§3305. Additional powers of the secretary

Link to law: http://legislature.vermont.gov/statutes/section/06/204/03305
Published: 2015

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3305. Additional powers of the secretary

In order to

accomplish the objectives stated in section 3303 of this title, the Secretary


(1) Remove

inspectors from any establishment that fails to destroy condemned products as

required under subdivision 3304(2) of this title.

(2) Refuse to

provide inspection service under this chapter with respect to any establishment

for reasons specified in section 401 of the Federal Meat Inspection Act or

section 18 of the Federal Poultry Products Inspection Act or for any other

violation of this chapter and the regulations promulgated under it.

(3) Order

labeling and containers to be withheld from use if he or she determines that

the labeling is false or misleading or the containers are of a misleading size

or form.

(4) By rules,

prescribe the sizes, style, and type to be used for labeling information

required under this chapter, and definitions and standards of identity or

composition or standards of fill of container, consistent with federal

standards, when he or she deems the action appropriate for the protection of

the public.

(5) By rules,

prescribe conditions for storage and handling of livestock products and poultry

products by persons engaged in the business of buying, selling, freezing,

storing, or transporting these products in or for intrastate commerce to assure

that these products will not be adulterated or misbranded when delivered to the


(6) Require that

equines be slaughtered and prepared in establishments separate from

establishments where other livestock are slaughtered or their products are


(7) Authorize

inspection to continue at official establishments on State holidays, or beyond

the regular work shift or workweek for State inspectors; provided that the

necessary inspectors are available and the official establishment pays all

overtime salaries of inspections necessary to keep the plant open and other

expenses occasioned by the overtime employment. All of these payments shall be

retained in a revolving fund for administrating this chapter.

(8) Adopt rules

as necessary for the efficient execution of the provisions of this chapter,

including rules of practice providing opportunity for hearing in connection

with issuance of orders under subdivision 3304(5) or subdivision (1), (2), or

(3) of this section and establishing procedure for proceedings in these cases.

This shall not preclude a requirement that a label or container be withheld

from use, or a refusal of inspection under subdivision 3304(5) or subdivision

(1) or (3) of this section pending issuance of a final order in any proceeding.

The federal meat inspection regulations and federal poultry inspection

regulations of the U.S. Department of Agriculture, Title 9, Code of Federal

Regulations, Chapter 3, 9 CFR §§ 300.1 et seq., together with amendments,

supplements, and revisions thereto, are adopted as part of this chapter.

(9) Appoint and

prescribe the duties for a head of service and such inspectors and other

personnel as he or she deems necessary for the efficient execution of the provisions

of this chapter.

(10) Cooperate

with the U.S. Secretary of Agriculture in administration of this chapter to

accomplish the purposes stated in section 3303; accept federal assistance for

that purpose and spend public funds of this State appropriated for

administration of this chapter to pay the State's proportionate share of the

estimated total cost of the cooperative program.

(11) Recommend

to the  U.S. Secretary of Agriculture,

officials or employees of the Agency of Agriculture, Food and Markets for

appointment to the advisory committees provided for in the federal acts.

(12) Serve as

the representative of the Governor for consultation with the Secretary under

subsection (c) of section 301 of the Federal Meat Inspection Act and subsection

(c) of section 5 of the Federal Poultry Products Inspection Act unless the

Governor selects another representative.

(13) Exempt the

operations of any person from inspection or other requirements of this chapter

if and to the extent the operations would be exempt from the corresponding

requirements under the Federal Meat Inspection Act or the Federal Poultry

Products Inspection Act if they were conducted in or for interstate commerce or

if the State were designated under the federal acts as one in which the federal

requirements apply to intrastate commerce.

(14) Require

retail vendors who affix labels with a date to meat, meat food products, or

poultry products, to clearly and conspicuously post their policy concerning

date of sale labeling in order to enable consumers to understand the policy.

(15) Establish

by rule the method for providing voluntary inspection, and withdrawal of

inspection, of exotic animals, wild game, game birds, red deer, and cervidae.

These rules may also provide for the inspection of meat and meat food products

derived from those animals. The Secretary shall provide voluntary inspection of

bison and cervidae produced in Vermont, including the inspection of meat and

meat food products processed in Vermont derived from bison and cervidae, wherever

produced. For such inspection, the Secretary shall charge a fee equal to the

rate for reimbursable inspection services provided under the Vermont Meat and

Poultry Inspection Program.

(16) Exempt

livestock producers who sell directly to consumers or inspected slaughterhouses

in carcass form from the licensing requirements of section 3306 of this title.

To be eligible for this exemption, the livestock shall be slaughtered under

inspection and the producer shall relinquish control of the carcass at the slaughterhouse.

Payment for the carcasses shall be based on hanging weight rather than live

weight. This exemption does not apply to any retail operations or poultry.

(17) Authorize

and recognize mobile slaughter and processing establishments as official establishments

or exempt them under subdivision 3305(13) of this section.

(18) Sell or

lease a mobile slaughtering unit, and may retain any proceeds therefrom in a

fund designated for the purpose of purchasing additional mobile slaughtering

units or providing matching grants for capital investments to increase poultry

slaughter or poultry processing capacity. (Added 1985, No. 226 (Adj. Sess.), §

1, eff. June 2, 1986; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1,

1991; 1991, No. 228 (Adj. Sess.), § 3; 1993, No. 126 (Adj. Sess.), § 1; 1995,

No. 128 (Adj. Sess.), § 5; 1997, No. 35, § 1, eff. May 22, 1997; 1999, No. 49, §

124; 2003, No. 37, § 6; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 38, §

11, eff. May 21, 2007; 2009, No. 134 (Adj. Sess.), § 13, eff. June 3, 2010;

2011, No. 13, § 2, eff. April 28, 2011; 2013, No. 83, § 2, eff. June 10, 2013.)