Title 06, Title 06: Agriculture

§ 982. Cooperation of State agencies with Insurance Fund Consistent with law and within available appropriations, the departments, agencies, and officers of this State may cooperate with the Insurance Fund established by the Pest Control Compact. (Added 2009, No. 8, § 2.)

§ 983. Filing of bylaws and amendments Pursuant to section 981 of this title, Article IV(h) of the compact, copies of bylaws and amendments shall be filed with the Agency of Agriculture, Food and Markets. (Added 2009, No. 8, § 2; amended 2021, No. 105 (Adj. Sess.), § 98, eff. Jul…

§ 984. Compact Administrator The Compact Administrator for this State shall be the Secretary of Agriculture, Food and Markets or a designated representative. The duties of the Compact Administrator shall be deemed a regular part of the duties of the Secretary’s office. (Added 200…

§ 985. Request for assistance from Insurance Fund Within the meaning of section 981 of this title, Article VI(b) or Article VIII(a), a request or application for assistance from the Insurance Fund may be made by the Secretary of Agriculture, Food and Markets or designee whenever …

§ 986. Credit for expenditures The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to its, his, or her account in the State Treasury…

§ 987. Executive head As used in the compact, with reference to this State, the term “executive head” shall mean the Governor. (Added 2009, No. 8, § 2.)

§ 1030. Definitions Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) “Beneficial organism” means any organism that, during its life cycle, is an effective pollinator of plants, a parasite or predator of pests, or other…

§ 1031. Functions of Secretary of Agriculture, Food and Markets and Commissioner of Forests, Parks and Recreation cooperation Under the provisions of this chapter, the Secretary of Agriculture, Food and Markets shall have jurisdiction over plans for the survey, detection, and man…

§ 1032. Powers of the Secretary The Secretary in furtherance of the purposes of this chapter may: (1) Adopt and amend rules as he or she deems necessary in order to carry out the provisions of sections 1033, 1034, 1035, and 1040 of this chapter. (2) Appoint assistants, subject to…

§ 1033. Detection and abundance surveys; eradication and suppression The Secretary may conduct detection and abundance surveys for plant pests of an injurious nature that may be present in the State to determine the necessity for establishing control practices. When the Secretary…

§ 1034. Quarantines The Secretary may establish and maintain quarantines and adopt other orders and rules pursuant to 3 V.S.A. chapter 25 concerning the planting, exposing, sale, importation, and transportation of all plants and plant products and regulated articles capable of ca…

§ 1035. Permits No person shall sell, offer for sale, barter, expose, move, transport, deliver, ship, or offer for shipment into or within this State any plant pest or biological control agent in any living stage without first obtaining a federal permit, where applicable, and a S…

§ 1036. Technical assistance The Secretary may provide technical assistance in the area of pest management. Such assistance may include diagnostic services, pest identification, and pest management recommendations. The Secretary is also authorized to conduct demonstrations, inves…

§ 1037. Administrative orders The Secretary may issue appropriate orders and institute appropriate proceedings on behalf of the agency to enforce this chapter or any rules adopted under this chapter. Orders, including stop-sale orders, shall be in writing and include the reason f…

§ 1038. Administrative penalties A person who violates any provisions of this chapter or a rule adopted under this chapter may be assessed an administrative penalty by the Secretary pursuant to the provisions of section 15 of this title. (Added 1995, No. 68 (Adj. Sess.), § 2; ame…

§ 1039. Confidentiality of trade secrets The Secretary may not make information public that contains or relates to trade secrets, commercial, or financial information obtained from a person that is privileged or confidential. However, when the information is necessary to carry ou…

§ 1082. Mosquito and biting arthropod control by Agency The Secretary of Agriculture, Food and Markets shall, when funds are available, consider and study mosquito and other biting arthropod control problems; coordinate plans for mosquito and other biting arthropod control work t…

§ 1083. Duties of Secretary of Agriculture, Food and Markets; authority of landowners to use mosquito controls (a) The Secretary of Agriculture, Food and Markets may personally or through the Secretary’s duly authorized agents: (1) Survey swamps or other sections within the State…

§ 1084. Employees; equipment; entry on lands The Secretary may employ one or more trained persons to carry out provisions of section 1083 of this title and procure such equipment as is necessary. The Secretary or duly authorized agents of the Secretary may enter upon any lands in…

§ 1085. Mosquito Control Grant Program (a) A Mosquito Control District formed pursuant to 24 V.S.A. chapter 121 may apply, in a manner prescribed by the Secretary, in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for mosquito control activ…

§ 1101. Definitions As used in this chapter unless the context clearly requires otherwise: (1) “Secretary” has the same meaning stated in subdivision 911(4) of this title. (2) “Cumulative” when used in reference to a substance means that the substance so designated has been demon…

§ 1103. Regulation by Secretary (a) General authority. The Secretary shall have responsibility for regulating and controlling the sale, use, storage, treatment, and disposal of pesticides and pesticide wastes in order to promote the public health, safety, and welfare and protect …

§ 1104. Powers of Secretary The Secretary in furtherance of the purposes of this chapter may: (1) Regulate and license the display, sale, application, use, storage, treatment, and disposal of economic poisons and their waste products and establish restrictions on the use, applica…

§ 1105. Use and sale of DDT prohibited No person shall sell, use, or apply dichloro-diphenyl-trichloro-ethane, sometimes referred to as DDT, on or after December 31, 1971, except when the Secretary certifies that an emergency exists that requires its use. When the Secretary finds…

§ 1105a. Treated articles; powers of Secretary; best management practices (a) The Secretary of Agriculture, Food and Markets, upon the recommendation of the Agricultural Innovation Board, may adopt by rule: (1) best management practices (BMPs), standards, procedures, and requirem…

§ 1105b. Use and sale of neonicotinoid treated article seeds [Contingently effective January 1, 2029] (a) No person shall sell, offer for sale or use, distribute, or use any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group (crop grou…

§ 1105c. Neonicotinoid pesticides; prohibited uses (a) The following uses of neonicotinoid pesticides are prohibited: (1) the outdoor application of neonicotinoid pesticides to any crop during bloom; (2) the outdoor application of neonicotinoid pesticides to soybeans or any crop …

§ 1106. Financial responsibility The Secretary may require from a licensee or an applicant for a license under this chapter evidence of his or her financial ability to properly indemnify persons suffering damage from the use or application of economic poison, in the form of a sur…

§ 1107. Penalty Any person who violates any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any permit, license, or certificate issued by the Secretary, shall be subject to a fine not to exceed $25,000.00 or imprisonment for not more…

§ 1108. Construction with other laws The provisions of 3 V.S.A. chapter 25 shall apply to adoption of rules, notices, hearings, and other proceedings under this chapter unless inconsistent with its provisions. The powers granted to the Secretary under this chapter shall not limit…

§ 1109. Licensing retail dealers The Secretary may adopt rules requiring persons selling Class C pesticides at retail to be licensed under this chapter and may establish reasonable requirements for obtaining licenses. The license fee for a retail dealer shall be $25.00 for one ye…

§ 1110. Pesticide monitoring The Secretary shall develop and implement a plan to monitor the use of pesticides registered in Vermont. The program shall include the cataloguing of available data and research conducted on the environmental and public health aspects of pesticides in…

§ 1111. Administrative penalties (a) The Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation for private applicators or certified private applicators or $5,000.00 per violation for certified noncommercial applicators, certified commercial applica…

§ 1112. Licensing pesticide applicators; pesticide companies; dealers (a) The Secretary may adopt rules requiring persons selling Class A and B pesticides to be licensed under this chapter. In addition, the Secretary may adopt rules requiring companies that hire applicators or co…

§ 1113. Accessory on-farm businesses; pesticides; posting When an agricultural pesticide is applied on a farm in an area in which an accessory on-farm business operates or conducts activity, the accessory on-farm business shall post the same warning signs that would be posted for…

§ 1151. Definitions As used in this part: (1) “Accredited veterinarian” means a veterinarian approved by the U.S. Department of Agriculture and the State Veterinarian to perform functions specified by cooperative state-federal disease control programs. (2) “Animal” or “domestic a…

§ 1152. Administration; inspection; testing; records (a) The Secretary shall be responsible for the administration and enforcement of the Livestock Disease Control Program. The Secretary may appoint the State Veterinarian to manage the Program, and other personnel as are necessar…

§ 1153. Rules (a) The Secretary shall adopt rules necessary for the discovery, control, and eradication of contagious diseases and for the slaughter, disposal, quarantine, vaccination, and transportation of animals found to be diseased or exposed to a contagious disease. The Secr…

§ 1154a. Testing of cultured fish and fee fishing businesses Health testing of cultured fish may be provided to commercial fish farms and fee fishing businesses through an aquaculture inspection program conducted jointly by the Agency of Agriculture, Food and Markets and the Depa…

§ 1156. Public nuisance Contagious diseases as defined in subdivision 1151(7) of this title are hereby declared to be a public nuisance requiring preventative and remedial action to protect the public health and welfare, as provided in this chapter. (Added 1987, No. 276 (Adj. Ses…

§ 1157. Quarantine (a) The Secretary may order any domestic animals; the premises upon which they are or have been located; any animal products derived from those domestic animals; and any equipment, materials, or products to which they have been exposed to be placed in quarantin…

§ 1158. Quarantine zone (a) The Secretary may establish a quarantine zone whenever it is determined that a contagious disease is widely spread throughout an area of the State and that a quarantine zone is necessary to contain or prevent the further spread of the disease. (b) In e…

§ 1159. Disposal of diseased animals (a) The Secretary may condemn and order destroyed any animal that is infected with or has been exposed to a contagious disease. An order to destroy an animal shall be based on a determination that the destruction of the animal is necessary to …

§ 1160. Emergency outbreak of contagious disease In case of the outbreak within this State of some contagious disease of domestic animals, or whenever there is reason to believe that there is danger of the introduction into the State of any contagious disease prevailing among dom…

§ 1161. Fees for testing The Secretary may assess fees necessary to cover the cost of testing domestic animals for contagious diseases. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1989, No. 257 (Adj. Sess.), § 10; 1991, No. 153 (Adj. Sess.), § 15, eff. May 5, 1992; 1995, No. …

§ 1162. Report of disease (a) All accredited veterinarians shall immediately report the discovery of any domestic animal within this State that is infected with, is suspected of being infected with, or has been exposed to a reportable disease as specified by this chapter. A veter…