The Vermont Statutes Online

Title 6: Agriculture

Chapter 084: Pest Survey, Detection, and Management

• § 1030. Definitions

  Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

  (1) “Beneficial organism” means any organism that, during its life cycle, is an effective pollinator of plants, a parasite or predator of pests, or otherwise beneficial.

  (2) “Biological control agent” means any living organism applied to or introduced into the environment that is intended to function as a controlling agent against another organism.

  (3) “Secretary” means the Secretary of Agriculture, Food and Markets, or his or her designee.

  (4) “Compliance agreement” means a written agreement between the Agency and any person engaged in growing, handling, or moving regulated articles, plant pests, plants, parts of plants, or plant products regulated under this chapter, where the person agrees to comply with stipulated requirements.

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

  (6) “Genetically modified organism” means any organism altered or produced through genetic modification from a donor, vector, recipient organism, or by other means using modern molecular techniques.

  (7) “Host” means any plant pest, plant, plant product, or other organism upon which a pest or beneficial organism is dependent for completion of any portion of its life cycle.

  (8) “Infested area” means an area that has been determined to have an established pest population.

  (9) “Permit” means a document issued by the Secretary to provide for the importation of plant pests, biological control agents, or regulated articles into the State and their movement within the State to restricted destinations for limited handling, utilization, or processing.

  (10) “Person” means any individual or combination of individuals, partnership, corporation, company, society, association, governmental organization, university, or other entity and each officer, agent, or employee.

  (11) “Plant and plant products” means trees, shrubs, and vines; forage, fiber, and cereal plants; cuttings, grafts, scions, buds, and lumber; fruit, vegetables, roots, bulbs, seeds, and wood; and all other plants, parts of plants, and plant products.

  (12) “Plant pest” means any living stage of insects, mites, nematodes, slugs, snails, protozoa, or any other invertebrate animals; bacteria, fungi, mycoplasma, or other parasitic plants, weeds, or reproductive parts thereof; viruses or any organisms similar to or allied with any of the foregoing; and any genetically modified organisms or biological control agents that may directly or indirectly injure or cause disease or damage to any beneficial organisms, plants, parts of plants, or plant products.

  (13) “Quarantine” means a legal declaration by the Secretary to prevent the spread of highly injurious plant pests that specifies the plant pest, plants, parts of plants, plant products, regulated articles, conditions governing movement, the area or areas quarantined, and any exemptions.

  (14) “Regulated article” means an article of any character carrying or capable of carrying a plant pest. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 22.)

• § 1031. Functions of Secretary of Agriculture, Food and Markets and Commissioner of Forests, Parks and Recreation cooperation

  Under the provisions of this chapter, the Secretary of Agriculture, Food and Markets shall have jurisdiction over plans for the survey, detection, and management of agricultural plant pests, and the Commissioner of Forests, Parks and Recreation over plans for the survey, detection, and management of forest pests. When the word “Secretary” is used in sections 1033 and 1034 of this title, it shall mean either the Secretary of Agriculture, Food and Markets or the Commissioner of Forests, Parks and Recreation. The two officials shall cooperate with each other on jointly operated projects to avoid duplication of efforts or duties. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 121 (Adj. Sess.), § 87, eff. June 8, 2004.)

• § 1032. Powers of the Secretary

  The Secretary in furtherance of the purposes of this chapter may:

  (1) Adopt and amend rules as he or she deems necessary in order to carry out the provisions of sections 1033, 1034, 1035, and 1040 of this chapter.

  (2) Appoint assistants, subject to applicable laws and rules, to perform or assist in the performance of any of the duties or functions of the Secretary under this chapter.

  (3) Excluding private domiciles and curtilage, enter any premises, public or private, as may be necessary to carry out the provisions of this chapter. Whenever practicable, advance notice of a proposed survey or examination shall be given to the owner or occupant of the property to be entered.

  (4) Solicit and receive federal or private funds.

  (5) Cooperate with the federal government and any agencies, departments, and instrumentalities of the federal government; the State of Vermont and any agencies, departments, divisions, or political subdivisions of the State; and any other state or commonwealth and any agencies, departments, or political subdivisions of a state or commonwealth in order to carry out the provisions of this chapter.

  (6) Enter into compliance agreements with any person engaged in growing, handling, or moving regulated articles, plant pests, plants, or plant products. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1033. Detection and abundance surveys; eradication and suppression

  The Secretary may conduct detection and abundance surveys for plant pests of an injurious nature that may be present in the State to determine the necessity for establishing control practices. When the Secretary determines that a new injurious plant pest exists within the State or that an established pest requires control and the nature of the pest dictates immediate action, he or she may proceed with a plan of eradication or suppression. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1034. Quarantines

  The Secretary may establish and maintain quarantines and adopt other orders and rules pursuant to 3 V.S.A. chapter 25 concerning the planting, exposing, sale, importation, and transportation of all plants and plant products and regulated articles capable of carrying plant pests of an injurious nature in any living stage within the State. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1035. Permits

  No person shall sell, offer for sale, barter, expose, move, transport, deliver, ship, or offer for shipment into or within this State any plant pest or biological control agent in any living stage without first obtaining a federal permit, where applicable, and a State permit from the Secretary. A State permit may only be issued after it has been determined by the Secretary that the plant pests or biological control agents are not injurious, are generally present already, or are for scientific purposes subject to specified safeguards. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 23.)

• § 1036. Technical assistance

  The Secretary may provide technical assistance in the area of pest management. Such assistance may include diagnostic services, pest identification, and pest management recommendations. The Secretary is also authorized to conduct demonstrations, investigations, and case studies on pest management strategies. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1037. Administrative orders

  The Secretary may issue appropriate orders and institute appropriate proceedings on behalf of the agency to enforce this chapter or any rules adopted under this chapter. Orders, including stop-sale orders, shall be in writing and include the reason for action; a description of the plant pest, plants, parts of plants, plant products, or regulated articles at issue; any instructions to separate the described items; any recommended treatment or action to prevent spread; and appeal rights. Stop-sale tags shall not be removed without the Secretary’s written permission or written determination for suitable disposal. Whenever the Secretary believes that any person is in violation of this chapter or rules adopted under this chapter, an action may be brought in a court of competent jurisdiction to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions or other relief as may be necessary and appropriate for abatement of any violations. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 73, § 21, eff. July 1, 2023.)

• § 1038. Administrative penalties

  A person who violates any provisions of this chapter or a rule adopted under this chapter may be assessed an administrative penalty by the Secretary pursuant to the provisions of section 15 of this title. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1039. Confidentiality of trade secrets

  The Secretary may not make information public that contains or relates to trade secrets, commercial, or financial information obtained from a person that is privileged or confidential. However, when the information is necessary to carry out the provisions of this chapter or any of the rules adopted under this chapter, this information may be revealed, subject to a protective order, to any federal or state agency or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the Secretary. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1040. Repealed. 2023, No. 73, § 22, effective July 1, 2023.

  (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; repealed by 2023, No. 73, § 22, eff. July 1, 2023.)