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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 6: Agriculture

Chapter 026: COMMERCIAL FEEDS

  • § 321. Title

    This chapter shall be known as the "Vermont Commercial Feed Law of 1986."  (Added 1985, No. 126 (Adj. Sess.), § 2.)

  • § 322. Enforcing official

    This chapter shall be administered by the Secretary of Agriculture, Food and Markets or his or her designee, hereafter referred to as the "Secretary."  (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

  • § 323. Definitions

    As used in this chapter:

    (1) "Dosage form animal health product" means any product intended to affect the structure or function of the animal's body or enhance or support the health or well-being of livestock, poultry, dogs, cats, or other domestic animals that does not provide nutritional benefit, does not require a prescription from a licensed veterinarian, is not intended for cosmetic purposes, or is exempted by the Secretary by rule. "Dosage form animal health product" shall not include a product regulated by the U.S. Food and Drug Administration as a drug.

    (2) "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed, feed supplement, dosage form animal health product, or a distributor or registrant and distinguishing it from that of others.

    (3) "Commercial feed" means all materials except whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of subsection 327(a) of this title, that are distributed for use as feed or for mixing in feed. The Secretary by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds, or substances are not intermixed or mixed with other materials and are not adulterated within the meaning of subsection 327(a) of this title.

    (4) "Customer-formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser.

    (5) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed, feed supplements, or dosage form animal health products or to supply, furnish, or otherwise provide commercial feed, feed supplements, or dosage form animal health products through any means, including sales outlets, catalogues, the telephone, the Internet, or any electronic means.

    (6) "Distributor" means any person who distributes commercial feeds, feed supplements, or dosage form animal health products.

    (7) "Drug" means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in domestic animals other than humans and substances other than feed intended to affect the structure or any function of the animal body.

    (8) "Feed ingredient" means each of the constituent materials making up a commercial feed.

    (9) "Feed supplement" means a material used with another to improve the nutritive balance or performance of the total and intended to be fed undiluted as a supplement to other feeds or offered free choice with other parts of the ration separately available or further diluted and mixed to produce a complete feed.

    (10) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed, feed supplement, or dosage form animal health product is distributed, or on the invoice or delivery slip with which a commercial feed, feed supplement, or dosage form animal health product is distributed.

    (11) "Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed, feed supplement, or dosage form animal health product or any of its containers, or the wrapper accompanying the commercial feed, feed supplement, or dosage form animal health product or advertisements, brochures, posters, electronic media, the Internet, and television and radio announcements used in promoting the sale of the commercial feed, feed supplement, or dosage form animal health product.

    (12) "Manufacture" means to produce, grind, mix, or blend, or further process a commercial feed, feed supplement, or dosage form animal health product for distribution.

    (13) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

    (14) "Official sample" means a sample of feed taken by the Secretary in accordance with the provisions of subdivision 330(3) of this title.

    (15) "Percent" or "percentages" means percentages by weights.

    (16) "Permitted analytical variances" means those allowances for the inherent variability in sampling and laboratory analysis.

    (17) "Pet" means any domesticated animal normally maintained in or near the household of the owner.

    (18) "Pet food" means any commercial feed prepared and distributed for consumption by pets.

    (19) "Product" means the name of the commercial feed, feed supplement, or dosage form animal health product that identifies it as to kind, class, or specific use.

    (20) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank.

    (21) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.

    (22) "Ton" means a net weight of 2,000 pounds avoirdupois. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)

  • § 324. Registration and fees

    (a) No person shall manufacture or distribute a commercial feed, feed supplement, or dosage form animal health product in this State unless that person has first filed with the Agency of Agriculture, Food and Markets, in a form and manner to be prescribed by rules by the Secretary:

    (1) the name of the manufacturer or distributor;

    (2) the manufacturer's or distributor's place of business;

    (3) the location of each manufacturing or distribution facility; and

    (4) any other information that the Secretary considers to be necessary.

    (b) A person shall not distribute in this State a commercial feed, feed supplement, or dosage form animal health product that has not been registered pursuant to the provisions of this chapter. Application shall be in a form and manner to be prescribed by rule of the Secretary. The Secretary shall have the authority to determine whether a product subject to an application shall be registered as a commercial feed, feed supplement, or dosage form animal health product.

    (c)(1) The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00 per product. The registration fees, along with any surcharges collected under subsection (d) of this section, shall be deposited in the special fund created by subsection 364(f) of this title. Funds deposited in this account shall be restricted to implementing and administering the provisions of this title and any other provisions of the law relating to fertilizer, lime, or seeds. If the Secretary so requests, the application for registration shall be accompanied by a label or other printed matter describing the product.

    (2) The application for registration of a dosage form animal health product shall be accompanied by a registration fee of $35.00 per product. The registration fees, along with any surcharges collected under subsection (d) of this section, shall be deposited in the special fund created by subsection 364(f) of this title. Funds deposited in this account shall be restricted to implementing and administering the provisions of this title and any other provisions of the law relating to items registered under this chapter. If the Secretary so requests, the application for registration shall be accompanied by a label or other printed matter describing the product.

    (d) No person shall distribute in this State any commercial feed, feed supplement, or dosage form animal health product required to be registered under this chapter upon which the Secretary has placed a withdrawal from distribution order because of nonregistration. A surcharge of $10.00, in addition to the registration fee required by subsection (c) of this section, shall accompany the application for registration of each product upon which a withdrawal from distribution order has been placed for reason of nonregistration, and must be received before removal of the withdrawal from distribution order.

    (e) No person shall distribute a commercial feed product in the State that is labeled as bait or feed for white-tailed deer. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan 1, 1991; 1999, No. 49, § 105; 2001, No. 143 (Adj. Sess.), § 36, eff. June 21, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 72, § 19; 2009, No. 134 (Adj. Sess.), § 10; 2013, No. 72, § 16; 2015, No. 149 (Adj. Sess.), § 3; 2019, No. 129 (Adj. Sess.), § 1; 2021, No. 41, § 9.)

  • § 325. Labeling

    (a) A commercial feed or feed supplement, except a customer-formula feed, shall be accompanied by a label bearing the following information:

    (1) the net weight;

    (2) the product name and the brand name, if any, under which the commercial feed or feed supplement is distributed;

    (3) the guaranteed analysis as required by rule in section 329 of this title;

    (4) the common, usual name or collective term of each ingredient used in the manufacture of the commercial feed or feed supplement in descending order;

    (5) the name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed or feed supplement;

    (6) adequate directions for use for all commercial feeds or feed supplements containing drugs and for other feeds as the Secretary may require by rule as necessary for their safe and effective use; and

    (7) precautionary statements required to ensure the safe and effective use of the commercial feed or feed supplement.

    (b) A dosage form animal health product shall be accompanied by a label bearing the following information:

    (1) the net weight or count;

    (2) the product name and the brand name, if any, under which the dosage form animal health product is distributed;

    (3) the established name of each active ingredient and the amount of active ingredient per serving in descending order;

    (4) the established name of each inactive ingredient in alphabetical order or in descending order by predominance of the ingredient;

    (5) the name, city, and town of the manufacturer or the person responsible for distributing the dosage form animal health product or an e-mail address for the manufacturer or distributor;

    (6) adequate directions for use of the dosage form animal health product;

    (7) precautionary statements and warnings required to ensure the safe and effective use of the dosage form animal health product; and

    (8) structure-function claim stating the intended use of the dosage form animal health product.

    (c) Customer-formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:

    (1) name and address of the manufacturer;

    (2) name and address of the purchaser;

    (3) date of delivery;

    (4) the name of each commercial feed and each other ingredient used in the mixture;

    (5) adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the Secretary may require by rule to ensure their safe and effective use;

    (6) the direction for use and precautionary statements;

    (7) when a drug-containing product is used:

    (A) the purpose of the medication or a claim statement; and

    (B) the established name of each active drug ingredient and the level of each drug used in the final mixture; and

    (8) the guaranteed analysis as required by rule pursuant to section 329 of this title.

    (d) For purposes of labeling customer-formula feeds, the guaranteed analysis is not required when:

    (1) one or more of the ingredients are provided to the manufacturer by the final purchaser; or

    (2) the manufacturer uses a guaranteed analysis provided by the final purchaser as part of the specific instructions for blending a customer-formula feed. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 1993, No. 13, §§ 1, 2; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)

  • § 326. Misbranding

    A commercial feed, feed supplement, or dosage form animal health product shall be deemed to be misbranded if:

    (1) its labeling is false or misleading in any particular;

    (2) it is distributed under the name of another commercial feed, feed supplement, or dosage form animal health product;

    (3) it is not labeled as required in section 325 of this title;

    (4) it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule of the Commissioner; or

    (5) information required to appear on the label in a conspicuous manner cannot be easily identified or understood under customary conditions of purchase and use. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2021, No. 41, § 9.)

  • § 327. Adulteration

    (a) A commercial feed including whole seeds shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance that may render it injurious to human or animal health, but in case the substance is not an added substance, the commercial feed shall not be considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health.

    (b) Any other commercial feed, feed supplement, or dosage form animal health product shall be deemed to be adulterated if:

    (1) any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;

    (2) its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

    (3) if use of the product may result in contamination of a raw agricultural product;

    (4) it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice and rules promulgated by the Secretary to ensure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it purports or is represented to possess; or

    (5) it contains viable weed seeds in amounts exceeding the limits that the Secretary shall establish by rule. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)

  • § 328. Repealed. 2021, No. 41, § 9.

  • § 329. Rules

    (a) The Secretary is authorized to adopt rules establishing procedures or standards, or both, for product registration, labeling, adulteration, reporting, inspection, sampling, guarantees, product analysis, or other conditions necessary for the implementation and enforcement of this chapter. Where appropriate, the rules shall be consistent with the model rules developed by the Association of American Feed Control Officials and regulations adopted by the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.

    (b) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, together with any regulation promulgated pursuant to the authority of the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., relevant to the subject matter of this chapter, are hereby adopted as rules under this chapter, together with all subsequent amendments. The Secretary may, by rule, amend or repeal any rule adopted under this subsection.

    (c) A person shall not manufacture or distribute raw milk as a commercial feed, feed supplement, or dosage form animal health product in the State for any species unless all of the following conditions are satisfied:

    (1) the raw milk shall be decharacterized using a sufficient method to render it distinguishable from products packaged for human consumption;

    (2) raw animal feed, feed supplements, dosage form animal health products, or pet food products shall be packaged in containers that are labeled "not for human consumption";

    (3) raw animal feed, feed supplements, dosage form animal health products, or pet food products shall not be stored or placed for retail sale with, or in the vicinity of, milk or milk products intended for human consumption; and

    (4) notwithstanding any rule adopted under subsection (b) of this section to the contrary of the provisions of this subsection, the manufacture and distribution of raw animal feed, feed supplements, dosage form animal health products, or pet food products shall comply with the requirements of this chapter. (Added 1985, No. 126 (Adj. Sess.) § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 64, § 18; 2021, No. 41, § 9.)

  • § 330. Inspection; sampling; analysis

    (a) For the purpose of enforcing this chapter and determining whether or not an operation may be subject to these provisions, the Secretary upon presenting appropriate credentials is authorized:

    (1) to enter any premises during normal business hours where commercial feeds, feed supplements, or dosage form animal health products are manufactured, processed, packed, or held for distribution and to stop and enter any vehicle being used to transport or hold feeds;

    (2) to inspect factories, warehouses, establishments, vehicles, equipment, finished and unfinished materials, containers, and labeling;

    (3) to sample commercial feed, feed ingredients, feed supplements, or dosage form animal health products.

    (b) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods. The results of all analyses of official samples shall be forwarded by the Secretary to the correspondent named in the registration form and to the purchaser. When the inspection and analysis of an official sample indicates that a commercial feed, feed supplement, or dosage form animal health product has been adulterated or misbranded and upon request within 30 days following receipt of the analysis, the Secretary shall furnish to the registrant a portion of the sample concerned. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)

  • § 331. Product deficiency; short weight

    (a) No registrant may produce, package, distribute, or possess any commercial feed, feed supplement, or dosage form animal health product that is short weight or deficient in either guaranteed ingredients or guaranteed analysis. The Secretary by rule shall establish permitted analytical variances that shall be used to determine whether a commercial feed, feed supplement, or dosage form animal health product is deficient.

    (b) The Secretary is authorized to assess administrative penalties for any product found to be short weight or deficient in guaranteed analysis. In assessing these penalties, the Secretary shall give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the registrant, and the overall history of prior violations. Administrative penalties shall be paid to the Secretary for deposit and use in the revolving account established by subsection 364(f) of this title. Penalties shall be assessed in the following manner:

    (1) any registrant who is found to have violated this section for a particular product for the first time during any calendar year shall receive an administrative penalty of not more than $150.00;

    (2) any registrant who is found to have violated this section with regard to the same product for the second time during the same calendar year shall receive an administrative penalty of not more than $300.00; and

    (3) any registrant who is found to have violated this section with regard to the same product on three or more occasions during the same calendar year shall receive an administrative penalty of not more than $500.00.

    (c) In assessing a penalty under this section, the Secretary shall issue a written notice of penalty to the registrant setting forth in a short and plain statement the alleged violation and the proposed fine. The notice shall state that the penalty will become final 14 days from the date the notice of penalty is issued unless the registrant requests a hearing before the Secretary.

    (d) Any registrant aggrieved by a decision of the Secretary may appeal questions of law to a Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing an action in any District or Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)

  • § 332. Detained commercial feeds, feed supplements, or dosage form animal health products

    (a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of commercial feed, feed supplement, or dosage form animal health product is being distributed in violation of any of the provisions of this chapter or any of the rules under this chapter, he or she may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed, feed supplement, or dosage form animal health product in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of commercial feed, feed supplement, or dosage animal health product withdrawn when this chapter and rules have been complied with. If compliance is not obtained within 30 days, the Secretary may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.

    (b) Condemnation and confiscation. Any lot of commercial feed, feed supplement, or dosage form animal health product not in compliance with this chapter and rules shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed, feed supplement, or dosage form animal health product to be in violation of this chapter and orders the condemnation of the commercial feed, feed supplement, or dosage form animal health product, it shall be disposed of in any manner consistent with the quality of the commercial feed, feed supplement, or dosage form animal health product and the laws of the State, provided that in no instance shall the disposition of the commercial feed, feed supplement, or dosage form animal health product be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed, feed supplement, or dosage form animal health product or for permission to process or relabel the commercial feed, feed supplement, or dosage form animal health product to bring it into compliance with this chapter. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)

  • § 333. Penalties

    (a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or an order of the Secretary made pursuant to this chapter shall be subject to a criminal fine not to exceed $1,000.00. Each violation shall be a separate and distinct offense and in the case of a continuing violation each day's continuance shall be deemed a separate and distinct offense.

    (b) A State's Attorney or the Attorney General to whom any violation is reported may cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

    (c) The Secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under this chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 15.)

  • § 334. Cooperation with other entities

    The Secretary may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

  • § 335. Repealed. 2009, No. 33, § 83(c)(2).

  • § 336. Administrative penalty

    Consistent with chapter 1 of this title, the Secretary may assess an administrative penalty upon determining that a person has violated a rule issued under this chapter or has violated this chapter in the following manner:

    (1) Distributed a feed, feed supplement, or dosage form animal health product without first obtaining the appropriate product registration.

    (2) Distributed a commercial feed, feed supplement, or dosage form animal health product without appropriate labeling.

    (3) Violated a cease and desist order.

    (4) Failed to meet the product guarantee on the label or for the custom formula feed.

    (5) Distributed a commercial feed, feed supplement, or dosage form animal health product that is adulterated as defined in section 327 of this chapter. (Added 1999, No. 49, § 106; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)