Title 06, Title 06: Agriculture

§ 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 …

§ 2883. Nonpayment; forfeiture of bond When, for a period of five days after the date required for payment of any amount due any of his or her producers, the handler fails to pay the amount due for products delivered or furnished by them for the preceding pay period, the handler,…

§ 2884. Proceedings for recovery on bond When the condition of a bond or other security is breached, if a producer or milk cooperative applies to a handler for payment of products furnished to that handler whose account remains unpaid as provided in section 2883 of this title, th…

§ 2901. Creation of lien The liability of a handler to a producer for the unpaid purchase price of dairy products purchased shall be a first lien on the real and personal property of a handler and shall have priority over any other claim or lien against the handler, except: (1) T…

§ 2902. Recording notice of lien A producer’s lien shall not continue for more than 60 days from the time when payment became due for the last of the dairy products sold unless a notice of the lien is filed in the case of real estate in the office of the town clerk of the town wh…

§ 2903. Effect of lien Unless the handler has paid the claim upon which the lien is founded, he or she shall not, after receipt of written notice of a producer’s lien, mortgage or otherwise convey any property upon which a producer’s lien is claimed without disclosing in writing …

§ 2904. Action to enforce lien Not less than 30 nor more than 90 days from the time of filing the notice of lien, the producer may commence an action to perfect his or her lien. The action shall be commenced by causing the real estate or other property against which the lien is c…

§ 2905. Foreclosure and sale Within 90 days after the date of judgment in the suit to perfect the lien or liens, the plaintiff may cause a certified copy of the lien to be recorded in the office of the clerk of the town in which the notice of lien was originally filed. The judgme…

§ 2921. Declaration of policy and purpose (a) It is hereby declared by the General Assembly that dairy farming is of paramount importance in helping to maintain a strong economy and in preserving the State’s remaining rural character; that dairy farming at present is in serious j…

§ 2922. Vermont Milk Commission; membership There shall be a Vermont Milk Commission, to consist of nine members, one member of which shall be the Secretary of Agriculture, Food and Markets. The Secretary shall be Chair of the Commission and serve without compensation. A quorum s…

§ 2923. Administrative work The Vermont Agency of Agriculture, Food and Markets shall perform the administrative work of the Commission as directed by the Commission. The Commission may reimburse the Agency of Agriculture, Food and Markets for the cost of services performed by th…

§ 2924. Powers and duties; pricing authority; public hearings (a) Authority over milk prices. The Commission may establish an equitable minimum or maximum price, or both, and the manner of payments, which shall be paid producers or associations of producers by handlers, and the p…

§ 2925. Minimum producer price regulation (a) The Commission may make, rescind, or amend an order regulating minimum producer prices if the Commission finds that the federal milk marketing order minimum price is adequate or inadequate as the case may be to ensure that the price p…

§ 2926. Classes and grades The Commission may accept established and defined classes and grades of fluid dairy products or may establish classes and grades. It shall specify to what classes or grades the prices fixed under section 2925 of this title shall apply. (Added 1965, No. …

§ 2927. Interstate conferences and compacts The Commission shall have power to confer and agree with legally constituted similar boards or authorities of other states, or agencies of the federal government, and to adopt necessary rules to effect a uniformity in regulation and ens…

§ 2929. Power to make orders and conduct hearings; rules (a) In administering this chapter, the Commission shall have the power to make orders under this section, conduct hearings, subpoena, and examine under oath producers, handlers, and distributors, their books, records, docum…

§ 2931. Rehearing of orders and decisions (a) Within 20 days after any final order or decision has been made by the Commission, any party to the action or proceeding before the Commission, or any person directly affected thereby, may apply for a rehearing in respect to any matter…

§ 2932. Determination of motion for rehearing Upon the filing of a motion for rehearing, the Commission shall within ten days either grant or deny the motion, or suspend the order or decision complained of pending further consideration. (Added 1965, No. 175, § 52; amended 1991, N…

§ 2933. Appeal to Supreme Court When any application for a rehearing is denied, or if the applicant is aggrieved at the decision on rehearing, the applicant may appeal to the Supreme Court. (Added 1965, No. 175, § 53; amended 1971, No. 185 (Adj. Sess.), § 18, eff. March 29, 1972.…

§ 2935. Prohibition; administrative penalty; injunctive relief (a) Any handler or distributor that buys, offers to buy, sells, or transfers ownership of milk in any form at any price or for any consideration that is less than the price or prices set by rule of the Commission may …

§ 2936. Reports from milk handlers; release of information by handlers (a) In order that the Commission has adequate information available to proceed under this chapter, as a condition of a handler’s license, the Commission may require from a handler: (1) information on a time sc…

§ 2937. Periodic report The Commission may report as needed on its activities to the House Committee on Agriculture, Food Resiliency, and Forestry and the Senate Committee on Agriculture. (Added 2007, No. 50, § 5, eff. May 26, 2007; amended 2019, No. 61, § 15; 2023, No. 6, § 56, …

§ 2938. Fund established The Vermont Milk Commission Fund is established in the State Treasury and shall be administered by the Secretary of Agriculture, Food and Markets in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fu…

§ 2963. Agricultural Development Division (a) A division of agricultural development is created within the Agency of Agriculture, Food and Markets as the successor to and the continuation of the Agricultural Markets Development Division. (b) The Development Division may: (1) assi…

§ 2964a. Spring or artesian water; labels (a) A bottler of spring or artesian water may apply to the Secretary of Agriculture, Food and Markets for a specially designated identification label to indicate that the water originated and was bottled in Vermont and that it complies wi…

§ 2965. Misuse of labels; penalty (a) No person shall use, nor allow another person to use, an identification label designed and issued by the Secretary under section 2964 of this title without authorization of the Secretary. (b) A person who violates this section commits a civil…

§ 2971. Creation of Council (a) There is established within the Agency of Agriculture, Food and Markets the Vermont Dairy Promotion Council, which shall be composed of the Secretary of Agriculture, Food and Markets and the following: each milk cooperative with producers subject t…

§ 2972. Powers and duties (a) The Council shall administer and enforce this chapter and to that end shall plan and conduct dairy commodity advertising, publicity, sales promotion, and research and educational projects to increase the consumption of dairy products and to foster be…

§ 2981. Rate and collection of assessment (a) Each producer shall pay each month an assessment of $0.10 per hundredweight from the price paid to the producer for milk produced by him or her and received by a handler. The funds shall be deducted from the producer’s check, and the …

§ 2983. Tax withholding agreement as condition for license No person shall be granted a handler’s license unless he or she first agrees to withhold for the account of the State the tax imposed under this subchapter upon producers whose milk he or she has received. (Added 1965, No…

§ 2984. Milk received by more than one handler In case the same milk is received by more than one handler, the first handler handling or receiving milk shall be the handler within the meaning of this chapter. (Added 1965, No. 175, § 64.)

§ 2985. Transactions outside Vermont Any transaction between a producer and a handler relating to milk or dairy products produced in Vermont is subject to the operation of this chapter whether a contract or sale is set forth or claimed to be entered into, or to have been entered …

§ 2986. Payment of assessment Each licensed handler and distributor shall pay the sums required with respect to each producer’s payment received by him or her and the distributor’s fee to the Secretary of Agriculture, Food and Markets by monthly payments, and shall file monthly r…

§ 2987. Use of Dairy Promotion Fund (a) No expense of the Council shall be paid out of any funds of the State except from the Dairy Promotion Fund, which Fund shall be subject at all times to the accounting controls of the State. The Dairy Promotion Fund may be used only for the …

§ 2988. Referendum (a) The following percent of the itemized groups of producers and distributors may petition the Secretary for a referendum to determine whether assessments for their milk promotion program under section 2981 of this title shall continue or discontinue for their…

§ 2989. Interstate orders for compacts The Secretary is authorized to confer and cooperate with the legally constituted authorities of other states and of the United States with respect to the issuance and operation of joint and concurrent dairy promotion orders or other activiti…

§ 3021. Definitions As used in this chapter: (1) “Abandoned apiary” means any apiary in this State whose location has not been registered with the Secretary and for which the owner cannot be located after reasonable effort. (2) “Apiary” means a place where one or more colonies of…

§ 3022. Enforcement; inspection (a) The Secretary shall enforce the provisions of this chapter. (b) Any person who is the owner of any bees, apiary, colony, or hive shall pay a $10.00 annual registration fee for each apiary. The fee revenue shall be collected by the Secretary and…