Title 06, Agriculture

§ 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 …

§ 1105d. Use and sale of paraquat; report (a) Definition. As used in this section, “paraquat” means an herbicide: (1) known as paraquat, with the chemical name 1,1′-Dimethyl-4,4′- bipyridinium ion and the Chemical Abstracts Service (CAS) registry number 4685-14-7; (2) known as pa…

§ 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…

§ 1163. Additional violations (a) A person who knowingly commits any of the following acts shall be assessed an administrative penalty under section 15 of this title for: (1) transporting an animal affected with, or exposed to, a contagious disease without first obtaining the per…

§ 1164. Civil penalties (a) A person who violates any provision of this chapter or the rules adopted under this chapter or who commits any of the acts described in section 1163 of this title shall be assessed an administrative penalty under section 15 of this title. Each violatio…

§ 1165. Testing of captive deer (a) Definitions. As used in this section: (1) “Captive deer operation” means a place where domestic deer are privately or publicly maintained, in an artificial manner, or held for economic or other purposes within a perimeter fence or confined spac…

§ 1181. Certification required (a) Any equine animal imported into the State or transported through the State shall be accompanied by a Certificate of Veterinarian Inspection. The certificate shall state that the equine animal has been tested negative for equine infectious anemia…

§ 1182. Testing of equine animals (a) Testing of equine animals for equine infectious anemia shall be done by an accredited veterinarian licensed in the State by means of a Coggins test or other test acceptable to the Secretary, at the owner’s expense. (b) Any equine animal found…

§ 1183. Disposition of reactors (a) Any equine animal identified as a reactor through testing as provided in subsections 1182(a) and (b) of this title shall be humanely destroyed within seven days of the second test. The destruction of the animal shall be by a licensed veterinari…

§ 1184. Penalties Any person who violates the provisions of section 1181, 1182, or 1183 of this title shall be assessed an administrative penalty under section 15 of this title. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 2017, No. 30, § 3.)

§ 1459. Definitions As used in this chapter: (1) “Commercial slaughter facility” has the same meaning as “commercial slaughterhouse” set forth in section 3302 of this title. (2) “Livestock” has the same meaning as set forth in section 761 of this title. (3) “Offloaded” means remo…

§ 1460. Interstate movement; administration (a) In order to implement the requirements of this chapter and chapter 63 of this title related to the licensing of livestock businesses, the Secretary of Agriculture, Food and Markets shall require importers of livestock or poultry int…

§ 1461. Import and export documentation required (a) Import permit. The Secretary of Agriculture, Food and Markets may require a person who imports or causes to be imported into this State any domestic animal except dogs and cats to first obtain an import permit from the Secretar…

§ 1461a. Intrastate movement (a) Except as provided under subsection (b) of this section, all livestock being transported within the State shall satisfy the requirements for official identification for interstate movement under the U.S. Department of Agriculture Animal Disease Tr…

§ 1462. Quarantine The Secretary may require by rule in general, or order in specific cases, that any domestic animal imported into this State be placed in quarantine. (Amended 1989, No. 183 (Adj. Sess.), § 3; 1991, No. 153 (Adj. Sess.), § 2, eff. May 5, 1992; 2003, No. 42, § 2, …

§ 1463. Examination; release from quarantine Within a reasonable time, the Secretary shall examine any imported domestic animal placed in quarantine and may apply such tests or retests as the Secretary deems necessary to determine the health of the animals. After tests or retests…