The Vermont Statutes Online

Title 6 : Agriculture

Chapter 151 : Supervision, Inspection, and Licensing of Dairy Operations

Subchapter 005 : RBST LABELING

• § 2763. Secretary’s verification

  (a) The Secretary is authorized to conduct random inspections of dairy farm operations to determine whether evidence exists that rbST is or has been used in the production of milk, which may include inspection of a milking herd, historical milk production records, and medicine storage places. If an inspection finds evidence contradicting the claim of a producer made under section 2762 of this title, the Secretary shall immediately so notify the Attorney General and the handler concerned.

  (b) The Secretary is authorized to investigate when he or she deems appropriate, and the Secretary shall at least annually review, the business operations of any milk handler who claims pursuant to this subchapter that rbST has not been used in the production of milk or dairy products offered for retail sale in Vermont, for the purpose of verifying such claims. An investigation or an annual review may be made, if the Secretary deems appropriate, of claims of non-rbST use in the production in other states or countries of milk or dairy products offered for retail sale in Vermont, pursuant to section 2767 of this title. An investigation or a review may include the examination of a milk handler’s collection, transportation, processing, or manufacturing equipment, methods, and historical records, including records of milk pickups and deliveries.

  (c) The Secretary is authorized to confirm a producer’s claim of non-rbST use pursuant to subdivision 2762(1) of this title:

  (1) in conjunction with the random inspection of dairy farm operations pursuant to subsection (a) of this section;

  (2) upon the written request of a handler regarding specific producers supplying milk to the handler; or

  (3) when the Secretary has reason to suspect that a specific producer has made a false affidavit.

  (d) Any supplier of rbST doing business or wishing to do business in Vermont shall register with the Secretary. In the event the Secretary is investigating a producer’s claim of non-rbST use pursuant to subdivision 2762(1) of this title, a supplier shall when requested by the Secretary make available to the Secretary records of business transactions with the producer under investigation by the Secretary.

  (e) If the Secretary determines that the claims of a milk handler of non-rbST use pursuant to section 2762 of this title cannot be verified, the Secretary shall immediately so notify the Attorney General and the handler concerned. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 33, § 13.)