§ 2722. Application
Applications shall be completely filled out and sworn to by the applicant or a partner
or officer of the applicant and in case of renewal shall be filed with the Secretary
on or before July 15 of each year. New handlers may apply for a license at any time.
Renewal applications not received on or before August 15 shall be assessed a late
fee of $100.00. The application for a handler’s license shall provide the following
information and such other information as the Secretary by regulation shall reasonably
require:
(1) Name and address of applicant and the location of all plants and facilities owned
or operated or to be owned or operated within the State of Vermont or outside the
State of Vermont, or both.
(2) A statement as to whether the applicant, or any partner, officer, or director thereof,
is presently the subject of any criminal, civil, or disciplinary action by any federal
or state agency, or has been convicted of a crime relating in any way to the business
of milk processing or marketing, or both.
(3) In the case of a new application, the applicant shall provide the following information:
(A) The anticipated sources of supply of milk for the next 12 months.
(B) The anticipated supply of milk and the daily quantity to be purchased from such sources.
If a handler buys milk or represents that he or she intends to buy milk from Vermont
producers, he or she shall provide a sworn balance sheet showing assets and liabilities
and a profit and loss statement as of the end of the handler’s preceding fiscal year
and such other information regarding its financial condition as the Secretary may
require. Upon the request of the Secretary, the financial statements shall be accompanied
by an opinion of a certified public accountant.
(C) The value of the milk he or she intends to purchase for each of the succeeding 12
months from Vermont producers. In case purchases from Vermont milk producers during
the license period vary in any one month by more than 20 percent from the amount stated
on the application for the same month of the prior year or from the amount predicted
for that month in the current year, as the case may be, the handler shall immediately
notify the Secretary in writing of the amount of variation.
(D) A statement as to when all Vermont producers will be paid in part and in full. Payment
shall be made as agreed upon but shall not be later than the 25th of the following
month.
(E) The results of health tests certified by an appropriate public agency as the Secretary
shall by regulation require. The Secretary may issue rules establishing what tests
shall be administered and by whom they shall be certified.
(F) A statement that the handler will pay to the Secretary all milk taxes required by
law.
(G) A statement that the handler will comply with all the provisions of this part and
the rules adopted under this part. (Added 1965, No. 175, § 16; amended 1977, No. 159 (Adj. Sess.), § 2, eff. May 28, 1978; 1987, No. 217 (Adj. Sess.), § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 33, § 8; 2013, No. 159 (Adj. Sess.), § 6; 2015, No. 149 (Adj. Sess.), § 15; 2019, No. 64, § 2; 2021, No. 105 (Adj. Sess.), § 113, eff. July 1, 2022.)