other than Grade A goat milk produced and distributed according to the Grade A Pasteurized Milk Ordinance.
(b) The maximum somatic cell count for manufacturing grade goat milk shall not exceed 1,500,000 per milliliter. (Added 2009, No. 48, § 10, eff. May 28, 2009.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2741. Milk plants

§ 2741. Milk plants
Before issuing a milk handler’s license and at least twice a year thereafter, the Secretary shall inspect or cause to be inspected all milk plants as to their premises, equipment, procedures, and sanitary conditions. The Secretary may enter into reciprocal agreements with or accept the inspection reports of appropriate dairy sanitation agencies of other states, municipalities, or the federal government in lieu of inspection by the Secretary, provided their standards and administration are substantially equal to the standards established by the Secretary under the provisions of this chapter. (Added 1965, No. 175, § 5; amended 1969, No. 73, § 4, eff. April 18, 1969; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2742. Dairy farms

§ 2742. Dairy farms
Before a dairy farm may sell or offer for sale milk to a handler, and at least once a year thereafter, the Secretary shall inspect or cause to be inspected all dairy farms as to their premises, equipment, dairy animals, procedures, and sanitation conditions. He or she may enter into reciprocal agreements with or accept the inspection reports of appropriate dairy sanitation agencies of other states, municipalities, or the federal government in lieu of inspection by the Secretary, provided their standards and administration are substantially equal to the standards established by the Secretary under the provisions of this part. All milk producers shall comply with all state-federal-cooperative livestock disease control or eradication programs. (Added 1965, No. 175, § 6; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 29.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2743. Dairy laboratories

§ 2743. Dairy laboratories
(a) The Secretary shall, at least annually, inspect or cause to be inspected all premises where dairy products are tested to determine the basis of payment or acceptance. Each handler shall notify the Secretary of the place in which tests of a producer’s dairy products are conducted. Such tests shall be performed only by licensed technicians. Approved dairy laboratories located outside Vermont are exempt from this inspection.
(b) The Secretary shall at least annually inspect all in-state dairy laboratories and those out-of-state dairy laboratories not approved by the National Conference on Interstate Milk Shipments, and if qualified, they shall be approved by the Secretary.
(c) In the event that an approved dairy laboratory in which tests are made does not comply with the provisions of this part or rules adopted under this part, the Secretary may forbid its use until subsequent inspection indicates compliance.
(d) In case the producer’s milk is transported from the farm to a milk plant in another state, the samples shall be tested in an approved dairy laboratory. (Added 1965, No. 175, § 11; amended 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011; 2021, No. 105 (Adj. Sess.), § 114, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2751. Unfair discrimination

§ 2751. Unfair discrimination
A handler doing business in this State and engaged in the business of buying dairy products for the purpose of manufacture or sale who, or whose agents, officers, or employees, shall begin or continue such methods or practices as to create a monopoly, or to restrain trade or to prevent or limit competition or to destroy the business of a competitor, or to destroy or affect adversely the operations of a producers’ cooperative bargaining or marketing association organized under the Vermont cooperative marketing act, 11 V.S.A. chapter 7, subchapter 2 or similar laws of another state and doing business in Vermont, shall discriminate between different sections, communities, localities, cities, or towns of this State by purchasing such commodity at a higher price or rate in one section, community, location, city, or town than is paid for the same commodity by such person, firm, handler, association, or corporation in another section, community, locality, city, or town after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase to the point of manufacture or sale, or who shall so discriminate between different persons in the same section, community, location, city, or town by purchasing such commodity at a lower price from one person than paid for the same commodity to another person after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase to the point of manufacture, or who shall so discriminate between different persons by refusing to purchase, within the limits of its actual requirements, such commodities from a person, or his or her agent, offering the same for sale, on the ground that such person has executed a marketing contract with a cooperative marketing association by the terms of which such cooperative marketing association has been designated the marketing agent of such person for such commodities, or who shall intimidate or attempt to intimidate members of such a producers’ cooperative bargaining association for the purpose of causing them to withdraw from such membership or who shall intimidate or attempt to intimidate producers of dairy products for the purpose of preventing them from joining such an association shall be deemed guilty of unfair discrimination. It shall not be necessary to prove intent in reference to the methods or practices prohibited in this section, nor shall this section be construed to prevent milk handlers from paying and milk producers who have installed farm bulk tanks from receiving such payments in addition to the payment for can milk as may be mutually agreed upon. (Added 1965, No. 175, § 37.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2752. Refusal to purchase; hearing; Secretary’s order

§ 2752. Refusal to purchase; hearing; Secretary’s order
(a) A handler doing business in this State who has a contract either verbal or written with a producer residing in this State for the purchase of the producer’s dairy products shall not refuse to purchase them from the producer except for violations of the sanitary rules or standards applicable to the market in which the dairy product is sold or marketed, without being deemed guilty of unfair discrimination. In the event that the refusal is to be based upon reasons of oversupply or other reasonable grounds, the refusal shall not become operative until the purchaser has given the producer at least 90 days’ notice of intention to refuse the producer’s product on these grounds, which shall be particularly set forth in writing so that the producer may be fully appraised of the refusal.
(b) If the producer desires to question the existence or validity of such grounds of refusal, he or she may do so within 90 days after receiving the notice or refusal by requesting the Secretary of Agriculture, Food and Markets for a hearing, and the Secretary is hereby given jurisdiction to hear and determine the question. The producer shall make complaints of such contemplated refusal in writing to the Secretary, setting forth the substance of the refusal notice and requesting to be heard thereon. The Secretary shall then notify both the producer and the purchaser in writing, sent to them by registered mail, of the time and place of hearing thereon. The time of the hearing shall not be less than 10 nor more than 30 days from the date of the notice. Hearing shall be informal. Both parties shall have an opportunity to produce evidence.
(c) The decision of the Secretary as to whether or not the grounds relied upon by the purchaser are reasonable in fact shall be final. Either party shall have the right to appeal any question of law to the Superior Court where the producer resides. If the Secretary, or the Superior Court on appeal, does not sustain the action of the purchaser, the purchaser shall be deemed guilty of unfair discrimination.
(d) If a request for a hearing is made by a purchaser, refusal of the purchaser shall not become operative until hearing and decision in the purchaser’s favor by the Secretary.
(e) A contract shall exist between the producer and the purchaser when the purchaser receives the producer’s dairy product regularly and pays the producer the going price for the product. (Added 1965, No. 175, § 38; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 116, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2760. Substantial State interest

§ 2760. Substantial State interest
(a) Role of state government. The Vermont General Assembly finds, as does the U.S. Food and Drug Administration, that the states under our federal system of government have traditionally undertaken the role of overseeing milk production. The Vermont General Assembly also finds that the intent of the U.S. Food and Drug Administration is to rely primarily on state governments to validate rbST labeling claims regarding milk and dairy products and to ensure that such claims are truthful and not misleading.
(b) State policy. It is the policy of this State:
(1) that Vermont citizens should have an opportunity to choose to consume milk or dairy products that have not had rbST used in their production (“rbST-free”), based on truthful and nonmisleading product labeling;
(2) that Vermont dairy product manufacturers who want to sell rbST-free products in Vermont or out of state should be able to do so, based on a State-sanctioned process for certifying rbST-free labeling claims;
(3) that the economic health and vitality of the Vermont dairy industry is critical to the health of the overall Vermont economy, which depends in part on the high reputation of Vermont farmers and their dairy products, and the associated goodwill toward other Vermont enterprises, and that this economic asset should not be jeopardized by consumer doubts about the integrity of Vermont milk or dairy products caused by false, misleading, or unverifiable rbST-free labeling claims; and
(4) to support the right of Vermont dairy farmers to choose to use rbST, and of rbST manufacturers and suppliers to sell their product to Vermont dairy farmers.
(c) Substantial State interest. Therefore, the Vermont General Assembly:
(1) finds a substantial State interest in ensuring the availability of milk and dairy product labeling information that is accurate and nonmisleading, and in which Vermont and out-of-state consumers can place their confidence; and
(2) seeks to serve this interest through this subchapter by:
(A) authorizing a program of voluntary labeling of milk and dairy products that have not had rbST used in their production; and
(B) providing for the verification of claims that rbST has not been used in the production of milk or dairy products offered for sale in Vermont; but
(C) without unduly intruding into the businesses of Vermont dairy farmers who choose to use rbST, or of rbST manufacturers or suppliers who choose to sell their product to Vermont dairy farmers. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2761. Definitions

§ 2761. Definitions
For the purpose of this subchapter:
(1) “Secretary” means the Secretary of Agriculture, Food and Markets.
(2) “Milk and dairy products” means cow’s milk as defined by section 2672 of this title, and butter, cheese, cream, buttermilk, powdered milk, infant formula, ice cream, yogurt, and other dairy products identified by rule by the Secretary.
(3) “Milk handler” or “handler” means the collector and transporter of milk and the processor or manufacturer of milk or dairy products for sale within or outside the State of Vermont, and as otherwise defined by section 2672 of this title.
(4) “Milk producer” or “producer” means the party who owns or controls one or more cows and offers for sale the milk produced by the cows, and as otherwise defined by section 2672 of this title.
(5) “rbST” means recombinant bovine somatotropin, a recombinant bovine growth hormone used with lactating dairy cows to increase the production of marketable milk, that is also known as rbGH.
(6) “rbST supplier” or “supplier” means any party, including a manufacturer, distributor, or other intermediary, who sells or freely distributes rbST. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2762. Producer affidavit; voluntary labeling

§ 2762. Producer affidavit; voluntary labeling
A milk handler may claim in the label on a container or package of milk, or of a dairy product offered for retail sale in Vermont, or in a written display at the point of sale of such milk or dairy product, that the milk or dairy product is derived from cows not treated with rbST, provided that:
(1) Producer affidavit. Each milk producer supplying the handler with milk to be so identified shall, by affidavit, notify the handler that milk sold to the handler is from cows that are not, and have not been within 90 days prior to the notification, treated with rbST, and swears that he or she will notify his or her handler at least 90 days before using rbST in the production of milk by such cows.
(2) Handler affidavit.
(A) The milk handler shall, by affidavit, notify the Secretary of the handler’s practices adopted to ensure that milk from cows not treated with rbST is kept separate from other milk throughout the collection, transportation, and processing steps until the finished milk or dairy product is in final packaged form in a labeled container and swears that the handler will notify the Secretary at least 90 days before ceasing use of such practices.
(B) A milk handler supplying another milk handler with milk to be identified shall, by affidavit, notify the receiving handler that milk sold to the handler is from producers in compliance with subdivision (1) of this section.
(3) Context statement. The label or point-of-sale display shall contain a clear and conspicuous statement such as, “the U.S. Food and Drug Administration has not found a significant difference to exist between milk derived from rbST-treated and non-rbST-treated cows”, or such other truthful and nonmisleading statement conveying reasons, other than safety and quality, for choosing to use milk or dairy products that have not had rbST used in their production.
(4) Advertisement; point-of-sale display. A handler whose affidavit claims:
(A) That all milk or dairy products marketed under a given brand name are derived from cows not treated with rbST, may state in an advertisement or in a point-of- sale display that the entire line of milk or dairy products with this brand name is derived from cows not treated with rbST.
(B) That some milk or dairy products marketed under a given brand name are derived from cows not treated with rbST, but makes no such claim regarding other milk or dairy products with this brand name, shall in any advertisement of rbST free milk or dairy product, or in a point-of-sale display, identify the specific milk or dairy product or products with this brand name derived from cows not treated with rbST. (Added 1997, No. 154 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 117, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2763. Secretary’s verification

§ 2763. Secretary’s verification
(a) The Secretary is authorized to conduct random inspections of dairy farm operations to determine whether evidence exists that rbST is or has been used in the production of milk, which may include inspection of a milking herd, historical milk production records, and medicine storage places. If an inspection finds evidence contradicting the claim of a producer made under section 2762 of this title, the Secretary shall immediately so notify the Attorney General and the handler concerned.
(b) The Secretary is authorized to investigate when he or she deems appropriate, and the Secretary shall at least annually review, the business operations of any milk handler who claims pursuant to this subchapter that rbST has not been used in the production of milk or dairy products offered for retail sale in Vermont, for the purpose of verifying such claims. An investigation or an annual review may be made, if the Secretary deems appropriate, of claims of non-rbST use in the production in other states or countries of milk or dairy products offered for retail sale in Vermont, pursuant to section 2767 of this title. An investigation or a review may include the examination of a milk handler’s collection, transportation, processing, or manufacturing equipment, methods, and historical records, including records of milk pickups and deliveries.
(c) The Secretary is authorized to confirm a producer’s claim of non-rbST use pursuant to subdivision 2762(1) of this title:
(1) in conjunction with the random inspection of dairy farm operations pursuant to subsection (a) of this section;
(2) upon the written request of a handler regarding specific producers supplying milk to the handler; or
(3) when the Secretary has reason to suspect that a specific producer has made a false affidavit.
(d) Any supplier of rbST doing business or wishing to do business in Vermont shall register with the Secretary. In the event the Secretary is investigating a producer’s claim of non-rbST use pursuant to subdivision 2762(1) of this title, a supplier shall when requested by the Secretary make available to the Secretary records of business transactions with the producer under investigation by the Secretary.
(e) If the Secretary determines that the claims of a milk handler of non-rbST use pursuant to section 2762 of this title cannot be verified, the Secretary shall immediately so notify the Attorney General and the handler concerned. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 33, § 13.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2764. Enforcement; penalty

§ 2764. Enforcement; penalty
(a) A violation under this subchapter may give rise to a civil, administrative, or criminal enforcement action under Title 9, Title 6, or Title 13.
(b) The Secretary may seek search warrants and accept assurances of discontinuance under section 1, 12, or 13 of this title or may suspend or revoke the license issued to a milk handler under this title who violates this subchapter.
(c) The Attorney General or State’s Attorney may prosecute civil, criminal, or administrative actions in accordance with the Civil and Criminal Rules of Procedure and the Administrative Procedure Act. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2765. Milk purchase refusal

§ 2765. Milk purchase refusal
If the Attorney General commences an enforcement action against a milk producer for a false affirmation, claim, or affidavit pursuant to this subchapter, the charge shall be a matter of public record, and a handler purchasing milk from the producer may immediately refuse to purchase and accept milk from that producer, notwithstanding the provisions of section 2752 of this title. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2766. Confidentiality

§ 2766. Confidentiality
Any identifying information contained in any reports, records, or other record of information regardless of format in which it is created and maintained, obtained by the Secretary, the Attorney General, or a handler pursuant to this subchapter shall be kept confidential and shall not be disclosed to any person, except:
(1) as necessary to enable enforcement of this subchapter;
(2) as provided by section 2765 of this title; and
(3) to enable the Secretary to perform his or her duties under this subchapter, which may include preparation of public information and public reports on the provisions of this subchapter and its implementation, provided that such information and reports are presented in a form that does not disclose the identity of individual persons or individual milk producers whose activities or products are the subject of the information. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2767. Reciprocity

§ 2767. Reciprocity
A person may offer for retail sale in this State milk and dairy products from other states and countries, the label of which displays the claim that rbST has not been used in the production of the milk or dairy products, if the milk or dairy products are identified by the Secretary:
(1) as from a state or country that has a law comparable to this subchapter and the milk or dairy products are labeled in compliance with the law of that state or country or employs other methods administered by the state or country acceptable to the Secretary for verifying claims that rbST has not been used in milk production and processing;
(2) as provided by a handler that employs a method acceptable to the Secretary for verifying claims that rbST has not been used in milk production and processing; or
(3) as from a state or country with a law or laws precluding the use of rbST in the production of milk. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 151 - Supervision, Inspection, and Licensing of Dairy Operations › § 2768. Rules

§ 2768. Rules
The Secretary may adopt rules to implement this subchapter. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 152 - Sale of Unpasteurized (Raw) Milk › § 2775. Limited sale of unpasteurized (raw) milk permissible

§ 2775. Limited sale of unpasteurized (raw) milk permissible
Notwithstanding section 2701 of this title, the production and sale of unpasteurized milk to a consumer for personal consumption is permitted within the State of Vermont only when produced, marketed, and sold in conformance with this chapter. (Added 2009, No. 62, § 2; amended 2011, No. 39, § 3, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 152 - Sale of Unpasteurized (Raw) Milk › § 2776. Definitions

§ 2776. Definitions
As used in this chapter:
(1) “Consumer” means a customer who purchases, barters for, receives delivery of, or otherwise acquires unpasteurized milk according to the requirements of this chapter.
(2) “Milk” has the same meaning as set forth in section 2672 of this title.
(3) “Personal consumption” means the use by a consumer of unpasteurized milk for food or to create a food product made with or from unpasteurized milk that is intended to be ingested by the consumer, members of his or her household, or any nonpaying guests.
(4) “Unpasteurized milk” or “unpasteurized (raw) milk” means milk that is unprocessed.
(5) “Unprocessed” means milk that has not been modified from the natural state it was in as it left the animal, other than filtering, packaging, and cooling.
(6) “Community-supported agriculture organization” or “CSA organization” means a farm or group of farms each subject to regulation under the Required Agricultural Practices that as part of the business of the farm stand or CSA organization grow, raise, or produce agricultural products for consumer shareholders or subscribers who pledge or contract to buy a portion of the agricultural products of the farm or group of farms.
(7) “Farm stand” means a site on a farm subject to the Required Agricultural Practices where agricultural products principally produced on the farm are sold to the public. (Added 2009, No. 62, § 2; amended 2011, No. 39, § 3, eff. May 19, 2011; 2013, No. 149 (Adj. Sess.), § 1; 2017, No. 75, § 13, eff. June 12, 2017; 2021, No. 22, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 153 - Standards and Purity › § 2801. Adulteration prohibited

§ 2801. Adulteration prohibited
It is prohibited to sell, transfer, or offer for sale any adulterated dairy product that does not conform to Vermont statutes and rules adopted under the statutes. Nothing herein shall be construed to prohibit the salvage of milk solids for human consumption under rules adopted by the Secretary. (Added 1965, No. 175, § 14; amended 1969, No. 73, § 5, eff. April 18, 1969; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 4, eff. May 19, 2011; 2021, No. 105 (Adj. Sess.), § 118, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 153 - Standards and Purity › § 2802. Foreign fats prohibited

§ 2802. Foreign fats prohibited
A person, firm, or corporation, by himself or herself, his or her servant or agent, or as the servant or agent of another, shall not manufacture, sell, or exchange, or have in possession with intent to sell or exchange, any dairy products or any of the fluid or solid derivatives of any of them to which has been added any fat or oil other than milk fat, except chocolate ice cream and chocolate milk, that may contain the amount of fats other than milk fat normally contained in the chocolate or cocoa used in the manufacture of chocolate ice cream and chocolate milk. This section does not prohibit a fat substitute if it is approved for insertion into a dairy product by the U.S. Food and Drug Administration and is clearly identified in the list of ingredients on the label. (Added 1965, No. 175, § 15; amended 2011, No. 39, § 4, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 153 - Standards and Purity › § 2811. Marking of retail packages

§ 2811. Marking of retail packages
(a)(1) All retail packages of dairy products and fluid dairy products sold or offered for sale shall be plainly and conspicuously marked with:
(A) The true name of the product as defined by statute or regulation.
(B) The true name of all ingredients in descending order of importance if it is not a single defined product.
(C) The name and address of the producer or handler.
(D) The net weight or volume of package contents.
(2) The Secretary may assign identifying numbers for milk plants, which may appear on the package.
(b) The following situations are exempted from the operation of subsection (a) of this section:
(1) Milk sold by a producer to a handler.
(2) A producer who sells unpasteurized (raw) milk pursuant to chapter 152 of this title. (Added 1965, No. 175, § 3; amended 1969, No. 73, § 6, eff. April 18, 1969; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 4, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 153 - Standards and Purity › § 2812. False, misleading, or fraudulent statements

§ 2812. False, misleading, or fraudulent statements
No false, misleading, or fraudulent statement shall appear on a retail package, display material, or advertising connected therewith. The words dairy, milk, cream, dairy farm, cow, and all words or pictures of similar connotation shall not be used on packages of imitation dairy products, products in semblance of dairy products, or in the display material or advertising connected therewith. (Added 1965, No. 175, § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 153 - Standards and Purity › § 2813. Testing utensils

§ 2813. Testing utensils
(a) Bottles, pipettes, or measuring glasses used by a person in determining by test the value of milk or cream received from other persons, before use, may be tested for accuracy of measurement and for accuracy of the percent scale marked thereon, by the State Agency of Agriculture, Food and Markets.
(b) The Secretary may enter into reciprocal agreements with other states with regard to testing equipment or may accept tests conducted by other states having substantially the same tests. (Added 1965, No. 175, § 9; amended 1967, No. 52; 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 153 - Standards and Purity › § 2814. Tests of sample by Secretary

§ 2814. Tests of sample by Secretary
The producers and handlers of milk and dairy products may request the Secretary to make bacteriological or chemical tests, or both, of their dairy products and water in the central testing laboratory of the Agency of Agriculture, Food and Markets. If, in the opinion of the Secretary, these tests can be made without interfering with regulatory work, the Secretary or his or her agent may perform them. A handler for whom such tests are made shall pay fees as, in the opinion of the Secretary, will cover the cost of performing the tests. (Added 1965, No. 175, § 12; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1999, No. 49, § 122; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 153 - Standards and Purity › § 2815. Records and reports

§ 2815. Records and reports
(a) Each handler shall record and preserve for one year all purchases and sales by weight or volume, butterfat or solids tests, or any other tests that are used as a basis for payment or determination of quality for dairy products delivered by a producer. The record shall show the name and number of the producer, the period covered by the test, and the date the test was made. This record shall be signed by the licensed technician performing the tests and shall be available for examination by the Secretary at all times.
(b) The handler shall immediately furnish each producer for each delivery a statement showing the weight or volume of dairy product, the producer’s name and number, the handler’s name, the date, and other information required by the Secretary.
(c) Each payment to each producer shall be accompanied by a statement showing the period covered, the producer’s name and number, unit price, weight or volume for the period covered, the results of all tests used as a basis for payment, a detailed statement of all deductions, and other appropriate information.
(d) The Secretary shall upon request make available to the persons directly involved, the results of all tests made by him or her to check the accuracy of tests performed by the milk handler. (Added 1965, No. 175, § 13; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 153 - Standards and Purity › § 2816. Preliminary incubation testing; rejection of supply

§ 2816. Preliminary incubation testing; rejection of supply
A handler shall not reject the milk supply of a producer based solely on a preliminary incubation count. (Added 2009, No. 147 (Adj. Sess.), § 2, eff. July 1, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 155 - Frozen Desserts › § 2851. Definitions

§ 2851. Definitions
(a) “Frozen desserts” means all ice cream, frozen custards, ice milks, fruit sherbets, water ices, quiescently frozen confections, and frozen whipped creams and other like products defined by rules adopted under this chapter.
(b) “Frozen dessert mix” means any unfrozen mixture to be used in the manufacture of frozen desserts or milk shakes offered for sale or resale. (Added 1965, No. 175, § 69; amended 2021, No. 105 (Adj. Sess.), § 119, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 155 - Frozen Desserts › § 2852. Rules

§ 2852. Rules
The Secretary of Agriculture, Food and Markets may adopt rules establishing, for frozen desserts and frozen dessert mixes, reasonable standards as to identity, quality, and fill of container. The Secretary may adopt rules setting bacteriological standards and governing the sanitary requirements relative to the manufacture, distribution, and sale of all such food products. No rules may be adopted without due notice and public hearing. (Added 1965, No. 175, § 71; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 120, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 155 - Frozen Desserts › § 2853. Minimum standards

§ 2853. Minimum standards
The minimum standards of strength, quality, purity, and identity as to certain frozen dairy products shall be as stated by this chapter. However, the provisions of this chapter as relate to type or content of sweetening agent shall not apply to frozen dairy products manufactured for sale to diabetic persons. The Secretary shall regulate the labeling of frozen dairy products manufactured for sale to diabetic persons. (Added 1965, No. 175, § 68; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 155 - Frozen Desserts › § 2854. Conformity to standards

§ 2854. Conformity to standards
Any food that is purported to be, or made in the likeness of, a frozen dessert, or mix thereof, for which a standard has been prescribed under this chapter shall not be sold or offered for sale unless under rules established by the Secretary:
(1) it conforms to the definition and standard of identity, quality, and fill of containers for frozen dessert;
(2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients present in such foods;
(3) it was manufactured, distributed, and sold in conformity to all sanitary requirements established; and
(4) it conforms to the bacteriological standards established by the Secretary for frozen desserts or for the ingredients from which these are made. (Added 1965, No. 175, § 70; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 121, eff. July 1, 2022; 2023, No. 6, § 54, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 155 - Frozen Desserts › § 2855. Licenses

§ 2855. Licenses
No person shall manufacture for sale frozen desserts unless that person first secures a license from the Secretary of Agriculture, Food and Markets. Applications shall be made on forms furnished by the Secretary and be accompanied by a fee of $75.00. All licenses shall terminate on December 31 of each year. Frozen dessert licenses may be revoked or suspended for cause following due notice and hearing. (Added 1965, No. 175, § 72; amended 1975, No. 220 (Adj. Sess.), § 14; 1989, No. 257 (Adj. Sess.), § 14; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 33, § 11; 2015, No. 149 (Adj. Sess.), § 17.)