The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 6 : Agriculture
Chapter 001 : General Powers; Secretary of Agriculture, Food and Markets
(Cite as: 6 V.S.A. § 15)-
§ 15. Administrative penalties
(a) In addition to other penalties provided by law, the Secretary may assess administrative penalties, not to exceed $5,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is otherwise provided for in Title 9 or Title 20.
(b) In determining the amount of the penalty to be assessed under this section, the Secretary may give consideration to one or more of the following:
(1) the degree of actual and potential impact on public health, safety, and welfare resulting from the violation;
(2) the presence of mitigating or aggravating circumstances;
(3) whether the violator has been warned or found in violation of the same provisions of law in the past;
(4) the economic benefit gained by the violation;
(5) the deterrent effect of the penalty; or
(6) the financial condition of the violator.
(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $50,000.00.
(d) In addition to the administrative penalties authorized by this section, the Secretary may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Agency to offset these costs.
(e) Any party aggrieved by a final decision of the Secretary may appeal de novo to the Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court. (Added 1989, No. 49, § 1; amended 1989, No. 183 (Adj. Sess.), § 2; 1991, No. 79, § 1a; 1991, No. 228 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 5; 1995, No. 68 (Adj. Sess.), § 3; 1995, No. 128 (Adj. Sess.), § 2; 1997, No. 130 (Adj. Sess.), § 1; 1999, No. 49, § 102; 1999, No. 100 (Adj. Sess.), § 1, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 45, eff. July 1, 2022; 2023, No. 6, § 35, eff. July 1, 2023; 2023, No. 42, § 6, eff. July 1, 2023.)
