§ 3306. Licensing
(a) No person shall engage in intrastate commerce in the business of buying, selling,
preparing, processing, packing, storing, transporting, or otherwise handling meat,
meat food products, or poultry products, unless that person holds a valid license
issued under this chapter. Categories of licensure shall include commercial slaughterers;
custom slaughterers; commercial processors; custom processors; wholesale distributors;
retail vendors; meat and poultry product brokers; renderers; public warehouse operators;
animal food manufacturers; handlers of dead, dying, disabled, or diseased animals;
and any other category that the Secretary may by rule establish.
(b) The owner or operator of each plant or establishment of the kind specified in subsection
(a) of this section shall apply in writing to the Secretary on a form prescribed by
him or her for a license to operate the plant or establishment. In case of change
of ownership or change of location, a new application shall be made. Any person engaged
in more than one licensed activity shall obtain separate licenses for each activity.
(c) The head of service shall investigate all circumstances in connection with the application
for license to determine whether the applicable requirements of this chapter and rules
made under it have been complied with. The Secretary shall grant, condition, or refuse
the license upon the basis of all information available to him or her, including all
facts disclosed by investigation. Each license shall bear an identifying number.
(d) The annual fee for a license for a retail vendor is $15.00 for vendors without meat
processing operations, $50.00 for vendors with meat processing space of less than
300 square feet or meat display space of less than 20 linear feet, and $100.00 for
vendors with 300 or more square feet of meat processing space or 20 or more linear
feet of meat display space. Fees collected under this section shall be deposited in
a special fund managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Agency to offset the cost of administering
chapter 204 of this title. For all other plants, establishments, and related businesses
listed under subsection (a) of this section, the annual license fee shall be $150.00.
(e) The Secretary may, after notice and opportunity for hearing, refuse to grant, suspend,
or revoke a license; may impose terms or conditions for operation under a license,
including video monitoring; or may take any other action that he or she deems appropriate
concerning any license, if he or she determines that any false statement was made
in the application or if he or she finds that there is any failure to comply with
this chapter or the rules made under it.
(f) [Repealed.]
(g) Producers of livestock and livestock dealers who sell carcasses to or through inspected
slaughterhouses are exempt from having to obtain a wholesale distributor’s license
under this section. All other licensing provisions shall be applicable to such an
individual.
(h) The Secretary may deny a commercial slaughter license or the renewal of a commercial
slaughter license under this chapter to a person who has been convicted of a felony,
convicted of a misdemeanor involving cruelty to animals, or has been found in violation
of section 3132 of this title more than once. The Secretary may deny a commercial slaughter license or renewal
of a commercial slaughter license under this chapter if a person responsibly connected
to the applicant has been convicted of a felony, convicted of a misdemeanor involving
cruelty to animals, or has been found in violation of section 3132 of this title more than once. As used in this subsection, a “person responsibly connected to an
applicant” is a partner, officer, director, holder, or owner of 10 percent or more
of the voting stock of the applicant’s business or is an employee in a managerial
or executive capacity at the applicant’s business.
(i) All applicants for licensure or relicensure as a commercial slaughter facility shall
submit a written humane livestock handling plan or a good commercial practices plan
for poultry for review and approval by the Secretary of Agriculture, Food and Markets
or designee. The Secretary may suspend, revoke, or condition any commercial slaughter
facility license, after notice and opportunity for hearing, for a licensee’s failure
to adhere to the written plan.
(j) Commercial slaughter facilities issued a license by the Agency of Agriculture, Food
and Markets shall submit to the Secretary or designee within five days after receipt
of any documentation received from the U.S. Department of Agriculture (USDA) related
to violations of the Federal Humane Slaughter Act and rules adopted under that Act.
The Secretary shall review the documentation submitted under this subsection for potential
action under this chapter or chapter 201 of this title. A failure to submit documentation
required under this subsection shall be a violation of this chapter subject to an
administrative penalty under chapter 15 of this title. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 257 (Adj. Sess.), § 15; 1991, No. 228 (Adj. Sess.), § 2; 2001, No. 143 (Adj. Sess.), § 40, eff. June 21, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 207 (Adj. Sess.), § 5, eff. April 15, 2009; 2009, No. 134 (Adj. Sess.), § 14; 2009, No. 158 (Adj. Sess.), § 7, eff. June 3, 2010; 2013, No. 83, § 3, eff. June 10, 2013; 2015, No. 149 (Adj. Sess.), § 19; 2017, No. 75, § 5; 2021, No. 105 (Adj. Sess.), § 136, eff. July 1, 2022; 2023, No. 73, § 3, eff. July 1, 2023; 2023, No. 141 (Adj. Sess.), § 6, eff. July 1, 2024.)