Title 06, Agriculture

§ 2704. Trustee of handlers’ bonds All bonds or other securities required and furnished under the provisions of this part shall be given to the Secretary as trustee for each and all of the producers in this State and shall be conditioned for the faithful performance by the handle…

§ 2705. Revocation of licenses (a) The Secretary may after due notice and hearing revoke a handler’s license if after due investigation made by the Secretary the handler is deemed to be in violation of any provisions of this part or the rules adopted under this part. The Secretar…

§ 2721. Handlers’ licenses (a) The Secretary may classify and issue licenses to milk handlers to carry on dairy product handling businesses, including the purchase, distribution, storage, or sale of milk or milk products, processing or manufacturing of milk or milk products, incl…

§ 2722. Application Applications shall be completely filled out and sworn to by the applicant or a partner or officer of the applicant and in case of renewal shall be filed with the Secretary on or before July 15 of each year. New handlers may apply for a license at any time. Ren…

§ 2722a. Hearings and action upon applications (a) Upon receipt of an application for a milk handler’s license the Secretary shall examine it. If the application is deficient the Secretary shall so notify the applicant and return the application together with one-half of the appl…

§ 2723. Exemptions Handlers’ licenses shall not be required from the following persons: (1) a producer who only sells raw milk to milk handlers licensed to buy raw milk from Vermont farms; (2) a hotel, restaurant, or other public eating place that sells dairy products for consump…

§ 2723a. Distributor’s licenses (a) It shall be unlawful for any person to distribute fluid dairy products without a license issued by the Secretary. The Secretary shall license all distributors at least annually and for a term of up to three years and shall issue and renew such …

§ 2724. Technicians’ licenses (a) Any person who performs any tests, or determines weight or volume of dairy products where such determinations are used as a basis of payment or acceptance, shall hold an appropriate license or licenses issued by the Secretary, which may be revoke…

§ 2727. Municipal licenses The existing power of a municipality under special charter provisions to regulate and grant licenses for the handling, selling, or supplying of dairy products within its territorial limits shall not be repealed nor affected by the provisions of this par…

§ 2728. Manufacturing grade goat milk (a) “Manufacturing grade goat milk” is goat milk other than Grade A goat milk produced and distributed according to the Grade A Pasteurized Milk Ordinance. (b) The maximum somatic cell count for manufacturing grade goat milk shall not exceed …

§ 2741. Milk plants Before issuing a milk handler’s license and at least twice a year thereafter, the Secretary shall inspect or cause to be inspected all milk plants as to their premises, equipment, procedures, and sanitary conditions. The Secretary may enter into reciprocal agr…

§ 2742. Dairy farms Before a dairy farm may sell or offer for sale milk to a handler, and at least once a year thereafter, the Secretary shall inspect or cause to be inspected all dairy farms as to their premises, equipment, dairy animals, procedures, and sanitation conditions. H…

§ 2743. Dairy laboratories (a) The Secretary shall, at least annually, inspect or cause to be inspected all premises where dairy products are tested to determine the basis of payment or acceptance. Each handler shall notify the Secretary of the place in which tests of a producer’…

§ 2744. Enforcement (a) Enforcement of dairy sanitation rules in milk plants. In the event that inspection of a milk plant discloses conditions not meeting the standards established in this part or the rules adopted under this part, the handler shall be directed how to secure com…

§ 2744a. Drugs (a) No producer shall sell or offer for sale milk that contains any drug or drugs in excess of tolerances established by the U.S. Food and Drug Administration in the Code of Federal Regulations. (1) In the event that milk from a dairy producer contains a drug resid…

§ 2751. Unfair discrimination A handler doing business in this State and engaged in the business of buying dairy products for the purpose of manufacture or sale who, or whose agents, officers, or employees, shall begin or continue such methods or practices as to create a monopoly…

§ 2752. Refusal to purchase; hearing; Secretary’s order (a) A handler doing business in this State who has a contract either verbal or written with a producer residing in this State for the purchase of the producer’s dairy products shall not refuse to purchase them from the produ…

§ 2760. Substantial State interest (a) Role of state government. The Vermont General Assembly finds, as does the U.S. Food and Drug Administration, that the states under our federal system of government have traditionally undertaken the role of overseeing milk production. The Ver…

§ 2761. Definitions For the purpose of this subchapter: (1) “Secretary” means the Secretary of Agriculture, Food and Markets. (2) “Milk and dairy products” means cow’s milk as defined by section 2672 of this title, and butter, cheese, cream, buttermilk, powdered milk, infant form…

§ 2762. Producer affidavit; voluntary labeling A milk handler may claim in the label on a container or package of milk, or of a dairy product offered for retail sale in Vermont, or in a written display at the point of sale of such milk or dairy product, that the milk or dairy pro…

§ 2763. Secretary’s verification (a) The Secretary is authorized to conduct random inspections of dairy farm operations to determine whether evidence exists that rbST is or has been used in the production of milk, which may include inspection of a milking herd, historical milk pr…

§ 2764. Enforcement; penalty (a) A violation under this subchapter may give rise to a civil, administrative, or criminal enforcement action under Title 9, Title 6, or Title 13. (b) The Secretary may seek search warrants and accept assurances of discontinuance under section 1, 12,…

§ 2765. Milk purchase refusal If the Attorney General commences an enforcement action against a milk producer for a false affirmation, claim, or affidavit pursuant to this subchapter, the charge shall be a matter of public record, and a handler purchasing milk from the producer m…

§ 2766. Confidentiality Any identifying information contained in any reports, records, or other record of information regardless of format in which it is created and maintained, obtained by the Secretary, the Attorney General, or a handler pursuant to this subchapter shall be kep…

§ 2767. Reciprocity A person may offer for retail sale in this State milk and dairy products from other states and countries, the label of which displays the claim that rbST has not been used in the production of the milk or dairy products, if the milk or dairy products are ident…

§ 2768. Rules The Secretary may adopt rules to implement this subchapter. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003.)

§ 2775. Limited sale of unpasteurized (raw) milk permissible Notwithstanding section 2701 of this title, the production and sale of unpasteurized milk to a consumer for personal consumption is permitted within the State of Vermont only when produced, marketed, and sold in conform…

§ 2776. Definitions As used in this chapter: (1) “Consumer” means a customer who purchases, barters for, receives delivery of, or otherwise acquires unpasteurized milk according to the requirements of this chapter. (2) “Milk” has the same meaning as set forth in section 2672 of t…

§ 2777. Standards for the sale of unpasteurized (raw) milk (a) Except as provided under section 2778 of this title, unpasteurized milk shall be sold directly from the producer to the consumer for personal consumption only and shall not be resold. (b) Unpasteurized milk shall be s…

§ 2778. Sale or delivery of unpasteurized (raw) milk (a) Sale or delivery of unpasteurized milk off the farm, at a farm stand, or by a CSA organization is permitted within the State of Vermont and of milk produced by a producer meeting the requirements of subsection 2777(f) of th…

§ 2801. Adulteration prohibited It is prohibited to sell, transfer, or offer for sale any adulterated dairy product that does not conform to Vermont statutes and rules adopted under the statutes. Nothing herein shall be construed to prohibit the salvage of milk solids for human c…

§ 2802. Foreign fats prohibited A person, firm, or corporation, by himself or herself, his or her servant or agent, or as the servant or agent of another, shall not manufacture, sell, or exchange, or have in possession with intent to sell or exchange, any dairy products or any of…

§ 2811. Marking of retail packages (a)(1) All retail packages of dairy products and fluid dairy products sold or offered for sale shall be plainly and conspicuously marked with: (A) The true name of the product as defined by statute or regulation. (B) The true name of all ingredi…

§ 2812. False, misleading, or fraudulent statements No false, misleading, or fraudulent statement shall appear on a retail package, display material, or advertising connected therewith. The words dairy, milk, cream, dairy farm, cow, and all words or pictures of similar connotatio…

§ 2813. Testing utensils (a) Bottles, pipettes, or measuring glasses used by a person in determining by test the value of milk or cream received from other persons, before use, may be tested for accuracy of measurement and for accuracy of the percent scale marked thereon, by the …

§ 2814. Tests of sample by Secretary The producers and handlers of milk and dairy products may request the Secretary to make bacteriological or chemical tests, or both, of their dairy products and water in the central testing laboratory of the Agency of Agriculture, Food and Mark…

§ 2815. Records and reports (a) Each handler shall record and preserve for one year all purchases and sales by weight or volume, butterfat or solids tests, or any other tests that are used as a basis for payment or determination of quality for dairy products delivered by a produc…

§ 2816. Preliminary incubation testing; rejection of supply A handler shall not reject the milk supply of a producer based solely on a preliminary incubation count. (Added 2009, No. 147 (Adj. Sess.), § 2, eff. July 1, 2011.)

§ 2851. Definitions (a) “Frozen desserts” means all ice cream, frozen custards, ice milks, fruit sherbets, water ices, quiescently frozen confections, and frozen whipped creams and other like products defined by rules adopted under this chapter. (b) “Frozen dessert mix” means any…

§ 2852. Rules The Secretary of Agriculture, Food and Markets may adopt rules establishing, for frozen desserts and frozen dessert mixes, reasonable standards as to identity, quality, and fill of container. The Secretary may adopt rules setting bacteriological standards and govern…

§ 2853. Minimum standards The minimum standards of strength, quality, purity, and identity as to certain frozen dairy products shall be as stated by this chapter. However, the provisions of this chapter as relate to type or content of sweetening agent shall not apply to frozen da…

§ 2854. Conformity to standards Any food that is purported to be, or made in the likeness of, a frozen dessert, or mix thereof, for which a standard has been prescribed under this chapter shall not be sold or offered for sale unless under rules established by the Secretary: (1) i…

§ 2855. Licenses No person shall manufacture for sale frozen desserts unless that person first secures a license from the Secretary of Agriculture, Food and Markets. Applications shall be made on forms furnished by the Secretary and be accompanied by a fee of $75.00. All licenses…

§ 2856. Exemptions A person who holds a valid milk handler’s license shall be exempt from all licensing provisions of this chapter. (Added 2011, No. 39, § 5, eff. May 19, 2011.)

§ 2881. Conditions and amount; failure to file (a) Except as provided in section 2882 of this title, no handler shall purchase milk from a Vermont producer or milk cooperative, either directly or through a marketing service owned by one or more cooperatives, and the Secretary sha…

§ 2882. Exemptions from filing bond (a) A milk cooperative or a nonprofit cooperative association organized under Vermont law or similar laws in other states shall not be required to furnish surety as provided in section 2881 of this title for payments made to a milk cooperative …