The Vermont Statutes Online

Title 6: Agriculture

Chapter 107: Movement of Livestock and Poultry

• § 1459. Definitions

  As used in this chapter:

  (1) “Commercial slaughter facility” shall have the same meaning as “commercial slaughterhouse” set forth in section 3302 of this title.

  (2) “Livestock” shall have the same meaning as set forth in section 3302 of this title.

  (3) “Offloaded” means removed or otherwise taken off or away from the conveyance of transport.

  (4) “Poultry” shall have the same meaning as set forth in section 3302 of this title.

  (5) “Reactor” means livestock or poultry that test positive to a test required under this chapter.

  (6) “Suspect” means livestock or poultry that are tested under a requirement in this chapter and are not classified as testing positive or negative. (Added 2017, No. 30, § 4.)

• § 1460. Interstate movement; administration

  (a) In order to implement the requirements of this chapter and chapter 63 of this title related to the licensing of livestock businesses, the Secretary of Agriculture, Food and Markets shall require importers of livestock or poultry into the State to comply with minimum requirements of the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. part 86, including any future amendments to the rule.

  (b) In order to prevent the introduction or spread of contagious disease, or to ensure adequate animal traceability within this State, the Secretary may adopt rules to mandate stricter movement requirements than those required by the U.S. Department of Agriculture Animal Disease Traceability rule. (Added 2017, No. 30, § 4.)

• § 1461. Import and export documentation required

  (a) Import permit. The Secretary of Agriculture, Food and Markets may require a person who imports or causes to be imported into this State any domestic animal except dogs and cats to first obtain an import permit from the Secretary, except as the Secretary may provide by rule. Permits shall be issued in a manner approved by the Secretary.

  (b) Certificates of veterinary inspection. No person shall import or cause to be imported any domestic animal into this State without first obtaining a Certificate of Veterinary Inspection, except as the Secretary may provide by rule. The certificate shall be issued by an accredited and licensed veterinarian in the state or country of origin. The certificate shall contain a statement by the state animal health official for that state certifying that the veterinarian who executed the certificate is licensed to practice veterinary medicine in that state or country and is accredited by the U.S. Department of Agriculture to sign a Certificate of Veterinary Inspection. The certificate shall be issued electronically or on a form prescribed by the state of origin and declare that all of the animals listed have been inspected or tested, or both, as required by the applicable State and federal statutes, rules, and regulations. The certificate shall also set forth the name and address of the owner of any animal transferred pursuant to the certificate. One copy of the certificate shall accompany the animals during transportation, and one copy shall be filed with the Secretary. A Certificate of Veterinary Inspection that is issued electronically shall meet the data standards established by the National Assembly of State Animal Health Officials in consultation with the U.S. Department of Agriculture.

  (c) Exemption. The Secretary may, by rule, exempt from the provisions of this section transactions concerning domestic animals transported into this State for immediate slaughter. A person who so imports an animal without a permit and then does not immediately slaughter the animal shall be subject to the provisions of this section.

  (d) Exportation. A person wishing to export domestic animals to another state or country shall comply with all the requirements of that state or country for the importation of domestic animals. (Added 1987, No. 276 (Adj. Sess.), § 2; amended 1991, No. 153 (Adj. Sess.), § 1, eff. May 5, 1992; 1995, No. 39, § 2, eff. April 17, 1995; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)

• § 1461a. Intrastate movement

  (a) Except as provided under subsection (b) of this section, all livestock being transported within the State shall satisfy the requirements for official identification for interstate movement under the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86, including any future amendments to the rule, prior to leaving the premises of origin, regardless of the reason for movement or duration of absence from the premises.

  (b)(1) Livestock transported from the premises of origin for purposes of receiving veterinary care at a hospital in this State are exempt from the requirements of subsection (a) of this section, provided that the livestock are returned to the premises of origin immediately following the conclusion of veterinary care.

  (2) The Secretary, by procedure, may waive the requirements of subsection (a) for certain types or categories of intrastate transport of livestock.

  (c) Livestock and poultry that are transported to a commercial slaughter facility within the State shall not be removed from the facility without the facility’s owner’s first obtaining written permission from the State Veterinarian. For purposes of this section, arrival of the conveyance onto facility property and the offloading of livestock or poultry constitutes transport to a slaughter facility, regardless of whether the animals have been presented for antemortem inspection. The State Veterinarian may require inspection and testing prior to issuing consent for removal.

  (d) Vermont-origin livestock and poultry that are transported to a slaughter facility outside this State shall not be removed from the facility and returned to Vermont without the facility’s owner first obtaining written permission from the State Veterinarian. For purposes of this section, arrival of the conveyance onto facility property constitutes transport to a slaughter facility, regardless of whether the animals have been offloaded or presented for antemortem inspection. The State Veterinarian may require inspection and testing prior to issuing consent for removal.

  (e) A person shall not transport out-of-state livestock or poultry into Vermont for slaughter or other purpose without written consent from the State Veterinarian if the livestock or poultry is classified as a suspect or a reactor by the U.S. Department of Agriculture or was exposed to livestock or poultry classified as a suspect or a reactor. (Added 2017, No. 30, § 4; amended 2017, No. 180 (Adj. Sess.), § 5, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 21, eff. May 30, 2018; 2019, No. 129 (Adj. Sess.), § 4.)

• § 1462. Quarantine

  The Secretary may require by rule in general, or order in specific cases, that any domestic animal imported into this State be placed in quarantine. (Amended 1989, No. 183 (Adj. Sess.), § 3; 1991, No. 153 (Adj. Sess.), § 2, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)

• § 1463. Examination; release from quarantine

  Within a reasonable time, the Secretary shall examine any imported domestic animal placed in quarantine and may apply such tests or retests as the Secretary deems necessary to determine the health of the animals. After tests or retests ordered by the Secretary have been applied, any domestic animal found free from contagious or infectious disease shall be released from quarantine, unless the Secretary determines that the animal may have been exposed to a contagious disease and that it is necessary to continue the quarantine in order to prevent the potential spread of a contagious disease. Any order shall be made in the manner provided by section 1157 of this title. (Amended 1989, No. 183 (Adj. Sess.), § 4; 1991, No. 153 (Adj. Sess.), § 3, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)

• § 1464. Slaughter; expenses

  The Secretary may take all steps that he or she deems necessary to prevent the potential spread of a contagious or an infectious disease, including continuing a quarantine order concerning imported animals found to be infected with or exposed to a contagious disease. When necessary to protect the health of other domestic animals or to prevent or control the spread of contagious disease, the Secretary may order any domestic animal imported into the State that is infected with or has been exposed to an infectious or a contagious disease condemned and destroyed and the carcass disposed with, in accordance with the provisions of section 1159 of this title. The owner shall bear the expense of detention, examination, test, and slaughter but not the personal expenses of the Secretary. (Amended 1991, No. 153 (Adj. Sess.), § 4, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)

• § 1465. Repealed. 1991, No. 153 (Adj. Sess.), § 16, eff. May 5, 1992.

• § 1466. Exceptions

  Nothing in sections 1461-1465 of this title shall be construed to apply to the transportation of domestic animals through the State, provided that the animals are not offloaded within the State and the premises of the consignee are not within the State. (Amended 1991, No. 153 (Adj. Sess.), § 5, eff. May 5, 1992; 2017, No. 30, § 4.)

• § 1467. Test and inspection in state of origin

  (a) Any domestic animal brought into the State shall be tested and inspected in the state of origin when testing or inspection is required by rule. Imported domestic animals may be retested at the discretion of the Secretary.

  (b) In order to prevent the spread of infections or contagious diseases, any domestic animal brought into the State without having been first tested and inspected, as required by the Secretary’s rules, may be returned to the state of origin within 48 hours of a determination by the Secretary that the animals have been illegally imported. While in the State, the illegally imported domestic animals shall be strictly quarantined. In the event that the domestic animals cannot be returned to the state of origin, the animals may be slaughtered or euthanized within 72 hours of a determination by the Secretary that the animals have been illegally imported. The owner of the domestic animals shall bear the full expense of their removal from the State, or destruction, and shall not be entitled to any compensation from the State. (Amended 1961, No. 56; 1975, No. 12, § 1, eff. March 10, 1975; 1985, No. 205 (Adj. Sess.); 1991, No 153 (Adj. Sess.), § 6, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)

• § 1468. Permits to persons near State line; Secretary grant of permission of entry

  Persons living near the State line who own or occupy land in an adjoining state may procure from the Secretary permits to drive, herd, or transport cattle, horses, or other livestock back and forth to seasonal pasture or housing, subject to such restrictions as the Secretary may prescribe by rule or order. The Secretary may grant permission for cattle, horses, or other domestic animals to enter the State for exhibition purposes between May 1 and October 31 of any year. The Secretary may adopt rules regarding entry of cattle, horses, or other domestic animals into the State for seasonal pasture, housing, or exhibition purposes. (Amended 1989, No. 183 (Adj. Sess.), § 6; 1991, No. 153 (Adj. Sess.), § 7, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)

• § 1469. Penalties—illegal importation

  (a) A person engaged in a commercial enterprise who violates a provision of this chapter, the rules adopted this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter may be assessed an administrative penalty under section 15 of this title.

  (b) The Secretary may seek a temporary or permanent injunction to enforce the provisions of this chapter, the rules adopted under this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter.

  (c) The Secretary may suspend or revoke a license issued under chapter 63 of this title for a violation of this chapter, the rules adopted under this chapter, a permit issued pursuant to this chapter, or an order issued pursuant to this chapter in accordance with the provisions of the Administrative Procedure Act, 3 V.S.A. chapter 25. (Amended 1989, No. 183 (Adj. Sess.), § 1; 1991, No. 153 (Adj. Sess.), § 12, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4; 2021, No. 105 (Adj. Sess.), § 103, eff. July 1, 2022.)

• § 1470. Records

  (a) A commercial slaughter facility operating in the State shall maintain and retain for three years records of the number of animals slaughtered at the facility, the physical address of origination of each animal, the date of slaughter of each animal, and all official identification numbers of slaughtered animals. A commercial slaughterhouse shall make the records required under this subsection available to the Agency upon request.

  (b) Records produced or acquired by the Secretary under this chapter shall be available to the public for inspection and copying, except that:

  (1) the Secretary may withhold from inspection and copying records that are confidential under federal law; and

  (2) the Secretary may withhold or redact a record to the extent needed to avoid disclosing directly or indirectly the identity of individual persons, households, or businesses. (Added 2019, No. 64, § 17.)

• § 1471. Repealed. 2017, No. 30, § 4.

• § 1472. Test; certificate

  (a) A person wishing to export a domestic animal may obtain a certificate of veterinary inspection in the following manner. The applicant shall have the animal to be exported tested for such contagious disease or other condition as may be required by the state or country to which the animal is to be shipped. The test shall be made at the expense of the applicant by a veterinarian licensed in this State and accredited by the U.S. Department of Agriculture to sign certificates of veterinary inspection. The testing may also be conducted by a veterinarian resident of any other state in which a test is conducted who is certified by the authority charged with the control of animal health matters in the state where such veterinarian resides to be licensed as a veterinarian in that state and accredited by the U.S. Department of Agriculture to sign certificates of veterinary inspection. The test shall be made in accordance with the reasonable rules and regulations as the Secretary shall prescribe, and the result of the test shall be reported to the Secretary within five days following the time it is completed.

  (b) If the testing discloses that the animal tested is free of the disease or condition tested for and the Secretary shall be satisfied that the testing was performed in accordance with the applicable rules, the Secretary shall issue to the owner a certificate evidencing the date and the result of the test as shown by the report of the veterinarian who conducted the test and the fact that the test has been performed in accordance with the laws of this State. The Secretary shall also include a certification as to the status of the licensing and accreditation of the veterinarian making the test.

  (c) In cases covered by this section and section 1471 of this title, a veterinarian whose licensing and accreditation are certified to by the authority charged with the control of animal health matters in the State where the veterinarian resides may be certified by the Secretary as licensed and accredited, unless it shall affirmatively appear that the veterinarian is not licensed or accredited. Veterinarians conducting tests or examinations in Vermont must be licensed in Vermont or otherwise authorized to do so.

  (d) Veterinary accreditation by U.S. Department of Agriculture and certification of accreditation shall only be necessary for animals exported out of Vermont when required by the state or country of destination. (Amended 1991, No. 153 (Adj. Sess.), § 9, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 104, eff. July 1, 2022.)

• § 1473. Repealed. 1963, No. 78, § 7.

• § 1474. Imports from quarantined herds, groups, or flocks

  No person shall import domestic animals into the State from any herd, flock, or group that is under quarantine in the state or place of origin due to the presence or suspected presence of an infectious or a contagious disease within the herd, flock, or group, except that such quarantined herds, flock, or groups may be moved directly to slaughter on permits issued by the Secretary. (Added 1981, No. 10, eff. March 27, 1981; amended 1991, No. 153 (Adj. Sess.), § 10, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1475. Rulemaking

  The Secretary may adopt rules to carry out the provisions of this chapter. (Added 1991, No. 153 (Adj. Sess.), § 11, eff. May 5, 1992; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 4.)

• § 1476. Misuse or removal of official identification devices

  A person who, without authority from the Secretary, removes or causes to be removed from an animal any official identification device as defined in 9 C.F.R. § 86.1, or otherwise misuses or causes an official identification device to be misused, may be imprisoned for not more than one year or fined not more than $1,000.00, or both. (Added 2017, No. 30, § 4.)

• § 1477. Revocation of livestock dealer license

  The Secretary may revoke for a period of one year the license of a livestock dealer who has been convicted of a violation of the provisions of section 1476 of this chapter, and the license shall not be renewed prior to the expiration of one year from the date of conviction. (Added 2017, No. 30, § 4.)