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The Vermont Statutes Online
Title
06
:
Agriculture
Chapter
204
:
PREPARATION OF LIVESTOCK AND POULTRY PRODUCTS
§
3306. Licensing
(a) No person
shall engage in intrastate commerce in the business of buying, selling,
preparing, processing, packing, storing, transporting, or otherwise handling
meat, meat food products, or poultry products, unless that person holds a valid
license issued under this chapter. Categories of licensure shall include:
commercial slaughterers, custom slaughterers, commercial processors, custom
processors, wholesale distributors, retail vendors, meat and poultry product
brokers, renderers, public warehouse operators, animal food manufacturers,
handlers of dead, dying, disabled, or diseased animals, and any other category
which the Secretary may by rule establish.
(b) The owner or
operator of each plant or establishment of the kind specified in subsection (a)
of this section shall apply in writing to the Secretary on a form prescribed by
him or her for a license to operate the plant or establishment. In case of
change of ownership or change of location, a new application shall be made. Any
person engaged in more than one licensed activity shall obtain separate
licenses for each activity.
(c) The head of
service shall investigate all circumstances in connection with the application
for license to determine whether the applicable requirements of this chapter
and rules made under it have been complied with. The Secretary shall grant,
condition, or refuse the license upon the basis of all information available to
him or her including all facts disclosed by investigation. Each license shall
bear an identifying number.
(d) The annual
fee for a license for a retail vendor is $15.00 for vendors without meat
cutting operations, $30.00 for vendors with meat cutting space of less than 300
square feet or meat display space of less than 20 linear feet, and $60.00 for
vendors with 300 or more square feet of meat cutting space and 20 or more
linear feet of meat display space. Fees collected under this section shall be
deposited in a special fund managed pursuant to 32 V.S.A. chapter 7, subchapter
5, and shall be available to the Agency to offset the cost of administering
chapter 204 of this title. For all other plants, establishments, and related
businesses listed under subsection (a) of this section, except for a public
warehouse licensed under chapter 67 of this title, the annual license fee shall
be $50.00.
(e) The
Secretary may, after notice and opportunity for hearing, refuse to grant,
suspend, or revoke a license, may impose terms or conditions for operation
under a license, including video monitoring, or may take any other action which
he or she deems appropriate concerning any license, if he or she determines
that any false statement was made in the application or if he or she finds that
there is any failure to comply with this chapter or the rules made under it.
(f) Repealed.]
(g) Producers of
livestock and livestock dealers who sell carcasses to or through inspected
slaughterhouses are exempt from having to obtain a wholesale distributor's
license under this section. All other licensing provisions shall be applicable
to such an individual.
(h) The
Secretary may deny a commercial slaughter license or the renewal of a
commercial slaughter license under this chapter to a person who has been
convicted of a felony, convicted of a misdemeanor involving cruelty to animals,
or has been found in violation of section 3132 of this title more than once.
The Secretary may deny a commercial slaughter license or renewal of a
commercial slaughter license under this chapter if a person responsibly
connected to the applicant has been convicted of a felony, convicted of a
misdemeanor involving cruelty to animals, or has been found in violation of
section 3132 of this title more than once. As used in this subsection, a
"person responsibly connected to an applicant" is a partner, officer,
director, holder, or owner of 10 percent or more of the voting stock of the
applicant's business or is an employee in a managerial or executive capacity at
the applicant's business.
(i) All
applicants for licensure or relicensure as a commercial slaughter facility
shall submit a written humane livestock handling plan for review and approval
by the Secretary of Agriculture, Food and Markets or designee. The Secretary
may suspend, revoke, or condition any commercial slaughter facility license,
after notice and opportunity for hearing, for a licensee's failure to adhere to
the written plan.
(j) Commercial
slaughter facilities issued a license by the Agency of Agriculture, Food and
Markets shall submit to the Secretary or designee within five days of receipt
any documentation received from the U.S. Department of Agriculture (USDA)
related to violations of the Federal Humane Slaughter Act and rules adopted
thereunder. The Secretary shall review the documentation submitted under this
subdivision for potential action under this chapter or chapter 201 of this
title. A failure to submit documentation required under this subdivision shall
be a violation of this chapter subject to an administrative penalty under
chapter 15 of this title. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2,
1986; amended 1989, No. 257 (Adj. Sess.), § 15; 1991, No. 228 (Adj. Sess.), §
2; 2001, No. 143 (Adj. Sess.), § 40, eff. June 21, 2002; 2003, No. 42, § 2,
eff. May 27, 2003; 2007, No. 207 (Adj. Sess.), § 5, eff. April 15, 2009; 2009,
No. 134 (Adj. Sess.), § 14; 2009, No. 158 (Adj. Sess.), § 7, eff. June 3, 2010;
2013, No. 83, § 3, eff. June 10, 2013.)