Title 06, Title 06: Agriculture

§ 254. Authority of the Secretary (a) The Secretary shall conduct any referenda held under this chapter and shall be the final arbiter of referenda results. He or she shall be responsible for the administration of any marketing rules, provided that funding is available. (b) The S…

§ 255. Eligibility of producers; conduct of referendum (a) Only persons who verify pursuant to this section that they are producers shall be eligible to vote in a referendum. The Secretary shall prepare a list of all persons believed to be producers. At least 28 days prior to the…

§ 256. Marketing Rule Fund (a) A special administrative fund, to be known as the Marketing Rule Fund, is created for the purpose of holding monies collected by the Secretary under this chapter. The fund shall be organized and managed in accordance with 32 V.S.A. chapter 7, subcha…

§ 321. Title This chapter shall be known as the “Vermont Commercial Feed Law of 1986.” (Added 1985, No. 126 (Adj. Sess.), § 2.)

§ 322. Enforcing official This chapter shall be administered by the Secretary of Agriculture, Food and Markets or his or her designee, hereafter referred to as the “Secretary.” (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

§ 323. Definitions As used in this chapter: (1) “Dosage form animal health product” means any product intended to affect the structure or function of the animal’s body or enhance or support the health or well-being of livestock, poultry, dogs, cats, or other domestic animals that…

§ 324. Registration and fees (a) No person shall manufacture or distribute a commercial feed, feed supplement, or dosage form animal health product in this State unless that person has first filed with the Agency of Agriculture, Food and Markets, in a form and manner to be prescr…

§ 325. Labeling (a) A commercial feed or feed supplement, except a customer-formula feed, shall be accompanied by a label bearing the following information: (1) the net weight; (2) the product name and the brand name, if any, under which the commercial feed or feed supplement is …

§ 326. Misbranding A commercial feed, feed supplement, or dosage form animal health product shall be deemed to be misbranded if: (1) its labeling is false or misleading in any particular; (2) it is distributed under the name of another commercial feed, feed supplement, or dosage …

§ 327. Adulteration (a) A commercial feed including whole seeds shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance that may render it injurious to human or animal health, but in case the substance is not an added substance, the commer…

§ 329. Rules (a) The Secretary is authorized to adopt rules establishing procedures or standards, or both, for product registration, labeling, adulteration, reporting, inspection, sampling, guarantees, product analysis, or other conditions necessary for the implementation and enf…

§ 330. Inspection; sampling; analysis (a) For the purpose of enforcing this chapter and determining whether or not an operation may be subject to these provisions, the Secretary upon presenting appropriate credentials is authorized to engage in one or more of the following action…

§ 331. Product deficiency; short weight (a) No registrant may produce, package, distribute, or possess any commercial feed, feed supplement, or dosage form animal health product that is short weight or deficient in either guaranteed ingredients or guaranteed analysis. The Secreta…

§ 332. Detained commercial feeds, feed supplements, or dosage form animal health products (a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of commercial feed, feed supplement, or dosage form animal health product is being distrib…

§ 333. Penalties (a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a criminal fine not to exceed $1,000.00. Each violation shall be a separate and distinc…

§ 334. Cooperation with other entities The Secretary may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.…

§ 336. Administrative penalty Consistent with chapter 1 of this title, the Secretary may assess an administrative penalty upon determining that a person has violated a rule issued under this chapter or has violated this chapter in the following manner: (1) distributed a feed, fee…

§ 351. Definitions; fresh eggs (a) For the purposes of this chapter, the following definitions shall be in effect: (1) “Candling” means that process by that the apparent condition of the egg is determined by holding and twirling the egg before a bright light. Any type or make of …

§ 351a. Application The provisions of this chapter shall apply to all shipments, containers, or displays in which eggs are packed, distributed, sold, held in storage, offered, or exposed for sale. (Added 1973, No. 149 (Adj. Sess.), § 8.)

§ 352. Prohibition A person shall not: (1) sell, expose, offer for sale, or advertise for sale or exchange in Vermont as “fresh,” “strictly fresh,” “hennery,” “new laid,” “native,” “today’s,” “nearby,” “selected,” “guaranteed,” “new arrivals,” “A 1 candled,” or other words or des…

§ 353. Shell-treated eggs Eggs that have been shell treated or shell protected may be sold as fresh eggs, provided they show no more than traces of approved protective covering on the shells. (Amended 1973, No. 149 (Adj. Sess.), § 3.)

§ 354. Marking of containers Each container containing eggs being sold, exposed, offered, or advertised for sale or exchange in this State for human consumption must be plainly and conspicuously marked with the proper designation of the size and quality grades adopted by the Secr…

§ 354a. Containers A person shall not pack shell eggs in containers that are not structurally sound and clean. (Added 1973, No. 149 (Adj. Sess.), § 9.)

§ 355. Enforcement; rules; inspectors The Secretary of Agriculture, Food and Markets shall enforce the provisions of this chapter and shall establish such rules and employ such inspectors as are deemed necessary and advisable. Such duly appointed inspectors shall have free access…

§ 356. Notice of violation When the Secretary of Agriculture, Food and Markets determines that a person is violating this chapter or any rule adopted thereunder, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requeste…

§ 357. Penalty (a) Notwithstanding the requirements of section 356 of this title, the Secretary at any time may pursue one or more of the following: (1) issue an appropriate order including a cease and desist or stop sale order to a person the Secretary believes to be in violatio…

§ 358. Disposition of fines Such fines as are collected under the provisions of this chapter shall belong and be paid to the State.

§ 361. Title This chapter shall be known as the “Fertilizer, Lime, and Beneficial Substances Law.” (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2023, No. 160 (Adj. Sess.), § 5, eff. July 1, 2024; 2025, No. 59, § 1, eff. July 1, 2025.)

§ 362. Enforcing official This chapter shall be administered by the Secretary of Agriculture, Food and Markets or designee, hereafter referred to as the Secretary. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

§ 363. Definitions As used in this chapter: (1) “Agricultural lime” or “agricultural liming material” or “lime” means one or more of the following: (A) All products with calcium and magnesium compounds that are capable of neutralizing soil acidity and that are intended, sold, or …

§ 364. Registration (a) Each brand or grade or formula of fertilizer or beneficial substance shall be registered in the name of the person whose name appears upon the label before being distributed in this State. The application for registration shall be submitted to the Secretar…

§ 365. Labels (a)(1) Any fertilizer or agricultural lime distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (A) net weight; (B) brand and grade, provided…

§ 366. Tonnage fees (a) A person distributing fertilizer to a nonregistrant consumer in the State annually shall pay the following fees to the Secretary: (1) a $150.00 minimum tonnage fee; (2) $0.50 per ton of agricultural fertilizer distributed; and (3) $30.00 per ton of nonagri…

§ 367. Inspection; sampling; analysis For the purpose of enforcing this chapter and determining whether fertilizers, beneficial substances, and lime distributed in this State endanger the health and safety of Vermont citizens, the Secretary upon presenting appropriate credentials…

§ 368. Misbranding (a) No person shall distribute a misbranded fertilizer, beneficial substance, or agricultural lime. A fertilizer or beneficial substance shall be deemed to be misbranded if the Secretary determines one or more of the following: (1) The labeling is false or misl…

§ 369. Adulteration No person shall distribute an adulterated lime, beneficial substance, or fertilizer product. A fertilizer, beneficial substance, or lime shall be deemed to be adulterated if: (1) it contains any deleterious or harmful ingredient in an amount sufficient to rend…

§ 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer and beneficial substances (a) The Secretary shall publish on an annual basis: (1) information concerning the distribution of fertilizers, beneficial substances, and limes; and (2) results…

§ 371. Rules The Secretary is authorized to adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement the intent of this chapter and to enforce those rules. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10…

§ 372. Plant food variations (a) The Secretary may assess a penalty upon finding that a fertilizer does not conform to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium content. A fertilizer shall be deemed out-of-conformance if …

§ 373. Commercial value After consultation with the fertilizer industry, the Secretary shall determine periodically the values per unit of nitrogen, available phosphoric acid, and potash in fertilizers. The commercial value determined and published shall be considered in determin…

§ 374. Short weight (a) If any fertilizer, beneficial substance, or agricultural liming material is found to be short in net weight, the registrant of the fertilizer, beneficial substance, or lime shall pay a penalty of three times the value of the actual shortage to the affected…

§ 375. Cancellation of registration The Secretary is authorized to cancel or suspend the registration of any fertilizer, beneficial substance, or lime or refuse a registration application if the provisions of this chapter or the rules adopted under this chapter have been violated…

§ 376. Detained fertilizer, beneficial substance, and lime (a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of fertilizer, beneficial substance, or lime is being distributed in violation of any of the provisions of this chapter o…

§ 377. Appeal Any party adversely affected by a decision of the Secretary made pursuant to section 372, 374, or 375 of this title may appeal questions of law to a Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

§ 378. Penalty (a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a fine not to exceed $1,000.00. Each violation shall be a separate and distinct offense, …

§ 379. Exchanges between manufacturers Nothing in this chapter shall be construed to restrict or impair sales or exchanges of fertilizers or beneficial substances to each other by importers, manufacturers, or manipulators who mix fertilizer materials or beneficial substances for …