§ 4061. Rules regarding permits; investigation
(a) Whenever the Department finds after investigation that the distribution in Vermont
of any class of food may, by reason of contamination with microorganisms during manufacture,
processing, or packing thereof in any locality, be injurious to health, and that the
injurious nature cannot be adequately determined after the articles have entered commerce,
it then, and in that case only, shall adopt rules providing for the issuance to manufacturers,
processors, or packers of that class of food in that locality, of permits to which
shall be attached such conditions governing the manufacture, processing, or packing
of that class of food and for such temporary period of time, as may be necessary to
protect the public health, and after the effective date of the rules and during the
temporary period, no person shall introduce or deliver for introduction into commerce
any such food manufactured, processed, or packed by any such manufacturer, processor,
or packer unless the manufacturer, processor, or packer holds a permit issued by the
Department as provided by the rules.
(b) The Department is authorized to suspend immediately upon notice any permit issued
under authority of this section if it is found that any of the conditions of the permit
have been violated. The holder of a permit so suspended shall be privileged at any
time to apply for the reinstatement of the permit and the Department shall, immediately
after prompt hearing and inspection of the establishment, reinstate the permit if
it is found that adequate measures have been taken to comply with and maintain the
conditions of the permit, as originally issued, or as amended.
(c) Any officer or employee duly designated by the Department shall have access to any
factory or establishment, the operator of which holds a permit from the Department,
for the purpose of ascertaining whether or not the conditions of the permit are being
complied with, and denial of access for the inspection shall be grounds for suspension
of the permit until the access is freely given by the operator. (Added 1959, No. 172, § 12, eff. May 12, 1959; amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2015, No. 23, § 110; 2023, No. 6, § 141, eff. July 1, 2023; 2023, No. 53, § 91, eff. June 8, 2023.)