The Vermont Statutes Online

Title 6: Agriculture

Chapter 066: Produce Inspection

• § 851. Definitions

  As used in this chapter:

  (1) “Adulterated” has the same meaning as in 18 V.S.A. § 4059 when applied to produce and includes “adulteration” under rules adopted under 18 V.S.A. chapter 82.

  (2) “Agency” means the Agency of Agriculture, Food and Markets.

  (3) “Farm” has the same meaning as used in 21 C.F.R. § 112.3.

  (4) “Produce” has the same meaning as used in 21 C.F.R. § 112.3.

  (5) “Produce farm” means any farm engaged in the growing, harvesting, packing, or holding of produce.

  (6) “Secretary” means the Secretary of Agriculture, Food and Markets. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2021, No. 174 (Adj. Sess.), § 4, eff. July 1, 2022.)

• § 852. Authority

  (a) The Secretary may enforce in the State the requirements of:

  (1) the rules adopted under the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112, using the same or similar powers granted to the U.S. Food and Drug Administration to enforce the Food Safety Modernization Act; and

  (2) the rules adopted under this chapter.

  (b) The Agency may collaborate with the Department of Health regarding application of the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112, and application of the rules adopted under this chapter.

  (c) The Secretary shall carry out the provisions of this chapter using:

  (1) monies appropriated to the Agency by the federal government for the purpose of administering the federal Food Safety Modernization Act and the rules adopted under that act;

  (2) monies appropriated to the Agency by the State for the purpose of administering this chapter; and

  (3) other gifts, bequests, and donations by private entities for the purposes of administering this chapter.

  (d) The Secretary may apply the criteria and definitions in 21 C.F.R. part 112 to determine whether produce is adulterated. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2017, No. 180 (Adj. Sess.), § 2, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 18, eff. May 30, 2018; 2021, No. 105 (Adj. Sess.), § 89, eff. July 1, 2022; 2021, No. 174 (Adj. Sess.), § 5, eff. July 1, 2022.)

• § 853. Farm inspections

  (a)(1) The Secretary may inspect a produce farm during reasonable hours for the purposes of ensuring compliance with:

  (A) the federal standards for growing, harvesting, packing, and holding of produce for human consumption, as adopted under 21 C.F.R. part 112;

  (B) the rules adopted under this chapter; or

  (C) eligibility for and conformity with the exemptions and modified requirements adopted under 21 C.F.R. part 112.

  (2) This section shall not limit the Secretary’s authority to respond to an emergency in order to prevent a public health hazard under section 21 of this title.

  (b) The Secretary may coordinate with other State agencies and organizations to carry out inspections at or near the same time on a given produce farm. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2017, No. 180 (Adj. Sess.), § 3, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 19, eff. May 30, 2018; 2021, No. 174 (Adj. Sess.), § 6, eff. July 1, 2022.)

• § 854. Records

  The owner or operator of a produce farm shall maintain records required by the federal Food Safety Modernization Act, rules adopted under that act, and rules adopted under this chapter and shall make those records available to the Agency upon request. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2021, No. 105 (Adj. Sess.), § 90, eff. July 1, 2022.)

• § 855. Rules

  The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 as may be necessary to implement this chapter. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016.)

• § 856. Enforcement; corrective actions

  When the Secretary of Agriculture, Food and Markets determines that a person is violating the rules listed in section 852 of this title, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this section shall include:

  (1) a description of the alleged violation;

  (2) identification of this section;

  (3) identification of the applicable rule violated; and

  (4) the required corrective action that the person shall take to correct the violation. (Added 2017, No. 180 (Adj. Sess.), § 4, eff. May 28, 2018; amended 2017, No. 194 (Adj. Sess.), § 20, eff. May 30, 2018.)

• § 857. Enforcement; administrative orders

  (a) Notwithstanding the requirements of section 856 of this title, the Secretary at any time may pursue one or more of the following:

  (1) issue a cease and desist order to a person the Secretary believes to be in violation of the rules listed in section 852 of this title;

  (2) issue a verbal order or written administrative order to protect public health, including orders for the stop sale, recall, embargo, destruction, quarantine, and release of produce, when:

  (A) the U.S. Food and Drug Administration requires immediate State action; or

  (B) an alleged violation, activity, or farm practice presents an immediate threat to the public health or welfare;

  (3) order mandatory corrective actions;

  (4) take any action authorized under chapter 1 of this title; or

  (5) seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title.

  (b) When the Secretary of Agriculture, Food and Markets issues a cease and desist order, written administrative order, or required corrective action under subsection (a) of this section, the Secretary shall provide the person subject to the order or corrective action with a statement that the order or corrective action is effective upon receipt and the person has 15 days from the date the order or corrective action was issued to request a hearing.

  (c) If the Secretary of Agriculture, Food and Markets issues a verbal order under this section, the Secretary shall issue written notice to the person subject to the order within five days of the issuance of the verbal order. The written notice shall include a statement that the person has 15 days from the date the written notice was received to request a hearing.

  (d) If a person who receives a cease and desist order, a verbal order, an administrative order, or a mandatory corrective action under this section does not request in writing a hearing within 15 days of receipt of the order or within 15 days of written notice for a verbal order, the person’s right to a hearing is waived. Upon receipt of a written request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order, verbal order, or administrative order issued under this section shall not stay the order.

  (e) A person aggrieved by a final action or decision of the Secretary under this section may appeal de novo to the Civil Division of the Superior Court within 30 days of the final decision of the Secretary. (Added 2017, No. 180 (Adj. Sess.), § 4, eff. May 28, 2018; amended 2017, No. 194 (Adj. Sess.), § 20, eff. May 30, 2018; 2019, No. 14, § 7, eff. April 30, 2019; 2023, No. 6, § 47, eff. July 1, 2023.)