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2023 Vermont Statutes › Title 6 - Agriculture › Chapter 34 - Hemp › § 569. Administrative penalties

§ 569. Administrative penalties
(a) Except for violations set forth under subsection (b) of this section, the Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation, for any violation of this chapter or rules adopted under this chapter, including:
(1) failure to provide the location of the land on which the grower grows hemp crops or the processor processes hemp crops into hemp products or hemp-infused products; or
(2) failing to obtain a registration in accordance with section 570 of this title.
(b) The Secretary may assess an administrative penalty, not to exceed $5,000.00 per violation in any case in which the Secretary determines that a grower or processor:
(1) failed to follow a corrective action plan to correct a negligent violation;
(2) has grown or processed hemp in violation of the requirements of this chapter or the rules adopted under this chapter three times in a five-year period; or
(3) has produced hemp in violation of the requirements of this chapter or the rules adopted under this chapter with a culpable mental state greater than negligence.
(c) In determining the amount of the penalty assessed under this section, the Secretary may give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the person alleged to be in violation, and the overall compliance history of the person alleged to be in violation.
(d) The Secretary shall use the following procedure in assessing penalties:
(1) The Secretary shall issue a written notice of violation setting forth facts that would establish probable cause that a violation of this chapter or the rules adopted under this chapter has occurred.
(2) The notice required under subdivision (1) of this subsection shall comply with all of the following:
(A) The notice shall be served by personal service or by certified mail, return receipt requested.
(B) The notice shall advise the recipient of the right to a hearing. If a hearing is requested, the hearing shall be conducted pursuant to 3 V.S.A. chapter 25.
(C) The notice shall state the proposed penalty and shall advise the recipient that, if no hearing is requested, the decision of the Secretary shall become final and a penalty shall be imposed.
(D) The notice shall advise the recipient that they shall have 15 days from the date on which notice is received to request a hearing.
(e) Any party aggrieved by a final decision of the Secretary may appeal to a Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court. (Added 2019, No. 44, § 1, eff. May 30, 2019; amended 2023, No. 6, § 42, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 34 - Hemp › § 570. Registration fees

§ 570. Registration fees
(a) A person applying for a registration or renewal under section 564 of this title annually shall pay the following fees:
(1) for an application to grow less than 0.5 acres of hemp for personal use: $25.00;
(2) for an application or renewal of registration to grow or process hemp seed for food oil production, grain crop, fiber, or textile: $100.00;
(3) except as provided for in subdivision (4) of this subsection, for an application or renewal of registration to grow, process, or grow and process hemp commercially for floral material production, viable seed, or cannabinoids, including cannabidiolic acid (CBDA), cannabidiol (CBD), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), or tetrahydrocannabivarin (THCV), the following fee based on the greater of the number of acres planted or the weight of hemp or viable seed processed:
(4) for an application or renewal of registration to operate exclusively within an indoor facility in order to grow, process, or grow and process hemp commercially for floral material production, viable seed, or cannabinoids, including cannabidiolic acid (CBDA), cannabidiol (CBD), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), or tetrahydrocannabivarin (THCV), the following fee based on the size of the indoor facility:
(A) for a facility with an area of 500 square feet or less: $1,000.00; and
(B) for a facility with an area greater than 500 square feet: $2,000.00.
(5) for an application or renewal of registration as a laboratory certified to conduct testing of hemp and hemp products as part of the Agency’s cannabis control program: $1,500.00.
(b) A person registered to grow, process, or grow and process hemp for floral material production, viable seed, or cannabinoids shall not grow more acres of hemp per year than the amount identified in a registration without first notifying the Secretary and paying an additional registration fee if necessary under subsection (a) of this section.
(c) The registration fees collected under this section shall be deposited in the special fund created by subsection 364(f) of this title and shall be used for the administration of the requirements of this chapter. (Added 2019, No. 44, § 1, eff. May 30, 2019; amended 2021, No. 41, § 10b.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 611. Service for certification of seed; standards and rules

§ 611. Service for certification of seed; standards and rules
(a) The Secretary of Agriculture, Food and Markets shall establish and make available to the people of the State a service for the inspection of fields of potatoes for the purpose of certifying the product thereof for seed purposes. The Secretary shall have authority to establish certification standards that shall specify the maximum percentages of diseases and other defects that will be permitted in fields the product of which is certified for seed. The Secretary shall also have authority to adopt rules regarding the growing, roguing, grading, and shipping of certified seed potatoes and the conditions under which the service shall be available and a certificate granted.
(b) The Secretary of Agriculture, Food and Markets may also make available to the people of the State a service for the certification of seed grains, grass crops, legumes, and vegetables.
(c) This chapter requires the identification of seeds that have been genetically engineered. The purpose of such identification is to help avoid adverse effects on the potential benefits of genetic engineering technologies and on the conservation and sustainable use of biological diversity through the use of such seeds. (Amended 1999, No. 49, § 109; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 1, eff. Oct. 1, 2004; 2015, No. 23, § 72.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 613. Assistants

§ 613. Assistants
The Secretary shall employ assistants to enable the Secretary to make inspections of potato or other fields enrolled under the rules referred to. (Amended 1999, No. 49, § 110; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 80, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 614. Certificates; tags for containers; shipping inspectors

§ 614. Certificates; tags for containers; shipping inspectors
When the inspections are completed, the Secretary shall issue to growers whose fields qualify for certification under the adopted standards and rules a certificate showing the percentage of objectionable diseases found at the time of each inspection and any other information deemed necessary. This certificate shall also contain the standards and rules in accordance with which it is issued and shall be signed by the Secretary and the inspectors who made the inspections. At the expense of the owner, the Secretary may issue appropriate tags for use on containers in which certified seed is packed. The Secretary may appoint such persons as he or she deems necessary to serve as shipping inspectors of certified seed potatoes or other certified seeds. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 81, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 616. Fees

§ 616. Fees
(a) The Secretary shall have authority to assess growers who apply for the certification privilege a fee per acre, to be paid in one or more installments.
(b) Growers shall be assessed $35.00 for the first five acres inclusive. Over five acres shall be assessed $35.00 plus $3.00 per acre over five acres.
(c) Payment for certification shall be based upon the following schedule:
(1) The application for certification shall be accompanied by 60 percent of the certification fee. The balance, or 40 percent of the certification fee, shall be payable not later than 90 days after the bill is rendered. Certification shall be withheld until all fees have been paid.
(2) The balance, 40 percent, of the certification shall be waived if the field is rejected upon field inspection or if no crop is harvested for reasons beyond the grower’s control. (Amended 1999, No. 49, § 111; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 7; 2021, No. 105 (Adj. Sess.), § 82, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 617. Denial of use of certification service

§ 617. Denial of use of certification service
The Secretary shall also have authority to deny further use of the certification service to a person who, in the Secretary’s judgment, has violated the provisions of this subchapter relating to certification of seeds and seed potatoes or rules adopted in accordance therewith. Failure upon the part of a grower or shipper of certified seed potatoes or of potatoes enrolled for certification or of other certified seeds to pay for inspections may be considered as a violation within the meaning of this section. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 83, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 618. Penalty

§ 618. Penalty
A person who by himself or herself or his or her agent uses a certificate, issued by the Secretary, for the purpose of fraudulently selling potatoes or seeds that in fact are not qualified for sale under such certificate or who knowingly uses a certification tag, issued by the Secretary, on a package the contents of which have not been passed for certification under the provisions of this subchapter shall be fined not more than $200.00 for each offense. (Amended 1999, No. 49, § 112; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 641. Definitions

§ 641. Definitions
As used in this chapter:
(1) “Agricultural seed” includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized as agricultural seeds, lawn seeds, and combinations of such seeds, and may include noxious weed seeds used as agricultural seed.
(2) “Secretary” means the Secretary of Agriculture, Food and Markets or his or her designee.
(3) “Agency” means the Agency of Agriculture, Food and Markets.
(4) “Flower seed” includes seed of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seed.
(5) “Labeling” includes tags or other devices attached to, or written, stamped, or printed on, any container or accompanying any lot of seeds.
(6) “Noxious weed seeds” include:
(A) “Prohibited noxious weed seeds,” or those weed seeds that are prohibited from being present in agricultural and vegetable seed. They are the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides.
(B) The term “restricted noxious weed seeds,” or those weed seeds that are objectionable in agricultural crops, lawns, and gardens of this State and that are difficult to control by good cultural practices or the use of herbicides.
(7) “Vegetable seeds” include the seeds of those crops that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State.
(8) “Weed seeds” mean the seeds of all plants generally recognized as weeds within this State and include noxious weed seeds.
(9) “Genetically engineered (GE) seed” means seed produced using a variety of methods, as identified by the National Organic Program of the U.S. Department of Agriculture, used to modify genetically organisms or influence their growth and development by means that are not possible under natural conditions or processes. Such methods include cell fusion, microencapsulation and macroencapsulation, and recombinant DNA technology (including gene deletion, gene doubling, introducing a foreign gene, and changing the positions of genes when achieved by recombinant DNA technology). Such methods do not include the use of traditional breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture.
(10) “Genetically engineered plant part” means a whole plant or plant part, including scions intended for planting, that contains material derived from a GE seed or is itself produced using the methods described in subdivision (9) of this section. (Added 1989, No. 85, § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 2, eff. Oct. 1, 2004.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 642. Duties and authority of the Secretary

§ 642. Duties and authority of the Secretary
(a) The Secretary shall enforce and carry out the provisions of this subchapter, including:
(1) Sampling, inspecting, making analysis of, and testing seeds subject to the provisions of this subchapter that are transported, sold, or offered or exposed for sale within the State for sowing purposes. The Secretary shall notify promptly a person who sells, offers, or exposes seeds for sale and, if appropriate, the person who labels or transports seeds of any violation and seizure of the seeds or order to cease sale of the seeds under section 643 of this title.
(2) Making or providing for purity and germination tests of seed for farmers and dealers on request and to fix and collect charges for the tests made.
(3) Cooperating with the U.S. Department of Agriculture and other agencies in seed law enforcement.
(4) Prior to sale, distribution, or use of a new genetically engineered seed in the State and after consultation with the Agricultural Innovation Board under section 4964 of this title, review the traits of the new genetically engineered seed. The Secretary may prohibit, restrict, condition, or limit the sale, distribution, or use of the seed in the State when determined necessary to prevent an adverse effect on agriculture in the State.
(b) The Secretary shall establish rules to carry out the provisions of this subchapter, including those governing the methods of sampling, inspecting, analyzing, testing, and examining seeds and reasonable standards for seed.
(c) [Repealed.] (Added 1989, No. 85, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 83, § 18; 2021, No. 49, § 7, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 643. Enforcement

§ 643. Enforcement
(a) To enforce the provisions of this subchapter, the Secretary, upon presenting appropriate credentials, may:
(1) Enter upon any premises where seeds are processed, packed, or held for distribution, during regular business hours, in order to have access to seeds and associated records subject to this subchapter, and inspect any truck or other conveyor by land, water, or air, at any time when the conveyor is accessible, for the same purpose.
(2) Issue and enforce a written or printed “stop sale” order to the owner or custodian of any lot of seed subject to the provisions of this subchapter that the Secretary finds is in violation of any of the provisions of this subchapter. The order shall prohibit further sale, processing, and movement of the seed, except on approval of the Secretary, until the Secretary has issued a release from the “stop sale” order of the seed. The owner or custodian of seed for which a “stop sale” has been issued shall have the right to request a hearing in writing before the Secretary within 15 days of the issuance of the order.
(b) This section shall not be construed to limit the authority of the Secretary to obtain a search warrant. (Added 1989, No. 85, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 644. Label requirements for agricultural, flower, and vegetable seeds

§ 644. Label requirements for agricultural, flower, and vegetable seeds
(a) Each container of agricultural, flower, and vegetable seeds that is sold in this State for sowing purposes shall be labeled.
(1) All labels shall include:
(A) the name of the kind of each agricultural, flower, grass, and vegetable seed present;
(B) the lot number or other lot identification;
(C) for agricultural and grass seed, the percent by weight of all weed seeds, crop seeds, and inert matter;
(D) the percent germination of agricultural and grass seed, exclusive of hard seed; the percentage by weight of hard seed; and the calendar month and year the test was completed; and
(E) the name and address of the labeler or distributor.
(2) For all seeds that have been treated, the label shall include a word or statement indicating that the seed has been treated with the commonly accepted chemical or abbreviated chemical name of the applied substance. A caution statement shall be set forth if the substance in the amount present is harmful to human or other vertebrate animals. The caution for toxic substances shall be a poison statement or symbol.
(3) For seed treated with an inoculant, the label shall state the date of expiration of the inoculant.
(4) For all seed containing genetically engineered material, the manufacturer or processor shall cause the label or labeling to specify the identity and relevant traits or characteristics of such seed, plus any requirements for their safe handling, storage, transport, and use; the contact point for further information; and, as appropriate, the name and address of the manufacturer, distributor, or supplier of such seed.
(b) The Secretary may adopt rules for labeling procedures consistent with the provisions of this section, which take into account origin, presence of weed seed, mixtures, hermetically sealed containers, coated seed, “crop seeds,” genetically engineered material, genetically engineered plant parts, hybrids, germination medium, and preplanted containers. (Added 1989, No. 85, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 3, eff. Oct. 1, 2004; 2003, No. 149 (Adj. Sess.), § 13, eff. Oct. 2, 2004; 2023, No. 6, § 43, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 645. Records

§ 645. Records
Each person whose name appears on a label as handling agricultural, flower, or vegetable seed subject to this subchapter shall keep for a period of two years complete records of each lot of agricultural, flower, and vegetable seed handled and keep for one year a file sample of each lot of seed after final disposition of the lot. All records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Secretary during customary business hours under section 643 of this title. (Added 1989, No. 85, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 646. Exemptions

§ 646. Exemptions
(a) The provisions of sections 644, 645, and 647 of this title shall not apply:
(1) To seed or grain not intended for sowing purposes.
(2) To seed in storage in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing, provided that the invoice or labeling accompanying any shipment of such seed bears the statement “seeds for processing.” Any labeling or other representation that may be made with respect to the uncleaned or unprocessed seed shall be subject to section 644 of this title.
(3) To any carrier of seed transported or delivered for transportation in the ordinary course of its business as a carrier, provided that such carrier is not engaged in producing, processing, or marketing seeds subject to the provisions of this subchapter.
(b) No person shall be subject to the penalties of this subchapter for having sold or offered for sale seeds subject to provisions of this subchapter that were incorrectly labeled or represented as to kind, species, and subspecies; variety; type; or origin, unless the person has failed to obtain an invoice, genuine grower’s declaration, or other labeling information or to take such other reasonable precautions to ensure that the identity of the seed is set forth. “Genuine grower’s declaration” means a statement signed by the grower that gives for each lot of seed the lot number, kind, variety (if known), origin, weight, year of production, date of shipment, and to whom the shipment was made. (Added 1989, No. 85, § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 647. Administrative penalties

§ 647. Administrative penalties
(a) The Secretary may assess administrative penalties, not to exceed $250.00 for each offense, in any case he or she determines that a person has committed any of the following violations:
(1) sold seed products without paying the seed inspection fees for hundredweight or seed registration under section 648 of this title;
(2) sold seed products within the State of Vermont found deficient in guarantee analysis and labeling as defined by rule; or
(3) violated a stop sale order.
(b) In determining the amount of the penalty assessed under this subsection, the Secretary shall consider the appropriateness of the penalty with respect to the size of the business being penalized, the gravity of the violation, the good faith of the person, and overall history of prior violations.
(c) The Secretary shall use the following procedure in assessing penalties:
(1) a written notice of violation shall be issued setting forth facts establishing probable cause that a violation has occurred. The notice shall be served by personal service or by certified mail, return receipt requested;
(2) the notice shall advise the person of the right to a hearing before the Secretary. If a hearing is requested, it shall be conducted pursuant to 3 V.S.A. chapter 25;
(3) the notice shall identify the proposed penalty and declare that the decision shall become final and the penalty imposed if no hearing is requested; and
(4) the recipient of the notice shall have 15 days from the date on which notice is received to request a hearing.
(d) Any party aggrieved by the decision of the Secretary after hearing may appeal to a Superior Court within 30 days of the decision by the Secretary.
(e) The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court. The Secretary may, subject to the provisions of 3 V.S.A. chapter 25, suspend or revoke the right to sell seed in this State pursuant to this chapter for failure to pay a penalty within 60 days after the penalty becomes final.
(f) Each violation shall be a separate and distinct offense. In the case of a continuing violation, each day’s continuance shall be deemed a separate and distinct offense. (Added 1989, No. 85, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 35 - Seeds › § 648. Inspections

§ 648. Inspections
(a) Inspection fees shall be paid to the Secretary by a manufacturer or processor that distributes seed in the State. Fees shall be established as follows:
(1) $10.00 per ton for any seed sold in containers of more than 10 pounds; and
(2) a flat fee of $85.00 per company for any seed sold.
(b) The following shall be exempt from the inspection fee requirements:
(1) seed not intended for sowing purposes;
(2) seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; and
(3) seed grown, sold, and delivered by a producer on his or her own premises for seeding purposes to the ultimate consumer, provided such seed has neither been advertised for sale nor been delivered via commercial carrier, and provided the seed contains no prohibited noxious weed seeds or not more than one restricted noxious weed seed per 2,000 of the seeds being sold.
(c) For those seeds sold in containers of more than 10 pounds, a report shall be filed annually on January 15 on forms supplied by the Secretary regarding sales during the previous calendar year, and fees based on the $10.00 per ton rate shall accompany the report. Reporting periods are January 1-June 30 and July 1-December 31.
(d) For those seeds sold in containers of 10 pounds or less, the fee of $85.00 per company shall be paid annually prior to distribution in the State. Fees shall be paid annually on January 1.
(e) All fees shall be deposited in the special fund created by subsection 364(f) of this title and used in accordance with its provisions.
(f) The Secretary may waive seed inspection fees under this chapter, based on the number of seed varieties sold, and for the sale of heirloom seed varieties.
(g) For seeds sold in Vermont that contain genetically engineered material, the manufacturer or processor distributing such seed in Vermont shall report annually on or before February 15 to the Secretary on forms supplied by the Secretary regarding sales during the previous calendar year.
(h) For agricultural seeds sold in Vermont, the manufacturer or processor distributing the seed in Vermont shall report annually on or before February 15 to the Secretary on forms supplied by the Secretary regarding the quantity of treated article seed and the quantity of untreated seed sold in Vermont during the previous calendar year. (Added 1989, No. 85, § 2; amended 1993, No. 13, § 3; 1999, No. 49, § 113; 2001, No. 143 (Adj. Sess.), § 36b, eff. June 21, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 4, eff. Oct. 1, 2004; 2015, No. 149 (Adj. Sess.), § 8; 2017, No. 74, § 7; 2019, No. 64, § 1; 2021, No. 41, § 10c; 2023, No. 6, § 44, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 37 - Unit Pricing › § 681. Definitions

§ 681. Definitions
As used in this chapter:
(1) “Secretary” means the Secretary of Agriculture, Food and Markets.
(2) “Consumer commodity” means any food, drug, device, or cosmetic and other article, product, or commodity of any other kind or class, except for drugs sold only by prescription:
(A) that are customarily produced for sale to retail sales agencies or instrumentalities for consumption by individuals, for use by individuals for purposes of personal care, or in the performance of services ordinarily rendered in or around the household; and
(B) that usually are consumed or expended in the course of such consumption or use.
(3) “Unit price” of a consumer commodity means the retail price of a consumer commodity expressed in terms of the retail price of such commodity per such unit of weight, measure, or count as the Secretary designates, computed to the nearest whole cent or fraction thereof as the Secretary designates. (Added 1971, No. 240 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 37 - Unit Pricing › § 682. Consumer information required

§ 682. Consumer information required
(a) Every person who sells, offers for sale, or exposes for sale at retail any aluminum foil, bread, carbonated soft drinks, cereals, cooking oils, dog or cat food, facial tissues, fish, fowl, fruits, grains, meats, napkins, plastic food wrapping, vegetables, waxed paper, or other consumer commodity designated by the Secretary shall disclose to the consumer the unit price of the consumer commodity as provided in this chapter.
(b) Every person who sells, offers for sale, or exposes for sale at retail any consumer commodity shall disclose to the consumer the total price of the consumer commodity as provided in this chapter. (Added 1971, No. 240 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 37 - Unit Pricing › § 683. Means of disclosure

§ 683. Means of disclosure
Persons subject to the requirements of section 682 of this title shall disclose the unit price and total price to consumers in one or more of the following appropriate ways:
(1) if the consumer commodity is so located that it is not conspicuously visible to the consumer, or if the consumer commodity is so located that the price information if displayed in accordance with subdivision (2) of this section would not be conspicuously visible to the consumer, by a sign or list bearing the price information, conspicuously placed near the point of procurement;
(2) by attachment of a stamp, tag, or label directly adjacent to the consumer commodity, on the shelf on which the commodity is displayed, or by stamping or affixing the price information on the commodity itself;
(3) in accord with rules adopted by the Secretary. (Added 1971, No. 240 (Adj. Sess.), § 3, amended 2003, No. 42, § 2, eff. May 27, 2003; amended 2021, No. 105 (Adj. Sess.), § 84, eff. July 1, 2022; 2023, No. 6, § 45, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 37 - Unit Pricing › § 685. Secretary’s powers

§ 685. Secretary’s powers
The Secretary shall:
(1) Designate by regulation those consumer commodities in addition to the consumer commodities specifically enumerated in subsection 682(a) of this title as to which display of the unit price shall be required, upon a determination that such display will be in the best interests of consumers.
(2) Designate by regulation the unit of weight, measure, or count in terms of which the unit price of each consumer commodity shall be expressed, provided that no designated unit shall be such as to require persons subject to the provisions of subsection 682(a) of this title to measure any consumer commodity solely for the purpose of complying with subsection 682(a) of this title.
(3) Designate by regulation whether the unit price of each consumer commodity subject to the provisions of subsection 682(a) of this title shall be expressed to the nearest whole cent or to an appropriate fraction thereof.
(4) Exempt by regulation classes of retail establishments from any or all requirements of this chapter upon a determination that, because sales of consumer commodities regulated by this chapter are purely incidental to the business of such classes of retail establishments, compliance with this chapter is impracticable and unnecessary for adequate protection of consumers.
(5) Prescribe by regulation means for the disclosure of price information upon determination that they are more effective than those prescribed in section 683 of this title.
(6) Adopt any other rules necessary to effectuate the provisions of this chapter, in accordance with the best interests of consumers.
(7) Adopt rules addressing the method of price disclosure in the sale of home food service plans, including not only the price of the commodities sold but the service costs or membership fees associated with such a purchase. These rules shall take precedence over any uniform regulation adopted by the National Conference on Weights and Measures and published by the National Institute of Standards and Technology. (Added 1971, No. 240 (Adj. Sess.), § 5; amended 1991, No. 200 (Adj. Sess.); 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 85, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 37 - Unit Pricing › § 686. Exceptions

§ 686. Exceptions
The requirements of this chapter shall not apply to sales of consumer commodities:
(1) At a retail store with less than 7,000 square feet of floor space dedicated to the sale of consumer commodities. This exception shall not apply to the sales agencies or instrumentalities of a company having two or more sales agencies or instrumentalities as parts of that company.
(2) For use or consumption on the premises where sold. (Added 1971, No. 240 (Adj. Sess.), § 6; amended 1989, No. 198 (Adj. Sess.), § 1, eff. Jan. 1, 1991.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 63 - Livestock-Related Businesses, Auctions, and Sales Rings › § 761. Definitions

§ 761. Definitions
As used in this chapter:
(1) “Livestock” means cattle, horses, sheep, swine, goats, camelids, fallow deer, red deer, reindeer, and American bison.
(2) “Livestock dealer” means a person who, on the person’s own account or for commission, goes from place to place buying, selling, or transporting livestock either directly or through online or other remote transaction, or who operates a livestock auction or sales ring, provided that “livestock dealer” shall not mean:
(A) a federal agency, including any department, division, or authority within the agency;
(B) a nonprofit association approved by the Secretary; or
(C) a person who engages in “farming,” as that term is defined in 10 V.S.A. § 6001(22), and who raises, feeds, or manages livestock as part of a farming operation when that person is buying, selling, or transporting livestock for the person’s farm.
(3) “Packer” means a livestock dealer who is solely involved in the purchase of livestock for purpose of slaughter at his or her own slaughter facility.
(4) “Person” means any individual, partnership, unincorporated association, or corporation.
(5) “Transporter” means a livestock dealer who limits his or her activity to transporting livestock for remuneration. A transporter cannot buy or sell livestock and is not required to be bonded. (Amended 1959, No. 91, § 1, eff. April 7, 1959; 1993, No. 74, § 1; 1995, No. 72 (Adj. Sess.), § 1, eff. Feb. 14, 1996; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1; 2021, No. 47, § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 63 - Livestock-Related Businesses, Auctions, and Sales Rings › § 762. License; fee

§ 762. License; fee
(a) A person shall not carry on the business of a livestock dealer, packer, or transporter without first obtaining a license from the Secretary of Agriculture, Food and Markets. Before the issuance of a license, a person shall file with the Secretary an application for a license on forms provided by the Agency. Each application shall be accompanied by a fee of $175.00 for livestock dealers and packers and $100.00 for livestock transporters.
(b) The Secretary may deny any application for a livestock dealer, packer, or transporter license, after notice and an opportunity for a hearing, whenever the applicant is a person or a representative of a person who has had a livestock dealer, packer, or transporter license suspended or revoked by any state, including Vermont, or any foreign country during the preceding five years or who has been convicted of violating statutes, rules, or regulations of any state or the federal government pertaining to the sale or transportation of livestock or the control of livestock disease. The applicant shall be informed of any denial by letter, which shall include the specific reasons for the denial. The applicant shall have 15 days in which to petition the Secretary for reconsideration. The petition shall be submitted in writing, and the Secretary in the Secretary’s discretion may hold a further hearing on the petition for reconsideration. Thereafter, the Secretary shall issue or deny the license and shall inform the applicant in writing of the Secretary’s decision and the reasons for the decision.
(c) The Livestock Special Fund is established under and shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5. All funds received under this section shall be deposited in the Livestock Special Fund for use by the Agency for administration of livestock programs.
(d) The Secretary may require a person to obtain a license as a livestock dealer under this section when the Secretary, in his or her discretion, determines that a person is buying, selling, or transporting livestock or taking other action in a manner intended to circumvent the requirements of this section. (Amended 1959, No. 91, § 2, eff. April 7, 1959; 1975, No. 220 (Adj. Sess.), § 5; 1981, No. 8, eff. March 20, 1981; 1989, No. 257 (Adj. Sess.), § 6; 1995, No. 186 (Adj. Sess.), § 7, eff. May 22, 1996; 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 72, § 18; 2015, No. 149 (Adj. Sess.), § 9; 2017, No. 30, § 1; 2021, No. 47, § 3; 2021, No. 105 (Adj. Sess.), § 86, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 63 - Livestock-Related Businesses, Auctions, and Sales Rings › § 763. Exemptions from license

§ 763. Exemptions from license
The provisions of section 762 of this title relative to requiring a license shall not apply to a farmer going from place to place buying or selling livestock in the regular operation of his or her farm business. (Amended 1959, No. 91, § 5, eff. April 7, 1959; 2017, No. 30, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 63 - Livestock-Related Businesses, Auctions, and Sales Rings › § 764. Bond

§ 764. Bond
(a) Before the Secretary issues a livestock dealer or packer license under this chapter, an applicant shall furnish the Secretary with a surety bond in the amount of not less than $10,000.00 executed by a surety company authorized to do business in this State.
(b) [Repealed.]
(c) All bonds required under this section shall be in the form required under 9 C.F.R. § 201.30, as amended over time. In lieu of a surety bond required under this section, the Secretary may accept a financial instrument or alternate form of surety authorized under 9 C.F.R. § 201.30.
(d)-(g) [Repealed.] (Amended 1959, No. 91, § 3, eff. April 7, 1959; 1961, No. 38; 1973, No. 76, § 1, eff. April 13, 1973; 1983, No. 36; 1987, No. 17; 1989, No. 15; 1993, No. 74, §§ 2, 3; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 63 - Livestock-Related Businesses, Auctions, and Sales Rings › § 767. Possession of license; expiration date; licenses not transferable

§ 767. Possession of license; expiration date; licenses not transferable
(a) A livestock dealer, packer, or transporter shall keep a copy of the license required under this chapter in his or her possession. At the time of the initial issuance of the license, the Secretary shall issue to the dealer, packer, or transporter a unique vehicle plate for each applicable conveyance used by the licensee to contain or transport livestock. The dealer, packer, or transporter shall attach the vehicle plate to each applicable conveyance. All such plates shall be removed from the conveyance immediately after expiration of the license.
(b) [Repealed.]
(c) A livestock dealer license, packer license, or transporter license shall not be transferred. (Amended 1959, No. 91, § 3, eff. April 7, 1959; 1963, No. 3; 1975, No. 220 (Adj. Sess.), § 6; 1993, No. 74, § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 63 - Livestock-Related Businesses, Auctions, and Sales Rings › § 768. Duties of dealers, transporters, and packers

§ 768. Duties of dealers, transporters, and packers
A livestock dealer, transporter, or packer licensed under section 762 of this title shall:
(1) Maintain in a clean and sanitary condition all premises, buildings, and conveyances used in the business of buying, selling, or transporting livestock or operating a livestock auction or sales ring.
(2) Submit premises, buildings, and conveyances to inspection and livestock to inspection and test at any and such times as the Secretary may deem it necessary and advisable.
(3) Allow no livestock on livestock dealer’s premises from herds or premises quarantined by the Secretary of Agriculture, Food and Markets.
(4)(A) Maintain, subject to inspection by the Secretary of Agriculture, Food and Markets or his or her agent, a record compliant with applicable State and federal statutes, rules, and regulations specified by the Secretary, including the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86. When not required under the requirements set forth in State and federal statute, the records required under this subdivision shall include:
(i) all livestock purchased, repossessed, sold, or loaned by a livestock dealer, transporter, or packer;
(ii) the complete name and address of the person from whom livestock was obtained and to whom delivered; and
(iii) the official individual identification number that is required to be applied to each livestock under the requirements of sections 1460, 1461, and 1461a of this title.
(B) For equine livestock, the requirements for the records to be maintained and the method of individual identification are set forth under chapter 102, subchapter 2 of this title.
(5) Abide by other reasonable rules that may be adopted by the Secretary of Agriculture, Food and Markets to prevent the spread of disease. A copy of all applicable rules shall be provided to all livestock dealers, packers, and transporters licensed under the terms of section 762 of this title at the time they first obtain a license.
(6) Pay the seller within 72 hours following the sale of the animal or animals.
(7) [Repealed.] (Amended 1973, No. 76, § 2, eff. April 13, 1973; 1975, No. 203 (Adj. Sess.), § 2, eff. Jan. 1, 1977; 1993, No. 74, § 5; 1999, No. 94 (Adj. Sess.), § 1, eff. May 2, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1; 2019, No. 129 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 63 - Livestock-Related Businesses, Auctions, and Sales Rings › § 769. Cancellation of license

§ 769. Cancellation of license
Failure of any livestock dealer, transporter, or packer to abide by the terms of this chapter, or of any of the State or federal laws, rules, or regulations relating to livestock, or of a procedure that the Secretary of Agriculture, Food and Markets adopts as necessary to prevent the spread of disease shall be deemed sufficient cause after notice and hearing for the cancellation of a license issued under section 762 of this title. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 63 - Livestock-Related Businesses, Auctions, and Sales Rings › § 770. Penalty

§ 770. Penalty
Any livestock dealer, transporter, or packer who buys, sells, or transports livestock in this State or operates a livestock auction or sales ring without having a license so to do, issued either to such person or to the firm or corporation that the person represents in conducting the business, shall be assessed an administrative penalty under section 15 of this title. (Amended 1959, No. 91, § 4, eff. April 7, 1959; 1963, No. 43, eff. April 16, 1963; 2017, No. 30, § 1; 2021, No. 105 (Adj. Sess.), § 87, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 64 - Livestock Care Standards Advisory Council › § 791. Definitions

§ 791. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Agriculture, Food and Markets.
(2) “Council” means the Livestock Care Standards Advisory Council.
(3) “Livestock” means cattle, calves, sheep, swine, horses, mules, goats, fallow deer, American bison, poultry, and any other animal that can or may be used in and for the preparation of meat, fiber, or poultry products.
(4) “Secretary” means the Secretary of Agriculture, Food and Markets. (Added 2009, No. 158 (Adj. Sess.), § 6; amended 2017, No. 30, § 2.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 64 - Livestock Care Standards Advisory Council › § 792. Establishment of Livestock Care Standards Advisory Council

§ 792. Establishment of Livestock Care Standards Advisory Council
(a) There is established the Livestock Care Standards Advisory Council for the purposes of evaluating the laws of the State and of providing policy recommendations regarding the care, handling, and well-being of livestock in the State. The Livestock Care Standards Advisory Council shall be composed of the following members, all of whom shall be residents of Vermont:
(1) the Secretary, who shall serve as the Chair of the Council;
(2) the State Veterinarian;
(3) the following six members appointed by the Governor:
(A) a person with knowledge of food safety and food safety regulation in the State;
(B) a person from a statewide organization that represents the beef industry;
(C) a Vermont licensed livestock or poultry veterinarian;
(D) a representative of an agricultural department of a Vermont college or university;
(E) a representative of the Vermont slaughter industry; and
(F) a representative of the Vermont livestock dealer, hauler, or auction industry;
(4) the following three members appointed by the Committee on Committees:
(A) a producer of species other than bovidae;
(B) an operator of a medium farm or large farm permitted by the Agency; and
(C) a professional in the care and management of equines and equine facilities; and
(5) the following three members appointed by the Speaker of the House:
(A) an operator of a small Vermont dairy farm;
(B) a representative of a local humane society from Vermont and organized under State law; and
(C) a person with experience investigating charges of animal cruelty involving livestock, provided that no such person who has received or is receiving compensation from a national humane society or organization may be appointed under this subdivision.
(b) Members of the Council shall be appointed for staggered terms of three years. Except for the Chair, the State Veterinarian, and the representative of the agricultural department of a Vermont college or university, no member of the Council may serve for more than two consecutive full terms. Eight members of the Council shall constitute a quorum. If a vacancy on the Council occurs, a new member shall be appointed, in the same manner that his or her predecessor was appointed, to fill the unexpired term.
(c) With the concurrence of the Chair, the Council may use the services and staff of the Agency in the performance of its duties. (Added 2009, No. 158 (Adj. Sess.), § 6; amended 2017, No. 30, § 2; 2023, No. 6, § 46, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 64 - Livestock Care Standards Advisory Council › § 793. Powers and duties of Livestock Care Standards Advisory Council

§ 793. Powers and duties of Livestock Care Standards Advisory Council
(a) The Council shall:
(1) Review and evaluate the laws and rules of the State applicable to the care and handling of livestock. In conducting the evaluation required by this section, the Council shall consider the following:
(A) the overall health and welfare of livestock species;
(B) agricultural best management practices;
(C) biosecurity and disease prevention;
(D) animal morbidity and mortality data;
(E) food safety practices;
(F) the protection of local and affordable food supplies for consumers; and
(G) humane transport and slaughter practices.
(2) Submit policy recommendations to the Secretary on any of the subject matter set forth under subdivision (1) of this subsection. A copy of the policy recommendations submitted to the Secretary shall be provided to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture. Recommendations may be in the form of proposed legislation. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
(3) Meet at least annually and at such other times as the Chair determines to be necessary.
(4) Submit minutes of the Council annually, on or before January 15, to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
(b) The Council may engage in education and outreach activities related to the laws and rules for the care and handling of livestock. The Council may accept funds from public or private sources in compliance with 32 V.S.A. § 5. (Added 2009, No. 158 (Adj. Sess.), § 6; amended 2013, No. 142 (Adj. Sess.), § 14; 2017, No. 30, § 2; 2021, No. 105 (Adj. Sess.), § 88, eff. July 1, 2022.)