The Vermont Statutes Online
PREPARATION OF LIVESTOCK AND POULTRY PRODUCTS
3305. Additional powers of the secretary
In order to
accomplish the objectives stated in section 3303 of this title, the Secretary
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.
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
(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
(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
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.
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.
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.
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.
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.
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.
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.)