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The Vermont Statutes Online



Title

06

:
Agriculture






Chapter

001

:
GENERAL POWERS; SECRETARY OF AGRICULTURE, FOOD AND MARKETS











 

§

21. Authority to address public health hazards and food safety issues

(a) As used in

this section:

(1)

"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.

(2) "Emergency"

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.

(3)

"Farm" means a site or parcel on which farming is conducted.

(4)

"Farming" shall have the same meaning as in 10 V.S.A. § 6001(22).

(5) "Public

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;

(B) the

characteristics of the person or persons at risk;

(C) the

characteristics of the condition or agent that is the source of potential harm;

(D) the

availability of private remedies;

(E) the

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

procedure.

(6) "Raw

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.

(7)

"Secretary" means the Secretary of Agriculture, Food and Markets.

(b) The

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;

(2) condemn,

confiscate, or establish restrictions on the use, sale, or distribution of

adulterated raw agricultural commodities or animal feed; and

(3) cooperate

with the Department of Health and other State and federal agencies regarding:

(A) the

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.)