Title 06, Title 06: Agriculture

§ 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 fi…

§ 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 process…

§ 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 f…

§ 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 p…

§ 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 …

§ 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 wrapp…

§ 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 visibl…

§ 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 t…

§ 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 instru…

§ 687. Penalty A person who violates this chapter shall be fined not more than $500.00. (Added 1971, No. 240 (Adj. Sess.), § 7.)

§ 761. Definitions As used in this chapter: (1) “Camelids” has the same meaning as in section 1151 of this title. (2) “Domestic deer” has the same meaning as in section 1151 of this title. (3) “Equines” has the same meaning as in section 1151 of this title. (4) “Livestock” means …

§ 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 each applicable license, a person shall file an application…

§ 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. Apri…

§ 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) [Re…

§ 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 i…

§ 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 trans…

§ 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…

§ 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 represent…

§ 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, po…

§ 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 li…

§ 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…

§ 851. Definitions As used in this chapter: (1) “Adulterated” has the same meaning as in 18 V.S.A. § 4059 when applied to produce and includes “adulteration” under rules adopted under 18 V.S.A. chapter 82. (2) “Agency” means the Agency of Agriculture, Food and Markets. (3) “Farm”…

§ 852. Authority (a) The Secretary may enforce in the State the requirements of: (1) the rules adopted under the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. pa…

§ 853. Farm inspections (a)(1) The Secretary may inspect a produce farm during reasonable hours for the purposes of ensuring compliance with: (A) the federal standards for growing, harvesting, packing, and holding of produce for human consumption, as adopted under 21 C.F.R. part …

§ 854. Records The owner or operator of a produce farm shall maintain records required by the federal Food Safety Modernization Act, rules adopted under that act, and rules adopted under this chapter and shall make those records available to the Agency upon request. (Added 2015, …

§ 855. Rules The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement this chapter. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016.)

§ 856. Enforcement; corrective actions When the Secretary of Agriculture, Food and Markets determines that a person is violating the rules listed in section 852 of this title, the Secretary may issue a written warning that shall be served in person or by certified mail, return re…

§ 857. Enforcement; administrative orders (a) Notwithstanding the requirements of section 856 of this title, the Secretary at any time may pursue one or more of the following: (1) issue a cease and desist order to a person the Secretary believes to be in violation of the rules li…

§ 891. License Excepting frozen food locker plants, any person, as defined in 9A V.S.A. §§ 1-201 and 7-102, who stores eggs, as that term is defined in chapter 27 of this title, or produce, as that term is defined in section 851 of this title, for hire in quantities of 1,000 poun…

§ 892. Requirements Before licensing a place of business under this chapter, the Secretary of Agriculture, Food and Markets shall be satisfied as to the condition of the building, sanitation, refrigeration, and the general safety of the stored goods under the rules and requiremen…

§ 893. Application forms; fee The Secretary of Agriculture, Food and Markets shall furnish necessary application forms. The annual license date shall be January 1. The annual license fee shall be $125.00. (Amended 1975, No. 220 (Adj. Sess.), § 8; 1989, No. 257 (Adj. Sess.), § 7; …

§ 911. Definitions As used in this chapter: (1) “Active ingredient” means: (A) in the case of an economic poison other than a plant regulator, defoliant, or desiccant, any ingredient that will prevent, destroy, or repel insects, nematodes, fungi, rodents, weeds, or other pests; (…

§ 912. Administration Jurisdiction in all matters pertaining to the distribution, sale, and transportation of economic poisons is by this chapter vested exclusively in the Secretary. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)

§ 913. Powers of Secretary The Secretary may, after opportunity for a hearing: (1) declare as a pest any form of plant or animal life or virus that is injurious to plants, humans, domestic animals, articles, or substances; (2) determine whether economic poisons are highly toxic t…

§ 914. Delegation of duties All authority vested in the Secretary by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Agency of Agriculture, Food and Markets as the Secretary may from time to time designate for such purp…

§ 915. Rules The Secretary, after due public hearing, may make appropriate rules for carrying out the provisions of this chapter, including rules providing for the collection and examination of samples of economic poisons. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. …

§ 916. Cooperation with State and federal agencies The Secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this State, the U.S. Department of Agriculture or Environmental Protection Agency, and any other state or agency the…

§ 917. Uniformity between State requirements and federal regulations In order to avoid confusion, endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, and to avoid increased costs to the people of th…

§ 918. Registration (a) Every economic poison that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered in the…

§ 919. Prohibited distribution; sale or transportation It shall be unlawful for any person to distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this…

§ 920. Other prohibitions (a) It shall be unlawful for any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, an economic…

§ 921. Seizure and condemnation Any economic poison that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be liable to b…

§ 922. Disposition after condemnation If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds, if such article is sold, less legal costs, shall be paid to the State Treasurer, provided that the a…

§ 923. Procedure for prosecuting violations The examination of economic poisons shall be made under the direction of the Secretary for the purpose of determining whether they comply with the requirements of this chapter. If it shall appear from such examination that an economic p…

§ 924. Duty of State’s Attorney It shall be the duty of each State’s Attorney to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the Superior Court without delay. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.…

§ 926. Penalties (a) Any person violating subdivision 919(1) of this title shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00. (b) Any person violating any provision of this chapter other than subdivision 919(1) of this title shall be guilty…