§2778. Delivery of unpasteurized (raw) milk

Link to law: http://legislature.vermont.gov/statutes/section/06/152/02778
Published: 2015

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Title

06

:
Agriculture






Chapter

152

:
SALE OF UNPASTEURIZED (RAW) MILK











 

§

2778. Delivery of unpasteurized (raw) milk

(a) Delivery of

unpasteurized milk off the farm is permitted only within the State of Vermont

and only of milk produced by a producer meeting the requirements of subsection

2777(f) of this chapter.

(b) Delivery

shall conform to the following requirements:

(1) Delivery

shall be to a customer who has purchased milk in advance either by a one-time

payment or through a subscription. Milk is purchased in advance of delivery

when payment is provided prior to delivery at the customer's home or prior to

commencement of the farmers' market where the customer receives delivery.

(2) A producer

may deliver directly to the customer:

(A) at the

customer's home or into a refrigerated unit at the customer's home if such unit

is capable of maintaining the unpasteurized milk at 40 degrees Fahrenheit or

lower until obtained by the customer;

(B) at a

farmers' market, as that term is defined in section 5001 of this title, where

the producer is a vendor;

(3) During

delivery, unpasteurized milk shall be protected from exposure to direct

sunlight.

(4) During

delivery, unpasteurized milk shall be kept at 40 degrees Fahrenheit or lower at

all times.

(c) A producer

may contract with another individual to deliver the unpasteurized milk in

accordance with this section. The producer shall be jointly and severally

liable for the delivery of the unpasteurized milk in accordance with this

section.

(d) Prior to

delivery at a farmers' market under this section, a producer shall submit to

the Agency of Agriculture, Food and Markets written or electronic notice of

intent to deliver unpasteurized milk at a farmers' market. The notice shall:

(1) include the

producer's name and proof of registration;

(2) identify the

farmers' market or markets where the producer will deliver milk; and

(3) specify the

day or days of the week on which delivery will be made at a farmers' market.

(e) A producer

delivering unpasteurized milk at a farmers' market under this section shall

display the registration required under subdivision 2777(f)(4) of this title

and the sign required under subdivision 2777(d)(6) on the farmers' market stall

or stand in a prominent manner that is clearly visible to consumers. (Added

2009, No. 62, § 2; amended 2013, No. 149 (Adj. Sess.), § 3; 2015, No. 39, § 29,

eff. May 28, 2015.)
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