§ 361. Title
This chapter shall be known as the “Fertilizer, Lime, and Beneficial Substances Law.” (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2023, No. 160 (Adj. Sess.), § 5, eff. July 1, 2024; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 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 byproducts 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” have the same meaning.
(2) “Beneficial substance” means any substance or compound, other than primary, secondary,
and micro plant nutrients (fertilizers), and excluding pesticides, that can be demonstrated
by scientific research to be beneficial to one or more species of plants, soil, or
media. Beneficial substances include plant amendments, plant biostimulants, plant
inoculants, soil amendments, soil inoculants, and other chemical or biological substances
beneficial to plants or their growing environment.
(3) “Brand” means a term, design, or trademark used in connection with one or more grades
or formulas of fertilizer, beneficial substance, or lime.
(4) “Distribute” means to import, consign, manufacture, produce, compound, mix, blend,
offer for sale, sell, barter, or supply a fertilizer, a beneficial substance, or lime
in this State through any means, including sales outlets, catalogues, the telephone,
the internet, or any electronic means.
(5) “Distributor” means any person who distributes fertilizer, beneficial substance, or
lime.
(6) “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).
(7) “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 byproduct 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.
(8) “Formulation” means a material or mixture of materials prepared according to a particular
formula.
(9) “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.
(10) “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.
(11) “Label” means the display of all written, printed, or graphic matter upon the immediate
container or a statement accompanying a fertilizer, beneficial substance, or lime.
(12) “Labeling” means all written, printed, or graphic material upon or accompanying any
fertilizer, beneficial substance, or lime, including advertisements, brochures, posters,
and television and radio announcements used in promoting the sale of the fertilizer,
beneficial substance, or lime.
(13) “Official sample” means any sample of fertilizer, beneficial substance, or lime taken
by the Secretary.
(14) “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.
(15) “Plant biostimulant” means a substance, microorganism, or mixtures thereof that, when
applied to seeds, plants, the rhizosphere, soil, or other growth media act to support
a plant’s natural nutrition processes independently of the biostimulant’s nutrient
content. The plant biostimulant thereby improves nutrient availability, uptake, or
use efficiency; tolerance to abiotic stress; and consequent growth development, quality,
or yield.
(16) “Plant inoculant” means a product consisting of microorganisms to be applied to the
plant or soil for the purpose of enhancing the availability or uptake of plant nutrients
through the root system.
(17) “Percent” or “percentage” means the percentage by weight.
(18) “Primary nutrient” includes nitrogen, available phosphoric acid or phosphorus, and
soluble potash or potassium.
(19) “Product” means the name of the fertilizer, beneficial substance, or lime that identifies
it as to kind, class, or specific use.
(20) “Registrant” means the person who registers a fertilizer, beneficial substance, or
lime under the provisions of this chapter.
(21) “Soil amendment” means a substance or mixture of substance that is intended to improve
the physical, chemical, biochemical, 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, 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.
(22) “Soil inoculant” means a microbial product that is applied to colonize the soil to
benefit the soil chemistry, biology, or structure.
(23) “Ton” means a net weight of 2,000 pounds avoirdupois.
(24) “Use” includes all purposes for which a fertilizer, beneficial substance, or lime
is applied.
(25) “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; 2023, No. 160 (Adj. Sess.), § 6, eff. July 1, 2024; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 364. Registration
(a) Each brand or grade or formula of fertilizer or beneficial substance 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 or beneficial substance
that is already registered under this chapter by another person, provided there is
no change in the label for the fertilizer or beneficial substance.
(c) Each beneficial substance brand shall refer to a specific formulation. Different brands
may refer to the same specific formulation. Products for which formulations change,
such as changes in the “Contains Beneficial Substances” analysis, statement of composition,
or anything that implies a different product, must obtain a new registration with
a brand that distinguishes it from the previous formulation.
(d) 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.
(e) The Secretary may request additional proof of testing of products prior to registration
for guaranteed analyses or adulterants.
(f) 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.
(g) 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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 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,
the Secretary 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 beneficial substance 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 statement identifying the purpose of the product;
(D) directions for application or use;
(E) name and address of the registrant; and
(F) a statement of composition showing the amount of each ingredient, which is the agent
in a product primarily responsible for the intended effects using the following format:
CONTAINS BENEFICIAL SUBSTANCE(S)
Name of beneficial substance ....................................................................... % (or acceptable units)
Genus and species of microorganism ....................................................................... % viable CFU/cm3, /ml, /g, or other acceptable units
(Identify and list all beneficial substances. Substances shall include ingredient source, if applicable. Ex. “humic acid from leonardite or saponin from Yucca schidigera”).
(2) For products that claim microorganisms, labels shall also include:
(A) the expiration date for use; and
(B) storage conditions.
(3) For bulk shipments of fertilizer, beneficial substances, 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.
(4) Efficacy data may be required to support beneficial substance ingredient claims if
the ingredient is not presently defined by the Association of American Plant Food
Control Officials’ Official Publication for the particular claim.
(5) 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; 2023, No. 160 (Adj. Sess.), § 7, eff. July 1, 2024; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 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 beneficial substance 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 beneficial substance and the form in which the
beneficial substance 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. A beneficial substance is 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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 367. Inspection; sampling; analysis
For the purpose of enforcing this chapter and determining whether fertilizers, beneficial
substances, 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, beneficial
substances, 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, beneficial substance, 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, beneficial substances, 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, beneficial substances, 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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 368. Misbranding
(a) No person shall distribute a misbranded fertilizer, beneficial substance, or agricultural
lime. A fertilizer or beneficial substance 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 or beneficial substance.
(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 consider 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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 369. Adulteration
No person shall distribute an adulterated lime, beneficial substance, or fertilizer
product. A fertilizer, beneficial substance, 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, animals, humans, aquatic life, soil, or water
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, animals, humans, aquatic life, soil, or water 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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 370. Publication; consumer information regarding use on nonagricultural turf of fertilizer
and beneficial substances
(a) The Secretary shall publish on an annual basis:
(1) information concerning the distribution of fertilizers, beneficial substances, and
limes; and
(2) results of analyses based on official samples of fertilizers, beneficial substances,
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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 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, beneficial substance, or agricultural liming material is found
to be short in net weight, the registrant of the fertilizer, beneficial substance,
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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 375. Cancellation of registration
The Secretary is authorized to cancel or suspend the registration of any fertilizer,
beneficial substance, or lime or refuse a registration application if 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; 2023, No. 160 (Adj. Sess.), § 8, eff. July 1, 2024; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 376. Detained fertilizer, beneficial substance, and lime
(a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of fertilizer, beneficial
substance, or lime is being distributed in violation of any of the provisions of this
chapter or any of the rules under this chapter, the Secretary may issue and enforce
a written or printed “withdrawal from distribution” order, warning the distributor
not to dispose of the lot of fertilizer, beneficial substance, or lime in any manner
until written permission is given by the Secretary or the court. The Secretary shall
release the lot of fertilizer, beneficial substance, 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, beneficial substance, 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, beneficial substance,
or lime is located. In the event the court finds the fertilizer, beneficial substance,
or lime to be in violation of this chapter and orders the condemnation of the fertilizer,
beneficial substance, or lime, it shall be disposed of in any manner consistent with
the quality of the fertilizer, beneficial substance, or lime and the laws of the State,
provided that in no instance shall disposition of the fertilizer, beneficial substance,
or lime be ordered by the court without first giving the claimant an opportunity to
apply to the court for release of the fertilizer, beneficial substance, or lime or
for permission to process or relabel the fertilizer, beneficial substance, 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; 2023, No. 160 (Adj. Sess.), § 9, eff. July 1, 2024; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 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 or beneficial substances to each other by importers, manufacturers,
or manipulators who mix fertilizer materials or beneficial substances for sale or
to prevent the free and unrestricted shipments of fertilizer or beneficial substances
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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 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, beneficial substance, or lime without first obtaining
the appropriate product registration;
(2) distributed a fertilizer, beneficial substance, or lime without appropriate and accurate
labeling, including when a beneficial substance label does not reflect its composition;
(3) distributed any adulterated fertilizer, beneficial substance, or lime;
(4) failed to disclose on the label sources of potentially deleterious components;
(5) failed to report or to accurately report the amount and form of each grade of fertilizer
distributed in Vermont on an annual basis;
(6) failed to report or to accurately report the amount and form of each formulation of
beneficial substance;
(7) failed to pay the appropriate tonnage fee; or
(8) 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; 2025, No. 59, § 1, eff. July 1, 2025.)
§ 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.)