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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 6 : Agriculture

Chapter 035 : SEEDS

Subchapter 002 : SEED STANDARDS

(Cite as: 6 V.S.A. § 642)
  • § 642. Duties and authority of the Secretary

    (a) The Secretary shall enforce and carry out the provisions of this subchapter, including:

    (1) Sampling, inspecting, making analysis of, and testing seeds subject to the provisions of this subchapter that are transported, sold, or offered or exposed for sale within the State for sowing purposes. The Secretary shall notify promptly a person who sells, offers, or exposes seeds for sale and, if appropriate, the person who labels or transports seeds, of any violation and seizure of the seeds, or order to cease sale of the seeds under section 643 of this title.

    (2) Making or providing for purity and germination tests of seed for farmers and dealers on request and to fix and collect charges for the tests made.

    (3) Cooperating with the U.S. Department of Agriculture and other agencies in seed law enforcement.

    [ Subdivision (a)(4) effective until January 1, 2022; see also subdivision (a)(4) effective January 1, 2022 .]

    (4) Prior to sale, distribution, or use of a new genetically engineered seed in the State and after consultation with a seed review committee convened under subsection (c) of this section, review the traits of the new genetically engineered seed. The Secretary may prohibit, restrict, condition, or limit the sale, distribution, or use of the seed in the State when determined necessary to prevent an adverse effect on agriculture in the State.

    [ Subdivision (a)(4) effective January 1, 2022; see also subdivision (a)(4) effective until January 1, 2022 .]

    (4) Prior to sale, distribution, or use of a new genetically engineered seed in the State and after consultation with the Agricultural Innovation Board under section 4964 of this title, review the traits of the new genetically engineered seed. The Secretary may prohibit, restrict, condition, or limit the sale, distribution, or use of the seed in the State when determined necessary to prevent an adverse effect on agriculture in the State.

    (b) The Secretary shall establish rules to carry out the provisions of this subchapter, including those governing the methods of sampling, inspecting, analyzing, testing, and examining seeds and reasonable standards for seed.

    [ Subsection (c) repealed effective January 1, 2022.]

    (c)(1) The Secretary shall convene a seed review committee to review the seed traits of a new genetically engineered seed proposed for sale, distribution, or use in the State.

    (2) A seed review committee convened under this subsection shall be composed of the Secretary of Agriculture, Food and Markets or designee and the following members appointed by the Secretary:

    (A) a certified commercial agricultural pesticide applicator;

    (B) an agronomist or relevant crop specialist from the University of Vermont or Vermont Technical College;

    (C) a licensed seed dealer; and

    (D) a member of a farming sector affected by the new genetically engineered seed.

    (3) A majority of the seed review committee must approve of the sale, distribution, or use of a new genetically engineered seed prior to sale, distribution, or use in the State. In order to ensure the appropriate use or traits of a new genetically engineered seed in the State, a seed review committee may propose to the Secretary limits or conditions on the sale, distribution, or use of a seed or recommend a limited period of time for sale of the seed. (Added 1989, No. 85, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 83, § 18; 2021, No. 49, § 7, eff. Jan. 1, 2022.)