The Vermont Statutes Online

Title 6: Agriculture

Chapter 218: Agricultural Residuals Management

• § 5131. Purpose

  The purpose of this chapter is to establish a program for the management of residual wastes generated, imported to, or managed on a farm for farming in Vermont. (Added 2021, No. 41, § 3, eff. May 20, 2021.)

• § 5132. Definitions

  As used in this chapter:

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

  (2) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management but shall not mean sewage, septage, or materials derived from sewage or septage.

  (3) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria for regulation under the Required Agricultural Practices.

  (4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).

  (5) “Food processing residuals” means the remaining organic material from a food processing plant and may include whey and other dairy, cheese making, and ice cream residuals or residuals from any food manufacturing process excluding livestock or poultry slaughtering and rendering operations. “Food processing residuals” do not include food residuals from markets, groceries, or restaurants.

  (6) “Food residuals” means source separated and uncontaminated material that is derived from processing or discarding of food and that is recyclable or compostable. “Food residuals” may include preconsumer and postconsumer food scraps. “Food residuals” include meat and meat-related products when the disposition of the products is managed on a farm.

  (7) “Secretary” means the Secretary of Agriculture, Food and Markets.

  (8) “Source separation” has the same meaning as in 10 V.S.A. § 6602. (Added 2021, No. 41, § 3, eff. May 20, 2021.)

• § 5133. Food residuals; rulemaking

  (a) The Secretary shall regulate the importation of food residuals or food processing residuals onto a farm.

  (b)(1) The Secretary shall adopt by rule requirements for the management of food residuals and food processing residuals on a farm. The rules may include requirements regarding:

  (A) the proper composting of food residuals or food processing residuals;

  (B) destruction of pathogens in food residuals, food processing residuals, or compost;

  (C) prevention of public health threat from food residuals, food processing residuals, or compost;

  (D) protection of natural resources or the environment; and

  (E) prevention of objectionable odors, noise, vectors, or other nuisance conditions.

  (2) The Secretary may adopt the rules required by this section as part of the Required Agricultural Practices or as independent rules under this chapter.

  (3) The rules shall prohibit a farm from initiating the production of compost from food residuals or food processing residuals imported onto the farm on or after July 1, 2021 within a downtown, village center, new town center, neighborhood development area, or growth center designated under 24 V.S.A. chapter 76a, unless the municipality has expressly allowed composting in the designated area under the municipal zoning or subdivision bylaws or in an approved municipal plan.

  (4) The rules adopted under this section shall be designed to reduce odor, noise, vectors, and other nuisance conditions on farms and to protect the public health and the environment in a manner that is equal to or better than the rules for compost facilities in the Agency of Natural Resources’ Vermont Solid Waste Management Rules, as amended.

  (c) A farm producing compost under 10 V.S.A. § 6001(22)(H) shall be regulated under this chapter and shall not require a certification or other approval from the Agency of Natural Resources under 10 V.S.A. chapter 159. (Added 2021, No. 41, § 3, eff. May 20, 2021.)