Title 06, Title 06: Agriculture

§ 365. Labels (a)(1) Any fertilizer or agricultural lime distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (A) net weight; (B) brand and grade, provided…

§ 366. Tonnage fees (a) A person distributing fertilizer to a nonregistrant consumer in the State annually shall pay the following fees to the Secretary: (1) a $150.00 minimum tonnage fee; (2) $0.50 per ton of agricultural fertilizer distributed; and (3) $30.00 per ton of nonagri…

§ 367. Inspection; sampling; analysis For the purpose of enforcing this chapter and determining whether fertilizers, beneficial substances, and lime distributed in this State endanger the health and safety of Vermont citizens, the Secretary upon presenting appropriate credentials…

§ 368. Misbranding (a) No person shall distribute a misbranded fertilizer, beneficial substance, or agricultural lime. A fertilizer or beneficial substance shall be deemed to be misbranded if the Secretary determines one or more of the following: (1) The labeling is false or misl…

§ 369. Adulteration No person shall distribute an adulterated lime, beneficial substance, or fertilizer product. A fertilizer, beneficial substance, or lime shall be deemed to be adulterated if: (1) it contains any deleterious or harmful ingredient in an amount sufficient to rend…

§ 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer and beneficial substances (a) The Secretary shall publish on an annual basis: (1) information concerning the distribution of fertilizers, beneficial substances, and limes; and (2) results…

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

§ 372. Plant food variations (a) The Secretary may assess a penalty upon finding that a fertilizer does not conform to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium content. A fertilizer shall be deemed out-of-conformance if …

§ 373. Commercial value After consultation with the fertilizer industry, the Secretary shall determine periodically the values per unit of nitrogen, available phosphoric acid, and potash in fertilizers. The commercial value determined and published shall be considered in determin…

§ 374. Short weight (a) If any fertilizer, beneficial substance, or agricultural liming material is found to be short in net weight, the registrant of the fertilizer, beneficial substance, or lime shall pay a penalty of three times the value of the actual shortage to the affected…

§ 375. Cancellation of registration The Secretary is authorized to cancel or suspend the registration of any fertilizer, beneficial substance, or lime or refuse a registration application if the provisions of this chapter or the rules adopted under this chapter have been violated…

§ 376. Detained fertilizer, beneficial substance, and lime (a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of fertilizer, beneficial substance, or lime is being distributed in violation of any of the provisions of this chapter o…

§ 377. Appeal Any party adversely affected by a decision of the Secretary made pursuant to section 372, 374, or 375 of this title may appeal questions of law to a Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

§ 378. Penalty (a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a fine not to exceed $1,000.00. Each violation shall be a separate and distinct offense, …

§ 379. Exchanges between manufacturers Nothing in this chapter shall be construed to restrict or impair sales or exchanges of fertilizers or beneficial substances to each other by importers, manufacturers, or manipulators who mix fertilizer materials or beneficial substances for …

§ 380. Administrative penalty Consistent with chapter 1 of this title, the Secretary may assess an administrative penalty upon determining that a person has violated a rule issued under this chapter or has violated this chapter in the following manner: (1) distributed a specialty…

§ 381. Golf courses; nutrient management plan As a condition of the permit issued to golf courses under chapter 87 of this title and rules adopted under that chapter, a golf course shall be required to submit to the Secretary of Agriculture, Food and Markets a nutrient management…