NO. 37.  AN ACT RELATING TO AGRICULTURE.

(S.11)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  REPEAL

6 V.S.A. § 181 (organic label design and organic farm advisory board) is repealed.

Sec. 2.  6 V.S.A. § 1151(2) and (14) are amended to read:

(2)  “Animal” or “domestic animal” means cattle, sheep, goats, equines, fallow deer, red deer, reindeer, American bison, swine, poultry, pheasant, Chukar partridge, Coturnix quail, psittacine birds, ferrets, camelids, ratites (ostriches, rheas, and emus), and water buffalo.  The term shall include cultured trout propagated by commercial trout farms.  However, an animal, including any of those listed in this subdivision, which is imported, possessed, or confined for the purpose of hunting it, shall be a wild animal and regulated by the fish and wildlife board and commissioner of fish and wildlife under the provisions of part 4 of Title 10.

(14)  “Reportable disease” means any disease determined by the commissioner by rule to be a reportable disease or contained in the following list:

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Listeriosis

Paratuberculosis (Johne’s disease), positive organism detection

Piroplasmosis

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Malignant Catarrhal Fever

Transmissible spongiform encephalopathies

Sec. 3.  6 V.S.A. § 1157 is amended to read:

§ 1157.  QUARANTINE

(a)  The commissioner may order any domestic animals, the premises upon which they are or have been located, any animal products derived from those domestic animals, and any equipment, materials, or products to which they have been exposed to be placed in quarantine if the animals:

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(c)  A quarantine order shall be effective immediately.  Notice of quarantine shall be delivered by certified mail, registered mail, or in person to the owner of the animals or to the person in possession or if the owner or person in possession is unknown, by publication in a newspaper of general circulation in the area.  The notice shall include:

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(3)  the duration of the quarantine, or what condition must be met to lift the quarantine, including conditions for the repopulation of the premises and disinfection of equipment, materials, and products;

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Sec. 4.  6 V.S.A. chapter 113 is amended to read:

CHAPTER 113.  FEEDING GARBAGE PROHIBITED

FOOD WASTE TO SWINE

§ 1671.  DEFINITION

For the purpose of this chapter, “garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods including animal carcasses or parts thereof prohibited food waste” means all waste material derived in whole or in part from the meat of any animal (including fish and poultry) or other animal material, other than processed dairy products, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking, disposal, or consumption of food, except that such term shall not include waste from ordinary household operations which is fed directly to swine raised exclusively for the use in the household of the owner of the swine by members of the household and nonpaying guests and employees.

§ 1672.  PERMIT FOR FEEDING GARBAGE TO SWINE FEEDING OF

              PROHIBITED FOOD WASTE

No person shall feed garbage prohibited food waste to swine without first securing a permit therefor from the Vermont department of agriculture, food and markets.  Such permits shall be renewed on September 1 of each year.  This chapter shall not apply to any person who feeds garbage from only his own domestic household to swine or supply prohibited food waste to others for the purpose of feeding it to swine.

§ 1673.  APPLICATION; FEE; REVOCATION OR REFUSAL OF PERMIT

Any person desiring to obtain a permit shall make written application to the Vermont department of agriculture, food and markets on forms furnished by it and pay a fee of $4.00. Such fees shall be remitted to the state treasurer.  Upon determination that any person having a permit issued under this chapter, or who has applied for a permit hereunder, has violated or failed to comply with any of the provisions of this chapter, or any of the rules or regulations promulgated thereunder, the Vermont department of agriculture, food and markets may revoke such permit or refuse to issue a permit to an applicant therefor.

§ 1674.  TREATMENT OF GARBAGE

Before being fed to swine, garbage, regardless of previous processing, shall be thoroughly heated to a boiling temperature for at least thirty minutes, unless treated in some other manner which shall be approved in writing by the department of agriculture, food and markets as being equally effective for the protection of public health and control of livestock diseases.

§ 1675.  INSPECTION AND INVESTIGATION; RECORDS

Any authorized representative of the Vermont department of agriculture, food and markets or United States department of agriculture Department of Agriculture is authorized to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the treatment of garbage to be fed the feeding of prohibited food waste to swine.  Such representatives are authorized to examine any records or memoranda pertaining to the feeding of garbage to swine.  The Vermont department of agriculture, food and markets may require maintenance of records relating to the operation of equipment for and procedure of treating garbage to be fed to swine. Copies of such records shall be submitted to the Vermont department on its request.

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§ 1677.  PENALTIES

A person who violates any of the provisions of, or who fails to perform any duty imposed by this chapter, or who violates any rule or regulation promulgated hereunder shall be fined not less than $10.00 nor more than $100.00 for each offense.  Each day upon which such violation occurs constitutes a separate offense.  In addition thereto, such person may be enjoined from further violation.  The department may revoke the permit, if any, held by such person and may refuse to issue a permit to him during a period of twelve months following his conviction under this chapter The commissioner may also seek administrative penalties under section 15 of this title for violations of this chapter.

Sec. 5.  6 V.S.A. § 2672 is amended to read:

§ 2672.  Definitions

As used in this part, the following terms have the following meanings:

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(2)  “Milk producer” or “producer” is a person, partnership, unincorporated association or corporation who owns or controls one or more cows, dairy goats or, dairy sheep, or water buffalo and sells or offers for sale a part or all of the milk produced by the animals.

(3)  “Dairy farm” is any place or premise where one or more cows, dairy goats or, dairy sheep, or water buffalo are kept and where a part, or all of the milk from the animals is sold or offered for sale.

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(7)  “Milk”:

(A)  “Cows’ milk” is the colostrum free colostrum-free, pure, lacteal product of healthy cows which contains not less than 11.50 percentum of total milk solids (to which nothing has been added or taken away).  Cows’ milk sold in retail packages shall contain not less than 3.25 percent milk fat, and not less than 8.25 percent nonfat milk solids.  The commissioner may, in accordance with chapter 25 of Title 3, promulgate a list of food grade additives which may be added to cows’ milk.  The additives used in cows’ milk sold in retail packages shall be conspicuously stated in descending order of importance on the label of the package in a manner approved by the commissioner.  Such milk may be standardized by the addition of pure, fresh skim milk or cream as defined by regulation.

(7a)(B)  “Goats’ milk” is the colostrum free colostrum-free, pure, lacteal product of healthy dairy goats which contains not less than 10 percentum of total milk solids (to which nothing has been added or taken away).  Goats’ milk sold in retail packages shall contain not less than 2.5 percent milk fat and not less than 7.5 percent nonfat milk solids.  The commissioner may, in accordance with chapter 25 of Title 3, promulgate a list of food grade additives which may be added to goats’ milk.  The additives used in goats’ milk sold in retail packages shall be conspicuously stated in descending order of importance on the label of the package in a manner approved by the commissioner.  Such milk may be standardized by the addition of pure, fresh skim milk or cream as defined by regulation.

(7b)(C)  “Sheep’s milk is the colostrum free colostrum-free, pure, lacteal product of healthy dairy sheep which contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).

(D)  “Water buffalo’s milk” is the colostrum-free, pure, lacteal product of healthy dairy water buffalo which contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).

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Sec. 6.  6 V.S.A. § 3305(8) and (14) are amended to read:

(8)  adopt by reference, or otherwise, provisions of the rules under the federal acts with changes as he or she deems appropriate to make them applicable to operations and transactions subject to this chapter which shall have the same effect as if promulgated under this chapter.  The commissioner may promulgate other rules as he or she deems necessary for the efficient execution of the provisions of this chapter, including rules of practice providing opportunity for hearing in connection with issuance of orders under subdivision (5) of section 3304 3304(5) or subdivisions (1), (2), or (3) of this section and prescribing establishing procedure for proceedings in these cases.  This shall not preclude a requirement that a label or container be withheld from use, or a refusal of inspection under subdivision (5) of section 3304 3304(5) or subdivision (1) or (3) of this section pending issuance of a final order in any proceeding.  The federal meat inspection regulations and federal poultry inspection regulations of the United States Department of Agriculture, Title 9, Code of Federal Regulations, Chapter 3, together with amendments, supplements, and revisions thereto, are adopted as part of this chapter;

(14)  require retail vendors who affix labels with a date to meat, meat food products or poultry products, to clearly and conspicuously post their policy concerning date of sale labeling in order to enable consumers to understand the policy.;

Approved:  May 26, 2003