The Vermont Statutes Online

Title 6: Agriculture

Chapter 028: Fertilizer and Lime

• § 361. Title

  This chapter shall be known as the “Fertilizer and Lime Law of 1986.” (Added 1985, No. 126 (Adj. Sess.), § 1.)

• § 362. Enforcing official

  This chapter shall be administered by the Secretary of Agriculture, Food and Markets or designee, hereafter referred to as the Secretary. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

• § 363. Definitions

  As used in this chapter:

  (1) “Agricultural lime” or “agricultural liming material” or “lime” means one or more of the following:

  (A) All products with calcium and magnesium compounds that are capable of neutralizing soil acidity and that are intended, sold, or offered for sale for agricultural or plant propagation purposes.

  (B) Limestone consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.

  (C) Industrial waste or industrial by-products that contain calcium; calcium and magnesium; or calcium, magnesium, and potassium in forms that are capable of neutralizing soil acidity and that are intended, sold, or offered for sale for agricultural purposes. For the purposes of this chapter, the terms “agricultural lime,” “lime,” and “agricultural liming material” shall have the same meaning.

  (2) “Brand” means a term, design, or trademark used in connection with one or more grades or formulas of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.

  (3) “Distribute” means to import, consign, manufacture, produce, compound, mix, or blend fertilizer or to offer for sale, sell, barter, or otherwise supply a fertilizer, a plant amendment, a plant biostimulant, a soil amendment, or lime in this State. “Distribute” shall include online sales.

  (4) “Distributor” means any person who distributes fertilizer, plant amendments, plant biostimulants, soil amendments, or lime.

  (5) “Exceptional quality biosolid” means a product derived in whole or in part from domestic wastes that have been subjected to and meet the requirements of the following:

  (A) a pathogen reduction process established in 40 C.F.R. § 503.32(a)(3), (4), (7), or (8);

  (B) one of the vector attraction reduction standards established in 40 C.F.R. § 503.33;

  (C) the contaminant concentration limits in Vermont Solid Waste Rules § 6-1303(a)(1); and

  (D) if derived from a composting process, Vermont Solid Waste Rules § 6-1303(a)(5).

  (6) “Fertilizer” means any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth or health, except unprocessed animal or vegetable manures and other products exempted by the Secretary.

  (A) A fertilizer material is a substance that either:

  (i) contains important quantities of at least one of the primary plant nutrients: nitrogen, phosphorus, or potassium;

  (ii) has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or

  (iii) is derived from a plant or chemical residue or by-product or natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.

  (B) A mixed fertilizer is a fertilizer containing any combination or mixture of fertilizer materials.

  (C) A specialty fertilizer is a fertilizer distributed for nonfarm use.

  (D) A bulk fertilizer is a fertilizer distributed in a nonpackaged form.

  (7) “Formulation” means a material or mixture of materials prepared according to a particular formula.

  (8) “Grade” means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash stated in whole numbers in the same terms, order, or percentages as in the guaranteed analysis. Specialty fertilizers and fertilizer materials may be guaranteed in fractional terms. Any grade expressed in fractional terms that is not preceded by a whole number shall be preceded by zero.

  (9) “Guaranteed analysis” means:

  (A) in reference to fertilizer, the minimum percentages of plant nutrients claimed by the manufacturer or producer of the product in the following order and form: nitrogen, phosphorus, and potash; and

  (B) in reference to agricultural lime or agricultural liming material, the minimum percentages of calcium oxide and magnesium oxide or calcium carbonate and the calcium carbonate equivalent, or both, as claimed by the manufacturer or producer of the product.

  (10) “Label” means the display of all written, printed, or graphic matter upon the immediate container or a statement accompanying a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.

  (11) “Labeling” means all written, printed, or graphic material upon or accompanying any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime, including advertisements, brochures, posters, and television and radio announcements used in promoting the sale of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.

  (12) “Official sample” means any sample of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime taken by the Secretary.

  (13) “Plant amendment” means any substance applied to plants or seeds that is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of plants, except for fertilizer, soil amendments, agricultural liming materials, animal and vegetable manures, pesticides, plant regulators, and other materials exempted by rule adopted under this chapter.

  (14) “Plant biostimulant” means a substance or microorganism that, when applied to seeds, plants, or the rhizosphere, stimulates natural processes to enhance or benefit nutrient uptake, nutrient efficiency, tolerance to abiotic stress, or crop quality and yield, except for fertilizers, soil amendments, plant amendments, or pesticides. The Secretary may modify the definition of “plant biostimulant” by rule or procedure in order to maintain consistency with U.S. Department of Agriculture requirements.

  (15) “Percent” or “percentage” means the percentage by weight.

  (16) “Primary nutrient” includes nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium.

  (17) “Product” means the name of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime that identifies it as to kind, class, or specific use.

  (18) “Registrant” means the person who registers a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime under the provisions of this chapter.

  (19) “Soil amendment” means a substance or mixture of substance that is intended to improve the physical, chemical, biological, or other characteristics of the soil, or a distinct form of horticultural growing media used in lieu of soil. “Soil amendment” does not mean fertilizers, agricultural liming materials, unprocessed animal manures, unprocessed vegetable manures, pesticides, plant biostimulants, and other materials exempted by rule. A compost product from a facility under the jurisdiction of the Agency of Natural Resources’ Solid Waste Management Rules or exceptional quality biosolids shall not be regulated as a soil amendment under this chapter, unless marketed and distributed for the use in the production of an agricultural commodity.

  (20) “Ton” means a net weight of 2,000 pounds avoirdupois.

  (21) “Use” includes all purposes for which a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime is applied.

  (22) “Weight” means the weight of undried material as offered for sale. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 17; 2021, No. 41, § 10; 2023, No. 6, § 38, eff. July 1, 2023; 2023, No. 73, § 17, eff. July 1, 2023.)

• § 364. Registration

  (a) Each brand or grade or formula of fertilizer, plant amendment, plant biostimulant, or soil amendment shall be registered in the name of the person whose name appears upon the label before being distributed in this State. The application for registration shall be submitted to the Secretary on a form furnished by the Agency of Agriculture, Food and Markets and shall be accompanied by a fee of $85.00 per grade or formulation registered. Upon approval by the Secretary, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:

  (1) the brand and grade or formulation;

  (2) the guaranteed analysis if applicable; and

  (3) the name and address of the registrant.

  (b) A distributor shall not be required to register any fertilizer, plant amendment, plant biostimulant, or soil amendment that is already registered under this chapter by another person, provided there is no change in the label for the fertilizer, plant amendment, plant biostimulant, or soil amendment.

  (c) A distributor shall not be required to register each grade of fertilizer formulated or each formulation of soil amendment according to specifications that are furnished by a consumer prior to mixing but shall be required to label the fertilizer or soil amendment as provided in subsection 365(b) of this title.

  (d) The Secretary may request additional proof of testing of products prior to registration for guaranteed analyses or adulterants.

  (e) Each separately identified agricultural lime product shall be registered before being distributed in this State. Registration shall be performed in the same manner as fertilizer registration except that each application shall be accompanied by a fee of $50.00 per product.

  (f) The registration and tonnage fees, along with any deficiency penalties collected pursuant to sections 331 and 372 of this title, shall be deposited in a special fund. Funds deposited in this fund shall be restricted to implementing and administering the provisions of this title and any other provisions of law relating to feeds and seeds. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1999, No. 49, § 107; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 72, § 20; 2013, No. 72, § 17; 2015, No. 149 (Adj. Sess.), § 4; 2021, No. 41, § 10.)

• § 365. Labels

  (a)(1) Any fertilizer or agricultural lime distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

  (A) net weight;

  (B) brand and grade, provided that grade shall not be required when no primary nutrients are claimed;

  (C) guaranteed analysis; and

  (D) name and address of the registrant.

  (2) For bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.

  (b) A fertilizer or lime formulated according to specifications furnished by a consumer prior to mixing shall be labeled to show the net weight, the guaranteed analysis or name, analysis and weight of each ingredient used in the mixture, and the name and address of the distributor and purchaser.

  (c) If the Secretary finds that a requirement for expressing calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among states, he or she may require by rule that the minimum percent of calcium oxide and magnesium oxide or calcium carbonate and magnesium carbonate, or both, shall be expressed in the following terms:

  Total Calcium (Ca) ......................................... percent

  Total Magnesium (Mg) ......................................... percent

  (d)(1) Any plant amendment, plant biostimulant, or soil amendment distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

  (A) net weight or volume;

  (B) brand name;

  (C) purpose of product;

  (D) directions for application;

  (E) guaranteed analysis; and

  (F) name and address of the registrant.

  (2) For bulk shipments of fertilizer, plant amendments, plant biostimulants, soil amendments, or lime, the information required under this subsection shall accompany delivery in written or printed form and shall be supplied to the purchaser at the time of delivery.

  (3) Under a rule adopted under this subsection, an affected person shall be given a reasonable time to come into compliance. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 18; 2021, No. 41, § 10.)

• § 366. Tonnage fees

  (a) A person distributing fertilizer to a nonregistrant consumer in the State annually shall pay the following fees to the Secretary:

  (1) a $150.00 minimum tonnage fee;

  (2) $0.50 per ton of agricultural fertilizer distributed; and

  (3) $30.00 per ton of nonagricultural fertilizer distributed.

  (b) Persons distributing fertilizer shall report annually on or before January 15 for the previous year ending December 31 to the Secretary revealing the amounts of each grade of fertilizer and the form in which the fertilizer was distributed within this State. Each report shall be accompanied with payment and written permission allowing the Secretary to examine the person’s books for the purpose of verifying tonnage reports.

  (c) No information concerning tonnage sales furnished to the Secretary under this section shall be disclosed in such a way as to divulge the details of the business operation to any person unless it is necessary for the enforcement of the provisions of this chapter.

  (d) Persons distributing a plant amendment, plant biostimulant, or soil amendment in the State shall report annually on or before January 15 for the previous year ending December 31 to the Secretary revealing the amounts of each formulation of plant amendment, plant biostimulant, or soil amendment and the form in which the plant amendment, plant biostimulant, or soil amendment was distributed within this State. Each report shall include a written authorization allowing the Secretary to examine the person’s books for the purpose of verifying tonnage reports. Plant amendments, plant biostimulants, and soil amendments are exempt from tonnage fees.

  (e) Agricultural limes, including agricultural lime mixed with wood ash, are exempt from the tonnage fees required in this section.

  (f) Lime and wood ash mixtures may be registered as agricultural liming materials and guaranteed for potassium or potash, provided that the wood ash totals less than 50 percent of the mixture.

  (g)(1) All fees collected under subdivisions (a)(1) and (2) of this section shall be deposited in the special fund created by subsection 364(f) of this title and used in accordance with its provisions.

  (2) All fees collected under subdivision (a)(3) of this section shall be deposited in the Agricultural Water Quality Special Fund created under section 4803 of this title.

  (h) [Repealed.] (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1999, No. 49, § 108; 2001, No. 143 (Adj. Sess.), § 36a, eff. June 21, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 64, § 10; 2015, No. 149 (Adj. Sess.), § 5, eff. Jan. 1, 2016; 2021, No. 41, § 10.)

• § 367. Inspection; sampling; analysis

  For the purpose of enforcing this chapter and determining whether or not fertilizers, plant amendments, plant biostimulants, soil amendments, and lime distributed in this State endanger the health and safety of Vermont citizens, the Secretary upon presenting appropriate credentials is authorized:

  (1) To enter any public or private premises except domiciles during regular business hours and stop and enter any vehicle being used to transport or hold fertilizer, a plant amendment, a plant biostimulant, a soil amendment, or lime.

  (2) To inspect blending plants, warehouses, establishments, vehicles, equipment, finished or unfinished materials, containers, labeling, and records relating to distribution, storage, or use.

  (3) To sample and analyze any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime. The methods of sampling and analysis shall be those adopted by the Association of Official Analytical Chemists. In cases not covered by this method or in cases where methods are available in which improved applicability has been demonstrated, the Secretary may authorize and adopt methods that reflect sound analytical procedures.

  (4) To develop any reasonable means necessary to monitor and adopt rules for the use of fertilizers, plant amendments, plant biostimulants, soil amendments, and lime on Vermont soils where monitoring indicates environmental or health problems. In addition, the Secretary may develop and adopt rules for the proper storage of fertilizers, plant amendments, plant biostimulants, soil amendments, and lime held for distribution or sale. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 23, § 71; 2021, No. 41, § 10.)

• § 368. Misbranding

  (a) No person shall distribute a misbranded fertilizer, plant amendment, plant biostimulant, soil amendment, or agricultural lime. A fertilizer, plant amendment, plant biostimulant, or soil amendment shall be deemed to be misbranded if the Secretary determines one or more of the following:

  (1) The labeling is false or misleading in any particular.

  (2) It is distributed under the name of another fertilizer product, plant amendment, plant biostimulant, or soil amendment.

  (3) It contains unsubstantiated claims.

  (4) It is not labeled as required in section 365 of this title and in accordance with rules adopted under this chapter.

  (5) It is labeled, or represented, to contain a plant nutrient that does not conform to the standard of identity established by rule. In adopting rules under this chapter, the Secretary shall give consideration to definitions recommended by the Association of American Plant Food Control Officials.

  (b) An agricultural lime shall be deemed to be misbranded if:

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

  (2) it is not labeled as required by section 365 of this title and in accordance with rules adopted under this chapter. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10; 2021, No. 105 (Adj. Sess.), § 61, eff. July 1, 2022.)

• § 369. Adulteration

  No person shall distribute an adulterated lime, plant amendment, plant biostimulant, soil amendment, or fertilizer product. A fertilizer, plant amendment, plant biostimulant, soil amendment, or lime shall be deemed to be adulterated if:

  (1) it contains any deleterious or harmful ingredient in an amount sufficient to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if uses of the product may result in contamination or condemnation of a raw agricultural commodity by use, or if adequate warning statements or directions for use that may be necessary to protect plant life are not shown on the label;

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

  (3) it contains crop seed or weed seed; or

  (4) it contains heavy metals, radioactive substances, or synthetic organics in amounts sufficient to render it injurious to livestock or human health when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect livestock or human health are not shown on the label. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2001, No. 39, § 1; 2021, No. 41, § 10.)

• § 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer, plant amendments, plant biostimulants, and soil amendments

  (a) The Secretary shall publish on an annual basis:

  (1) information concerning the distribution of fertilizers, plant amendments, plant biostimulants, soil amendments, and limes; and

  (2) results of analyses based on official samples of fertilizers, plant amendments, plant biostimulants, soil amendments, and lime distributed within the State as compared with guaranteed analyses required pursuant to the terms of this chapter.

  (b)(1) The Secretary, in consultation with the University of Vermont Extension, fertilizer industry representatives, lake groups, and other interested or affected parties, shall produce information for distribution to the general public with respect to the following:

  (A) problems faced by the waters of the State because of discharges of phosphorus;

  (B) an explanation of the extent to which phosphorus exists naturally in the soil;

  (C) voluntary best management practices for the use of fertilizers containing phosphorus on nonagricultural turf; and

  (D) best management practices for residential sources of phosphorus.

  (2) The Secretary shall develop the information required under this subsection and make it available to the general public in the manner deemed most effective, which may include:

  (A) conspicuous posting at the point of retail sale of fertilizer containing phosphorus, according to recommendations for how that conspicuous posting may best take place;

  (B) public service announcements by means of electronic media; or

  (C) other methods deemed by the Secretary to be likely to be effective.

  (3) [Repealed.] (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 215 (Adj. Sess.), § 77d; 2021, No. 41, § 10; 2021, No. 105 (Adj. Sess.), § 62, eff. July 1, 2022.)

• § 371. Rules

  The Secretary is authorized to adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement the intent of this chapter and to enforce those rules. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

• § 372. Plant food variations

  (a) The Secretary may assess a penalty upon finding that a fertilizer does not conform to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium content. A fertilizer shall be deemed out-of-conformance if the guarantee for the nitrogen, available phosphoric acid or phosphorus, or soluble potash or potassium exceeds the American Association of Plant Food Control Officials’ established permitted analytical variance at an established confidence level of 97.5 percent.

  (b) A penalty of two times the value of the deficiencies shall be assessed pursuant to procedures established by rule and shall be paid to the consumer.

  (c) Each registrant shall be offered an opportunity for a hearing before the Secretary. Penalty payments shall be made within 30 days after notice of the Secretary’s decision to assess a penalty. Proof of payment to the consumer shall be promptly forwarded to the Secretary by the registrant.

  (d) If the consumer cannot be found, the amount of the penalty payments shall be paid to the Secretary who shall deposit the payment into the revolving account established by subsection 364(f) of this title.

  (e) Fertilizer that has been purchased from a registrant or distributor and is altered so that the fertilizer’s analysis is different from that originally guaranteed shall be considered a new product. Before this new product can be distributed to the consumer, it shall be registered in the proper manner. If a product is not registered, the manufacturer of the product shall be considered liable for purposes of enforcing the provisions of this chapter.

  (f) This section is not an exclusive cause of action, and persons affected may utilize any other right of action available under the law. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 285 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10a.)

• § 373. Commercial value

  After consultation with the fertilizer industry, the Secretary shall determine periodically the values per unit of nitrogen, available phosphoric acid, and potash in fertilizers. The commercial value determined and published shall be considered in determining and assessing penalty payments. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 374. Short weight

  (a) If any fertilizer, plant amendment, plant biostimulant, soil amendment, or agricultural liming material is found to be short in net weight, the registrant of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime shall pay a penalty of three times the value of the actual shortage to the affected party.

  (b) Each registrant shall be offered an opportunity for a hearing before the Secretary. Penalty payments shall be made within 30 days after notice of the Secretary’s decision to assess a penalty. Proof of payment to the consumer shall be promptly forwarded to the Secretary by the registrant.

  (c) If the consumer cannot be found, the amount of the penalty payments shall be paid to the Secretary who shall deposit the payment into the revolving account established by subsection 364(f) of this title.

  (d) This section is not an exclusive cause of action, and persons affected may utilize any other right of action available under law. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

• § 375. Cancellation of registration

  The Secretary is authorized to cancel or suspend the registration of any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime or refuse a registration application if he or she finds that the provisions of this chapter or the rules adopted under this chapter have been violated, provided that no registration shall be revoked or refused without a hearing before the Secretary. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

• § 376. Detained fertilizer and lime

  (a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime 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 fertilizer, plant amendment, plant biostimulant, soil amendment, or lime in any manner until written permission is given by the Secretary or the court. The Secretary shall release the lot of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime 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 fertilizer, plant amendment, plant biostimulant, soil amendment, or lime 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 fertilizer, plant amendment, plant biostimulant, soil amendment, or lime is located. In the event the court finds the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime to be in violation of this chapter and orders the condemnation of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime, it shall be disposed of in any manner consistent with the quality of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime and the laws of the State, provided that in no instance shall disposition of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime or for permission to process or relabel the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime to bring it into compliance with this chapter. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

• § 377. Appeal

  Any party adversely affected by a decision of the Secretary made pursuant to section 372, 374, or 375 of this title may appeal questions of law to a Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 378. Penalty

  (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 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 of this chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 379. Exchanges between manufacturers

  Nothing in this chapter shall be construed to restrict or impair sales or exchanges of fertilizers, plant amendments, plant biostimulants, or soil amendments to each other by importers, manufacturers, or manipulators who mix fertilizer materials, plant amendments, plant biostimulants, or soil amendments for sale or to prevent the free and unrestricted shipments of fertilizer, plant amendments, plant biostimulants, or soil amendments to manufacturers or manipulators who have registered their brands as required by provisions of this chapter. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2021, No. 41, § 10.)

• § 380. 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 specialty fertilizer, plant amendment, plant biostimulant, soil amendment, or lime without first obtaining the appropriate product registration;

  (2) distributed a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime without appropriate labeling;

  (3) failed to report or to accurately report the amount and form of each grade of fertilizer distributed in Vermont on an annual basis;

  (4) failed to report or to accurately report the amount and form of each formulation of plant amendment, plant biostimulant, or soil amendment;

  (5) failed to pay the appropriate tonnage fee; or

  (6) violated a cease and desist order. (Added 1989, No. 285 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10.)

• § 381. Golf courses; nutrient management plan

  As a condition of the permit issued to golf courses under chapter 87 of this title and rules adopted under that chapter, a golf course shall be required to submit to the Secretary of Agriculture, Food and Markets a nutrient management plan for the use and application of fertilizer to grasses or other lands owned or controlled by the golf course. The nutrient management plan shall ensure that the golf course applies fertilizer according to the agronomic rates for the site-specific conditions of the golf course. (Added 2011, No. 37, § 2, eff. Jan. 1, 2012; amended 2021, No. 41, § 10; 2021, No. 105 (Adj. Sess.), § 63, eff. July 1, 2022.)