Vermont S 323: An act relating to miscellaneous agricultural subjects

Bill Text

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VT LEG #390271 v.1
No. 178. An act relating to miscellaneous agricultural subjects.
(S.323)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Milk Producers * * *
Sec. 1. 6 V.S.A. § 2752 is amended to read:
§ 2752. REFUSAL TO PURCHASE; HEARING; SECRETARY’S ORDER
(a) A handler doing business in this State who has a contract either verbal
or written with a producer residing in this State for the purchase of the
producer’s dairy products shall not refuse to purchase them from the producer
except for violations of the sanitary rules or standards applicable to the market
in which the dairy product is sold or marketed, without being deemed guilty of
unfair discrimination. In the event that the refusal is to be based upon reasons
of oversupply or other reasonable grounds, the refusal shall not become
operative until the purchaser has given the producer at least 90 days’ notice of
intention to refuse the producer’s product on these grounds, which shall be
particularly set forth in writing so that the producer may be fully appraised of
the refusal.
(b) If the producer desires to question the existence or validity of such
grounds of refusal, he or she the producer may do so within 90 days after
receiving the notice or refusal by requesting the Secretary of Agriculture, Food
and Markets for a hearing, and the Secretary is hereby given jurisdiction to
hear and determine the question. The producer shall make complaints of such

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contemplated refusal in writing to the Secretary, setting forth the substance of
the refusal notice and requesting to be heard thereon. The Secretary shall then
notify both the producer and the purchaser in writing, sent to them by
registered mail, of the time and place of hearing thereon. The time of the
hearing shall not be less than 10 nor more than 30 days from the date of the
notice. Hearing shall be informal. Both parties shall have an opportunity to
produce evidence.
* * *
(d) If a request for a hearing is made by a purchaser producer, refusal of the
purchaser shall not become operative until hearing and decision in the
purchaser’s favor by the Secretary.
* * *
* * * Farm-to-School Program Contracts * * *
Sec. 2. 6 V.S.A. § 4721 is amended to read:
§ 4721. LOCAL FOODS GRANT PROGRAM
(a) There is created in the Agency of Agriculture, Food and Markets the
Rozo McLaughlin Farm-to-School Program to execute, administer, and award
provide local grants or contracts for the purpose of helping Vermont schools
develop farm-to-school programs that will sustain relationships with local
farmers and producers, enrich the educational experience of students, improve
the health of Vermont children, and enhance Vermont’s agricultural economy.

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(b) A school, a school district, a consortium of schools, a consortium of
school districts, a registered or licensed child care provider, or an organization
administering or assisting the development of farm-to-school programs may
apply to the Secretary of Agriculture, Food and Markets for a grant award or
contract to:
* * *
(c) The Secretaries of Agriculture, Food and Markets and of Education and
the Commissioner of Health, in consultation with farmers, child nutrition staff,
educators, organizations administering or assisting the development of farm-to-
school programs, and farm-to-school technical service providers, jointly shall
adopt procedures relating to the content of the grant application applications or
contract bids and the criteria for making awards.
* * *
(e) No award individual grant or contract shall be greater than 20 percent of
the total annual amount funds available for granting except that a grant an
award to the following entities may, at the discretion of the Secretary of
Agriculture, Food and Markets, exceed the cap:
(1) Farm-to-School service providers; or
(2) school districts or consortiums of school districts that completed
merger under 2010 Acts and Resolves No. 153, 2012 Acts and Resolves No.
156, or 2015 Acts and Resolves No. 46 on or before July 1, 2019, provided

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that the grant is funds are used for the purpose of expanding Farm-to-School
projects to additional schools within the new school district.
* * * Pest Control Compact Repeal and Pesticide Exam Requirements * * *
Sec. 3. REPEAL
6 V.S.A. chapter 83 (Pest Control Compact) is repealed on July 1, 2026.
Sec. 4. 6 V.S.A. § 1112 is amended to read:
§ 1112. LICENSING PESTICIDE APPLICATORS; PESTICIDE
COMPANIES; DEALERS
(a) The Secretary may adopt rules requiring persons selling Class A and B
pesticides to be licensed under this chapter. In addition, the Secretary may
adopt rules requiring companies that hire applicators or conduct pesticide
applications to be licensed and applicators who use pesticides to be certified
under this chapter. The Secretary may establish reasonable requirements for
obtaining