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NO. 88. AN ACT RELATING TO THE DEFINITION OF DOMESTIC ANIMAL AND DRUG USE IN MILK.

(H.759)

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

Sec. 1. 6 V.S.A. § 1151 is amended to read:

§ 1151. DEFINITIONS

As used in this part:

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(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*[,]* and ratites (ostriches, rheas, and emus)*[, reptiles and amphibians. The term does not include those species of amphibians and reptiles native]*

*[ to Vermont]*. The term shall include cultured trout propagated by commercial trout farms.

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Sec. 2. 6 V.S.A. § 2744a is amended to read:

§ 2744a. DRUGS

(a) No producer shall sell milk which contains any drug or drugs in excess of tolerances established by the United States Food and Drug Administration in the Code of Federal Regulations.

(b) In the event that milk from a dairy farm contains a drug, no more milk produced by that producer shall be received by any milk dealer, or handler, for a period of up to two days. In the event of a second violation within a 12-month period, no more milk produced by that producer shall be received by any milk dealer, or handler, for a *[minimum]* period of up to four days. In the event of a third *[occurrence]* violation within a 12-month period, the commissioner shall, at a minimum, take the same action as required for a second violation and may prohibit the producer from selling milk in this state. No handler, or dealer, shall accept milk from a producer whose ability to sell milk is suspended or terminated.

(c) In lieu of suspending a producer's ability to sell milk, the commissioner may issue an administrative penalty. The amount of the penalty shall not exceed the value of the milk which could have been prohibited from sale. A producer who fails to pay anadministrative penalty, after opportunity for hearing, shall have his, or her, ability to sell milk suspended until the penalty is paid. In lieu of suspending a producer's ability to sell

milk, the commissioner may accept the assessment by the milk dealer or handler, against the producer, of damages beyond the milk dealer's, or handler's control which occurred as a result of purchasing the contaminated milk, as an equivalent penalty.

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Approved: April 13, 1998