reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 157 - Bonds › § 2881. Conditions and amount; failure to file

§ 2881. Conditions and amount; failure to file
(a) Except as provided in section 2882 of this title, no handler shall purchase milk from a Vermont producer or milk cooperative, either directly or through a marketing service owned by one or more cooperatives, and the Secretary shall not issue a handler’s license, unless the handler furnishes the Secretary a good and sufficient surety bond, executed by a surety company duly authorized to transact business in this State in an amount equal to 50 percent for all species other than cattle, and 100 percent for cattle, of the maximum amount due all milk producers in the State who sold milk to the handler for a 41-day period during the previous 12 months. The Secretary may accept, in lieu of such bond, a guaranteed irrevocable letter of credit. The bonds shall be taken for the benefit of Vermont milk producers and milk cooperatives in this State. At any time in the Secretary’s discretion, the Secretary may require the handler to file detailed statements of the business transacted by them in this State and at any time may require them to give such additional bonds as he or she deems necessary. If the handler refuses or neglects to file the detailed statements or to give bonds required by the Secretary, the Secretary may suspend the license of the handler until he or she complies with the Secretary’s orders. The Secretary shall report to the Attorney General the name of any handler doing business in this State without a license, or after suspension of its license by the Secretary, and the Attorney General shall bring injunction proceedings against the handler. Renewals of bonds specified in this section shall be furnished the Secretary 60 days before the effective date of the bond. If the handler fails to file the bonds as required, the Secretary shall publish the name of the handler in four newspapers of general circulation in the State for a period of three consecutive days and notify, by registered mail, producers supplying the handler.
(b) A milk cooperative that sells milk from a Vermont producer either directly or through a marketing service owned by one or more cooperatives shall file a monthly detailed report that states where the milk from each bulk tank unit served is sold and shall specify the volume of milk that is sold by Vermont cooperative members and independent producers who market their milk through a milk cooperative either directly or through a marketing service owned by one or more cooperatives. (Added 1965, No. 175, § 19; amended 1981, No. 198 (Adj. Sess.), § 13, eff. April 22, 1982; 1993, No. 109 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 48, § 6, eff. May 28, 2009; 2011, No. 39, § 6, eff. May 19, 2011; 2021, No. 105 (Adj. Sess.), § 122, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 157 - Bonds › § 2882. Exemptions from filing bond

§ 2882. Exemptions from filing bond
(a) A milk cooperative or a nonprofit cooperative association organized under Vermont law or similar laws in other states shall not be required to furnish surety as provided in section 2881 of this title for payments made to a milk cooperative or to a producer who is a member of a milk cooperative.
(b) A handler who does not purchase milk from Vermont producers or milk cooperatives either directly or through a marketing service owned by one or more cooperatives shall not be required to furnish surety as provided under section 2881 of this title.
(c) A handler who pays for milk in advance or at the time of delivery shall not be required to furnish surety as provided under section 2881 of this title. Every producer, or milk cooperative either directly or through a marketing service owned by the cooperatives, selling milk to handlers who pay for milk in advance or at the time of delivery shall, on July 1 of each year, notify the Secretary in writing of the identity of each handler and shall promptly notify the Secretary in writing of any changes to the most recent notification.
(d) A handler who purchases fewer than 150,000 pounds of milk per month from a milk cooperative, either directly or through a marketing service owned by one or more cooperatives, shall not be required to furnish surety as provided under section 2881 of this title. (Added 1965, No. 175, § 25; amended 2009, No. 48, § 6, eff. May 28, 2009; 2011, No. 39, § 6, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 157 - Bonds › § 2883. Nonpayment; forfeiture of bond

§ 2883. Nonpayment; forfeiture of bond
When, for a period of five days after the date required for payment of any amount due any of his or her producers, the handler fails to pay the amount due for products delivered or furnished by them for the preceding pay period, the handler, by reason of such nonpayment, shall be in default as to all producers whose accounts shall then remain unpaid, and the bond or other security provided for in section 2881 of this title shall be forfeited to the extent of all sums then due from such handler to its several producers in this State and, by virtue of such default, the conditions of the bond or other securities shall be deemed to be broken. (Added 1965, No. 175, § 22.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 157 - Bonds › § 2884. Proceedings for recovery on bond

§ 2884. Proceedings for recovery on bond
When the condition of a bond or other security is breached, if a producer or milk cooperative applies to a handler for payment of products furnished to that handler whose account remains unpaid as provided in section 2883 of this title, the Secretary shall institute appropriate proceedings thereon in his or her name as trustee for the benefit of all the producers or milk cooperatives in this State supplying the handler and to whom such handler may be indebted at the time the proceedings are instituted. The proceedings may be commenced in any county in this State where a producer of the handler resides. (Added 1965, No. 175, § 24; amended 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 6, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 159 - Producer's Lien › § 2901. Creation of lien

§ 2901. Creation of lien
The liability of a handler to a producer for the unpaid purchase price of dairy products purchased shall be a first lien on the real and personal property of a handler and shall have priority over any other claim or lien against the handler, except:
(1) Taxes assessed against such property of the handler by the municipality in which the property is located.
(2) A duly recorded mortgage, deed, or other conveyance to the extent that consideration has been paid in good faith before the recording of a notice of such producer’s lien as provided in section 2902 of this title. (Added 1965, No. 175, § 26; amended 2021, No. 105 (Adj. Sess.), § 123, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 159 - Producer's Lien › § 2902. Recording notice of lien

§ 2902. Recording notice of lien
A producer’s lien shall not continue for more than 60 days from the time when payment became due for the last of the dairy products sold unless a notice of the lien is filed in the case of real estate in the office of the town clerk of the town where the real estate is located and in the case of personal property in the office of the town clerk of the town where the handler resides, or, if the handler resides out of state, then in the town where the personal property is located. Within ten days thereafter a copy of the memorandum shall be filed by the producer with the Secretary of Agriculture, Food and Markets, who may publish it as necessary to provide notice thereof to other producers of the handler. (Added 1965, No. 175, § 27; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 159 - Producer's Lien › § 2903. Effect of lien

§ 2903. Effect of lien
Unless the handler has paid the claim upon which the lien is founded, he or she shall not, after receipt of written notice of a producer’s lien, mortgage or otherwise convey any property upon which a producer’s lien is claimed without disclosing in writing such lien to the vendee or mortgagee or stating the existence of it in the instrument conveying or mortgaging the property. If a handler fails so to disclose a producer’s lien, he or she shall be liable to any person thereby injured in an action on this statute for the damages sustained. (Added 1965, No. 175, § 28.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 159 - Producer's Lien › § 2904. Action to enforce lien

§ 2904. Action to enforce lien
Not less than 30 nor more than 90 days from the time of filing the notice of lien, the producer may commence an action to perfect his or her lien. The action shall be commenced by causing the real estate or other property against which the lien is claimed to be attached as upon mesne process. Any producer who has duly recorded a notice of lien against the property prior to the commencement of such action may join in the suit. All items perfected by the suit shall be paid pro rata if the property of the handler is not sufficient to pay them in full. (Added 1965, No. 175, § 29.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 159 - Producer's Lien › § 2905. Foreclosure and sale

§ 2905. Foreclosure and sale
Within 90 days after the date of judgment in the suit to perfect the lien or liens, the plaintiff may cause a certified copy of the lien to be recorded in the office of the clerk of the town in which the notice of lien was originally filed. The judgment order shall state the period, not exceeding one year, in which the right of the defendant to redeem the property may be exercised or, alternatively, shall provide for the time, place, manner, and notice of a sale of the property and application of the proceeds from the sale in payment of the producer’s liens and the lawful claims of others in the property. (Added 1965, No. 175, § 30; amended 2021, No. 105 (Adj. Sess.), § 124, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2921. Declaration of policy and purpose

§ 2921. Declaration of policy and purpose
(a) It is hereby declared by the General Assembly that dairy farming is of paramount importance in helping to maintain a strong economy and in preserving the State’s remaining rural character; that dairy farming at present is in serious jeopardy because of the rapidly declining price of milk being paid to producers while corresponding costs of production remain the same or increase; that the federal milk marketing order minimum price for milk is now and may be in the future inadequate to cover the costs of milk production and provide for a reasonable economic return to dairy producers; that the entire distribution structure of the milk industry is threatened; and that Vermont should ensure that there is an adequate supply of milk for the consuming public both inside and outside Vermont. The General Assembly also reaffirms and restates its findings and statement of policy as set forth in section 2671 of this title. Due to the uncertainty in the federal market order structure and marked fluctuations in market order prices, the dairy industry of the State is imperiled, which is a menace to the health, welfare, and reasonable comfort of the inhabitants of the State.
(b) The general purposes of this subchapter are to protect and promote the public welfare by ensuring at all times an adequate supply of clean, pure milk and cream of proper quality to meet the needs of the inhabitants of this State and to ensure the continuing economic vitality of the dairy industry by stabilizing the price received by farmers for their milk at a level allowing them an equitable rate of return. These purposes are to be accomplished through regulation of the milk-marketing industry, and through control in general, consistent with constitutional limitations, of the price of all fluid dairy products sold or offered or exposed for sale to the inhabitants of this State and by Vermont farmers, to the end that the public health and economic welfare of the State shall not be menaced or jeopardized. (Added 1965, No. 175, § 39; amended 1991, No. 17, § 2, eff. April 4, 1991.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2922. Vermont Milk Commission; membership

§ 2922. Vermont Milk Commission; membership
There shall be a Vermont Milk Commission, to consist of nine members, one member of which shall be the Secretary of Agriculture, Food and Markets. The Secretary shall be Chair of the Commission and serve without compensation. A quorum shall be a majority of the Commission. The Commission shall act only by an affirmative vote of at least six members. The remaining Commission members shall serve for terms of three years, except for the legislative members who shall serve for the term of their election, and be chosen as follows:
(1) Each dairy farmer cooperative, and each proprietary handler purchasing milk from independent farmers, doing business in the State and registered with the Secretary of State’s office shall submit the name of a Vermont dairy farmer with knowledge of the production and marketing of dairy products to the Vermont Dairy Industry Association. The Board of Directors of the Association shall submit the names of four of these persons to the Governor, who shall appoint two Commission members from the list submitted. The initial appointment of one of these members shall be for a term of two years.
(2) Each milk handler doing business in the State and registered with the Secretary of State’s office shall submit the name of one such handler with knowledge and experience in the marketing of dairy products to the Vermont Dairy Industry Association. The Board of Directors of the Association shall submit three names to the Governor, who shall choose one Commission member from the list provided. In compiling the lists under subdivisions (1) and (2) of this section, the Board shall consider whether the persons chosen sell their milk to or are handlers who purchase a substantial percentage of their milk from Vermont producers and utilize the milk purchased in the most advantageous manner possible.
(3) Two members representing milk consumers and having no pecuniary interest in the sale of milk or milk products shall be chosen by the Governor. The initial appointment of one of these members shall be for a term of one year.
(4) One dairy farmer, chosen directly by the Governor, who does not serve on the Board of Directors of any organization that handles or processes dairy products, nor is an officer of any organized farm organization in the State.
(5) One member from the House Committee on Agriculture, Food Resiliency, and Forestry chosen by the Speaker and one member from the Senate Committee on Agriculture chosen by the President Pro Tempore of the Senate. For attendance at a meeting when the General Assembly is not in session, these two legislative members shall be entitled to the same per diem compensation and reimbursement of necessary expenses as provided members of standing committees under 2 V.S.A. § 23. (Added 1965, No. 175, § 40; amended 1991, No. 17, § 3; 1993, No. 127 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 157 (Adj. Sess.), § 3, eff. May 20, 2008.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2923. Administrative work

§ 2923. Administrative work
The Vermont Agency of Agriculture, Food and Markets shall perform the administrative work of the Commission as directed by the Commission. The Commission may reimburse the Agency of Agriculture, Food and Markets for the cost of services performed by the Agency. The Commission may enter into contracts with and employ technical experts and authorize and retain legal counsel and other such officers, agents, and employees as are necessary to effect the purposes of this chapter and may fix their qualifications, duties, and compensation. The contract remuneration and employment compensation shall be paid from the Vermont Milk Commission fund and shall be subject to the limitations of section 2924 of this chapter. (Added 1965, No. 175, § 41; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 17, § 8(a), eff. April 4, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 157 (Adj. Sess.), § 4, eff. May 20, 2008.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2924. Powers and duties; pricing authority; public hearings

§ 2924. Powers and duties; pricing authority; public hearings
(a) Authority over milk prices. The Commission may establish an equitable minimum or maximum price, or both, and the manner of payments, which shall be paid producers or associations of producers by handlers, and the prices charged consumers and others for milk used in dairy products by distributors or handlers. The cost of the contracts and employment pursuant to section 2923 of this title and of administering the collection and distribution of monies collected under this section shall not exceed $100,000.00 annually and may be collected independently from any assessment imposed under this section. The Commission may impose an assessment to cover the initial costs of establishing a pricing order as authorized by this section.
(b) Equitable minimum producer prices. The Commission may establish by order after notice and hearing an equitable minimum price to be paid to dairy producers for milk produced in Vermont on the basis of the use thereof in the various classes, grades, and forms. Prices so established that exceed federal order prices shall be collected by the Commission from the handlers for distribution to dairy producers as a blend price.
(c) Public hearings. In order to be informed of the status of the State’s dairy industry, the Commission shall hold a public hearing at least annually, when directed by the General Assembly, and whenever the chair deems it necessary.
(d) Voluntary payments. The Commission may accept voluntary premium payments for distribution to dairy farmers as a blend price.
(e) Premiums on handlers and distributors for milk used in dairy products sold at retail in Vermont. The Commission may assess a premium on handlers and distributors for milk used in dairy products sold at retail in Vermont. The premiums assessed and received shall be paid to the State Treasury and deposited in the special fund established pursuant to section 2938 of this chapter. The proceeds of the premium shall be distributed to dairy producers as a blend price. Any applicable provision of subsections 2925(b)-(f) of this title shall apply to the assessment of such premiums. In assessing these premiums, the Commission shall also take into account any similar assessments made by other states.
(f) Payment Statements. Payment statements provided to producers of cows’ milk shall include in the payment statement the national support price, the Boston, Massachusetts price, the producer price differential, and the amount per hundredweight of any charges or deductions where applicable. The format shall be provided with clear language and with no abbreviations, except where the abbreviation is spelled out elsewhere in the statement. (Added 1965, No. 175, § 42; amended 1991, No. 17, § 4, eff. April 4, 1991; 1991, No. 17, § 4, eff. April 4, 1991; 1991, No. 232 (Adj. Sess.), § 9; 2007, No. 38, § 22, eff. May 21, 2007; 2007, No. 157 (Adj. Sess.), § 5, eff. May 20, 2008; 2009, No. 48, § 2, eff. May 28, 2009.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2926. Classes and grades

§ 2926. Classes and grades
The Commission may accept established and defined classes and grades of fluid dairy products or may establish classes and grades. It shall specify to what classes or grades the prices fixed under section 2925 of this title shall apply. (Added 1965, No. 175, § 44; amended 1991, No. 17, § 8(a), eff. April 4, 1991.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2927. Interstate conferences and compacts

§ 2927. Interstate conferences and compacts
The Commission shall have power to confer and agree with legally constituted similar boards or authorities of other states, or agencies of the federal government, and to adopt necessary rules to effect a uniformity in regulation and ensure an adequate and proper supply of fluid dairy products in Vermont; also to confer with similar boards or other authorities of other states or of the United States with respect to uniform milk control of milk produced in this State and handled in interstate commerce and may exercise all the powers set forth in this section for such purpose as well as, but not limited by, the following powers:
(1) To conduct joint investigations and hearings and to issue joint or concurrent orders or enter into agreements or compacts subject to congressional approval and amendments to agreements or compacts. Also to employ or designate a joint agent or agencies to enforce such order or compacts. No such compact or order or any amendment to such order shall be effective, however, until the Commission finds that it is approved by two- thirds of the producers of this State whose milk is consumed in whole or in part in an area designated by the compact.
(2) To make rules and orders and prescribe procedures for ascertaining approval of producers, where required, by stipulation, direct referendum, or otherwise as the commission may determine.
(3) To require payment by handlers of their pro rata shares of the expenses involved in the operation of such order or compact.
(4) To provide for classification of milk in accordance with the form in which it is used or moved with uniform minimum prices or methods of fixing such prices for each class; for payment to all producers and associations of producers delivering milk to handlers of uniform prices irrespective of the use made by the handler to whom delivered, subject to adjustments for grade, location, and butterfat content; for adjustment by the handlers with the joint agent in order to ensure uniformity in and equalization of prices as between producers and handlers; compensation for services to producers; and to make such joint rules by compact or otherwise as may be incidental to the foregoing and not inconsistent thereto and as may be necessary to effectuate the powers enumerated in this section. (Added 1965, No. 175, § 45; amended 1991, No. 17, § 8(a), eff. April 4, 1991; 2017, No. 113 (Adj. Sess.), § 30; 2021, No. 105 (Adj. Sess.), § 126, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2931. Rehearing of orders and decisions

§ 2931. Rehearing of orders and decisions
(a) Within 20 days after any final order or decision has been made by the Commission, any party to the action or proceeding before the Commission, or any person directly affected thereby, may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefor. The Commission may grant the rehearing if in its opinion good reason for rehearing is stated in the motion.
(b) The motion shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from any order or decision of the Commission shall be taken unless the appellant shall have made application for rehearing as provided in this section. When the application has been made, no ground not set forth in the application shall be urged, relied on, or given any consideration by the court, unless the court for good cause shown allows the appellant to specify additional grounds. (Added 1965, No. 175, § 51; amended 1991, No. 17, § 8(a), eff. April 4, 1991; 2007, No. 157 (Adj. Sess.), § 8, eff. May 20, 2008; 2021, No. 105 (Adj. Sess.), § 128, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2932. Determination of motion for rehearing

§ 2932. Determination of motion for rehearing
Upon the filing of a motion for rehearing, the Commission shall within ten days either grant or deny the motion, or suspend the order or decision complained of pending further consideration. (Added 1965, No. 175, § 52; amended 1991, No. 17, § 8(a), eff. April 4, 1991; 2007, No. 157 (Adj. Sess.), § 9, eff. May 20, 2008.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2933. Appeal to Supreme Court

§ 2933. Appeal to Supreme Court
When any application for a rehearing is denied, or if the applicant is aggrieved at the decision on rehearing, the applicant may appeal to the Supreme Court. (Added 1965, No. 175, § 53; amended 1971, No. 185 (Adj. Sess.), § 18, eff. March 29, 1972.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2935. Prohibition; administrative penalty; injunctive relief

§ 2935. Prohibition; administrative penalty; injunctive relief
(a) Any handler or distributor that buys, offers to buy, sells, or transfers ownership of milk in any form at any price or for any consideration that is less than the price or prices set by rule of the Commission may be assessed an administrative penalty by the Secretary, in accordance with the standards and procedures set forth in sections 15, 16, and 17 of this title, in an amount not to exceed $10,000.00 for each violation and not to exceed $50,000.00 per day for multiple violations in a single transaction or a series of related transactions.
(b) The Commission, through the Secretary, may seek appropriate injunctive relief to enforce the provisions of this chapter. (Added 1991, No. 17, § 6, eff. April 4, 1991; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2936. Reports from milk handlers; release of information by handlers

§ 2936. Reports from milk handlers; release of information by handlers
(a) In order that the Commission has adequate information available to proceed under this chapter, as a condition of a handler’s license, the Commission may require from a handler:
(1) information on a time schedule established by the Secretary from handlers showing the prices paid to purchase various forms of milk from Vermont producers, the costs of production, processing, transporting, distributing, and marketing milk, together with any other information deemed necessary and relevant by the Commission; and
(2) that each milk handler licensed pursuant to section 2721 of this title execute a release with the federal market order administrator authorizing the Secretary and the Commission to obtain all production data that in the discretion of the Secretary and Commission is deemed relevant and necessary.
(b) The Commission shall keep information received under this section confidential except as necessary for the adoption of rules or enforcement actions. (Added 1991, No. 17, § 7, eff. April 4, 1991; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2937. Periodic report

§ 2937. Periodic report
The Commission may report as needed on its activities to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture. (Added 2007, No. 50, § 5, eff. May 26, 2007; amended 2019, No. 61, § 15; 2023, No. 6, § 56, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 161 - Vermont Milk Commission › § 2938. Fund established

§ 2938. Fund established
The Vermont Milk Commission Fund is established in the State Treasury and shall be administered by the Secretary of Agriculture, Food and Markets in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund shall be retained in the Fund. Proceeds from this chapter shall be deposited into the Fund. The Fund shall be used as necessary for the purposes of this chapter. The Treasurer shall distribute funds as directed by the Commission. (Added 2007, No. 157 (Adj. Sess.), § 10, eff. May 20, 2008.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 162 - Agricultural Development › § 2963. Agricultural Development Division

§ 2963. Agricultural Development Division
(a) A division of agricultural development is created within the Agency of Agriculture, Food and Markets as the successor to and the continuation of the Agricultural Markets Development Division.
(b) The Development Division may:
(1) assist individuals and organizations in developing ways that will increase the agricultural use of Vermont lands and other agricultural resources;
(2) assist in maintaining a price reporting system to service the agricultural community of Vermont;
(3) develop and maintain a directory of producers of food, livestock, and fiber products;
(4) identify and develop new markets for agricultural products and assist in the development of new products that might play a significant part in the expansion of agriculture in Vermont;
(5) assist in developing the Vermont product identification program created in section 2964 of this title;
(6) develop an advertising program for Vermont agricultural products; and
(7) assist in the promotion of research on agricultural products. (Added 1975, No. 217 (Adj. Sess.), § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 6, § 57, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 162 - Agricultural Development › § 2964a. Spring or artesian water; labels

§ 2964a. Spring or artesian water; labels
(a) A bottler of spring or artesian water may apply to the Secretary of Agriculture, Food and Markets for a specially designated identification label to indicate that the water originated and was bottled in Vermont and that it complies with any quality requirements adopted by the Agency. The bottler requesting the labels shall annually pay a minimum fee of $20.00 and the cost of all labels requested. The bottler shall also obtain approval from the Department of Environmental Conservation under 10 V.S.A. § 1673 to qualify for a label under this subsection.
(b) The labels provided for in this section shall be designed and issued by the Agency of Agriculture, Food and Markets and shall not be similar to the labels issued under section 2964 of this title.
(c) Funds received under this section shall be retained by the Agency for administration of this section in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5.
(d) A person who fraudulently utilizes the labels issued under this section, who willingly allows another to use the labels fraudulently, or who applies the labels to water that does not meet quality standards adopted by the Secretary shall be fined not more than $500.00 for each offense. In the case of a continuing violation, each day the offense continues shall constitute a separate offense, with the maximum amount of fine assessed not to exceed $10,000.00 per violation. (Added 1993, No. 47, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 162 - Agricultural Development › § 2965. Misuse of labels; penalty

§ 2965. Misuse of labels; penalty
(a) No person shall use, nor allow another person to use, an identification label designed and issued by the Secretary under section 2964 of this title without authorization of the Secretary.
(b) A person who violates this section commits a civil violation and shall be assessed a penalty of not less than $500.00.
(c) In addition to the penalties set forth in this section, the Secretary may take any action authorized under 6 V.S.A. chapter 1 to enforce the requirements of section 2964 of this title and the rules adopted pursuant to that section. (Added 1975, No. 217 (Adj. Sess.), § 2; amended 1983, No. 13, § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 78 (Adj. Sess.), § 6c.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2971. Creation of Council

§ 2971. Creation of Council
(a) There is established within the Agency of Agriculture, Food and Markets the Vermont Dairy Promotion Council, which shall be composed of the Secretary of Agriculture, Food and Markets and the following: each milk cooperative with producers subject to the provision of the law with two percent or more of the total producers, shall be entitled to one member of the council plus one additional member for each 15 percent of the total milk subject to the provisions of this section.
(b) The milk cooperatives shall provide the Secretary of Agriculture, Food and Markets with two nominees for each entitlement of whom one shall be appointed by the Secretary. The second nominee shall become an alternate to serve in the absence of the appointee. The Secretary of Agriculture, Food and Markets shall appoint three producer members to the council and one alternate to serve in the absence of any one of these three members to represent those producers not members of a milk cooperative and those cooperatives not eligible under the terms of this section, and one distributor representative, after seeking the advice of producer associations, distributor associations, and individual producers and distributors within the State. During the month of February, six members shall be appointed for a one-year term and the balance for a two-year term. Thereafter one-half of the members shall be appointed annually. The council shall serve at the discretion of the Secretary. A milk producer who is serving on the Vermont dairy promotion council shall not be a member of the Agency disbursing the funds. The appointive members shall each receive $75.00 per day for each day spent in actual attendance at meetings of the council, but not exceeding a total compensation of $750.00 per annum for each member, and they also shall receive their actual necessary expenses and mileage while attending to their duties. The Secretary shall serve as chair of the Council and administer and enforce the provisions of this chapter. (Added 1965, No. 175, § 58; amended 1979, No. 101 (Adj. Sess.), § 4; 1981, No. 198 (Adj. Sess.), § 4, eff. April 22, 1982; 1989, No. 256 (Adj. Sess.), §§ 4, 10(a), eff. Jan. 1, 1991; 1991, No. 232 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 7, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2981. Rate and collection of assessment

§ 2981. Rate and collection of assessment
(a) Each producer shall pay each month an assessment of $0.10 per hundredweight from the price paid to the producer for milk produced by him or her and received by a handler. The funds shall be deducted from the producer’s check, and the deduction identified on the producer’s statement furnished by the handler. Notwithstanding the provisions of section 10 of this title, the assessment on the producer imposed by this subchapter shall be collected by and paid to the Secretary of Agriculture, Food and Markets of the State of Vermont, and shall be paid by him or her to the Treasurer of the State of Vermont, to be held by the Treasurer in a separate account entitled “Vermont Dairy Promotion Fund.” The interest earned by the Fund shall be retained as part of the Fund and shall be disbursed as provided by the provisions of this subchapter. Each handler receiving milk from a producer shall be liable for the assessment due under this subchapter from the producer; and each handler shall withhold from monies due any producer the assessment due from that producer to the State under this subchapter, shall be responsible to the Secretary for the payment and collection thereof, and shall not be liable to the producer or to any other person for the amount of the payment if the payment is paid to the State.
(b) [Repealed.] (Added 1965, No. 175, § 61; amended 1966, No. 52 (Sp. Sess.), § 1, eff. March 12, 1966; 1979, No. 101 (Adj. Sess.), § 5; 1981, No. 198 (Adj. Sess.), § 5, eff. April 22, 1982; 1987, No. 6, § 2, eff. April 1, 1987; 1989, No. 256 (Adj. Sess.), § 5, eff. Jan. 1, 1991; 1991, No. 232 (Adj. Sess.), § 4; 1999, No. 49, § 123; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 157 (Adj. Sess.), § 12, eff. May 20, 2008; 2015, No. 149 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2983. Tax withholding agreement as condition for license

§ 2983. Tax withholding agreement as condition for license
No person shall be granted a handler’s license unless he or she first agrees to withhold for the account of the State the tax imposed under this subchapter upon producers whose milk he or she has received. (Added 1965, No. 175, § 63.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2984. Milk received by more than one handler

§ 2984. Milk received by more than one handler
In case the same milk is received by more than one handler, the first handler handling or receiving milk shall be the handler within the meaning of this chapter. (Added 1965, No. 175, § 64.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2985. Transactions outside Vermont

§ 2985. Transactions outside Vermont
Any transaction between a producer and a handler relating to milk or dairy products produced in Vermont is subject to the operation of this chapter whether a contract or sale is set forth or claimed to be entered into, or to have been entered into, outside Vermont. (Added 1965, No. 175, § 65.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2986. Payment of assessment

§ 2986. Payment of assessment
Each licensed handler and distributor shall pay the sums required with respect to each producer’s payment received by him or her and the distributor’s fee to the Secretary of Agriculture, Food and Markets by monthly payments, and shall file monthly reports on forms provided by the Secretary for this purpose of all matters of account for which a record is required to be kept. These payments and reports shall be due not later than the 28th day of the month following the month for which the payments and reports are made. A penalty of one percent per month on overdue payments shall be collected by the Secretary. (Added 1965, No. 175, § 66; amended 1979, No. 101 (Adj. Sess.), § 7; 1981, No. 198 (Adj. Sess.), § 7, eff. April 22, 1982; 1991, No. 232 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2987. Use of Dairy Promotion Fund

§ 2987. Use of Dairy Promotion Fund
(a) No expense of the Council shall be paid out of any funds of the State except from the Dairy Promotion Fund, which Fund shall be subject at all times to the accounting controls of the State. The Dairy Promotion Fund may be used only for the costs of the collection of taxes imposed under this chapter and for the administration of this chapter, and the State Treasurer shall pay over to the Council upon order of the Council such funds as the Council may require.
(b) [Repealed.]
(c) The balance of the Fund shall be used for promotional and educational purposes, experimental planning, research, advertising, and the necessary compensation and expenses of the Council.
(d) Any balance remaining at the close of any fiscal year shall be carried forward for the same purpose in the following year. (Added 1965, No. 175, § 67; amended 1989, No. 256 (Adj. Sess.), § 7, eff. Jan. 1, 1991; 1991, No. 232 (Adj. Sess.), § 6; 2007, No. 157 (Adj. Sess.), § 13, eff. May 20, 2008; 2021, No. 105 (Adj. Sess.), § 130, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2988. Referendum

§ 2988. Referendum
(a) The following percent of the itemized groups of producers and distributors may petition the Secretary for a referendum to determine whether assessments for their milk promotion program under section 2981 of this title shall continue or discontinue for their group:
(1) 25 percent of Vermont producers who are producing milk for consumption in Vermont;
(2) 15 percent of Vermont producers who are producing milk for out-of-state consumption; or
(3) 30 percent of Vermont distributors who purchase milk for retail sale in Vermont.
(b) The Secretary, upon receiving a petition for a referendum from any itemized group referred to in subsection (a) of this section, shall establish a committee of members of that group as provided in subsection (c) of this section. The committee shall direct the Secretary to send secret ballots to all producers or distributors who are members of that group and tally the results of the vote.
(c) The voting committee shall consist of the following:
(1) two members from the group referred to in subdivision (a)(1) of this section;
(2) three members from the group referred to in subdivision (a)(2) of this section; and
(3) two members from the group referred to in subdivision (a)(3) of this section.
(d) Milk producers and distributors referred to in subsection (a) shall be eligible to vote only on a referendum that relates to an assessment on a group of which they are a member. A referendum shall be considered approved by a majority of the members of that group who participate in the vote.
(e) Any time after two years from the effective date of a previous referendum vote by a particular group to continue or discontinue the assessment, members of the group as provided in subsection (a) may petition the Secretary to determine whether the assessment on that group should continue or discontinue. The referendum shall be conducted and the results determined in accordance with the provisions of this section. A referendum to recommend an assessment program should be conducted in the same manner.
(f) All administration costs associated with the referendum vote shall be assessed against the Vermont Dairy Promotion Fund. (Added 1979, No. 101 (Adj. Sess.), § 9; amended 1981, No. 198 (Adj. Sess.), § 9, eff. April 22, 1982; 1989, No. 256 (Adj. Sess.), § 8, eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 7, eff. May 19, 2011.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 163 - Vermont Dairy Promotion Council; Producer Tax › § 2989. Interstate orders for compacts

§ 2989. Interstate orders for compacts
The Secretary is authorized to confer and cooperate with the legally constituted authorities of other states and of the United States with respect to the issuance and operation of joint and concurrent dairy promotion orders or other activities tending to carry out the declared intent of the act. The Secretary may join with such other authorities in conducting joint investigations, holding joint hearings and issuing joint or concurrent order or orders complementary to those of the federal government and shall have the authority to employ or designate a joint agent or joint agencies to carry out and enforce such joint, concurrent, or supplementary orders. (Added 1979, No. 101 (Adj. Sess.), § 10; amended 1981, No. 198 (Adj. Sess.), § 10, eff. April 22, 1982; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3021. Definitions

§ 3021. Definitions
As used in this chapter:
(1) “Abandoned apiary” means any apiary in this State whose location has not been registered with the Secretary and for which the owner cannot be located after reasonable effort.
(2) “Apiary” means a place where one or more colonies of bees are kept and shall include hives and bees.
(3) “Bee” means the insect commonly known as the honey bee (apis mellifera), or other species of the genus apis, at any stage of its existence, including the egg, larval, pupal, or adult stages.
(4) “Brood comb” means a structure of cells composed of beeswax in which bees lay their eggs and in which immature bees are reared.
(5) “Colony” means the hive and its equipment, including bees, comb, and honey.
(6) “Secretary” means the Secretary of the Agency of Agriculture, Food and Markets.
(7) “Agency” means the Vermont Agency of Agriculture, Food and Markets.
(8) “Destroy” means to burn bees, combs, and frames, or other equipment that cannot be disinfected by scorching or other approved methods.
(9) “Disease” shall mean any serious malady that is infectious, contagious, or injurious to bees and shall include American foulbrood, European foulbrood, or external or internal parasites or parasitoids of bees.
(10) “Equipment” means hives, supers, and frames.
(11) “Hive” means frame, hive, box hive, box, barrel, log gum, skep, or other receptacle or container, natural or artificial, or any part thereof, that is used or employed as a domicile for bees.
(12) “Honeycomb” means a structure of cells composed of beeswax in which bees store honey.
(13) “Inspector” means any person designated by the Secretary to inspect apiaries and enforce this chapter.
(14) “Owner” means a person who in any way owns, leases, possesses, or otherwise controls an apiary, colony, hive, bees, or equipment and shall include the agent of such person.
(15) “Person” shall include all corporations, partnerships, associations, societies, individuals or group of individuals, or any employee, servant, or agent acting for or employed by any person as defined in this subdivision. (Added 1983, No. 83, § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3022. Enforcement; inspection

§ 3022. Enforcement; inspection
(a) The Secretary shall enforce the provisions of this chapter.
(b) Any person who is the owner of any bees, apiary, colony, or hive shall pay a $10.00 annual registration fee for each apiary. The fee revenue shall be collected by the Secretary and credited to the Pesticide Monitoring Revolving Fund under section 929 of this title to be used to offset the costs of inspection services and to provide educational services and technical assistance to beekeepers in the State. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 191 (Adj. Sess.), § 31; 2015, No. 57, § 26, eff. June 11, 2015; 2019, No. 35, § 7.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 172 - Inspection of Apiaries › § 3023. Registration; report

§ 3023. Registration; report
(a) Registration. A person who is the owner of any bees, apiary, colony, or hive in the State shall register with the Secretary in writing on a form provided by the Secretary.
(b) Report. Annually the owner of any bees, apiary, colony, or hive registered under subsection (a) of this section shall submit a report to the Secretary that includes all of the following information:
(1) The location of all apiaries and number of colonies that the person owns. The location of an apiary shall become its registered location, provided that the apiary is located in accordance with the requirements of section 3034 of this title.
(2) Whether a disease was discovered within any hive or colony in a registered apiary.
(3) Whether the owner transported into the State any colonies or used equipment.
(4) Whether the owner is engaged in the rearing of queen bees or any other bees for sale.
(5) A current varroa mite and pest mitigation plan for each registered apiary.
(c) Notification of Secretary. The owner of any bees, apiary, colony, or hive registered under subsection (a) of this section shall notify the Secretary as soon as practicable of the detection within an apiary or hive of American foulbrood disease or other disease designated by the Secretary. (Added 1983, No. 83, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 35, § 3; 2019, No. 129 (Adj. Sess.), § 5; 2023, No. 73, § 6, eff. July 1, 2023.)