Title 06, Title 06: Agriculture

§ 13. Assurances of discontinuance (a) As an alternative to administrative or judicial proceedings, the Secretary may accept an assurance of discontinuance of any violation. An assurance of discontinuance may include: (1) specific actions to be taken; (2) abatement or mitigation …

§ 14. Acceptance of gifts of real property The Secretary, with the approval of the Governor, may accept gifts of the rights and interests in real property in the manner provided by 10 V.S.A. chapter 155. Rights or interests in real property acquired by the Secretary through trans…

§ 15. Administrative penalties (a) In addition to other penalties provided by law, the Secretary may assess administrative penalties, not to exceed $5,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is otherwise provided…

§ 16. Notice and fair hearing requirements (a) The Secretary shall use the following procedures in assessing the penalty under section 15 of this title: the alleged violator shall be given an opportunity for hearing after reasonable notice, and the notice shall be served by perso…

§ 17. Collections (a) The Secretary may collect an unpaid administrative or civil penalty by filing a civil collection action in any Superior Court or through any other means available to State agencies. (b) The Secretary may, subject to 3 V.S.A. chapter 25, suspend any license, …

§ 18. Certificate of free sale (a) The Secretary is hereby authorized to make available certificates of free sale to applicants who manufacture or produce Vermont food regulated by the Agency for the limited purpose of facilitating the shipment of such products for sale in foreig…

§ 19. Emergency livestock feed program (a) An emergency livestock feed program is established. The Secretary of Agriculture, Food and Markets is hereby authorized to administer an emergency livestock feed program to distribute funds to farmers who live in a county designated a na…

§ 2. Appointment of Secretary of Agriculture, Food and Markets Biennially, in the month of February, with the advice and consent of the Senate, the Governor shall appoint a Secretary of Agriculture, Food and Markets. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991…

§ 20. Vermont Food Animal Veterinarian Educational Loan Repayment Fund (a) There is created a special fund to be known as the Vermont Food Animal Veterinarian Educational Loan Repayment Fund that shall be used for the purpose of ensuring a stable and adequate supply of food anima…

§ 21. Authority to address public health hazards and food safety issues (a) As used in this section: (1) “Adulterated” has the same meaning as in 18 V.S.A. § 4059 and shall include adulteration under rules adopted under 18 V.S.A. chapter 82. (2) “Emergency” means any natural disa…

§ 22. License applications and pending allegations or past violations (a) Notwithstanding any law to the contrary in this title, Title 9, or Title 20, the Agency may simultaneously evaluate pending applications and ongoing compliance concerns, provided it affords proper notice an…

§ 23. Good standing for agency grants (a) As used in this section, “good standing” means an applicant for a grant exclusively awarded by the Agency: (1) does not have an active enforcement violation that has reached a final order with the Secretary; and (2) is in compliance with …

§ 3. Duties of Secretary generally; educational work The Secretary shall promote the agricultural interests and education throughout the State by means of institutes, farmers’ meetings, lectures, essays, bulletins, crop reports, nature leaflets, and such other means as he or she …

§ 4. Meetings outside State The Secretary may attend conventions, meetings, or institutes relating to agriculture held in other states or countries. With the approval of the Governor, he or she may use a portion of the monies apportioned for agriculture to represent the State by …

§ 6. Combined licenses The Secretary of Agriculture, Food and Markets shall publish a combined application and shall issue a combined license for any person desiring to be licensed under more than one of the following provisions: retail vendors licensed under sections 1109, 2723a…

§ 7. Feed, seed, and fertilizer authority Authority to administer and enforce the provisions of chapter 35 of this title is hereby transferred from the Director of the Experiment Station to the Secretary of Agriculture, Food and Markets. Any reference in chapter 35 to the words D…

§ 8. Agricultural lands planning criteria (a) The Secretary shall establish guidelines to assist municipal and regional planning commissions in identifying agricultural lands. The guidelines shall provide, but not be limited to: (1) soil characteristics appropriate to agricultura…

§ 9. Service charges The Secretary may assess charges for services rendered by Agency employees to commercial enterprises that are not required by or otherwise referred to in statute. The Secretary may also assess charges for inspections that are conducted to confirm that action …

§ 31. Program established The Agricultural Land Development Rights Acquisition Program is established within the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall hire or contract with an agricultural land use planner to assist in devel…

§ 32. Duties of the Secretary of Agriculture, Food and Markets (a) The Secretary of Agriculture, Food and Markets shall develop by rule, with the advice and consent of the Housing and Conservation Board: (1) a program for selecting and recommending to the Housing and Conservation…

§ 33. Assessments After acquisition of development rights by the State, the agricultural landowner shall be taxed, under 32 V.S.A. chapter 123, upon the fair market value of the remaining rights or interests to which title is retained. The Department of Taxes and the municipality…

§ 61. Information collection and confidentiality The Secretary may collect information on subjects within the jurisdiction of the Agency, including data obtained from questionnaires, surveys, physical samples, databases, and laboratory analyses conducted by the Agency. This infor…

§ 63. Compilation of abstracts; forms; expenses On or before July 1, the town clerk shall forward such abstracts to the Secretary of Agriculture, Food and Markets, who shall have the abstracts for the entire State compiled and shall make such information available for the newspap…

§ 121. Creation and purpose There is created within the Agency of Agriculture, Food and Markets a central testing laboratory for the purpose of providing agricultural, environmental, and other necessary testing services. (Amended 1981, No. 22; 1989, No. 256 (Adj. Sess.), § 10(a),…

§ 122. Fees Notwithstanding 32 V.S.A. § 603, the Agency shall establish fees for providing agricultural, environmental, and other necessary testing services at the request of private individuals and State agencies. The fees shall be reasonably related to the cost of providing the…

§ 123. Regulated drugs (a) Except as provided in subsection (b) of this section, the provisions of 18 V.S.A. chapter 84 shall not apply to the Secretary or designee in the otherwise lawful performance of his or her official duties requiring the possession or control of regulated …

§ 171. Establishment of grades and standards The Secretary of Agriculture, Food and Markets may establish and adopt official grades and standards for such farm products as he or she may deem advisable that are produced for sale in this State and, from time to time, may amend or m…

§ 172. Notice and hearing Before establishing, amending, or modifying any such grades or standards, the Secretary shall hold properly advertised public hearings in such places within the State as he or she shall deem proper. Notice of such hearing shall specify the date and place…

§ 173. Designation of brands, labels, or trademarks The Secretary may determine or design brands, labels, or trademarks for identifying farm products packed in accordance with official grades and standards so established and may cause to be printed the brands, labels, or trademar…

§ 174. Publication of grades, standards, brands, labels, or trademarks Upon the establishment of such grades or standards and upon the determination of brands, labels, or trademarks, the Secretary shall give them due publicity and distribute information relative to their use. (Am…

§ 175. Revocation of right to use brands, labels, or trademarks The Secretary may revoke or suspend the right to use such brands, labels, or trademarks whenever it appears on investigation that they have been used to identify farm products not in fact conforming to the grade indi…

§ 176. Inspectors and certificates of inspection The Secretary may employ inspectors to inspect farm products marked, branded, or labeled in accordance with official grades or standards established and adopted by the Secretary for the purpose of determining and certifying the qua…

§ 177. Access to buildings or places; examination The Secretary, in person or by deputy, shall have free access at all reasonable hours to any building or other place where it is reasonably believed that farm products marked, branded, or labeled in accordance with official grades…

§ 178. Unlawful acts; penalties (a) After notice of the establishment of grades or standards and the determination of brands, labels, or trademarks, it shall be unlawful to use a brand, label, or trademark to identify farm products as being of an established grade before a permit…

§ 179. Rules; fees (a) The Secretary may adopt rules for carrying out the purposes of this chapter. (b) The Secretary may charge fees for inspection of farm and agricultural commodities or storage facilities and for the establishment of reasonable tolerances incident to proper gr…

§ 180. Additional authority The Secretary shall have authority as follows: (1) to collect and diffuse timely information relative to the seasonal supply, demand, and prevailing price of farm products, both wholesale and retail; the movement of farm products through commercial cha…

§ 201. Labeling of irradiated foods All fruits, vegetables, meats, poultry, eggs, dairy products, and other natural and processed products offered for sale at retail or wholesale in Vermont for human or animal consumption that indicate pursuant to federal law that they have been …

§ 202. Penalty Each day the provisions of this chapter are violated shall constitute a separate civil offense. Anyone found in violation of this chapter shall be fined not more than $500.00. (Added 1985, No. 247 (Adj. Sess.).)

§ 231. Definition The word “person,” as used in this chapter, shall include corporations, companies, societies, and associations. The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within …

§ 232. Application of chapter The provisions of this chapter shall apply to all packages, containers, or receptacles in which apples are packed, distributed, sold, offered, or exposed for sale except as provided for in this chapter. (Amended 2021, No. 105 (Adj. Sess.), § 52, eff.…

§ 233. Establishment of grades The Secretary of Agriculture, Food and Markets, after hearings advertised as provided in section 172 of this title, shall establish and adopt grades on apples and may amend or modify such grades. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)

§ 234. Marks on containers Every package, container, or receptacle of apples that is packed, sold, distributed, offered, or exposed for sale or distribution in the State by any person shall be plainly and conspicuously marked with the name and address of the packer or person by w…

§ 235. Exemptions as to markings On containers or display racks from which apples are sold in retail quantities, the variety, grade, and minimum size shall be clearly indicated, but the provision of section 234 of this title as to markings of name and address of the packer or per…

§ 236. Marks on containers as to weight, measure, or count The provisions of 9 V.S.A. chapter 73 shall apply to this chapter.

§ 237. Notice of violation When the Secretary becomes cognizant of a violation of a provision of this chapter, he or she may cause notice of such fact to be given to the person concerned and to the State’s Attorney of the county in which the offense was committed. (Amended 2003, …

§ 238. Rules The Secretary of Agriculture, Food and Markets shall make and publish uniform rules for carrying out the provisions of this chapter. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 14.)