The Vermont Statutes Online
GENERAL POWERS; SECRETARY OF AGRICULTURE, FOOD AND MARKETS
21. Authority to address public health hazards and food safety issues
(a) As used in
"Adulterated" shall have the same meaning as in 18 V.S.A. § 4059 and
shall include adulteration under rules adopted under 18 V.S.A. chapter 82.
means any natural disaster, weather-related incident, health- or
disease-related incident, resource shortage, plant pest outbreak, accident, or
fire that poses a threat or may pose a threat, as determined by the Secretary,
to health, safety, the environment, or property in Vermont.
"Farm" means a site or parcel on which farming is conducted.
"Farming" shall have the same meaning as in 10 V.S.A. § 6001(22).
health hazard" means the potential harm to the public health by virtue of
any condition or any biological, chemical, or physical agent. In determining
whether a health hazard is public or private, the Secretary shall consider at
least the following factors:
(A) the number
of persons at risk;
characteristics of the person or persons at risk;
characteristics of the condition or agent that is the source of potential harm;
availability of private remedies;
geographical area and characteristics thereof where the condition or agent that
is the source of the potential harm or the receptors exists; and
(F) the policy
of the Agency of Agriculture, Food and Markets as established by rule or
agricultural commodity" means any food in its raw or natural state,
including all fruits or vegetables that are washed, colored, or otherwise
treated in their unpeeled natural form prior to marketing.
"Secretary" means the Secretary of Agriculture, Food and Markets.
Secretary shall have the authority to:
(1) respond to
and remediate incidences of mass animal death, agricultural structure fires, or
other emergencies on a farm in order to prevent a public health hazard;
confiscate, or establish restrictions on the use, sale, or distribution of
adulterated raw agricultural commodities or animal feed; and
with the Department of Health and other State and federal agencies regarding:
prevention or remediation of the adulteration of raw agricultural commodities,
food, or animal feed on farms; and
(B) application of
the FDA Food Safety Modernization Act, 21 U.S.C. §§ 2201-2252, to farms, farm
products, or value-added products produced in the State. (Added 2013, No. 159
(Adj. Sess.), § 12, eff. May 28, 2014.)