§ 351. Definitions
As used in this chapter:
(1) “Animal” means all living sentient creatures, not human beings.
(2) “Secretary” means the Secretary of Agriculture, Food and Markets.
(3) “Horse” means the entire family of Equidae.
(4) “Humane officer” or “officer” means:
(A) any enforcement officer as defined in 23 V.S.A. § 4(11)(A) or investigator employed by the Office of the Attorney General or State’s Attorney;
or
(B) an individual who has received the animal cruelty response training who is:
(i) an animal control officer employed by a municipal or State law enforcement agency
to perform the duties and functions of a humane officer; or
(ii) a Division of Animal Welfare employee authorized to conduct investigations under this
chapter.
(5) “Humane society” or “society for prevention of cruelty to animals” means a private,
nonprofit animal care facility registered and in good standing with the Vermont Secretary
of State.
(6) “Local board of health” means the town or city health officer and the selectboard
members or aldermen.
(7) “Necessary medical attention” shall include medical or surgical treatment for injury,
disease, excessive parasitism, dehydration, malnutrition, pain, or impaired locomotive
function.
(8) “Person” means any individual, firm, partnership, or corporation, or authorized agent
or representative of a person, partnership, or corporation.
(9) “Sanitation” means the maintenance of clean conditions for indoor and outdoor enclosures
to minimize health hazards, including periodic cleanings to remove excretions or other
waste materials, dirt, and trash.
(10) “Torture” or “torment” means omission, neglect, or an act by an animal owner or other
person, whereby physical pain, suffering, or death is caused or permitted to be caused
to an animal.
(11) “Livestock” means cattle, bison, horses, sheep, goats, swine, Cervidae, ratites, and
camelids.
(12) “Poultry” means meat and egg producing chickens, exhibition (fancy) chickens, turkeys,
domestic ducks, geese, pheasants, chicken partridge, and cotarnix quail.
(13) “Livestock and poultry husbandry practices” means the raising, management and using
of animals to provide humans with food, fiber, or transportation in a manner consistent
with:
(A) husbandry practices recommended for the species by fully accredited agricultural colleges
and the U.S. Department of Agriculture Extension Service;
(B) husbandry practices modified for the species to conform to the Vermont environment
and terrain; and
(C) husbandry practices that minimize pain and suffering.
(14) “Agricultural or sporting association” means an organization or association determined
by the Secretary.
(15) “Living space” means any cage, crate, or other structure used to confine an animal
that serves as its principal, primary housing and that provides protection from the
elements. Living space does not include a structure, such as a doghouse, in which
an animal is not confined, or a cage, crate, or other structure in which the animal
is temporarily confined.
(16) “Adequate food” means food that is not spoiled or contaminated and is of sufficient
nutritional content to meet the normal daily requirements for the condition and size
of the animal and the environment in which it is kept. An animal shall be fed or have
food available at least once each day, unless a licensed veterinarian instructs otherwise
or withholding food is in accordance with accepted veterinary practices or livestock
and poultry husbandry practices.
(17) “Adequate water” means potable water that is either accessible to the animal at all
times or is provided at suitable intervals for the species and in sufficient quantity
for the health of the animal. In no event shall the interval when water is not provided
exceed 24 hours. Snow or ice is not an adequate water source unless provided in accordance
with livestock and poultry husbandry practices.
(18) [Repealed.]
(19) “Enclosure” means any structure, fence, device, or other barrier used to restrict
an animal or animals to a limited amount of space.
(20) “Livestock guardian dog” means a purpose-bred dog that is:
(A) specifically trained to live with livestock without causing them harm while repelling
predators;
(B) being used to live with and guard livestock; and
(C) acclimated to local weather conditions.
(21) “Sexual conduct” means:
(A) any act between a person and animal that involves contact between the mouth, sex organ,
or anus of a person and the mouth, sex organ, or anus of an animal; or
(B) without a bona fide veterinary or animal husbandry purpose, the insertion, however
slight, of any part of a person’s body or of any instrument, apparatus, or other object
into the vaginal or anal opening of an animal.
(22) “Adequate constructed shelter” means a well-drained and structurally sound building
with a waterproof roof that is of sufficient size to provide a windbreak and protection
from exposure to prevailing winds, rain, hail, sleet, snow, and sun and that provides
enough space to accommodate at one time all livestock and animals comfortably. The
building opening size and height shall, at a minimum, allow six inches of clearance
above the largest animal’s ears when the animal is standing in a normal position,
and the clearance shall be maintained at that level even with manure and litter buildup.
(23) “Adequate natural shelter” means a natural structure or formation, which may include
a stand of trees that:
(A) is a well-drained area of sufficient size to provide a windbreak and protection from
exposure to prevailing winds, rain, hail, sleet, sun, and snow; and
(B) provides enough space to accommodate at one time all livestock or animals maintained
out-of-doors in the area.
(24) “Adequate ventilation” means that ventilation in an enclosed or confined area shall
be sufficient to control excessive ambient temperatures and humidity and to prevent
the accumulation of toxic gases, such as ammonia. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 1997, No. 130 (Adj. Sess.), § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 120 (Adj. Sess.), § 1; 2009, No. 121 (Adj. Sess.), § 4; 2013, No. 161 (Adj. Sess.), § 72; 2013, No. 162 (Adj. Sess.), § 1; 2017, No. 58, § 1; 2017, No. 62, § 10; 2019, No. 116 (Adj. Sess.), § 1; 2021, No. 38, § 1; 2023, No. 167 (Adj. Sess.), § 3, eff. July 1, 2024; 2023, No. 167 (Adj. Sess.), § 3, eff. January 1, 2025.)