Act No. 147

(S.207)

Agriculture; preliminary incubation (PI) count in raw milk; harvesting of trees

This act addresses preliminary incubation (PI) count problems in the raw milk supply and it addresses the unlawful cutting of trees.

The act prohibits purchasers of raw milk from rejecting a milk supply based solely on a preliminary incubation count.

It requires the agency of agriculture, food and markets to conduct a study and issue a report to the house and senate committees on agriculture regarding the extent to which milk quality problems, including preliminary incubation count, exist in Vermont's milk supply and any potential regulatory and legislative solutions to address these problems.

It provides that a person who unlawfully cuts trees may be assessed a civil penalty. The amount of the civil penalty is based on the diameter of a tree or trees that are unlawfully cut, felled, destroyed, or substantially damaged.

It requires a landowner who authorizes a timber harvest to clearly and accurately mark the harvest unit before the harvest begins and assigns a civil penalty of not less than $250.00 and not more than $1,000.00 to any landowner whose failure to clearly and accurately mark a harvest unit results in the unlawful cutting of trees.

The act exempts under certain conditions the agency of transportation, municipalities, authorized harvesters, railroads, and surveyors from penalties or liability for the unlawful cutting of trees.

It clarifies that a person injured by the unlawful cutting of trees may recover the greater of treble damages or the civil penalty for each tree.

It allows a cause of action for damages to be brought against a landowner whose failure to clearly and accurately mark the timber harvest results in damages to the property of another person.

Finally, the act provides that the unlawful cutting of trees and the improper marking of harvest units is a judicial bureau offense.

Date Signed by the Governor:  June 1, 2010

Effective Date:  Sections pertaining to preliminary incubation count findings and the milk quality study are effective on passage (June 1, 2010, the date on which the governor signed the bill). The prohibition against using preliminary incubation count as the sole basis for rejecting a milk supply takes effect on July 1, 2011. Sections pertaining to the unlawful cutting of trees and the marking of harvest units take effect July 1, 2010.