§ 5133. Food residuals; rulemaking
(a) The Secretary shall regulate the importation of food residuals or food processing
residuals onto a farm.
(b)(1) The Secretary shall adopt by rule requirements for the management of food residuals
and food processing residuals on a farm. The rules may include requirements regarding:
(A) the proper composting of food residuals or food processing residuals;
(B) destruction of pathogens in food residuals, food processing residuals, or compost;
(C) prevention of public health threat from food residuals, food processing residuals,
or compost;
(D) protection of natural resources or the environment; and
(E) prevention of objectionable odors, noise, vectors, or other nuisance conditions.
(2) The Secretary may adopt the rules required by this section as part of the Required
Agricultural Practices or as independent rules under this chapter.
(3) The rules shall prohibit a farm from initiating the production of compost from food
residuals or food processing residuals imported onto the farm on or after July 1,
2021 within a downtown, village center, new town center, neighborhood development
area, or growth center designated under 24 V.S.A. chapter 76a, unless the municipality
has expressly allowed composting in the designated area under the municipal zoning
or subdivision bylaws or in an approved municipal plan.
(4) The rules adopted under this section shall be designed to reduce odor, noise, vectors,
and other nuisance conditions on farms and to protect the public health and the environment
in a manner that is equal to or better than the rules for compost facilities in the
Agency of Natural Resources’ Vermont Solid Waste Management Rules, as amended.
(c) A farm producing compost under 10 V.S.A. § 6001(22)(H) shall be regulated under this chapter and shall not require a certification or other
approval from the Agency of Natural Resources under 10 V.S.A. chapter 159. (Added 2021, No. 41, § 3, eff. May 20, 2021.)