Title 06, Title 06: Agriculture

§ 2671. Purpose (a) It is the policy of the State of Vermont to protect and promote the public interest by: (1) Ensuring the citizens of this State and the general public an adequate supply of pure fresh milk and other dairy products of constantly improving quality. (2) Establish…

§ 2672. Definitions As used in this chapter: (1) “Secretary” means Secretary of Agriculture, Food and Markets or his or her authorized agent. (2) “Milk producer” or “producer” is a person, partnership, unincorporated association, or corporation who owns or controls one or more co…

§ 2673. Appointment of Secretary of State for service of process Before a license is issued under the provisions of this subchapter, the handler, if a nonresident or a foreign corporation, shall, in writing, appoint the Secretary of State its attorney upon whom service of legal p…

§ 2674. Records and reports — Handlers (a) On or before March 1 of each year, all handlers shall send the Secretary a full and accurate report of the amount of business done during the preceding year, together with such other statistical information as the Secretary may require. …

§ 2675. Distributors All distributors in any market specified by the Commission as one in which it is in the public interest to regulate the supply, production, and quality of milk, shall keep such records and make such reports as the Commission may reasonably require. All other …

[See effective date of amendment in note set out below.] § 2676. Title to milk in tank truck; costs of hauling (a) When milk is sampled, measured, and transferred from a farm tank to a tank truck, the milk collector shall be deemed to be the agent of the buyer and title to the mi…

§ 2677. Fluid dairy products for livestock feed A milk plant or handler shall not dispense or deliver fluid dairy products other than whey for livestock feed, including poultry, except under rules as may be adopted by the Secretary. (Added 1965, No. 175, § 36; amended 2003, No. 4…

§ 2678. Penalties Any handler, producer, or other person who violates any of the provisions of this part or the rules adopted under this part shall be fined not less than $25.00 or more than $1,000.00, or imprisoned for not more than one year, or both. (Added 1965, No. 175, § 75;…

§ 2679. Administrative penalties Any person who violates any provision of this chapter or any rule adopted under this chapter may be assessed an administrative penalty under section 15 of this title. (Added 1995, No. 128 (Adj. Sess.), § 4.)

§ 2680. Labeling milk as fresh Milk shall not be labeled as “fresh milk,” “Vermont fresh milk,” or “northeastern fresh milk” unless the milk meets the definitions in section 2672 of this chapter. (Added 2007, No. 101 (Adj. Sess.), § 3, eff. April 22, 2008.)

§ 2681. Additives The Secretary may, in accordance with 3 V.S.A. chapter 25, adopt a list of food grade additives that may be added to milk. The additives used in milk sold in retail packages shall be conspicuously stated in descending order of volume on the label of the package …

§ 2701. Rules (a) The Secretary, in accordance with 3 V.S.A. chapter 25, shall adopt and may amend and rescind, dairy sanitation rules relating to dairy products to enforce this chapter, including labeling, weighing, measuring and testing facilities, buildings, equipment, methods…

§ 2703. Grading services The Secretary is authorized to cooperate with the federal government in furnishing inspection or grading service for dairy products to milk handlers and other persons. The Secretary shall establish uniform fees for this service. (Added 1965, No. 175, § 34…

§ 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…