The Vermont Statutes Online

Title 6 : Agriculture

Chapter 001 : General Powers; Secretary of Agriculture, Food and Markets

• § 21. Authority to address public health hazards and food safety issues

  (a) As used in this section:

  (1) “Adulterated” has the same meaning as in 18 V.S.A. § 4059 and shall include adulteration under rules adopted under 18 V.S.A. chapter 82.

  (2) “Emergency” means any natural disaster, weather-related incident, health- or disease-related incident, resource shortage, plant pest outbreak, accident, or fire that poses a threat or may pose a threat, as determined by the Secretary, to health, safety, the environment, or property in Vermont.

  (3) “Farm” means a site or parcel on which farming is conducted.

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

  (5) “Public health hazard” means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. In determining whether a health hazard is public or private, the Secretary shall consider at least the following factors:

  (A) the number of persons at risk;

  (B) the characteristics of the person or persons at risk;

  (C) the characteristics of the condition or agent that is the source of potential harm;

  (D) the availability of private remedies;

  (E) the geographical area and characteristics thereof where the condition or agent that is the source of the potential harm or the receptors exists; and

  (F) the policy of the Agency of Agriculture, Food and Markets as established by rule or procedure.

  (6) “Raw agricultural commodity” means any food in its raw or natural state, including all fruits or vegetables that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

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

  (b) The Secretary shall have the authority to:

  (1) respond to and remediate incidences of mass animal death, agricultural structure fires, or other emergencies on a farm in order to prevent a public health hazard or protect the environment, including:

  (A) Expending up to $25,000.00 in funding from the Agency of Agriculture, Food and Markets’ budget to remediate the issue when there are no other financial resources available, and the Secretary has determined the expenditure is necessary for either public health or the environment.

  (B) The Secretary may attempt to recover monies expended under subdivision (1)(A) of this subsection (b) from the responsible party;

  (2) condemn, confiscate, or establish restrictions on the use, sale, or distribution of adulterated raw agricultural commodities or animal feed; and

  (3) cooperate with the Department of Health and other State and federal agencies regarding:

  (A) the prevention or remediation of the adulteration of raw agricultural commodities, food, or animal feed on farms; and

  (B) application of the FDA Food Safety Modernization Act, Pub. L. No. 111-353, to farms, farm products, or value-added products produced in the State. (Added 2013, No. 159 (Adj. Sess.), § 12, eff. May 28, 2014; amended 2017, No. 180 (Adj. Sess.), § 1, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 17, eff. May 30, 2018; 2019, No. 64, § 15.)