The Vermont Statutes Online
The Statutes below include the actions of the 2025 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.
(Cite as: 6 V.S.A. § 331)
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§ 331. Product deficiency; short weight
(a) No registrant may produce, package, distribute, or possess any commercial feed, feed
supplement, or dosage form animal health product that is short weight or deficient
in either guaranteed ingredients or guaranteed analysis. The Secretary by rule shall
establish permitted analytical variances that shall be used to determine whether a
commercial feed, feed supplement, or dosage form animal health product is deficient.
(b) The Secretary is authorized to assess administrative penalties for any product found
to be short weight or deficient in guaranteed analysis. In assessing these penalties,
the Secretary shall give consideration to the appropriateness of the penalty with
respect to the size of the business being assessed, the gravity of the violation,
the good faith of the registrant, and the overall history of prior violations. Administrative
penalties shall be paid to the Secretary for deposit and use in the revolving account
established by subsection 364(f) of this title. Penalties shall be assessed in the following manner:
(1) any registrant who is found to have violated this section for a particular product
for the first time during any calendar year shall receive an administrative penalty
of not more than $150.00;
(2) any registrant who is found to have violated this section with regard to the same
product for the second time during the same calendar year shall receive an administrative
penalty of not more than $300.00; and
(3) any registrant who is found to have violated this section with regard to the same
product on three or more occasions during the same calendar year shall receive an
administrative penalty of not more than $500.00.
(c) In assessing a penalty under this section, the Secretary shall issue a written notice
of penalty to the registrant setting forth in a short and plain statement the alleged
violation and the proposed fine. The notice shall state that the penalty will become
final 14 days from the date the notice of penalty is issued unless the registrant
requests a hearing before the Secretary.
(d) Any registrant aggrieved by a decision of the Secretary may appeal questions of law
to a Superior Court within 30 days of the final decision of the Secretary. The Secretary
may enforce a final administrative penalty by filing an action in any District or
Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)