Title 06, Title 06: Agriculture

§ 4605. Vermont Working Lands Enterprise Fund There is created a special fund in the State Treasury to be known as the “Vermont Working Lands Enterprise Fund.” Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5: (1) The Fund shall be administered and the…

§ 4606. Vermont Working Lands Enterprise Board (a) Creation. There is created a Vermont Working Lands Enterprise Board, which for administrative purposes shall be attached to the Agency of Agriculture, Food and Markets. (b) Organization of Board. The Board shall be composed of: (…

§ 4607. Powers and duties of the Vermont Working Lands Enterprise Board (a) Duties. The Vermont Working Lands Enterprise Board is charged with: (1) optimizing the agricultural and forest use of Vermont lands and other agricultural resources; (2) expanding existing markets and ide…

§ 4621. Domestic Export Program (a) The Secretary of Agriculture, Food and Markets, in collaboration with the Agency of Commerce and Community Development and the Chief Marketing Officer, shall have the authority to create a Domestic Export Program, the purpose of which may inclu…

§ 4631. Vermonters Feeding Vermonters Grant Program (a) As used in this section, “local food” has the same meaning as “local” in 9 V.S.A. § 2465a(b). (b) There is created in the Agency of Agriculture, Food and Markets the Vermonters Feeding Vermonters Grant Program to provide gra…

§ 4701. Sustainable Agriculture Research and Education Program (a) The purpose of this section is to promote research and education that will encourage the development and use of economically and ecologically sound sustainable agriculture practices, such as organic methods, biolo…

§ 4710. Vermont Farm and Forest Viability Program (a) The Vermont Farm and Forest Viability Program is a voluntary program established in the Agency of Agriculture, Food and Markets to provide assistance to Vermont farm, food, and forest-sector businesses to enhance the financial…

§ 4719. Purpose and State goal (a) Purpose. It is the purpose of this chapter to establish a farm-to-school program to: (1) encourage Vermont residents in developing healthy and lifelong habits of eating nutritious local foods; (2) maximize use by Vermont schools of fresh and loc…

§ 4720. Definitions As used in this chapter, “Farm-to-School Program” means an integrated food, farm, and nutrition education program that utilizes community-based learning opportunities to connect schools with nearby farms so that child nutrition programs can provide students wi…

§ 4721. Local foods grant program (a) There is created in the Agency of Agriculture, Food and Markets the Rozo McLaughlin Farm-to-School Program to execute, administer, and award local grants for the purpose of helping Vermont schools develop farm-to-school programs that will sus…

§ 4722. Farm assistance; Secretary of Agriculture, Food and Markets (a) The Secretary of Agriculture, Food and Markets shall work with existing programs and organizations to develop and implement educational opportunities for farmers to help them increase their markets through se…

§ 4723. Professional development for food service personnel (a) The Secretary of Education, in consultation with the Secretary of Agriculture, Food and Markets, the Commissioner of Health, and farm-to-school organizations and partners, shall offer professional development opportu…

§ 4724. Food Systems Administrator (a) The position of Food Systems Administrator is established in the Agency of Agriculture, Food and Markets for the purpose of assisting Vermont producers in increasing their access to commercial markets and institutions, including schools, reg…

§ 4801. Purpose; State policy It is the purpose of this chapter to ensure that agricultural animal wastes do not enter the waters of this State. Therefore, it is State policy that: (1) All farms meet certain standards in the handling and disposal of animal wastes, as provided by …

§ 4802. Definitions As used in this chapter: (1) “Agency” means the Agency of Agriculture, Food and Markets. (2) “Farming” has the same meaning as used in 10 V.S.A. § 6001(22). (3) “Good standing” means a participant in a program administered under this chapter: (A) does not have…

§ 4803. Agricultural Water Quality Special Fund (a) There is created the Agricultural Water Quality Special Fund to be administered by the Secretary of Agriculture, Food and Markets. Fees collected under this chapter, including fees for permits or certifications issued under the …

§ 4810. Authority; cooperation; coordination (a) Agricultural land use practices. In accordance with 10 V.S.A. § 1259(i), the Secretary shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and shall implement and enforce agricultural land use practices in order to satisfy the re…

§ 4810a. Required Agricultural Practices; revision (a) The Secretary of Agriculture, Food and Markets shall maintain the Required Agricultural Practices in order to improve water quality in the State, ensure practices on all farms eliminate adverse impacts to water quality, and i…

§ 4811. Powers of Secretary The Secretary of Agriculture, Food and Markets in furtherance of the purposes of this chapter may: (1) Make, adopt, revise, and amend reasonable rules that define practices described in section 4810 of this title as well as other rules deemed necessary…

§ 4813. Basin management; appeals to the Environmental Division (a) The Secretary of Agriculture, Food and Markets shall cooperate with the Secretary of Natural Resources in the basin planning process with regard to the agricultural nonpoint source waste component of each basin p…

§ 4814. Education and technical assistance The Secretary of Agriculture, Food and Markets may: (1) Develop educational programs dealing with agricultural nonpoint source reduction, with the assistance of other organizations, utilizing various types of media, group meetings, tours…

§ 4815. Waste storage facility (a) No person shall construct a new waste storage facility or expand or modify a waste storage facility in existence on July 1, 2006 unless the facility meets the standard established for such facilities by the Natural Resources Conservation Service…

§ 4816. Seasonal application of manure (a) Prohibition on application. A person shall not apply manure to land in the State between December 15 and April 1 of any calendar year unless authorized by this section or as authorized under an emergency exemption granted by the Secretar…

§ 4817. Management of non-sewage waste (a) As used in this section: (1) “Non-sewage waste” means any waste other than sewage that may contain organisms pathogenic to human beings but does not mean stormwater runoff. (2) “Sewage” means waste containing human fecal coliform and oth…

§ 4818. Farming; scope of activities (a) As used to determine the scope of nuisance protection in 12 V.S.A. chapter 195, “agricultural activities” shall include “farming” as defined in this title. (b) For purposes of the application of 12 V.S.A. § 5753, all “agricultural activiti…

§ 4820. Definitions As used in this subchapter: (1) “RAPs” means “Required Agricultural Practices” as defined by the Secretary of Agriculture, Food and Markets pursuant to subchapter 1 of this chapter. (2) “Secretary” means the Secretary of Agriculture, Food and Markets. (3) “Age…

§ 4821. Assistance program created; administration (a) Program created. A program is created to provide State financial assistance to Vermont farmers in support of their voluntary construction of on-farm improvements and maintenance of acceptable operating standards designed to a…

§ 4822. Eligibility for State assistance Vermont farmers shall be eligible to receive available State financial assistance with the installation of on-farm improvements designed to control agricultural nonpoint source waste discharges, provided that: (1) for farmers who also seek…

§ 4823. Priorities; State financial assistance awards (a) Priorities. State financial assistance available under this subchapter shall in each fiscal year be allocated according to the following priorities, except as provided by subsection (b) of this section, and as further defi…

§ 4824. State financial assistance awards (a) State grant. State financial assistance awarded under this subchapter shall be in the form of a grant. When a State grant is intended to match federal financial assistance for the same on-farm improvement project, the State grant shal…

§ 4825. Reports Annually by January 15 of each year, the Secretary shall report to the General Assembly regarding activities in support of the objectives of this subchapter, including use of State, federal, and private funds: (1) undertaken during the preceding fiscal year; (2) i…

§ 4826. Cost assistance for waste storage facilities (a) The owner or operator of a farm required under section 4815 of this title to design, construct, or modify a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for cost assistance. …

§ 4828. Capital Equipment Assistance Program (a) It is the purpose of this section to provide assistance to purchase or use innovative equipment that will aid in the reduction of surface runoff of agricultural wastes to State waters, improve water quality of State waters, reduce …

§ 4829. Conservation Reserve Enhancement Program (a) The Conservation Reserve Enhancement Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State or federal financial assistance for the implementation of alternative nutrient re…

§ 4830. Agricultural Environmental Management Program (a) The Agricultural Environmental Management Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State financial assistance to alternatively manage their farmstead, cropland,…

§ 4831. Vermont Seeding and Filter Strip Program (a) The Secretary of Agriculture, Food and Markets is authorized to develop a Vermont Critical Source Area Seeding and Filter Strip Program in addition to the federal Conservation Reserve Enhancement Program in order to compensate …

§ 4832. Farm Agronomic Practices Program The Farm Agronomic Practices Program is created in the Agency of Agriculture, Food and Markets to promote soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and redu…

§ 4849. Recycling animal waste nutrients In order to best use the nutrients of animal waste generated by farm operations, the Agency of Agriculture, Food and Markets together with the Department of Public Service shall use available resources to inform farm operations of appropri…

§ 4850. Definitions As used in this subchapter: (1) “Domestic fowl” means laying-hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl. (2) “Livestock” means cattle, mature cow/calf pairs, youngstock, heifers, bulls, swine, she…

§ 4851. Permit requirements for large farm operations (a) No person shall, without a permit from the Secretary, construct a new barn, or expand an existing barn, designed to house more than 700 mature dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine w…

§ 4852. Rules The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 concerning program administration, program enforcement, appeals and standards for waste management and waste storage, setbacks or siting criteria for new construction or expansion, groundwater contaminati…

§ 4853. Informational meeting (a) Upon receipt by the Secretary of a permit application for construction of a new barn under this subchapter, the Secretary shall establish an advisory group to assist in reviewing the application. The advisory group shall consist of, in addition t…

§ 4855. Permit appeal A person seeking a permit who is aggrieved by a final decision of the Secretary may appeal de novo to the Environmental Division within 30 days of the final decision of the Secretary. The only parties to the appeal shall be the person seeking the permit and …

§ 4857. Definitions As used in this subchapter: (1) “Animal feeding operation” (AFO) means a lot or facility where the livestock or domestic fowl have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops,…

§ 4858. Medium farm operation permits (a) Authorization to operation. No person shall operate a medium farm without authorization from the Secretary pursuant to this section. Under exceptional conditions, specified in subsection (d) of this section, authorization from the Secreta…

§ 4859. Public notice and hearing The Secretary shall issue public notices and conduct public hearings regarding the issuance of general or individual permits under this subchapter consistent with the requirements set forth in 40 C.F.R. Part 124. (Added 2003, No. 149 (Adj. Sess.)…