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.
Subchapter
003
:
LICENSING AND INSPECTION
(Cite as: 6 V.S.A. § 2744)
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§ 2744. Enforcement
(a) Enforcement of dairy sanitation rules in milk plants. In the event that inspection of a milk plant discloses conditions not meeting the
standards established in this part or the rules adopted under this part, the handler
shall be directed how to secure compliance with the terms of this part and the rules
adopted under this part. The Secretary shall allow a reasonable time to correct the
unsatisfactory conditions. At the expiration of the time granted for correction, another
inspection shall be made. If conditions are then found in violation of this part or
the rules adopted under this part, the Secretary shall require the appearance of the
handler before the Secretary to show cause why the handler’s license should not be
suspended or terminated. In this event, the handler shall give the Secretary a list
of producers supplying the handler milk, and the Secretary shall give notice to producers
of the pending suspension.
(b) Enforcement of dairy sanitation rules on dairy farms. In the event that inspection of a dairy farm discloses conditions not meeting the
standards established in this part or the rules adopted under this part, the producer
and the handler concerned shall be notified in writing clearly stating the unsatisfactory
conditions. The producer shall be advised as how to secure compliance with the terms
of this part and the rules adopted under this part. The Secretary shall allow the
producer a reasonable time to correct the unsatisfactory conditions. At the expiration
of this time granted for correction or as soon as feasible thereafter, another inspection
shall be made. If conditions are then found in violation of this part or the rules
adopted under this part, the Secretary shall require the producer to appear before
the Secretary to show cause why the producer’s right to sell milk should not be suspended
or terminated. If the producer’s right to sell milk is suspended or terminated, the
Secretary shall then notify the appropriate handler to stop handling the milk from
this producer. No other handler processing or packing fluid dairy products shall handle
milk from this producer. In the event that a producer corrects the unsatisfactory
conditions to the satisfaction of the Secretary as determined by inspection, the Secretary
shall immediately notify the appropriate handlers.
(c) Prohibition on sales or transfers. In the event that any inspection or test of a milk plant or dairy farm discloses conditions
that are of immediate and serious danger to public health, the handler or the producer
may be at once forbidden to sell or transfer dairy products for human consumption
until a subsequent inspection or test indicates that the danger to public health no
longer exists.
(d) Right of entry. The Secretary or his or her agent may for the purpose of inspection enter at all reasonable
times the premises, except the residence, of all milk handlers and producers and examine
all pertinent records and personnel and may use reasonable means of determining the
sanitary condition of the entire milk producing and handling process. Refusal to permit
inspection shall be grounds for revoking a license or the ability to ship milk pursuant
to 3 V.S.A. chapter 25. (Added 1965, No. 175, § 7; amended 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011; 2021, No. 105 (Adj. Sess.), § 115, eff. July 1, 2022.)