reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 372. Plant food variations

§ 372. Plant food variations
(a) The Secretary may assess a penalty upon finding that a fertilizer does not conform to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium content. A fertilizer shall be deemed out-of-conformance if the guarantee for the nitrogen, available phosphoric acid or phosphorus, or soluble potash or potassium exceeds the American Association of Plant Food Control Officials’ established permitted analytical variance at an established confidence level of 97.5 percent.
(b) A penalty of two times the value of the deficiencies shall be assessed pursuant to procedures established by rule and shall be paid to the consumer.
(c) Each registrant shall be offered an opportunity for a hearing before the Secretary. Penalty payments shall be made within 30 days after notice of the Secretary’s decision to assess a penalty. Proof of payment to the consumer shall be promptly forwarded to the Secretary by the registrant.
(d) If the consumer cannot be found, the amount of the penalty payments shall be paid to the Secretary who shall deposit the payment into the revolving account established by subsection 364(f) of this title.
(e) Fertilizer that has been purchased from a registrant or distributor and is altered so that the fertilizer’s analysis is different from that originally guaranteed shall be considered a new product. Before this new product can be distributed to the consumer, it shall be registered in the proper manner. If a product is not registered, the manufacturer of the product shall be considered liable for purposes of enforcing the provisions of this chapter.
(f) This section is not an exclusive cause of action, and persons affected may utilize any other right of action available under the law. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 285 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10a.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 373. Commercial value

§ 373. Commercial value
After consultation with the fertilizer industry, the Secretary shall determine periodically the values per unit of nitrogen, available phosphoric acid, and potash in fertilizers. The commercial value determined and published shall be considered in determining and assessing penalty payments. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 374. Short weight

§ 374. Short weight
(a) If any fertilizer, plant amendment, plant biostimulant, soil amendment, or agricultural liming material is found to be short in net weight, the registrant of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime shall pay a penalty of three times the value of the actual shortage to the affected party.
(b) Each registrant shall be offered an opportunity for a hearing before the Secretary. Penalty payments shall be made within 30 days after notice of the Secretary’s decision to assess a penalty. Proof of payment to the consumer shall be promptly forwarded to the Secretary by the registrant.
(c) If the consumer cannot be found, the amount of the penalty payments shall be paid to the Secretary who shall deposit the payment into the revolving account established by subsection 364(f) of this title.
(d) This section is not an exclusive cause of action, and persons affected may utilize any other right of action available under law. (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 › § 375. Cancellation of registration

§ 375. Cancellation of registration
The Secretary is authorized to cancel or suspend the registration of any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime or refuse a registration application if he or she finds that the provisions of this chapter or the rules adopted under this chapter have been violated, provided that no registration shall be revoked or refused without a hearing before 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 › § 376. Detained fertilizer and lime

§ 376. Detained fertilizer and lime
(a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime 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 fertilizer, plant amendment, plant biostimulant, soil amendment, or lime in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime 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 fertilizer, plant amendment, plant biostimulant, soil amendment, or lime 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 fertilizer, plant amendment, plant biostimulant, soil amendment, or lime is located. In the event the court finds the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime to be in violation of this chapter and orders the condemnation of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime, it shall be disposed of in any manner consistent with the quality of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime and the laws of the State, provided that in no instance shall disposition of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime or for permission to process or relabel the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime to bring it into compliance with this chapter. (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 › § 377. Appeal

§ 377. Appeal
Any party adversely affected by a decision of the Secretary made pursuant to section 372, 374, or 375 of this title may appeal questions of law to a Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 378. Penalty

§ 378. Penalty
(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 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 of this chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 379. Exchanges between manufacturers

§ 379. Exchanges between manufacturers
Nothing in this chapter shall be construed to restrict or impair sales or exchanges of fertilizers, plant amendments, plant biostimulants, or soil amendments to each other by importers, manufacturers, or manipulators who mix fertilizer materials, plant amendments, plant biostimulants, or soil amendments for sale or to prevent the free and unrestricted shipments of fertilizer, plant amendments, plant biostimulants, or soil amendments to manufacturers or manipulators who have registered their brands as required by provisions of this chapter. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2021, No. 41, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 380. Administrative penalty

§ 380. 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 specialty fertilizer, plant amendment, plant biostimulant, soil amendment, or lime without first obtaining the appropriate product registration;
(2) distributed a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime without appropriate labeling;
(3) failed to report or to accurately report the amount and form of each grade of fertilizer distributed in Vermont on an annual basis;
(4) failed to report or to accurately report the amount and form of each formulation of plant amendment, plant biostimulant, or soil amendment;
(5) failed to pay the appropriate tonnage fee; or
(6) violated a cease and desist order. (Added 1989, No. 285 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 28 - Fertilizer and Lime › § 381. Golf courses; nutrient management plan

§ 381. Golf courses; nutrient management plan
As a condition of the permit issued to golf courses under chapter 87 of this title and rules adopted under that chapter, a golf course shall be required to submit to the Secretary of Agriculture, Food and Markets a nutrient management plan for the use and application of fertilizer to grasses or other lands owned or controlled by the golf course. The nutrient management plan shall ensure that the golf course applies fertilizer according to the agronomic rates for the site-specific conditions of the golf course. (Added 2011, No. 37, § 2, eff. Jan. 1, 2012; amended 2021, No. 41, § 10; 2021, No. 105 (Adj. Sess.), § 63, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 30 - Frozen Foods › § 441. Prohibition

§ 441. Prohibition
No person engaged in the business of processing or storing consumer frozen foods or foods that have been frozen, or transporting, selling, or offering for sale such foods shall process, store, handle, transport, advertise, display, or offer for sale such foods unless such operations are conducted in accordance with the provisions of the rules adopted by the Secretary of Agriculture, Food and Markets after a public hearing. “Secretary” means the Secretary of Agriculture, Food and Markets or his or her designated agent. (Added 1971, No. 196 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 64, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 30 - Frozen Foods › § 442. Administration; jurisdiction

§ 442. Administration; jurisdiction
This chapter shall be administered by the Agency of Agriculture, Food and Markets in concurrent jurisdiction with other state and federal agencies and shall not alter or affect the powers of these agencies. (Added 1971, No. 196 (Adj. Sess.), § 5; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 30 - Frozen Foods › § 443. Rules; hearing; inspections

§ 443. Rules; hearing; inspections
(a) The Secretary may, after public hearing, revise rules and adopt additional rules for such operations, including temperature control, sanitation, and other matters.
(b) The Secretary may enter premises or vehicles conducting such operations at reasonable times as he or she finds necessary in the administration of this chapter. He or she may require evidence of source and destination of the product, take temperatures, open containers, and he or she may, upon tendering the market price, remove samples from the premises for further examination. (Added 1971, No. 196 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 65, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 30 - Frozen Foods › § 444. Reinspection

§ 444. Reinspection
The Secretary may, in instances such as a first offense, make due allowance for initial corrective action, minor violation, or extenuating circumstances and employ reinspection or other preliminary steps to secure compliance. (Added 1971, No. 196 (Adj. Sess.), § 3; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 30 - Frozen Foods › § 445. Penalties

§ 445. Penalties
Any person violating this chapter, or any regulation made under its authority, shall be fined not more than $100.00 for the first offense and not more than $200.00 for each subsequent offense. Each day in which a violation exists shall constitute a separate violation. (Added 1971, No. 196 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 482. Enforcement; inspectors

§ 482. Enforcement; inspectors
(a) The Secretary shall enforce the provisions of this chapter. He or she may appoint one or more inspectors who shall be authorized to enforce the provisions of this chapter.
(b) The Secretary shall pay any such inspectors their salaries and necessary expenses incurred in the performance of their duties from the monies annually allocated to the Agency. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 483. License required

§ 483. License required
(a) A dealer or processor who is doing business in this State or who wishes to do business in this State shall first obtain a license to do so from the Secretary.
(b) A dealer wishing to be licensed shall apply annually before July 1 to the Secretary for a license on forms supplied by the Secretary and shall pay a license fee of $30.00.
(c) A processor wishing to be licensed shall apply annually before July 1 to the Secretary for a license on forms supplied by the Secretary and shall pay a license fee of $150.00. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1989, No. 257 (Adj. Sess.), § 4; 1991, No. 79, § 2a; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 484. Records; inspection

§ 484. Records; inspection
(a) The Secretary may, by rule, require all licensed dealers or processors to maintain specific records for the purchase and sale of maple products. Those records shall be kept in a full and accurate manner and shall be made available to the Secretary or his or her inspector upon request. The Secretary shall use those records only for purposes of administering this chapter, or for other law enforcement purposes, and shall otherwise keep them confidential.
(b) The Secretary or the Secretary’s inspector may enter upon the premises of a licensed dealer or processor, at reasonable times, for purposes of inspecting the premises, records, equipment, and inventory in a reasonable manner to determine whether the provisions of this chapter and the rules adopted under this chapter are being observed. If entry is refused, the Secretary may apply to a Superior Court judge for an administrative search warrant. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1991, No. 79, § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 154 (Adj. Sess.), § 58; 2021, No. 105 (Adj. Sess.), § 67, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 485. Revocation or suspension of licenses; appeals

§ 485. Revocation or suspension of licenses; appeals
(a) The Secretary may suspend, revoke, or decline to grant a dealer or processor license for cause or for failure of the applicant to provide all information that the Secretary may reasonably request. Before declining to grant a license, or suspending or revoking a license, the Secretary shall give at least 10 days’ notice to the applicant or licensee by registered or certified mail addressed to the applicant’s last known address and afford the applicant an opportunity to appear and be heard with respect to the proposed action on the license at a time and place specified in the notice. The applicant or licensee may be heard in person or by an attorney and offer evidence pertinent to the subject of the hearing. Within 30 days after the hearing, the Secretary shall make findings of fact in writing and shall notify the applicant or licensee of the Secretary’s decision in writing.
(b) The applicant or licensee may appeal the decision to the Washington Superior Court or the Superior Court for the county where the applicant or licensee is doing business. Such an appeal shall be limited to questions of law and shall be governed by the Vermont Rules of Civil Procedure. The applicant shall file a statement of questions for the court’s review within 30 days of filing the notice of appeal.
(c) The decision of the Superior Court may be appealed to the Vermont Supreme Court.
(d) A dealer who has not been licensed, or whose license was suspended or revoked by the Secretary, shall not engage in the sale, barter, or exchange of any maple products within the State of Vermont for commercial purposes. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1991, No. 79, § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 68, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 487. Standards

§ 487. Standards
(a) Grade standards. The Secretary shall establish by rule grade standards for maple syrup. In establishing grade standards, the Secretary may utilize the color standards and grade designations established by the U.S. Department of Agriculture for the testing and grading of maple syrup, or develop different color standards and designations. The Secretary may also establish flavor and clarity requirements as a part of the grading standards.
(b) Density standards. The Secretary may establish by rule the density standards for maple syrup. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1989, No. 13, § 1; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 488. Sampling, testing, and grading devices; certification

§ 488. Sampling, testing, and grading devices; certification
(a) The Secretary may procure accurate sampling, testing, and grading devices in a quantity sufficient to meet the anticipated requirements under this chapter.
(b) In addition to the mandatory inspection program conducted under this chapter, the Secretary may provide maple syrup inspection certification upon request of a dealer. The Secretary may obtain from the dealer reimbursement for the cost of the inspection certification incurred by the Agency. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1989, No. 13, § 2; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 489. Hydrometers

§ 489. Hydrometers
(a) Maple syrup hydrometers sold in this State shall be tested, approved, and so marked by the Agency before any are sold, offered, or exposed for sale or distributed by any person.
(b) All maple sap hydrometers used in this State for testing the sugar content of maple sap for the purpose of computing its selling price shall be permanently marked with a nonrepetitive serial number and shall be tested by the Agency for accuracy. When a maple sap hydrometer has been tested and approved as meeting those standards established by regulation, the Secretary may issue a certificate of accuracy. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 490. Labels

§ 490. Labels
(a) Maple syrup. Every shipment, package, or container of maple syrup packed, sold, offered, or exposed for sale or distribution by any person shall be plainly marked in accordance with 9 V.S.A. § 2633(c) for packaging and labeling rules and shall include:
(1) the name, address, and zip code of the packer;
(2) the true name of the product;
(3) the grade; and
(4) the volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius.
(b) All other pure maple products. Every shipment, package, or container of maple products other than maple syrup packed, sold, offered, or exposed for sale or distribution by any person shall be plainly marked in accordance with 9 V.S.A. § 2633(c) for packaging and labeling rules and shall include:
(1) the name, address, and zip code of the packer;
(2) the true name of the product; and
(3) the volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius if the product is a liquid or with the net weight if the product is not a liquid.
(c) Labeling maple syrup as produced in Vermont. Any labeling on bulk or packaged maple syrup that indicates “State of Vermont pure maple syrup,” Vermont maple syrup, Vermont syrup, or any other words that imply that the syrup so marked was produced in Vermont shall be used exclusively upon 100 percent maple syrup that is entirely produced within the State of Vermont in compliance with the terms of this chapter and the rules adopted under this chapter.
(d) Labeling other maple products as produced in Vermont. Any labeling on all other maple products that states or implies that those products were produced in Vermont shall be used exclusively upon 100 percent pure maple products that are entirely produced within the State of Vermont in compliance with the terms of this chapter and the rules adopted under this chapter. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 69, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 491. Adulteration; filtration

§ 491. Adulteration; filtration
(a) No person shall manufacture, package, sell, offer for sale, deliver, or in any way possess any maple product that is adulterated within the meaning of 18 V.S.A. § 4059.
(b) Maple syrup that is produced, packaged, handled, or sold in this State shall not be bleached or lightened in color by artificial means except by simple filtration through cloth or paper, through a filter press, or through food grade diatomaceous earth with a filter press to remove suspended solids. The Secretary may by rule approve other methods of filtration. The Secretary is authorized to approve specific applications of new technologies for time-limited experimental usage. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1985, No. 241 (Adj. Sess.), § 1; 1997, No. 29, § 1, eff. May 15, 1997; 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 6, § 39, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 492. Labeling container of maple flavored products

§ 492. Labeling container of maple flavored products
(a) Every product or package containing a product made by combining maple sap, maple sugar, or maple syrup with any other sugar or other substance packed, sold, offered, or exposed for sale or distribution by any person in this State shall be plainly marked in accordance with 9 V.S.A. § 2633(c) for packaging and labeling rules and shall include the following on the principal display panel:
(1) an accurate and descriptive name;
(2) the net quantity contents declaration; and
(3) the amount of maple sugar or maple syrup the product contains expressed in percentage of volume if the product is a liquid or a list of the product ingredients in order of decreasing predominance by weight if the product is a solid. The percentage statement or ingredient list shall be in close proximity to the product name.
(b) The same information required in subsection (a) of this section shall be included in any advertisements of the product. When the product is served in any public eating place, the menu shall be conspicuously marked with an accurate and descriptive name and a statement expressing the percentage of maple sugar or maple syrup the product contains.
(c) The words “maple,” “mapyl,” “mapley,” or words of similar import shall not appear in any manner on a container, label, menu, or advertisement of maple flavored products, unless:
(1) such words are printed in the statement of contents together with the percentage;
(2) such words are a part of the packer’s name, provided that the packer’s name cannot appear to be a part of the product name; or
(3) the words “blend,” “sweetened,” or “flavored” appear immediately before, after, above or below and in equal prominence to such words.
(d) The term “maple flavored” may only be used when 100 percent of the flavoring material is a pure maple product. If any artificial maple flavor is used, the label shall clearly and conspicuously state “artificial flavor.” (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1985, No. 241 (Adj. Sess.), § 2; 2021, No. 105 (Adj. Sess.), § 70, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 493. Labeling container of artificial maple flavored products

§ 493. Labeling container of artificial maple flavored products
It shall be unlawful to use the term “maple syrup” or “maple sugar,” however modified, to describe any product, flavoring, sweetener, or food additive unless the product, flavoring, sweetener, or food additive so described meets the statutory definition of “maple syrup” or “maple sugar.” Terms such as “artificial maple syrup” or “artificial maple sugar” are declared to be misleading and deceptive and may not be used in the labeling or advertising of any product. Terms such as “artificial maple flavor” or “artificial maple flavor sweetener” may be used to describe a product flavored or sweetened with a substance that attempts to duplicate real maple flavor, providing that words such as “artificial,” “flavor,” and other modifiers of the word “maple” shall appear in equal prominence to the word “maple” on the label and in all advertising of the product. (Added 1981, No. 235 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 493a. Use of the term “Vermont maple”

§ 493a. Use of the term “Vermont maple”
The term “Vermont maple” may be used only to describe any product, flavoring, sweetener, or food additive when the product, flavoring, sweetener, or food additive so described contains “maple products” that are “produced in Vermont” as those terms are defined in this chapter. (Added 2003, No. 148 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 495. Advertising

§ 495. Advertising
(a) All advertisements of maple syrup displayed, circulated, broadcast by radio, or telecast within this State that quote a price shall specify the grade and volume of maple syrup in equal prominence with the stated price.
(b) All advertisements of maple products and maple flavored products displayed, circulated, broadcast by radio, or telecast within this State that quote a price shall specify the quantity of contents in equal prominence with the stated price.
(c) All advertisements of maple syrup or maple products that state or imply that the products were produced in Vermont shall be used exclusively upon maple syrup or maple products produced within the State of Vermont.
(d) All advertising of maple flavored products shall be in compliance with the advertising provisions contained in section 492 of this title. All advertising of artificial maple flavored products shall be in compliance with the advertising provisions contained in section 493 of this title. (Added 1981, No. 235 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 496. Rules; powers

§ 496. Rules; powers
(a) The Secretary may adopt and enforce all rules that the Secretary deems necessary to enforce this chapter.
(b) When the Secretary determines that there is reasonable cause to believe that a maple product is in violation of this chapter or any rules adopted under this chapter, the Secretary may embargo the sale, transportation, or use of the product. Within 30 days after the embargo, the Secretary shall cause to be instituted in the Superior Court of the county in which the violator resides, has a place of business, or commits the violation a petition for an order for disposal of the product. Prior to the petition or pending court directions, the Secretary may agree with the owner of the product for its disposal, provided the disposal is not in violation of law. The court shall have power to condemn any maple product sold, stored, held, offered, exposed, or advertised for sale or possessed in violation of this chapter and may authorize its disposal. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 72, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 497. Violation

§ 497. Violation
A person shall not knowingly or intentionally:
(1) produce, package, label, sell;
(2) hold, store, transport, offer, expose, or advertise for sale;
(3) possess in any premises where maple products, maple flavored products, or artificial maple flavored products, are sold or held, stored, offered, exposed, or advertised for sale; or
(4) possess or serve in any public eating place, any maple product, maple flavored product, or artificial maple flavored product in violation of the provisions of this chapter, or any embargo or rule adopted by the Secretary under the provisions of this chapter. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1985, No. 241 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 148 (Adj. Sess.), § 3; 2021, No. 105 (Adj. Sess.), § 73, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 498. Penalties

§ 498. Penalties
(a) The Secretary may suspend or revoke the license of a dealer or processor for any violation of this chapter or the rules adopted pursuant to this chapter.
(b) A person, including licensed dealers or processors, who knowingly or intentionally violates any provision of this chapter shall be fined not more than $5,000.00 or imprisoned for not more than one year, or both. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 148 (Adj. Sess.), § 4; 2021, No. 105 (Adj. Sess.), § 74, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 32 - Maple Products › § 499. Construction

§ 499. Construction
(a) This chapter shall not be construed to limit in any way the powers of the Department of Health with regard to the regulation of food and drink and the standards, adulteration, misbranding, and misrepresentation thereof.
(b) The provisions of this chapter are severable. If any provision of this chapter, any exemption under this chapter, or any application of this chapter to any person or circumstance is invalid, the invalidity shall not affect other provisions, exemptions, or applications that can be given effect without the invalid provision, exemption, or application. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 75, eff. July 1, 2022; 2023, No. 53, § 9, eff. June 8, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 33 - Potatoes › § 551. Definitions

§ 551. Definitions
(a) The word “persons” as used in this chapter shall include individuals, corporations, companies, societies, and associations. The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within the scope of his or her employment or office, shall also be deemed to be the act, omission, or failure of such corporation, company, society, or association.
(b) “Grade” or “grades” means the standards for potatoes established by the U.S. Department of Agriculture and those adopted by the Secretary of Agriculture, Food and Markets as the official grades on potatoes for Vermont under the authority provided in chapter 21 of this title. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 76, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 33 - Potatoes › § 552. Application of chapter

§ 552. Application of chapter
The provisions of this chapter shall apply to all shipments, packages, containers, or displays in which potatoes are packed, distributed, sold, offered, or exposed for sale except as provided in this chapter. (Amended 2021, No. 105 (Adj. Sess.), § 77, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 33 - Potatoes › § 553. Marking of containers

§ 553. Marking of containers
Every shipment, package, or container containing potatoes that are packed in the State, sold in the State, distributed in the State, 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 the person by whose authority the potatoes are packed or distributed, and the proper grade of the potatoes contained in the shipment, package, or container. The party possessing the potatoes at any time shall be deemed responsible for the proper marking of the potatoes. On display racks or bins from which potatoes are sold in retail quantities, the proper grade must be plainly and conspicuously shown, but the provision as to markings of name and address or person by whose authority the potatoes were packed shall not apply. (Amended 2021, No. 105 (Adj. Sess.), § 78, eff. July 1, 2022.)
1951, No. 103, § 3.
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 33 - Potatoes › § 554. Exemptions

§ 554. Exemptions
(a) Nothing in this chapter shall be construed to prevent a grower from selling potatoes at his or her premises or storage, or delivering potatoes to a central packing house, processing plant, storage, or to a retailer or consumer in quantity of five bushels or less in any calendar day without such marking, except that any potatoes displayed or offered for sale at the roadside must be marked with the proper grade.
(b) Properly tagged certified seed potatoes as defined by sections 611-618 of this title are exempted from the provisions of this chapter.
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 33 - Potatoes › § 556. Enforcement; rules

§ 556. Enforcement; rules
The Secretary of Agriculture, Food and Markets shall diligently enforce all of the provisions of this chapter. The Secretary, either in person or by a duly authorized representative, shall have free access, ingress, and egress during business hours to any place or any building where potatoes are packed, stored, transported, sold, offered, or exposed for sale or for transportation. The Secretary may also, in person or by duly authorized representative, open any box, barrel, or other container, and examine the contents thereof, and may, upon tendering the market price, take samples from the contents of the box, barrel, or other container. The Secretary shall make and publish uniform rules for carrying out the provisions of this chapter. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 79, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 33 - Potatoes › § 557. Penalty

§ 557. 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 $25.00 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 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 34 - Hemp › § 561. Findings; intent

§ 561. Findings; intent
(a) Findings.
(1) Hemp has been continuously cultivated for millennia; is accepted and available in the global marketplace; and has numerous beneficial, practical, and economic uses, including high-strength fiber, textiles, clothing, biofuel, paper products, protein-rich food containing essential fatty acids and amino acids, biodegradable plastics, resins, nontoxic medicinal and cosmetic products, construction materials, rope, and value-added crafts.
(2) The many agricultural and environmental beneficial uses of hemp include livestock feed and bedding, stream buffering, erosion control, water and soil purification, and weed control.
(3) The hemp plant, an annual herbaceous plant with a long slender stem ranging in height from four to 15 feet and a stem diameter of one-quarter to three-quarters of an inch, is morphologically distinctive and readily identifiable as an agricultural crop grown for the cultivation and harvesting of its fiber and seed.
(4) Hemp cultivation will enable the State of Vermont to accelerate economic growth and job creation, promote environmental stewardship, and expand export market opportunities.
(5) Section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 authorizes the growing, cultivation, and marketing of hemp under a U.S. Department of Agriculture approved State program.
(6) The federal Agricultural Act of 2014, Pub. L. No. 113-79, Sec. 7606, codified at 7 U.S.C. § 5940, authorized states, subject to certain requirements, to implement agricultural pilot programs for the growing, cultivation, and marketing of hemp, notwithstanding restrictions under the federal Controlled Substances Act. The pilot program was previously set to expire in 2020, but states may now operate a pilot program in 2021. The pilot program and 7 U.S.C. § 5940 are currently scheduled for repeal on January 1, 2022.
(b) Purpose. The intent of this chapter is to establish policy and procedures for growing, processing, testing, and marketing hemp and hemp products in Vermont that comply with federal law so that farmers and other businesses in the Vermont agricultural industry can take advantage of this market opportunity. (Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84, § 1; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44, § 1, eff. May 30, 2019; 2021, No. 47, § 10, eff. June 1, 2021; 2021, No. 174 (Adj. Sess.), § 8, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 34 - Hemp › § 562. Definitions

§ 562. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Agriculture, Food and Markets.
(2)(A) “Grow” means:
(i) planting, cultivating, harvesting, or drying of hemp; and
(ii) selling, storing, and transporting hemp grown by a grower.
(B) “Grow” may be used interchangeably with the word “produce.”
(3) “Grower” means a person who is registered with the Agency to produce hemp crops.
(4) “Hemp products” or “hemp-infused products” means all products with the federally defined tetrahydrocannabinol concentration level for hemp derived from, or made by, processing hemp plants or plant parts, which are prepared in a form available for commercial sale, including cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, construction materials, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.
(5) “Hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers, whether growing or not, with the federally defined tetrahydrocannabinol concentration level of hemp. “Hemp” shall be considered an agricultural commodity.
(6) “Process” means the storing, drying, trimming, handling, compounding, or converting of a hemp crop by a processor for a single grower or multiple growers into hemp products or hemp-infused products. “Process” includes transporting, aggregating, packaging hemp from a single grower or multiple growers, or manufacturing hemp products or hemp-infused products from hemp concentrate.
(7) “Processor” means a person who is registered with the Agency to process hemp crops. A retail establishment selling hemp products or hemp-infused products is not a processor.
(8) “Secretary” means the Secretary of Agriculture, Food and Markets. (Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84, § 1; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44, § 1, eff. May 30, 2019; 2021, No. 174 (Adj. Sess.), § 8, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 34 - Hemp › § 563. Hemp; an agricultural product

§ 563. Hemp; an agricultural product
(a) Hemp is an agricultural product that may be grown as a crop produced, possessed, marketed, and commercially traded in Vermont pursuant to the provisions of this chapter and section 10113 of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
(b) Alternatively, for as long as federal law authorizes continuation of the hemp pilot program pursuant to the federal Agricultural Act of 2014, Pub. L. No. 113-79, Sec. 7606, as codified at 7 U.S.C. § 5940, the Secretary may continue to operate an agricultural pilot program for hemp as authorized by and in compliance with 7 U.S.C. § 5940, as amended, and the provisions of this chapter. Hemp growers and processors shall also then comply with pilot program federal requirements and the provisions of this chapter. If the Secretary operates a hemp pilot program, the program shall not be subject to the terms of Section 10113 of the Agricultural Improvement Act of 2018, Pub. L. No. 115-334.
(c) Notwithstanding any provision of State law to the contrary and notwithstanding the scheduled repeal of 7 U.S.C. § 5940 on January 1, 2022, a person shall not be in violation of the requirements of this chapter if he or she grows or cultivates hemp during the 2021 hemp season or markets hemp grown during the 2021 hemp season in compliance with the terms established by the federal Agricultural Act of 2014.
(d) The cultivation of hemp shall be subject to and comply with the Required Agricultural Practices adopted under section 4810 of this title, as amended. (Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84, § 1; 2015, No. 64, § 13; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44, § 1, eff. May 30, 2019; 2021, No. 47, § 10, eff. June 1, 2021; 2021, No. 174 (Adj. Sess.), § 8, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 34 - Hemp › § 566. Rulemaking authority

§ 566. Rulemaking authority
(a) The Secretary may adopt rules to provide for the implementation of this chapter and the Program authorized under this chapter, which may include rules to:
(1) require hemp to be tested during growth for tetrahydrocannabinol levels;
(2) authorize or specify the method or methods of testing hemp, including, where appropriate, the ratio of cannabidiol to tetrahydrocannabinol levels or a taxonomic determination using genetic testing;
(3) require inspection and supervision of hemp during sowing, growing season, harvest, storage, and processing;
(4) require labels or label information for hemp products in order to provide consumers with product content or source information or to conform with federal requirements;
(5) establish certification requirements for hemp seed sold or distributed in the State; and
(6) require disclosure or labeling of the amount of cannabinoid known to be present in hemp seed sold or distributed in the State.
(b) The Secretary may adopt rules establishing how the Agency of Agriculture, Food and Markets will conduct research within the Program for hemp.
(c) The Secretary shall adopt rules establishing requirements for the registration of processors of hemp and hemp-infused products. (Added 2007, No. 212 (Adj. Sess.), § 2; amended 2013, No. 84, § 1; 2017, No. 143 (Adj. Sess.), § 5; 2019, No. 44, § 1, eff. May 30, 2019; 2019, No. 129 (Adj. Sess.), § 27; 2021, No. 174 (Adj. Sess.), § 8, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 34 - Hemp › § 568. Test results; enforcement

§ 568. Test results; enforcement
(a) When notified of a hemp crop, hemp product, or hemp-infused product that has a delta-9 tetrahydrocannabinol concentration exceeding the applicable federally defined tetrahydrocannabinol concentration level of hemp, the person registered with the Secretary as growing or processing the hemp shall arrange for disposal, remediation, or destruction of the hemp crop, hemp product, or hemp-infused product in a manner consistent with applicable State and federal law.
(b) To enforce the provisions of this chapter, the Secretary, upon presenting appropriate credentials, may conduct one or more of the following:
(1) Enter upon any premises where hemp is grown or processed and inspect premises, machinery, equipment and facilities, any crop during any growth phase, or any hemp product or hemp-infused product during processing or storage. Inspection under this section may include the taking of samples, inspection of records, and inspection of equipment or vehicles used in the growing, processing, or transport of hemp crops, hemp products, or hemp-infused products.
(2) Inspect any retail location offering hemp products or hemp-infused products. Inspection under this section may include the taking of samples of such products.
(3) Issue and enforce a written or printed “stop sale” order to the owner or custodian of any hemp crop, hemp product, or hemp-infused product subject to the requirements of this chapter or rules adopted under this chapter that the Secretary finds is in violation of any of the provisions of this chapter or rules adopted under this chapter. An order may prohibit further sale, processing, and movement of the hemp crop, hemp product, or hemp-infused product until the Secretary has approved and issued a release from the “stop sale” order.
(A) This order should include the reason for being issued, a description of the crops or products at issue, instructions to separate all crops or products subject to the order, and any recommended measures to remedy the basis or bases for the order.
(B) A person issued a “stop sale” order may appeal that order to the Secretary within 15 days after receipt. The person shall file any appeal by serving a letter on the Secretary, which shall state all grounds for the appeal and identify the crops or products affected by the appeal.
(c) [Repealed.] (Added 2017, No. 143 (Adj. Sess.), § 7; 2019, No. 44, § 1, eff. May 30, 2019; amended 2021, No. 174 (Adj. Sess.), § 8, eff. July 1, 2022.)