The Vermont Statutes Online

Title 6: Agriculture

Chapter 207: Promotion and Marketing of Vermont Foods and Products

• Subchapter 001: AGRICULTURAL PRACTICES AND PRODUCTION

• § 4601. Repealed. 2011, No. 52, § 73, eff. May 27, 2011.

• § 4602. Good Agricultural Practices Grant Program

  (a) A Good Agricultural Practices Grant Program (GAP) is established in the Agency of Agriculture, Food and Markets for the purpose of providing matching grant funds to agricultural producers whose markets require them to obtain or maintain GAP certification.

  (b) The Secretary may award matching grants for capital upgrades that will support Vermont agricultural producers in obtaining GAP certification. The amount of matching funds required by an applicant for a GAP certification grant shall be determined by the Secretary.

  (c) An applicant may receive no more than 10 percent of the total funds appropriated for the Program in a fiscal year. (Added 2011, No. 52, § 40, eff. May 27, 2011.)

• Subchapter 002: THE VERMONT WORKING LANDS ENTERPRISE PROGRAM

• § 4603. Legislative findings

  The General Assembly finds:

  (1) The report issued by the Council on the Future of Vermont indicates that over 97 percent of Vermonters polled endorsed the value of the “working landscape” as key to our future.

  (2) Vermont’s unique agricultural and forest assets—its working landscape—are crucial to the State’s economy, communities, character, and culture. These assets provide jobs, food and fiber, energy, security, tourism and recreational opportunities, and a sense of well-being. They contribute to Vermont’s reputation for quality, resilience, and self-reliance.

  (3) Human activity involving Vermont’s agricultural and forestland has been integral to the development of Vermont’s economy, culture, and image. Sustainable land use will need to balance economic development demands with the other services the land provides, many of which have economic benefits beyond the agriculture and forest product sectors. Some of these benefits include clean air and water, recreational opportunities, ecosystem restoration, scenic vistas, and wildlife habitat.

  (4) The agriculture and forest product sectors are similar and share many of the same challenges. There are potential benefits to be realized by the joining of these sectors in development planning and coordination, making policy decisions, and leveraging economic opportunities.

  (5) The agriculture and forest product sectors provide renewable and harvestable products that form the basis of Vermont’s land-based economy. The conversion of these raw commodities into value-added products within our borders represents further economic and employment opportunities.

  (6) Vermont is in the midst of an agricultural renaissance and is at the forefront of the local foods movement. Success has been due to the efforts of skilled and dedicated farmers, creative entrepreneurs, and the strategic investment of private and public funds.

  (7) State investment in a given industry or economic sector is often essential to stimulate and attract additional private and philanthropic investment. The combination of public, private, and foundation support can create enterprise opportunities that any one of them alone cannot. Grants issued as a result of 2011 Acts and Resolves, No. 52 helped create jobs and economic activity in the agricultural sector. They also leveraged private and foundation investments.

  (8) Vermont’s land-based economy has proven to be a driver for Vermont’s ongoing economic recovery.

  (9) Value-added and specialty Vermont products are a growing source of revenue for Vermont’s agricultural producers, many of whom have benefited from the existing infrastructure requirements of commodity producers. Both export and instate markets are necessary options for the agriculture and forest product sectors’ economic development.

  (10) The Vermont brand is highly regarded both nationally and internationally. Forest management is seen as crop management by those active in the forest product industry. An actively managed forest is a healthy and productive one.

  (11) Vermont’s agriculture and forest product sectors have not been perceived or treated as businesses by the traditional business and lending communities. They often lack available capital and financial package options that match their stage of development.

  (12) Financial service and workforce development programs need to be customized to meet the unique needs of Vermont’s agriculture and forest product sectors. Landowner education and labor skills training are also important for future productive management of forestlands.

  (13) Scale is an important determining factor for the successful development of businesses that utilize Vermont’s agriculture and forest products. Other limiting factors include labor and transportation costs, support services, resource base, and the regulatory environment.

  (14) Workers’ compensation, health care, energy costs, and regulatory requirements are a major concern to the agriculture and forest product sectors. For example, workers’ compensation premiums for loggers may run as high as 48 percent of each dollar of wages.

  (15) The amount of land in Vermont is finite, and part of its community and economic value is tied to the way it is used. Farmland and forestland that are developed for other uses affect the future viability of remaining farms and forest enterprises.

  (16) A forestland owner is often not the person actively engaged in the business of land management, such as planning, harvesting, or marketing the raw product, whereas in agricultural operations, the farmer often owns both the land and the business. Many farm operations have woodlots that have traditionally been used for syrup, timber, and firewood production.

  (17) Vermonters’ perception of and support for local wood and forest products are not at the same level as they are for local food. Public outreach and education efforts need to be created to address the public’s perception of actively managed working lands and the people who perpetuate them. Over the last decade, consumers of wood products have become more interested in production and management methods, certification programs, and the source of the raw materials.

  (18) Vermont’s forest products industry has been in decline for many years, in part due to rising costs, a poor housing market, and a lack of manufacturing. The total value of the forest product industry has dropped from $1.8 billion to $1.3 billion since 2007. If wood chips were priced at the equivalent BTU replacement value of oil, they would command a higher price. The number of active sawmills has also declined to fewer than 20 today.

  (19) The average age of Vermont’s farmers and loggers is over 55 years of age and the average age of forestland owners is over 65. Attention needs to be brought to efforts that will ensure intergenerational succession and lower those averages. Economically viable farm- and forest-based operations are critical to that goal. “Legacy” skills such as farming and logging are disappearing, as the children of those making a living from those skills often aspire to different employment opportunities.

  (20) Access to land is a challenge for many, especially younger, people who want the opportunity to make a living from productive use of the land. Farm and forestland ownership is often out of reach for young people who do not have some sort of assistance.

  (21) The Vermont forest product sector contains approximately 7,000 jobs, and approximately 57,000 jobs are in Vermont’s food system.

  (22) Rules for forest product enterprises need to reflect a balance between economic development and responsible land use practices. There is a need to assess rules involving the primary processing and transportation elements of the forest product sector.

  (23) Seventy-six percent of Vermont’s 4.5 million acres is forested, 84 percent of which is privately owned. Sustainable management of State-owned forestlands represents an opportunity for private sector forest businesses.

  (24) Forest product sector representatives have identified needs for their industry, including market development, additional secondary processing facilities, lower energy and transportation costs, and capital for growth enterprises as well as research and development for new and improved value-added products that make use of Vermont’s forest resources. Factors such as health care, labor, and energy policies in Canada contribute to the northward flow of Vermont logs. Research is needed in order to develop strategies that will help keep Vermont’s forest product sector competitive.

  (25) Vermont’s Use Value Appraisal (Current Use) Program is critically important to every component of Vermont’s agriculture and forest product sectors. It also helps keep Vermont forestland productive and healthy through the requirement of active forest management plans.

  (26) Dairy enterprises remain Vermont’s leading source of agricultural revenues, with an estimated annual economic impact of over $2 billion or approximately 75 percent of total gross agricultural output.

  (27) Recent grants and educational programs have started to address the lack of slaughter and meat-processing facilities in the State; however, there continues to be a strong need to further these efforts. (Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012; amended 2021, No. 105 (Adj. Sess.), § 144, eff. July 1, 2022.)

• § 4604. Legislative intent

  It is the intent of the General Assembly in adopting this subchapter to create a working lands enterprise board to administer a fund and develop policy recommendations to:

  (1) Stimulate a concerted economic development effort on behalf of Vermont’s agriculture and forest product sectors by systematically advancing entrepreneurism, business development, and job creation.

  (2) Recognize and build on the similarities and unique qualities of Vermont’s agriculture and forest product sectors.

  (3) Increase the value of Vermont’s raw and value-added products through the development of in-state and export markets.

  (4) Attract a new generation of entrepreneurs to Vermont’s farm, food system, forest, and value-added chain by facilitating more affordable access to the working landscape.

  (5) Provide assistance to agricultural and forest product businesses in navigating the regulatory process.

  (6) Use Vermont’s brand recognition and reputation as a national leader in food systems development, innovative entrepreneurism, and as a “green” state to leverage economic development and opportunity in the agriculture and forest product sectors.

  (7) Promote the benefits of Vermont’s working lands, from the economic value of raw and value-added products to the public value of ecological stability, land stewardship, recreational opportunities, and quality of life.

  (8) Increase the amount of State investment in working lands enterprises, particularly when it leverages private and philanthropic funds.

  (9) Support the people and businesses that depend on Vermont’s renewable land-based resources and the sustainable and productive use of the land by coordinating and integrating financial products and programs.

  (10) Provide priority funding to agricultural and forest product enterprises. The priority for funding agricultural and forest product enterprises is not intended to exclude funding for technical assistance that directly supports enterprise development. (Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012; amended 2015, No. 39, § 22.)

• § 4605. Vermont Working Lands Enterprise Fund

  There is created a special fund in the State Treasury to be known as the “Vermont Working Lands Enterprise Fund.” Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5:

  (1) The Fund shall be administered and the monies in the Fund shall be expended by the Vermont Working Lands Enterprise Board created in section 4606 of this title.

  (2) The Fund shall be composed of monies from time to time appropriated to the Fund by the General Assembly or received from any other source, private or public, approved by the Board, and unexpended balances and any earnings shall remain in the Fund from year to year.

  (3) The Board shall make expenditures from the Fund consistent with the duties and authority of the Board established by section 4607 of this title. (Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012.)

• § 4606. Vermont Working Lands Enterprise Board

  (a) Creation. There is created a Vermont Working Lands Enterprise Board, which for administrative purposes shall be attached to the Agency of Agriculture, Food and Markets.

  (b) Organization of Board. The Board shall be composed of:

  (1) the Secretary of Agriculture, Food and Markets or designee, who shall serve as chair;

  (2) the Commissioner of Forests, Parks and Recreation or designee;

  (3) the Secretary of Commerce and Community Development or designee;

  (4) the following members appointed by the Speaker of the House:

  (A) one member who is a consulting forester;

  (B) one member who is actively engaged in maple production;

  (C) one member who is actively engaged in on-farm value-added processing;

  (D) one member who is actively engaged in manufacturing or distribution of Vermont agricultural products; and

  (E) one member with expertise in sales, marketing, or market development;

  (5) the following members appointed by the Senate Committee on Committees:

  (A) one member who is actively engaged in wood products manufacturing;

  (B) one member involved in production agriculture whose primary enterprise is not fluid milk;

  (C) one member who is actively engaged in primary wood processing or logging;

  (D) one member who is an agriculture and forestry enterprise funder; and

  (E) one member who is a person with expertise in rural economic development;

  (6) the following members appointed by the Governor:

  (A) one member who is a representative of Vermont’s dairy industry who is also a dairy farmer;

  (B) one member who is a representative of Vermont’s forestry industry who is also a working forest landowner;

  (C) one member with expertise in land planning and conservation efforts that support Vermont’s working landscape; and

  (D) one member who is an employee of a Vermont institution engaged in agriculture or forestry education, training, or research; and

  (7) the following members, who shall serve as ex officio, nonvoting members:

  (A) the Manager of the Vermont Economic Development Authority or designee;

  (B) the Executive Director of the Vermont Sustainable Jobs Fund or designee; and

  (C) the Executive Director of the Vermont Housing Conservation Board or designee.

  (c) Member terms. The members designated in subdivisions (b)(4)-(7) of this section shall be appointed to initial terms of one year for members appointed by the Governor, two years for members appointed by the Senate Committee on Committees, and three years for members appointed by the Speaker of the House. Thereafter, each appointed member shall serve a term of three years or until his or her earlier resignation or removal. A vacancy shall be filled by the appointing authority for the remainder of the unexpired term. An appointed member shall not serve more than three consecutive three-year terms.

  (d) Officers; committees. The Board may elect officers, establish one or more committees or subcommittees, and adopt such procedural rules as it shall determine necessary and appropriate to perform its work.

  (e) Quorum; meetings; voting. A majority of the sitting members shall constitute a quorum, and action taken by the Board may be authorized by a majority of the members present and voting at any regular or special meeting at which a quorum is present. The Board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication, including an electronic, telecommunications, and video- or audio-conferencing conference telephone call, by which all members participating may simultaneously or sequentially communicate with each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting.

  (f) Compensation. Private sector members shall be entitled to per diem compensation authorized under 32 V.S.A. § 1010(b) for each day spent in the performance of their duties, and each member shall be reimbursed from the Fund for his or her actual and necessary expenses incurred in carrying out his or her duties. (Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012; amended 2015, No. 39, § 23.)

• § 4607. Powers and duties of the Vermont Working Lands Enterprise Board

  (a) Duties. The Vermont Working Lands Enterprise Board is charged with:

  (1) optimizing the agricultural and forest use of Vermont lands and other agricultural resources;

  (2) expanding existing markets and identifying and developing new profitable in-state and out-of-state markets for food, fiber, forest products, and value-added agricultural products, including farm-derived renewable energy; and

  (3) identifying opportunities and challenges related to access to capital, infrastructure, product development, marketing, training, research, and education.

  (b) Powers. The Vermont Working Lands Enterprise Board shall have the authority:

  (1) to design and conduct an ongoing public engagement process, which may include taking testimony and receiving information from any party interested in the Board’s activities;

  (2) to gain information through the use of experts, consultants, and data to perform analysis as needed;

  (3) to request services from State economists, State administrative agencies, and State programs;

  (4) to obtain information from other planning entities, including the Farm to Plate Investment Program;

  (5) to serve as a resource for and make recommendations to the Administration and the General Assembly on ways to improve Vermont’s laws, rules, and policies in order to attain the goals set forth in section 4604 of this title;

  (6) to establish an application process, eligibility criteria, and criteria for prioritizing assistance for awarding grants, loans, incentives, and other investments in agricultural and forestry enterprises and in food and forest systems;

  (7) to award grants and other investments, which may include loans underwritten and administered through the Vermont Economic Development Authority;

  (8) to enter into performance contracts with one or more persons in order to provide investment and services to agricultural and forestry enterprises, including:

  (A) technical assistance and product research services;

  (B) marketing assistance, market development, and business and financial planning;

  (C) organizational, regulatory, and development assistance; and

  (D) feasibility studies of facilities or capital investments to optimize construction and other cost efficiencies;

  (9) to identify workforce needs and programs in order to develop training and incentive opportunities for the agriculture and forest product sectors after consulting with the Department of Labor;

  (10) to identify strategic statewide infrastructure and investment priorities considering:

  (A) leveraging opportunities;

  (B) economic clusters;

  (C) return-on-investment analysis; and

  (D) other considerations the Board determines appropriate;

  (11) to develop an annual operating budget, and:

  (A) solicit and accept any grants, gifts, or appropriations necessary to implement the budget pursuant to 32 V.S.A. § 5; and

  (B) expend any monies necessary to carry out the purposes of this section; and

  (12) to identify growing markets and opportunities for the livestock and poultry sectors, including promoting independent animal welfare certification programs.

  (c) Staff support. The Agency of Agriculture, Food and Markets shall provide administrative support to the extent authorized by the Secretary of Agriculture, Food and Markets, and with the assistance of the Department of Forests, Parks and Recreation to the extent authorized by the Commissioner of Forests, Parks and Recreation, in order to support the Board in the performance of its duties pursuant to this section. (Added 2011, No. 142 (Adj. Sess.), § 1, eff. May 15, 2012; amended 2015, No. 39, § 24; 2017, No. 75, § 7; 2019, No. 83, § 8; 2021, No. 105 (Adj. Sess.), § 145, eff. July 1, 2022; 2023, No. 6, § 65, eff. July 1, 2023.)

• Subchapter 003: AGRICULTURAL EXPORTS

• § 4621. Domestic Export Program

  (a) The Secretary of Agriculture, Food and Markets, in collaboration with the Agency of Commerce and Community Development and the Chief Marketing Officer, shall have the authority to create a Domestic Export Program, the purpose of which may include:

  (1) connecting Vermont producers with brokers, buyers, and distributors in other U.S. state and regional markets;

  (2) providing technical and marketing assistance to Vermont producers to convert these connections into increased sales and sustainable commercial relationships; and

  (3) providing one-time matching grants to attend trade shows and similar events to expand producers’ market presence in other U.S. states, subject to available funding.

  (b) The Secretary shall collect data on the activities and outcomes of the program authorized under this section and submit the Secretary’s findings and recommendations in a report on or before January 15 of each year to the House Committees on Agriculture, Food Resiliency, and Forestry and on Commerce and Economic Development and to the Senate Committees on Agriculture and on Economic Development, Housing and General Affairs. (Added 2015, No. 51, § D.5, eff. June 3, 2015; amended 2023, No. 6, § 66, eff. July 1, 2023.)