Subagency 010 ADMINISTRATIVE DIVISION

Chapter 001 ADMINISTRATION OF STIPEND FUNDS

20-001 Code Vt. R. 20-010-001-X ADMINISTRATION OF STIPEND FUNDS

Section 1 Definitions

(1) "Agricultural Fair" or "field days" means an exhibition held at least annually by an agricultural fair association at which premiums are offered for competitive exhibits in at least five competitive categories.

(2) "Agricultural Fair Association" means an organization or association incorporated under state law and governed by an elected board or directors that operate fairs and agricultural shows that are representative of the mutual interests of those who are engaged in the production, processing, marketing, and distribution of specific farm and food products such as livestock, poultry, fruits, vegetables, horticultural products, maple products, honey, Christmas trees, and other commodities normally defined as agricultural products.

(3) "Competitive Exhibits" means exhibits entered in competition demonstrating the improvement of grains, fruits, vegetables, cultivated flowers, livestock, poultry, maple products, dairy products or other agricultural crops or products. To be considered a competitive exhibit there must be at least three entries in a class.

(4) "General Operation" means the goods and services required to operate a fair in the ordinary course of business other than plant improvements and which, in usual accounting practice, give rise to ordinary expenses.

(5) "Plant improvements" mean improvements of fixtures, machinery, apparatus, equipment, display facilities, or housing required for each fair.

Section 2 Time

In order for any fair association to be eligible for an award from the State Stipend Fund for any calendar year, it shall make application to the Commissioner of Agriculture on or before February 1, of the succeeding year.

Section 3 Application

Each application shall be accompanied by both narrative and financial data in a form to be prescribed by the Commissioner of Agriculture to support a claim for an award from the State Stipend Fund. Each application shall indicate the nature of the award sought for the fund, broken down by plant improvement and general operation. Premiums shall be identified as a separate part of general operations. A stipend awarded to any applicant may include funds on account of one or both such categories and need not necessarily be in the ratio required by statute for distribution of the overall Stipend Fund. The overall stipend fund shall be divided one half for plant improvement and one half for premiums and general operation.

Section 4 Criteria

Since the State Stipend Fund is based upon competing needs of fair associations throughout the state, the Commissioner will consider both quality of the application, the importance and impact of respective fairs historically, and the relative needs of fair associations throughout the state. The Commissioner shall establish a list of fairs comparing the total attendances, the amount spent for premiums on qualifying categories, the amount spent on plant improvements and the amount spent for other operating expenses.

The allocation of the fund shall be accomplished by dividing the fund into four equal parts and allocating one fourth to all eligible fair associations at the same ratio as their total attendance relates to the total attendance of all eligible fairs; one fourth to all eligible fair associations at the same ratio as their total premiums paid on qualifying categories relates to total qualifying premiums of all eligible fairs; one fourth to all eligible fair associations as the permanent improvements relates to the total spent on permanent improvements by all eligible fairs; and one fourth at the same ratio as the amount spent for operating expenses excluding the above categories relates to the same expenses of all eligible fairs.

No fair may receive more than 10% of the total amount allocated in any one of the four categories unless fewer than ten fairs apply in a particular year. Since the statute does not impose a rule of exact quality but confers discretion upon the Commissioner to make awards in as fair a manner as possible, given competing needs, the list will serve only as a guideline in determining the final awards to each fair association.

New applicants must operate their fair or field day for a minimum of three consecutive days, with a minimum of eight hours operating per day. Any fair or field day that received stipend money during the 1990 calendar year shall be deemed in compliance with this requirement.

Section 5 Notification

Each applicant will be notified on or before March 15, in any year of application whether it has been granted or denied an award from the State Stipend Fund. Any fair association denied or aggrieved by the amount of an award may within ten days from such denial request reconsideration by the Commissioner and shall support a petition for reconsideration with information and arguments indicating why the decision should be reconsidered. The fair association may request a hearing before the Commissioner in conjunction with any such reconsideration. A hearing will be set for a date within 15 days after receipt of the notice and shall be preceded by at least five days' written notice.

History

• Effective Date: July 1, 1991 (Secretary of State Rule Log # 91-31)
• Statutory Authority: 1 V.S.A. § 315 et seq.

Subagency 011 DEVELOPMENT DIVISION

Chapter 002 MAPLE PRODUCTS REGULATIONS

20-002 Code Vt. R. 20-011-002-X MAPLE PRODUCTS REGULATIONS

Section I Definitions

1. As used in these regulations:

a) "Act" means 6 V.S.A. Chapter 32;

b) "Advertisement" means any method used to call attention to a product which is intended to arouse a desire to purchase that product. It shall include, but is not limited to, signs, displays, radio and television broadcasts, newspapers and periodicals, direct mail, and other printed forms;

c) "Bulk maple syrup" means maple syrup packed in containers of more than five gallons;

d) "Secretary" means the Secretary for the Vermont Agency of Agriculture, Food & Markets or his or her designee;

e) "Damage" means any defect that affects the color, appearance, flavor, aroma, edibility or shipping quality of the maple syrup or sugar. Maple syrup which is fermented or which contains any buddy flavor, scorched flavor, or any other distasteful foreign flavor shall be considered damaged;

f) "Dealer" means a person who annually buys, or otherwise acquires from another person, 1,000 gallons of maple syrup or more, but less than 2500 gallons, for the purposes of packaging for resale, or for resale in bulk;

g) "Agency" means the Vermont Agency of Agriculture, Food & Markets;

h) "Doing business," when used in connection with a dealer or processor, means a single act, or a series of actions performed by the dealer or processor within Vermont in the furtherance of that dealer or processor's business;

i) "Grade" or "grades" means the standards for maple syrup promulgated through regulation by the Secretary. Those standards shall be the official grades of maple syrup for the state of Vermont;

j) "Inspector" means any person designated by the Secretary to carry out the Secretary's duties under this chapter;

k) "Light transmission" means the ability of maple syrup to transmit light as determined optically by means of a spectrophotometer;

l) "Maple products" means only maple syrup, maple sugar, maple cream, or any other product in which the sugar content is entirely derived from pure maple sap and to which nothing has been added;

m) "Maple sap" means the unprocessed liquid derived from the maple tree (Acer);

n) "Maple sap hydrometer" means a floating instrument which measures the specific gravity of a liquid and which contains a scale designed to determine the sugar content of maple sap;

o) "Maple sugar" means the solid, crystalline product of maple sap only;

p) "Maple syrup" means pure maple syrup which is the liquid derived by concentration and heat treatment of the sap of the maple tree (Acer). Maple syrup shall not be processed in any manner which adds or removes naturally occurring soluble materials. The limitation does not preclude the use of approved filter aids used for the sole purpose of assisting the removal of suspended material or the use of defoaming agents approved by the Secretary. Maple syrup shall comply with Vermont state grades, density, and flavor requirements;

q) "Maple syrup hydrometer" means a floating instrument which measures the specific gravity of a liquid and which contains a scale designed to determine the density of maple syrup;

r) "Packaged maple syrup" means maple syrup packed in containers of five gallons or less;

s) "Persons" means individuals, groups of individuals, partnerships, limited partnerships, corporations, companies, cooperatives, and associations;

t) "Principal display panel" shall be construed to mean that part of a label that is so designed as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, all requirements pertaining to the "Principal display panel" shall pertain to all such "principal display panels";

u) "Processor" means a person who annually buys, or otherwise acquires from another person, 2,500 gallons of maple syrup or more for purposes of packaging for resale, processing into associated products, or for resale in bulk.

v) "Produced in Vermont" shall mean only that maple syrup or other maple products which are manufactured in their entirety from pure, unprocessed maple sap within the state of Vermont pursuant to standards established by the Act and these regulations;

w) "Public eating place" means any person or establishment engaged in the business of preparing and selling food for the general public's consumption on premises and who is subject to the license requirement of 18 V.S.A. 4351;

x) "Spectrophotometer" means an instrument which measures the % of light transmission through maple syrup determining it's grade, by using matched square optical cells having a 10 mm light path at a wavelength of 560 nm, the color values being expressed in per cent of light transmission as compared to A.R. Glycerol fixed at one hundred per cent transmission. Symbolized by "%Tc".

Section II Licenses

1. A dealer or processor of maple syrup who is doing business in this state, or who wishes to do business in this state, must annually obtain a license to do so from the Secretary; a maple dealer or processor's license may be sought in the following manner:

a. Annually, the dealer or processor shall request an application from the Agency of Agriculture, Food & Markets, 120 State Street, Montpelier, VT 05620-2901;

b. The dealer or processor shall then complete and return the application prior to July 1 of each year;

c. The application shall be fully and accurately filled out, providing all requested information; the dealer or processor shall also provide such additional documentation as the Secretary may from time to time require;

d. The application shall be accompanied by whatever fee is required by law.

2. In addition to other information which the Secretary may from time to time require to be provided by application, the dealer or processor shall provide the following information for the past calendar year:

a. Total amount of Vermont produced maple syrup purchased or otherwise acquired.

b. Total amount of maple syrup not produced in Vermont which was purchased or otherwise acquired;

c. Total amount of bulk maple syrup sold or otherwise disposed of which had the word "Vermont" or the abbreviation "Vt." anywhere on its label other than in the packer's name and address;

d. Total amount of bulk maple syrup sold or otherwise disposed of, which did not have the word "Vermont" or the abbreviation "Vt." anywhere on its label, other than in the packer's name and address;

e. Total amount of packaged maple syrup sold or otherwise disposed of which had the word "Vermont" or the abbreviation "Vt." anywhere on the label or package, other than in the packer's name and address;

f. Total amount of packaged maple syrup sold or otherwise disposed of which did not have the word "Vermont" or the abbreviation "Vt." on the label or anywhere else on the package, other than in the packer's name and address;

g. Total amount of maple syrup used in making other maple products which were sold or otherwise disposed of and which had the word "Vermont" or the abbreviation "Vt." anywhere on the label or package, other than in the packer's name and address;

h. Total amount of maple syrup used in making other maple products which were sold, or otherwise disposed of, and which did not have the word "Vermont" or the abbreviation "Vt." anywhere on the label or package, other than in the packer's name and address;

i. Total amount of maple syrup used in maple-flavored products.

j. Total amount of Vermont produced maple syrup in inventory at the end of the year;

k. Total amount of maple syrup not produced in Vermont in inventory at the end of the year.

3. A dealer or processor shall maintain all records necessary to prove the statistical information required by the Act and by these regulations for a period of at least three years. Those records shall include the names and addresses of all persons from whom maple syrup was purchased and the amount of maple syrup purchased. The dealer or processor shall also maintain samples of each and every label and container used in connection with the sale of packaged maple syrup and maple products; he shall maintain samples of each and every label used in connection with bulk maple syrup sales. All such records shall be made available to the Secretary upon request. Failure to maintain adequate records as required by the Act and by these regulations shall constitute sufficient cause for the Secretary to suspend, revoke or refuse to grant that dealer or processor a license.

4. The Secretary may, at his discretion, exempt a dealer or processor from the foregoing record keeping requirements where he finds that the dealer or processor has not, and will not, label his maple syrup or maple products in any way which states or implies that the maple syrup or maple products were produced in Vermont. In order to apply for such an exemption, a dealer or processor shall annually request that status at the time he re-applies for the dealer or processor's license. He shall provide the Secretary with copies of all labels and containers used during the preceding year and with copies of any changes intended to be made to those labels or containers. Upon review, if the Secretary determines that the labels and containers do not state or imply that the maple products were produced in Vermont, he may grant that dealer or processor a one-year exemption from the record keeping requirements.

5. The Secretary may suspend, revoke or decline to grant a dealer or processor's license for cause, or for failure of the applicant to provide all information which the Secretary may reasonably request. Cause sufficient to justify suspension, revocation or refusal to grant a dealer or processor's license may be found where:

a. a dealer or processor has violated any provision contained in the Act;

b. a dealer or processor has violated any provision of these regulations;

c. a dealer or processor has failed to keep adequate records demonstrating where maple syrup was produced and how it was labeled when it was sold, as required by Section II. 3, unless that dealer or processor has obtained an exemption from record keeping as provided for in Section II. 4;

d. a dealer or processor has failed to fully and accurately answer all questions required on the annual application form to obtain a dealer or processor's license, or has failed to provide other information reasonably requested by the Secretary;

e. a dealer or processor has committed any other action, which in the opinion of the Secretary, gives sufficient cause to warrant suspension, revocation or refusal to grant that dealer or processor's license.

Section III State of Vermont Grades and Standards for Maple Syrup

1. The following grades are hereby established as the official grade A maple syrup grade standards for the state of Vermont:

a. "Golden Color / Delicate Taste" means pure maple syrup which is free of any material other than pure, clear, clean liquid maple syrup in sanitary condition; which has a color no darker than the United States Department of Agriculture's visual color standard Golden Color, or has a color for light transmittance not less than 75.0%Tc; which has a delicately sweet, original maple flavor characteristic; and which has a density ranging from the equivalent of 36 degrees Baume (66.9 degrees Brix) to 37 degrees Baume (68.9 degrees Brix) at 60 degrees Fahrenheit Modulus 145. Golden Color / Delicate Taste maple syrup shall be free of sugar crystals and shall not be damaged in any way;

b. "Amber Color / Rich Taste" means pure maple syrup which is free of any material other than pure, clear, clean liquid maple syrup in sanitary condition; which has a color no darker than the U.S. Department of Agriculture visual standard, Amber Color, or has a color for light transmittance between the range of 74.9%Tc to 50%Tc; it may have a flavor which is more pronounced than that of Golden Color / Delicate Taste, but which is not strong or unpleasant. Amber Color / Rich Taste maple syrup shall be free of sugar crystals and shall not be damaged in any way;

c. "Dark Color / Robust Taste" means pure maple syrup which is free of any material other than pure, clear, clean liquid maple syrup in sanitary condition; which has a color no darker than the United States Department of Agriculture visual standard Dark Color, or has a color for light transmittance between the range of 49.9% Tc to 25% Tc; it may have a flavor which is stronger than that of Amber Color / Rich Taste, but which is not sharp, bitter, buddy or off-flavor r. Dark Color / Robust Taste shall be free of sugar crystals and shall not be damaged in any way;

d. "Very Dark Color / Strong Taste" means pure maple syrup which is free of any material other than pure, clean, clear liquid maple syrup in sanitary condition; which has a color for light transmittance less than 25% Tc. (The United States Department of Agriculture does not have an approved visual glass comparetor which compares to the light transmittance of this grade. Very Dark Color / Strong Taste may have a flavor stronger than Dark Color / Robust Taste, but shall not be damaged in any way and shall be free of sugar crystals;

"Processing Grade" means pure maple syrup with objectionable odors or flavors and cannot be graded as grade A. Processing Grade shall not be placed in packaged maple syrup containers and may not be sold, offered for sale, or exposed for sale as packaged maple syrup.

3. Grade A maple syrup must include a batch code on all retail containers.

4. Exceptions: A transition period for using existing grade labeling will extend until January 1, 2015. In addition, producers producing and selling their syrup within the state of Vermont may use the existing grade terminology in addition to the new grades until January 1, 2017. After January 1, 2017, only the appropriate grade designations set forth in these regulations shall be used.

5. All maple syrup containers shall have the accurate grade clearly and conspicuously marked upon their principal display panel or other portion of the container most likely to be seen when the container is in its normal display position. Such markings must be in accordance with the requirements of the Act, these regulations, and other applicable state and federal labeling requirements. Only one grade designation may be used on any container. The maple syrup within the container must comply with the minimum standards set by these regulations for that grade. It shall be unlawful for any person to label maple syrup with an inaccurate grade.

6. All words and letters of the grade designation used shall be of equal size and prominence.

7. The word "Vermont" (or the abbreviation "Vt.") shall appear in conjunction with the grade on any maple syrup container when the maple syrup therein is 100 percent pure maple syrup which is entirely produced within the State of Vermont. The use of marketing descriptors, such as Vermont Fancy, and other descriptors is allowed. In addition, where the maple syrup within the container was not produced in Vermont the name of the place of origin (that is the state, province, or country) may also be used in conjunction with grade designations.

8. Density Requirements:

a. All grades of packaged maple syrup shall have a minimum density matching its temperature, as indicated on the following chart, which is equivalent to 36 degrees Baume Modulus 145 or 66.9 degrees Brix at 60 degrees Fahrenheit on instruments calibrated at 60 degrees Fahrenheit or other equivalent measurement of density, as determined by the Secretary of Agriculture.

| VT Minimum Density Hydrometer Degrees Baume, Modulus 145 | Vt. Minimum Density Degrees Brix | Temperature at 500 feet elev.* | | --- | --- | --- | | Approx. 32.0 $(degrees$) | Approx. 59.0 $(degrees$) | at 211 $(degrees$) F.* | | Approx. 32.8 $(degrees$) | Approx. 60.6 $(degrees$) | at 188 $(degrees$) F | | Approx. 35.0 $(degrees$) | Approx. 64.9 $(degrees$) | at 100 $(degrees$) F | | Approx. 35.25 $(degrees$) | Approx. 65.4 $(degrees$) | at 90 $(degrees$) F | | Approx. 35.5 $(degrees$) | Approx. 65.9 $(degrees$) | at 80 $(degrees$) F | | Approx. 35.75 $(degrees$) | Approx. 66.4 $(degrees$) | at 70 $(degrees$) F | | Approx. 36.0 $(degrees$) | Approx. 66.9 $(degrees$) | at 60 $(degrees$) F | | Approx. 36.25 $(degrees$) | Approx. 67.4 $(degrees$) | at 50 $(degrees$) F |

b. Packaged maple syrup shall have the equivalent of a maximum density of not more than 37 degrees Baume or 68.9 degrees Brix at 60 degrees Fahrenheit.

c. When the proper density for a special temperature reading is needed, the C. H. Jones rule shall be used, i.e. .0265 degrees Baume change in density per each degree change in temperature, or one whole degree change in density per 38 degrees Fahrenheit, or approximately one-fourth of one degree Baume hydrometer change per 10 degrees Fahrenheit change of temperature.

d. It shall be unlawful to place maple syrup in package sized containers if it does not comply with the density standards of these regulations. Furthermore, it shall be unlawful to sell, exchange, offer for sale, or expose for sale packaged maple syrup which does not meet the density requirements of the regulations.

e. The density of bulk maple syrup may range from the equivalent of 35.5 degrees Baume (65.9 degrees Brix) to 37 degrees Baume (68.9 degrees Brix) when the syrup temperature is 60 degrees Fahrenheit. When the density of bulk maple syrup does not fall within this range the container shall be conspicuously marked "Notice - The syrup contained herein fails to meet state density standards. The density is ____ degrees Baume at 60 degrees Fahrenheit." The accurate density for the syrup within the bulk container shall be stated.

f. Bulk maple syrup sold directly to consumers, restaurants or any other market where the syrup is not further processed before purchase by the consumer shall meet the same density standards as packaged maple syrup.

Section IV Hydrometers

1. Maple Syrup Hydrometers

a. It shall be unlawful to sell or offer for sale a maple syrup hydrometer unless it has been tested and approved by the Secretary.

b. All maple syrup hydrometers which are approved by the Secretary shall have the temperature at which the instrument has been calibrated stamped or printed on the scale chart within the hydrometer stem.

c. All maple syrup hydrometers shall be tested by floating in a liquid and compared to a master hydrometer which has been approved by the National Bureau of Standards. No maple syrup hydrometer shall be approved by the Secretary which floats more than 1/10 degree above or more than 2/10 degree below the correct floating level at the surface of the liquid, No Brix syrup hydrometer shall be approved which floats more than 2/10 degree above or 4/10 degree below the correct floating level at the surface of the liquid.

d. All Baume hydrometers approved by the Secretary shall be calibrated in units of 1/2 degree or less; Brix hydrometers shall be calibrated in units of one degree or less.

e. Calibration marks must be spaced along the hydrometer stem so that each Baume degree will have .26 inch or more of linear space. Each degree of Brix shall have .13 inches or more of linear space.

2. Maple Sap Hydrometers

a. All maple sap hydrometers which are approved by the Secretary shall have the temperature at which the instrument was calibrated stamped or printed on the scale chart within the hydrometer stem;

b. All maple sap hydrometers shall be calibrated in units of 1/10 degree Brix or less;

c. All maple sap hydrometers approved by the Secretary shall be tested by floating in liquid and comparing with a master hydrometer which has been approved by the National Bureau of Standards. All maple sap hydrometers approved must meet accuracy standards determined by the Secretary to be reasonable for measuring the sugar content of sap.

Section V Labeling

1. No person shall label any maple syrup, maple product, maple flavored product, or artificial maple flavored product in any manner which is untruthful, unfair, or deceptive.

a. All labels shall comply with other applicable federal and state statutes and regulations relating to labeling and consumer fraud, such as CP 120.

b. No maple syrup may be labeled as being a Vermont product, or labeled in any manner which would imply that the maple syrup was produced in Vermont, unless the maple syrup is 100 percent pure maple syrup which was entirely produced within the state of Vermont in compliance with the terms of the Act and these regulations. When the packer's name or, a maple syrup trade mark, contains the word "Vermont", the name or trade mark, may be used on the principal display panel of maple syrup produced outside Vermont if the principal display panel also clearly and conspicuously includes the state of origin of the maple syrup or the country of origin if the country of origin is other than the United States of America.

c. No maple product may be labeled as being a Vermont product, or labeled in any manner which would imply that the maple product was produced in Vermont, unless the maple product is a 100 percent pure maple product which was entirely produced within the state of Vermont in compliance with the terms of the Act and these regulations. When the packer's name or, a maple product trade mark, contains the word "Vermont", the name or trade mark, may be used on the principal display panel of the maple product produced outside Vermont if the principal display panel also clearly and conspicuously includes the state of origin of the maple product or the country of origin if the country of origin is other than the United States of America.

d. All maple flavored products shall be clearly labeled on their principal display panel or panels in a manner which will alert the purchaser to the fact that the product is not a 100 percent pure maple product, in accordance with the Act and other applicable statutes and regulations, such as CP 120.

e. Artificial maple flavored products shall be clearly and conspicuously labeled on their principal display panel or panels with the term "artificial flavor" shall be of a size equal to, or larger than, other words used to describe the product. It is unlawful to use the terms "maple syrup" or "maple sugar," however modified, to describe an artificially flavored product. Any restaurant menu listing such a product, or any advertising of such a product shall clearly state that the product is artificially flavored.

2. The labeling requirements of Paragraph 490 (a) of Title 6 V.S.A. Chapter 32. shall not apply to bulk maple syrup containers used solely for transportation or storage of maple syrup prior to being processed or packaged for consumer sales or prior to being manufactured into another maple product. However, all maple syrup in bulk containers sold directly to consumers, restaurants or any other markets where the syrup is not further processed before purchase by the consumer shall be labeled with the same information required on packaged maple syrup.

3. It is recommended that persons wishing to determine whether their maple products labels comply with the terms of the Act and these regulations submit a copy of such labels to the Agency prior to their printing and use. If the label complies with the terms of the Act and these regulations, the Agency will certify its compliance with the provisions of the Act.

4. Persons with existing supplies of labels, or preprinted containers, which do not comply with these regulations, may apply to the Secretary for a temporary exemption from these regulations as to those labels, or containers. The Secretary shall have the discretion to permit such persons to use up existing supplies of labels or preprinted containers, where he determines that those labels, or printed containers, will not be misleading to the consumer and where he determines that such an exemption is in the public's interest, any such exemption shall be for a specified period of time only; thereafter, persons who obtained such an exemption shall use only labels, or printed containers which comply with these regulations.

Section VI Containers

1. All packaged maple syrup containers shall have tamper proof seals which have been approved by the Secretary placed over the container openings except:

a. Where the Secretary has deemed that it is impractical to use tamper proof seals on a particular container, or

b. Where the package has been opened for inspection by the Secretary or his inspectors.

All maple syrup containers shall be clean, sanitary and free from rust and shall not contain or be constructed of any substance which could tend to damage the color or flavor of the maple syrup.

3. The cap or other closing mechanism of any maple syrup package must be so tightened as to render the contents air tight.

4. Packaged maple syrup packed in or found to be in bulged, rusty, unsealed, unsanitary, seriously damaged containers, or containers which are not permanently airtight shall be unlawful and will be subject to embargo, or other remedies provided for by the law.

5. Maple syrup containers determined by the Secretary to cause damage to maple syrup shall be removed from sale. The use of such containers for packaging maple syrup is prohibited.

All bulk maple syrup containers shall be steam cleaned or sterilized with hot water prior to being filled with maple syrup. Such containers shall be free of water at the time they are filled with maple syrup.

Section VII Advertising

No person shall advertise any maple syrup, maple product, maple flavored product, or artificial maple flavored product in any manner which is untruthful, unfair, or deceptive.

Section VIII Repealer

All Vermont Agency of Agriculture, Food & Markets regulations dealing with maple syrup and maple products which existed prior to the effective date of these regulations are hereby repealed. 6 V.S.A. Chapter 32

History

• STATUTORY AUTHORITY: 6 V.S.A. Ch. 32
• EFFECTIVE DATE: January 22, 1990
• AMENDED: December 9, 2005 Secretary of State Rule Log #05-048; January 1, 2014 Secretary of State Rule Log #13-039

Subagency 010 ADMINISTRATIVE DIVISION

Chapter 003 ACCESS TO PUBLIC RECORDS

20-003 Code Vt. R. 20-010-003-X ACCESS TO PUBLIC RECORDS

PREAMBLE

It is the policy of the Department of Agriculture to provide for the examination of records consistent with Chapter I, Article 6 of the Vermont Constitution and 1 V.S.A. § 315 et seq. Officers of government are trustees and servants of the people and it is in the public interest to enable any person to review and comment upon their decisions. The department recognizes its duty to aid persons seeking access to public information held by the department.

The department also has a duty to preserve the security of public records and documents and to minimize damage which could result from mishandling. It is also the duty of the department to minimize the potential for disruption which requests for information have on the work of public employees, and to collect a reasonable fee from persons requesting information to cover costs incurred in searching and copying documents and records. In order to fulfill its responsibilities to the public the department adopts the following procedures for responding to requests for information, in accordance with and under the authority delegated by 1 V.S.A. § 315 et seq.

1. DEFINITIONS

For the purposes of these procedures:

a. "Commissioner" means the Commissioner of Agriculture, or his duly authorized representative.

b. "Department" means the Department of Agriculture.

c. "Division" means one of the groups into which the department is divided. These divisions are: plant industry; weights and measures and retail inspection; agricultural development; dairy; administration; livestock meat inspection; livestock animal health; and laboratories.

d. "Public records" or "public documents" means all papers, staff reports, individual salaries, salary schedules, or any other written or recorded matters produced or acquired in the course of agency business except the exceptions stated in 1 V.S.A. § 317(b), annexed to these procedures in attachment A.

e. "Requests for public records" means requests to examine or copy public documents by any person. This definition does not include requests for agricultural services and information which the department provides to the public in its normal course of business, and such request are exempt for, these procedures.

PROCEDURES

2. The Commissioner shall designate a person from each division to act as the custodian of public records for that division.

3. All requests for information must be made to the custodian using department form RPR-1, annexed to these procedures as attachment B.

4. Upon receiving a request to inspect or reproduce documents the custodian shall promptly produce the record for inspection, except that:

a. If the record is in active use or in storage and is therefore unavailable at the time of the request, the custodian shall certify this fact in writing to the applicant and set a date and hour within five (5) working days of the request when the record will be available for examination.

b. Under unusual circumstances the five day period may be extended by a period of not more than ten working days. "Unusual circumstances" means "to the extent reasonably necessary for the proper processing of the particular request". When usual circumstances require an extension of the waiting period before inspection the custodian shall provide written notice of this fact to the applicant, setting forth the reasons for the extension and the date by which the records or documents are expected to be made available.

UNUSUAL CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO

(1) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

(2) the need to search for, collect, and appropriately examine a voluminous amount of separate records which are demanded in a single request; and

(3) the need for consultation with another agency having a substantial interest in the determination of the request or among two or more components the department having substantial subject matter interest therein, or with the attorney general.

c. If the custodian is absent and unable to rule on whether or not a document is a public document subject to public access, then:

(1) the Commissioner shall designate an interim custodian whenever the absence will be for a period grater than one week, such as vacation leave or a serious illness. The interim custodian shall have the full powers of the custodian.

(2) the custodian shall designate a member of his division staff to serve as temporary custodian during periods of absence less than one week. The temporary custodian shall have the power to approve inspection of all public documents.

(A) If the temporary custodian is uncertain of the status of a document for the purpose of public access, the decision regarding public inspection must be deferred until advised in writing of the delay.

(B) Upon return to the office the custodian shall promptly notify the applicant of the status of the document for public access purposes, and shall set up an appointment for inspection, when applicable.

d. A custodian who considers a document to be exempt from inspection under the provisions of 1 V.S.A. § 317(b) shall so certify this fact in writing to the applicant, stating the reasons for denial of access to the document. Any denial of a request shall set forth the names and titles of each person responsible for the denial. Written notice shall be mailed to the application within two (2) working days following such a determination, and shall include notice of the right to appeal to the Commissioner any adverse determination.

1. Appeals to the commissioner shall be made on department form RPR-2, annexed to these regulations as attachment C. Applicants who are denied access to documents in the possession of the department shall be provided with form RPR-2 for the purpose of their appeal.

e. The commissioner shall make a determination with respect to any appeal within five (5) working days after receipt of the appeal. If the commissioner upholds the denial of the request, in whole or in part, the department shall notify the person requesting information of the provisions for judicial review of that determination under 1 V.S.A. § 319.

f. If a record does not exist or cannot be identified from the description provided by the applicant, the custodian shall certify in writing that the record does not exist under the name given by the applicant or by any other name known to the custodian.

5. CLERICAL PROCEDURES

a. All requests for access to public records shall be kept on file by the custodian and copies of all correspondence between applicants and the custodian or commissioner shall be filed by the custodian.

6. TIME AND PLACE OF INSPECTION OF DOCUMENTS

a. Inspection of records and documents shall take place at the offices of the department unless another site is specified by the custodian.

(1) The hours for inspection shall be between nine o'clock and twelve o'clock in the forenoon and one o'clock and four o'clock in the afternoon.

7. FEE SCHEDULE OF COPIES, RECORDINGS

Before any materials are made available for inspection or reproduction the applicant must reimburse the department for the costs which will be incurred in providing the material.

a. Photocopies: Any reproduction of records or documents by the department shall be provided by photocopy.

(1) Copies must be made on department equipment by department personnel.

(2) Department personnel may not make handwritten or typed copies for the applicant. The applicant may copy the record by hand if desired.

(3) Documents and records shall not be removed from the custody of the department.

(4) A charge of eight cents ( $ .08) per copy shall be assessed againist an applicant to cover costs of copying. The costs must be paid before copies are reproduced.

b. Recordings

(1) The procedures required of department personnel in section 7a (1-3) are applicable to sound recordings.

(2) Public records preserved on a tape recording will be made avail-able for the applicant to listen to.

(3) Copies of the tape will be furnished on request. The copy will be made on a cassette tape by department personnel.

(4) A fee of $ 2.00 for each sixty minute cassette provided by the department will be charged. Applicants may supply their own blank cassette tape if they wish.

History

• Adopted Date: September 22, 1979

Subagency 021 DAIRY DIVISION

Chapter 004 WEIGHING, SAMPLING AND TESTING MILK AND CREAM

20-004 Code Vt. R. 20-021-004-X WEIGHING, SAMPLING AND TESTING MILK AND CREAM

APPROVED TESTS FOR BUTTERFAT IN MILK AND CREAM

The Babcock and Milko-Tester methods of testing for butterfat in milk and the Babcock method of testing cream are approved tests by the Commissioner of Agriculture to determine the quality of milk and cream with reference to payment for it when received or purchased.

The following revised regulations concerning the taking of samples of milk and cream for making the butterfat test, the making of the test, and the computing of results thereof, have been promulgated in accordance with the provisions of V.S.A., Title 3, Chapter 25.

All operators of licensed dairy plants that receive or purchase milk or cream on the basis of its quality as determined by the butterfat test and all licensed and certified operators of the butterfat test are hereby required to comply with the Vermont Statutes and with the following regulations:

Section 1 General Requirements

A. No person shall test milk or cream for butterfat in Vermont unless he has secured a certificate from the Commissioner of Agriculture certifying that he is competent to perform such tests, as required by Section 2724 Vermont Statutes.

B. Applicants for a certificate to test milk and cream for butterfat must apply on a blank furnished by the Commissioner of Agriculture and arrangements will be made for an examination.

C. In order for an applicant to qualify for a certificate to operate butterfat tests, he must first demonstrate his ability to test samples of milk or cream and also his knowledge of the fundamentals of the test by answering in writing ten questions furnished by the examiner. The ten questions will be chosen from the list published.

D. Each certified operator shall sign in ink his certificate and post it in some conspicuous place where he works.

E. An assistant or second operator shall be certified to operate the butterfat tests in each laboratory in case the regular operator is absent.

Section 2 Composite Sampling

A. It shall be the responsiblility of the licensed sampler to take a representative sample from each delivery of milk. Such representative samples may be combined into composite samples for each respective producer covering a period not to exceed sixteen days. In taking samples from each delivery of milk to be combined into the composite samples, the amount taken from each delivery of each patron should be in proportion to the amount of milk making up such delivery. In common practice, however, the weights of milk delivered from day to day by any given producer are reasonably uniform so that a daily portion of at least 10 ml., and not more than 12 ml., is added to the composite sample from each delivery.

B. If composite samples are maintained, two sets of sample bottles must be provided to make it possible to take samples of milk on the days that butterfat tests are made and also to permit holding the composite samples not less than twelve days after the close of the period as required in these regulations.

C. Composite samples of milk, the butterfat tests of which are used as a basis of payment for product delivered, must be taken of each pickup or delivery for the entire period that such payment represents. Such composite samples must not include samples of milk taken during another period of payment.

Universal Fresh Samples

A. After receiving permission from the Commissioner, a handler may elect to pay producers for milk by computing the average butterfat test of not less than three universal fresh milk samples taken in accordance with (B) below.

B. A representative sample shall be taken of each collection of milk and delivered to the plant receiving such milk or to other collection points suitable to the Commissioner. Not less than three of the samples (or six in the case of every-day delivery) representing at least twelve complete milkings may be tested for butterfat content within three days of the date of sampling. One third of the samples tested for butterfat content shall be selected from each ten day period of the month. If more than three samples are tested per month all tests shall be used in computing the average test for the month.

C. The remaining portion of the fresh milk samples tested for payment purposes shall be preserved intact for at least one day under refrigeration following original testing. The Commissioner may exempt licensees from this requirement on the basis of established adequate internal control. Such exemption continues in effect unless revoked at the discretion of the Commissioner.

Section 3 Approved Equipment for Sampling Milk

A. Composite Sampling by the Dipper Method

1. Sample dipper holding not less than 10 nor more than 12 ml.

2. Glass sample bottles with tight stoppers to prevent evaporation. All sample bottles shall be clean and dry at the beginning of the sampling period. The 8 oz. sample bottles with rubber stoppers attached are recommended. Each bottle must be numbered plainly. Numbers may be metal tags wired to the necks of the bottles or painted on the sides of the bottles. Marking the numbers on the stoppers is permitted and recommended if the stoppers are attached to the bottles. Composite sample bottles shall be numbered consecutively and the numbers shall correspond to the numbers assigned to producers. No bottle shall bear two different numbers.

B. Universal Fresh Sampling

1. Sample dipper, holding not less than 10 ml. or other sampling device approved by the Commissioner.

2. Sterile bottles or other sterile leak-proof containers of adequate capacity to provide for mixing the contents.

3. Daily samples shall consist of sufficient quantity so that 22 ml., remains after the butterfat test has been performed.

4. Samples shall be taken aseptically and maintained at a temperature above freezing and less than 40 [degrees] F. until analyzed.

5. Sample containers shall be identified with the producer's number in a manner approved by the Commissioner.

Section 4 Care and Holding Of Samples

A. Sample bottles shall be clean and dry when placed in use. All stoppers shall fit tightly to prevent evaporation from the sample or adulteration.

B. Samples shall be at all times, except while being tested for butterfat, be maintained at a temperature above freezing and below 40 [degrees] F.

C. A colored preservative tablet, containing not less than 10 grains of bichloride of mercury or a preservative tablet containing not less than 1.5 grains of potassium dichromate or other approved preservative shall be used to preserve half pint composite samples of milk during the usual sampling and holding period in order to keep the samples in good condition for a test at the end of a sixteen-day sampling period and for a retest not more than twelve days later. Preserved composite samples of milk or cream or open equipment used for milk or cream.

D. After the addition of the first sample the composite sample bottles shall be closed tightly to keep out moisture and to prevent evaporation from the sample.

E. After each daily portion is added to the composite sample bottle, the contents of the bottles shall be rotated gently to mix the newly added portion of milk or cream completely with the preservative. Special care at this point will make the results more accurate and dependable. Do not shake the contents vigorously to cause churning nor against the stopper where the cream would harden and make proper preparation of the sample for testing more difficult. Care must be taken to add the daily portion to the correct composite sample bottle.

F. Composite sample bottles of milk and cream must be kept in a vertical position is the sample cabinet during the sampling and holding periods in order to prevent spillage and to avoid drying of the contents on the insides of the bottles which makes it more difficult to obtain a uniform moisture for an accurate butterfat test.

G. Preserved composite samples are poisonous and shall be locked except when licesed operator is in attendance. The bottle of (preservative) tablets shall be kept corked tightly to prevent spoilage, also shall be kept in a locked cabinet to prevent misuse.

H. Daily samples of milk taken on collection routes for addition to composite samples shall be taken into clean dry bottles that are numbered properly and shall be combined into the composite samples immediately on the return of the pickup truck to the plant.

I. Permission shall be obtained from the Commissioner of Agriculture or his agent to transfer samples for test to a central laboratory. When transferred, the entire sample and not a split sample must be transferred and due care taken to prevent churning and to maintain the temperature specified in (B) above.

J. Composite samples must be tested within three days after the close of the usual sampling period.

K. Composite samples must not be tested or handled by anyone except licensed plant personnel, state inspectors or other persons to whom specific permission has been granted by the Commissioner of Agriculture or his agent.

L. Composite samples of milk properly preserved, refrigerated above freezing and below 55 [degrees] F., and numbered for identification must be kept in good condition for retesting in all dairy plants for a period of at least twelve days after the close of the sampling period in order to allow patrons the privilege of having retests made and to allow creamery inspectors to verify the testing done by licensed operator.

M. All tests of milk made for comparative or verification purposes, or tests used to compare with those made by licensed operators, must be made by licensed operators in accordance with these regulations.

N. After composite samples have been held the required twelve days after testing and then emptied, the sample bottles shall be washed thoroughly and then dried before being used again. To prevent mold in the composite samples or on the stoppers, soak them about twelve hours in a ten percent solution of formaldehyde.

Section 5 Approved Methods of Testing Milk

Babcock Method

A. Apparatus and Materials Required

1. Standard Babcock milk test bottles, 8% 6 inch, having a capacity of 45 ml. up to the base of the neck, with graduations from 0 to 8.0% into whole percent, 0.5% and 0.1% respectively.

Pipette graduated to contain 17.6 ml. to the bottom of the meniscus.

3. C entrifuge, or tester, shall stand on a solid foundation to prevent vibration, shall preferably have a built-in speed indicator or be so constructed that the speed of the centrifuge may be ascertained without disassembling any part of the machine. D uring use the centrifuge must be heated to at least 135 [degrees] F. and not over 140 [degrees] F., which temperature shall be controlled thermostatically.

4. Acid burette or measure graduated to deliver 17.5 ml.

5. The use of a mechanical shaker is recommended where an appreciable number of samples are tested as it is a time saver and often is more accurate than hand shaking.

6. Thermometer.

7. Speed indicator preferably built in as in (3) above.

8. Dividers.

9. Tempering bath equipped with thermostat set to control temperature at a range of 135 [degrees] to 140 [degrees] F. and racks to hold the test bottles upright.

10. Sulphuric acid having a specific gravity of 1.82 to 1.83 at 68 [degrees] F. Sulphuric acid containers shall be kept corked tightly to prevent weakening of the acid.

11. Acid hydrometer for use at 68 [degrees] F.

Distilled water or rain water shall be provided to add to tests if mineral deposits in the water interfere with reading the tests.

B. Preparing Universal Fresh Samples for Testing

1. Samples shall be in good condition and tested within 3 days of the day taken. They shall be warmed to about 100 [degrees] F. and mixed thoroughly by pouring from one vessel to another at least four times.

C. Preparing Composite Samples for Testing

1. Loosen the stoppers of the composite sample bottles and place the bottles in warm water up to the necks to soften the butterfat and to facilitate complete mixing of the sample. To prevent over heating and oiling off of samples, the water bath should have an ample volume of water that is maintained at about 95 [degrees] F. by a thermostat set at that temperature. Dislodge any milk solids from the inside of the bottle with a spatula so a complete mixture of the contents of the bottle may be obtained.

2. Shake the bottles gently by a rotary motion several times during the course of preparation to mix in the softened cream layer and also to prevent the samples from "oiling off" in warm water. Never shake the samples vigorously as it is apt to churn the butterfat and thus make it more difficult to perform an accurate test.

3. Continue the preparation, as above, until the sample is uniform throughout. Mix the sample thoroughly by pouring from one bottle to another at least four times before pipetting the test charge.

D. Making the Test

1. Draw 17.6 ml. of milk, prepared as above, into the pipette with the bottom of the meniscus on the graduated line. Transfer this test charge at a temperature of about 95 [degrees] F. into the Babcock milk test bottle. The use of two pipettes is recommended to increase the speed of testing when large numbers of samples are tested. Blow out the last drop of milk that drains from each pipette into the test bottles or accomplish the same result by dripping the pipette against a grooved rubber air vent on the pipette stem.

2. Add 17.5 ml. of sulphuric acid slowly to the test bottle. In adding the acid, rinse down the milk adhering to the inside of the neck of the test bottle The acid and the milk should be tempered to 65 [degrees] to 70 [degrees] F. when the acid is added.

3. Mix the milk and acid together by a slow rotary motion until all of the solids-not-fat have been destroyed. The use of a mechanical shaker is recommended when large numbers of tests are made. Allow the bottles to stand several minutes to get complete action of the acid before placing them in the centrifuge.

4. Place the bottles in the centrifuge and balance the machine by distributing bottles opposite each other. The temperature in the centrifuge must be controlled by thermostat at a range of not less than 135 [degrees] F. and not more than 140 [degrees] F. While at the proper speed for five minutes. The proper speed to operate the centrifuge will vary according to the diameter between the bases of opposite test bottle cups when they are in a horizontal whirling position. The following table gives the number of revolutions per minute at which machines of different diameters must be operated.

| Diameter of Machine(Inches) | Number of Revolutions (Per Minute) | | --- | --- | | 10 | 1074 | | 12 | 980 | | 14 | 909 | | 16 | 848 | | 18 | 800 | | 20 | 759 | | 22 | 724 | | 24 | 693 |

5. Fill the test bottles up to the bases of the necks with hot water at a temperature of 140 [degrees] F. Avoid the use of hard water as it may cause foam in the test bottles. If necessary to use it, add a small amount of sulphuric acid to the water before use.

6. Mix the contents of bottles after the addition of water and whirl in centrifuge for two minutes.

7. Fill the test bottles to about an inch from the top with hot water at 140 [degrees] to 145 [degrees] F. and whirl for one minute. If the fat on the surface of the test bottle is not clear amber color, it is advisable to mix the contents of the bottle by a slow rotary motion before filling the test bottle to about an inch from the top with hot water at 140 [degrees] to 145 [degrees] F.

8. Remove the tests from the centrifuge and temper them in a bath of hot water for five minutes. The water in the bath must be maintained at 135 [degrees] to 140 [degrees] F. by thermostatic control, and extend to the full height of the butterfat column in the test bottles. The temperature of the water must be maintained as above until all tests have been read.

9. When reading butterfat tests, the record of the previous tests must not be available for comparison by the certified test operator until after all tests have been completed.

Measure the length of the butterfat column of the whole milk test (Fig.1.) with calipers from the upper point of the meniscus at the top of the column (A) to the bottom of the column at its lowest point (B).

To read the percentage of butterfat be sure to maintain the above caliper measurement (A to B), then transfer the lower point of the calipers to the zero graduation (Fig.2.) and read the percentage of butterfat at the top of the calipers.

The use of calipers, or some approved reading device, is required because it reduces the chances of errors and facilitates the work. In reading the tests do not remove a second bottle from the tempering bath until the first has been read and recorded.

Replace the test bottles in the hot water bath so that the water level is maintained to the full height of the butterfat columns until all tests have been read.

11. As soon as all of the butterfat tests for the period have been completed and the results recorded, compare these tests with the previous period.

12. When a composite milk sample varies in butterfat test three-tenths of one percent or more from the composite test of the same producer from the previous period, a retest shall be made to check the accuracy of the first test and the results of both tests recorded. Variations in butterfat test of three-tenths of one percent or more from the previous period shall be reported at once to producers whose tests vary.

Retest must be made if the finished test contains charred or foreign substances, curdy particles, or is not perfect test.A perfect test for butterfat appears as follows:

(a) Bright yellow straw color fat column.

(b) Extremities of fat column sharply defined.

(c) Fat column free from foreign substances as curd or char.

(d) Liquid beneath fat column clear.

(e) Fat column within graduated scale on test bottle.

Milk-O-Tester Method

A. Reference Methods

1. The Babcock and/or Gerber methods or other means approved by the Commissioner for determining the fat content of milk shall be used as the reference method to maintain the calibration of the Milk-O-Tester instrument as described in these regulations.

Written notification of the reference method to be used shall be sent to the Commissioner prior to the installation and first use of a Milk-O-Tester. A subsequent change in the reference method used shall be made only with the specific approval of the Commissioner.

B. Laboratory Facilities and Reagents

1. The following supplies and facilities shall be available and instruments shall be in good working order:

(I) Complete set of approved equipment and reagents for testing control milks by the reference method to be used.

(II) A turbidemetric instrument with automatic diluent dispenser intended for testing milk for fat content, accessories, and instruction manual appropriate for the machine in use.

(1) Any automatic diluent dispensing devise added to a manual instrument shall be done in a manner so as to be activated by either manual means or by changing the position of the collection funnel (7) and so that the tubing connecting the dispenser to the separation check value (17) does not change dimensions during operation of the dispenser.

(2) The addition of an automatic dispensing device or any other modification to the instrument shall not change any of the provisions of these regulations, especially those dealing with control and calibration of the instrument.

(III) Thermostatically controlled water bath with recording thermometer, with proper temperature distribution, set to maintain sample temperature at 95 [degrees] to 100 [degrees] F.

(IV) Power supply. Single phase, 115V or 220V, 50 or 60 cycles, within +/- 10% fluctuation, with indicating voltmeter convenient to operator.

(V) Means of measuring pH.

(VI) A strainer of 80

• 100 mesh screen to clarify and mix samples when manual model is in use.

(VII) Supply of distilled or deionized water for flushing and preparation of diluent.

(VIII) Refrigeration at 33 [degrees] - 40 [degrees] F. for milk sample storage.

(IX) A laboratory with adequate lighting facilities, adequate counter surface to accommodate all essential equipment and free from disturbing drafts, dust, noise and vibrations.

(X) Hot and cold water, wash sinks, and cleansing agents to clean equipment.

(XI) Adequate waste and sewage system to dispose of all milk, acid and wash water.

(XII) Preservative. If used, 1 grain potassium dichromate for each 100 ml. of milk or other formulations approved by the Commissioner.

2. The diluent for the manual Milk-O-Tester shall consist of the following reagents:

(I) Manual model with automatic diluent dispenser.

1. 10.0 liters of distilled or deionized water 45.0 grams of sisodium ethylenediaminotetraacetate n1 (EDTA) n1 Dow Chemical Co.7.6 grams of reagent grade sodium hydroxide (NaOH)10.0 milliliters Tween 20 n2 (polyoxyethylene (20) sorbitan monolaurate) n2 Atlas Chemical Ind., Inc.

2. If the diluent is to be assembled from the reagents by the user, the following procedure shall be followed: Wash the EDTA into the container with one liter of the distilled water. Dissolve the NaOH in one liter of distilled water and add. Next add seven liters of distilled water. Finally add the 10.0 milliliters of "Tween 20" and rinse the funnel with the final liter of distilled water. Mix well and let stand several hours for air bubbles to disappear. The pH of the final mixture shall be between 9.5 and 10.1.

3. If the diluent mixture or a concentrated or dried form is purchased from a supplier, the supplier's instructions for making an equivalent solution shall be followed.

(II) For semi-automatic and automatic Milk-O-Testers:

45 grams of disodium ethylenediaminotetracetate n3 (EDTA)

n3 Dow Chemical Co. or J. T. Baker Chem. Co. 7.6 grams of reagent grade sodium hydroxide (NaOH)

1 ml. Triton X-100 n4

n4 Rohm & Haas 5 Dow-Corning Corp.

1 ml. Antifoam A emulsion n5

n5 Dow-Corning Corp.

Sufficient distilled or deionized water to dilute above reagents to 10 liters. The general procedures of this section, B.2.(a)(ii) shall be followed.

(III) Or other approved equivalent for subparagraphs (I) and (II) above listed as may be recognized by the Commissioner.

Routine Inspection and Control Prior to Daily Use

A. Preparation of Control Samples

1. At least four control samples of unstandardized natural milk of sufficient quantity, shall be available to allow for the performance and accuracy checks required by (C) of this section and (D) of the following section, Routine Testing by Milk-O-Tester Method, for a 24 hour period.

(I) At least one control milk shall be a pooled sample of unhomogenized milk from a minimum of three herds and/or. 100 cows testing between 3 and 4% fat and at least one control milk shall test between 5 and 6% milk fat.

(II) Each control sample shall be tempered to 95-100 [degrees] F., an approved preservative added at the required rate if control sample is to be used more than 24 hours after preparation, and mixed thoroughly. Churning shall be avoided. Subdivided each sample into subsamples of adequate size. Keep the control sample thoroughly mixed, but avoid churning during subsampling.

(III) A subsample of each control milk shall be tested in triplicate by the reference method for fat content. Individual determinations shall be read to at least the nearest 0.05% fat. The individual results and the average for each control milk shall be recorded as provided in the Section-Required Forms-DMC Milk Form # 3.

(IV) The remaining control subsamples shall continue to be stored at 33-40 [degrees] F. until used. No subsample more than 10 days old shall be used.

(V) Prior to the expiration date or use of the last subsample of control milk, whichever comes first, preparation of a new set of control samples shall be completed.

Alternatively, standard mixtures approved by the Commissioner may be used in lieu of the control milks. Such mixtures shall be stored, tempered, and tested in the manner prescribed by the Commissioner.

B. Instrument inspection prior to daily use of Milk-O-Tester where applicable (the numbers in parenthesis refer to the diagram presented on page 26).

1. With all electrical power disconnected from the instrument, the meter (14) shall read exactly 9.2.

2. With the power on, the meter shall read zero with diluent only in the cuvette(9).

3. The diluent check value (15) in the diluent system between the syringe and the diluent supply bottle shall be inspected, thus: Remove the tube from the supply bottle, invert and cycle the automatic syringe. If the film of diluent on the screen increases in quantity, the value shall be replaced and the inspection repeated until the value is found satisfactory.

There shall be no air bubble in the diluent syringe (2) or the tubing connecting this syringe to the separation check value (17).

5. Place cooled, freshly boiled distilled or deionized water on the sample intake (3) and press the start button. Collect the discharged water until the collection funnel (7) is approximately one-half full. If the water has a milky appearance, air is being drawn into the system. This leak must be eliminated before proceeding.

6. The separation valve (17) shall be inspected by cycling milk at least three times without collection. If milk leaks back into the diluent line, the valve shall be replaced and the inspection repeated until the valve is found satisfactory.

7. The water bath (18) shall be maintained at 140 [degrees] F. +/- 1 [degrees] F. and at the proper level. The hot water shall circulate freely through the homogenizer heating coil (16).

8. All moving parts and hose connections shall be inspected for leaks and proper operation. The supply of diluent shall be checked for adequacy.

C. Daily Performance Check

1. Accuracy check. each day before routine testing begins, at least one subsample of control milk shall be tested in triplicate. Read the test to 0.01%. Disregard the first reading. If the difference between the average of the second and third reading and the average of the three reference method result is 0.1% fat or less, proceed to C.2. below. If the difference is more that 0.1% test 3 more samples of new control milk. If the average difference of the additional samples exceed 0.1%, discontinue operation of the machine, determine the reason and correct before resuming operation.

Repeatability check. Each day before routine testing begins 10 consecutive readings on a single well mixed bulk sample of milk shall be made and recorded as a permanent record. The standard deviation of the results shall be less than +/- 0.03% fat. This standard deviation, defined below may be assumed to be below the maximum if the range of the ten readings is .07 or less. If the standard deviation is exceeded, discontinue operation of the machine until the cause is determined and corrected. The standard deviation of results shall be calculated by the mathematical equivalent of the following formula:

[See formula in printed version]

Routine Testing By Milk-O-Tester Method

A. Preparation for Testing

1. Samples shall be tempered to 95-100 [degrees] F. in the thermostatically controlled water bath prior to testing.

Samples held over 24 hours shall be prepared in accordance with Section No. 5, C.

3. The well-mixed sample shall be poured through an 80-100 mesh screen immediately prior to testing when using a manual machine.

B. Testing

1. Manual "Milk-O-Tester" with automatic diluent dispenser.

I. The well-mixed sample shall be placed on the milk intake tube (3) and the start button pressed immediately after mixing. Air entrance into the milk intake tube shall be avoided.

II. The operator shall wait at least three seconds after the homogenizer (5) stops before depressing the collection funnel plunger (8) and activating the diluent syringe (2).

III. The operator shall wait for the diluent syringe (2) to return to its rest position under its own power before releasing the collection funnel (8). The operator shall not assist the return of the syringe in any way.

IV. The meter (14) shall be read to the nearest 0.1% fat immediately after the indicating needle stabilizes, or within 20 seconds, and the results recorded.

V. With any sample that is more than 2.0% fat difference from the preceding sample, disregard the first test result and the sample shall be rerun and the rerun result recorded.

VI. If no sample is to be run within five minutes, distilled water or diluent shall be cycled through the homogenizer and cuvette twice to clean. The first reading on the next sample shall be invalid and that sample shall be rerun.

VII. The instrument cover or siutable replacement shall be in place during operation of the machine.

Semi-automatic and automatic models of "Milk-O-Tester."

I. Applicable operational procedures approved by the Commissioner shall be followed, otherwise provisions of Bl of this section shall apply.

3. All samples shall be held unless exempted by the Commissioner until the next hourly or more frequent accuracy check described in D of this section is completed. If this check fails, all samples shall be retested by a duly licensed tester using either an alternative procedure approved by the Commissioner, or held for retesting on the "Milk-O-Tester" after proper repairs and/or adjustments are completed and the machine shown to be in calibration. If sample holding exemption has been granted and the accuracy check fails, immediate rescheduling shall be made of all samples tested subsequent to last correct accuracy check.

4. The identity of each sample shall be preserved explicitly during the holding period described in B3 above.

5. Samples which are frozen or partially frozen, lumpy, curdled or churned, containing excess amounts of preservatives, or samples that contain flavoring materials such as chocolate, or any milk that has been homogenized previously shall not be tested by the "Milk-O-Tester" method.

6. The Commissioner may request, and licensees shall conduct turbidimetric milk fat determinations on samples supplied by him for the purpose of determining the accuracy of testing and/or send to a location specified by the Commissioner the remaining portion of certain samples for retesting.

C. Zero Adjustment

1. The meter (14) shall be adjusted to zero on the manual model and to .02 on semi-automatic and automatic models with pure diluent in the flow thru cuvette (9).

I. This adjustment shall be made before each day's run, before the performance check described in Section C, above, and before testing samples for calibration purposes as described in C. of the following section, Instrument Calibration. If out of zero adjustment, make the accuracy check as provided in D of this section, then adjust to zero and rerun the accuracy test.

II. This zero check shall also be made before the accuracy check described in D of this section and after testing of approximately each fifty samples.

III. The first reading after this zero check shall be invalid and shall be ignored. Such a sample shall be retested.

2. Alternative zeroing procedures approved by the Commissioner may be used after testing of each fifty samples.

D. Accuracy Check

A control sample prepared in A of the previous section, Routine inspection and control prior to daily use, shall be checked each hour or more frequently of machine operation. If the reading is 0.1% fat or less different from the value obtained by the reference method, the machine may continue to be used. If the reading is greater than 0.1% different, follow the procedure given in C of the previous section. At all times, the last 20 control sample tests must meet the criteria of A.2. of the following section with respect to the average difference and standard deviation of difference from the reference method.

E. Cleaning

1. The machine shall be flushed twice with distilled water or diluent if it is to be idle for five minutes or more.

2. The machine shall be thoroughly cleaned at the end of the day's testing by alternately circulating distilled water and an appropriate cleaning solution through the entire system. The final rinse shall be with distilled water or with the diluent.

3. Formation of milkstone in any part of the machine shall not be allowed to occur.

4. Milk and oil splatters shall be wiped from all accessible surfaces on both the exterior and interior of the machine at least daily, and the machine other wise shall be kept clean.

5. The collection funnel (7), pipette (6), and wiper blade shall be kept clean at all times during operation.

6. The machine shall be lubricated and adjusted as required to keep it in good working order.

Instrument Calibration

A. Definitions

1. Calibration shall mean to adjust the settings on the instrument so that the readings will match results obtained by the Babcock, Gerber or other reference method approved by the Commissioner.

2. A machine shall be considered to be properly calibrated when the average difference between the machine results and the reference method results, called D, and the standard deviation of difference between methods, called S[D], are less than the values shown in Table 1. At least 20 samples shall be tested.

TABLE 1

Maximum allowable average difference (D) and the standard deviation of difference (S[D]) between the Milk-O-Tester and the reference method.

| Machine Calibrated For Use On | | | | | | --- | --- | --- | --- | --- | | Reference Method Individual Cow Samples Herd or Pooled Samples | | | | | | D | S[D] | D | S[D] | | | Gerber | +/-0.04 | +/-0.08 | +/ -0.04 | +/-0.06 | | Babcock | +/-0.04 | +/-0.10 | +/-0.04 | +/-0.06 |

B. Conditions Requiring Calibration

1. The instrument shall be calibrated when initially installed.

2. The instrument shall be calibrated when the performance check, Section C of Routine Inspection and Control Prior to Daily Use, or the accuracy Section D of Routine Testing by Milk-O-Tester Method, fail.

3. The instrument shall be calibrated when any of the following parts are replaced, rebuilt, or adjusted; syringe (2), check valve (15), separation valve assembly (17), pipette (6), cuvette (9), photocell (10), lamp (11), or homogenizer (5).

4. The homogenizer (5) shall be rebuilt, including the replacement of the homogenizing valves, and the instrument subsequently shall be recalibrated after a maximum of 20,000 samples for manual Milk-O-Tester, including control and calibration samples have been tested.

C. Types of and Preparation of Calibration Samples

One of the following types of samples shall be used for calibration:

1. At least ten samples of individual cow milks testing between 3 and 4% milk fat and at least ten samples of individual cow milks testing between 5 and 6% milk fat, or

2. At least ten pooled or herd milk samples testing between 3 and 4% milk fat and at least ten pooled or herd milk samples testing between 5 and 6% milk fat, except that not more than five of the ten 5 to 6% milk fat samples may be prepared by co-mingling varying amounts of "low" and "high" test milks. A herd milk sample is defined as one representing a minimum of 35 cows milking and pooled sample as one representing a minimum of three herds' milkings.

A variety of fat levels within the required ranges shall be used.

The calibration samples shall be tempered and mixed as required in A of the section, Routine Testing by Milk-O-Tester Method.

D. Testing Calibration Samples

1. The "Milk-O-Tester" shall be operated in accordance with B of the previous section with the following additions: At least three readings shall be made, recorded and averaged to the nearest 0.01% fat.

2. The well mixed sample for the reference method shall be followed with the following additions: At least three tests shall be made on each sample. All readings shall be made to at least the nearest 0.05% fat. The three results shall be averaged and this average shall be regarded as the true fat content of the sample.

E. Calculation of Calibration Results

1. The average of the results obtained on the law testing samples (3-4%) by the "Milk-O-Tester" method shall be compared to average of the results obtained on the same samples by the reference method. If the difference is 0.01% fat or less, the calibration may be continued. If the difference is greater than 0.01% fat, the machine shall be adjusted and the samples retested on the adjusted "Milk-O-Tester" until the differece is less than 0.01% fat.

2. The average of the results obtained on the high testing samples (5-6%) by the "Milk-O-Tester" method shall be compared to the average of the results obtained on the same samples by the reference method. If the difference is 0.05% fat or less, the calibration procedure may be continued. If the difference is greater than 0.05% fat, the machine shall be adjusted and the samples retested on the "Milk-O-Tester" until the difference is less than 0.05% fat.

The criteria listed in E.1 and 2. of this section shall be met simultaneously.

4. The average difference between methods, D, shall be calculated as the differece between the average of the "Milk-O-Tester" method on all calibration samples and the average of the reference method on all calibration samples. D shall be considered as the mathematical equivalent of the following formula:

[See formula in printed version]

5. The standard deviation of difference, S[D] of all calibration samples shall be calculated by a mathematical equivalent of the following formula:

[See formula in printed version]

For those unfamiliar with the calculations required in this and preceding paragraph, the work sheet DMC Milko Form # 1 may be used to get equivalent results. A sample calculation is shown in Tables 2-4.

All calibration samples tested on the "Milk-O-Tester" shall be used in the calculations described in E.4. and 5%. of this section, even though the minumum of twenty samples may be exceeded.

7. The average difference, D, and the standard deviation of difference S[D], shall not exceed the values shown in Table 1, A. 2. of this section.

8. The criteria listed in paragraphs 3 and 7 of this section shall be met simultaneously. If not, the machine shall be considered to be uncalibrated. After appropriate adjustments, such as changing the amount of diluent delivered or reseting of electrical systems, have been made, all calibration samples shall be tested on the machine and new calculations made according to these provisions.

STATE OF VERMONT - OFFICE OF THE SECRETARY OF STATE

RULES REFERENCE MATERIALS

AGENCY: Agriculture

REQUIRED RECORDS

A. A record of all butterfat tests shall be maintained.

B. Additionally, the following records for each machine shall be made and kept on file for a period of three months at the place where "Mile-O-Tester" testing is used. These records shall be made available at all times to the Commissioner or his representative:

1. Work sheet for determining standard deviation (DMC Milko Form # 1)

2. Milk-O-Tester check list (DMC Milko Form # 2)

Milk-O-Tester daily performance checks (DMC Milko Form # 3)

4. Calibration and shift value check (DMC Milko Form # 4)

5. Sample record (DMC Milko Form #

6. Temperature chart of water bath

7. Any other records requested by the Commissioner

REQUIRED FORMS

A. All records listed under B of this section shall be kept on forms prescribed by the Commissioner as herein follow and listed as DMC Milko Form # 1 through DMC Milko Form

5.

TABLE 2

| Sample Work Sheet for Determining Standard Deviation | | | | | | --- | --- | --- | --- | --- | | COLUMN NO. | | | | | | Step 1 | Step 2 | Step 3 | | | | 1 | 2 | 3 | 4 | 5 | | Average | Average | Difference (D) | Difference | | | Sample | Duplicate | Triplicate | Milko- | Square d | | No. | Milko- | Babcock | Babcock | (D<2>) | | 4a | 4b | | | | | 1 | 3.53 | 3.55 | -.02 | .0004 | | 2 | 3.61 | 3.60 | .01 | .0001 | | 3 | 3.69 | 3.65 | .04 | .0016 | | 4 | 3.40 | 3.30 | .10 | .0100 | | 5 | 3.47 | 3.45 | .02 | .0004 | | 6 | 3.85 | 3.80 | .05 | .0025 | | 7 | 3.62 | 3.60 | .02 | .0004 | | 8 | 3.71 | 3.75 | -.04 | .0016 | | 9 | 3.91 | 3.85 | .06 | .0036 | | 10 | 3.61 | 3.60 | .02 | .0004 | | 11 | 6.12 | 6.15 | -.03 | .0009 | | 12 | 6.39 | 6.40 | -.01 | .0001 | | 13 | 6.75 | 6.80 | -.05 | .0025 | | 14 | 6.39 | 6.35 | .04 | .0016 | | 15 | 6.77 | 6.70 | .07 | .0049 | | 16 | 6.42 | 6.45 | -.03 | .0009 | | 17 | 6.71 | 6.75 | -.04 | .0016 | | 18 | 6.68 | 6.70 | -.02 | .0004 | | 19 | 6.71 | 6.70 | .01 | .0001 | | 20 | 6.43 | 6.45 | -.02 | .0004 | | Sub Total | 4b | 4b | | | | .44 | -.26 | | | | | Step 4 n1 - sum D (4a - 4b) = 0.18 | | | | | | Step 5 - sum D<2> | .0344 | | | | | Step 6 - D = sum D = .18 = | .009 | | | | | N 20 | | | | | | Step 7 - D X sum D = .009 X .18 = | .00162 | | | | | Step 8 - sum D<2> - (D X sum D) = .0344 - .00162 = | .03278 | | | | | Step 9 - sum D<2> - (D X sum D) = .03278 = S[D]<2> = | .0017 | | | | | 5(N-1) 19 | | | | | | Step 10 - Find S[D] from S[D]<2> in table 3. | | | | |

n1 If step 4 is negative, it does not affect results.

The data in Table 3 will enable you to arrive at a sufficiently accurate estimate of S[D].

TABLE 3

| If S[D]<2> is: | Then S[D] is: | | --- | --- | | .0001 | .01 | | .0004 | .02 | | .0009 | .03 | | .0016 | .04 | | .0025 | .05 | | .0036 | .06 | | .0049 | .07 | | .0064 | .08 | | .0081 | .09 | | .0100 | .10 |

S ince the example cited above SD<2> was 0.0017 the S[D] would fall between 0.04 and 0.05. It would suffice to estimate it as 0.04. If the value for S[D2] exceeds .0036 on blended milk or .01 on individual cows milk, the instrument obviously needs to be recalibrated.

The Milko-Tester will be considered to be properly calibrated when the average difference (D) and the standard deviation of difference (S[D]) so calculated are equal to or smaller than the values shown in table 4.

TABLE 4

| Maximum allowable average difference (D) and standard deviation of | | | | | | --- | --- | --- | --- | --- | | difference (S[D] between the Milk-O-Tester and the reference method. | | | | | | Machine calibrated for use on | | | | | | Reference method Individual cow samples Herd or other blended samples | | | | | | D | S[D] | D | S[D] | | | % | % | % | % | | | Gerber | +/-0.0 4 | +/-0.08 | +/-0.04 | +/-0.06 | | Babcock | +/-0.04 | +/-0.10 | +/-0.04 | +/-0.06 |

Since the average difference (D) in the example is 0.0009 and the standard deviation (S[D]) is 0.04, the machine is in proper calibration because these values are less than the values shown in table 4 for the Babcock method for individual cow samples.

Should either the mean difference or the standard deviation of difference determined as outlined exceed the values shown in the table, the Milko-Tester must be adjusted in accordance with the manufacturer's instructions and the calibration procedure repeated by retesting the same samples with the Milko-Tester.

Listing of blank form to be used:

Work Sheet for Determinining Standard Deviation - DMC Milko Form # 1

Weekly Milk Test; Clean Up; and Homogenizer Count Form

Milko-Tester Daily Performance Checks/Form - FMMA 6/71

Calibration and Shift Value Check - DMC Milko Form # 4

Sample Record - DMC Milko Form # 5

Diagrams:

Diagram of "Milko-Tester", Mannual Model (2 Pages)

Key to Diagram Preceeding

Section 6 Approved Methods of Testing Cream

A. Apparatus Required

1. Standard Babcock cream test bottles, 50% 9 gram either 6 inch or 9 inch, or the 50% 18 gram 9 inch bottles shall be used. Bottles must be marked "9g" or "18g" as the case may be. The body of the bottles shall contain not less than 45 ml. Graduations shall represent 5.0% and 0.5% and each 5.0% graduation from 0 to 50 shall be numbered.

2. Pipettes

3. Cream test scales sensitive and accurate to one grain (0.065 gram) when loaded to capacity.

4. Weights marked "9g" or "18g", as the case may be.

5. Acid measure or burette graduated to deliver 17.5 ml.

6. Centrifuge.

7. Speed indicator.

8. Thermometer.

9. Tempering bath containing racks to hold bottles upright and with thermostat at 135 [degrees] to 140 [degrees] F.

Sulphuric acid, specific gravity 1.82 to 1.83 at 68 [degrees] F.

11. Acid hydrometer for use at 68 [degrees] F.

12. Mechanical shaker.

13. Dividers.

14. Distilled Water.

15. Glymol (red reader or meniscus remover).

B. Preparing Individual, or Daily, Samples for Testing

1. Cream samples for the daily test shall be tested the same day as taken and shall not be held over night for testing the next day. They shall be warmed to about 70 [degrees] F. and mixed thoroughly by pouring from one vessel to another at least four times. All the cream must be well mixed in and the sample uniform throughout when the test charge is weighed. Daily testing of cream samples is recommended.

C. Preparing Composite Samples for Testing

1. Loosen the stoppers and place the bottles in warm water at about 95 [degrees] F. to soften the cream layer and to facilitate complete mixing of the sample. Use a spatula to remove any cream from the inside of the sample jar.

2. Shake the bottle gently by a rotary motion several times during the course of preparation to mix in the softened cream layer and also to prevent the samples from "oiling off" in warm water. Never shake the samples vigorously as it is apt to churn the butterfat and thus make it more difficult to perform an accurate test.

3. Continue the preparation as above until the sample is uniform throughout. Mix the sample throughly by pouring from one bottle to another at least four times just before weighing the test charge.

D. Making the Test

1. Cream test scales must stand level and on a solid foundation.

2. Mark the cream test bottles to correspond to the samples being tested, place them on the scales and balance the scales.

Weigh 9 grams of well mixed cream into the 9 gram test bottle or 18 grams into the 18 gram test bottle.

4. Cool the test charge to about 65 [degrees] to 70 [degrees] F.

5. Add 9 ml. of 70 [degrees] F. water to the 9 gram cream sample but no water is added to the 18 gram sample. Mix the water with the cream before adding the acid.

6. Add 17.5 ml. of sulphuric acid. The same amount of acid is used for either the 9 gram or 18 gram samples. The temperature of the acid should be about 65 [degrees] to 70 [degrees] F. the same as the cream sample when the acid is added.

7. Mix the cream and acid immediately by a slow rotary motion of the test bottle until a uniform chocolate brown color results. Allow the bottles to stand several minutes to get complete action of the acid before placing them in the centrifuge.

8. Place the bottles in the centrifuge and balance the machine by distributing bottles opposite each other. The temperature in the centrifuge must be controlled by, thermostat at a range of not less than 135 [degrees] F. and not more than 140 [degrees] F.

Whirl at the proper speed for five minutes. The proper speed to operate the centrifuge will vary according to the diameter between the bases of opposite test bottle cups when they are in a horizontal whirling position. The table on page 7 gives the number of revolutions per minute at which machines of different diameters must be operated.

10. Add hot water at a temperature of 140 [degrees] to 145 [degrees] F. up to the bases of the necks of test bottles.

11. Mix the added water with the contents of the bottles by a slow rotary motion and whirl for two minutes.

12. Add hot water at a temperature of 140 [degrees] to 145 [degrees] F. to about an inch from the top of bottle to bring the butterfat column within the graduated scale on neck of bottle. If the fat on the surface of the test bottle is not a clear amber color, it is advisable to mix the contents of the bottle by a slow rotary motion before filling the test bottle to about an inch from the top with hot water at 140 to 145 [degrees] F.

Whirl for one minute.

Remove the tests from the centrifuge and temper them in a bath of hot water for five minutes. The water in the bath must be maintained at 135 [degrees] to 140 [degrees] F. by thermostatic control, and extend to the full height of the butterfat column in the test bottles. The temperature of the water must be maintained, as above, until all tests have been read.

Add about four drops of red reader, called glymol or meniscus remover, slowly be allowing it to flow down the inside of test bottle neck to cover the surface of the butterfat column before reading the test. The specific gravity of the red reader must not exceed 0.85 at 68 [degrees] F. so as not to mix with the butterfat column.

16. When reading butterfat tests of cream, the record of the previous test must not be available for comparision by the certified test operator until after all tests have been completed.

Measure the length of the butterfat column of the cream test with calipers from the upper part of the column at the junction of the red reader and the butterfat column to the bottom of the column at its lowest point. To read the percentage of butterfat be sure to maintain the above caliper measurement, then transfer the lowest point of the calipers to the zero graduation and read the percentage of butterfat at the top of the calipers. The use of calipers, or some approved reading device, is required because it reduces the chances of errors and facilitate the work.

Replace the test bottles in the hot water bath so that the water level is maintained to the full height of the butterfat columns until all tests have been read.

18. In reading the tests do not remove a second bottle from the tempering bath until the first has been read and recorded.

19. When a composite cream sample varies in butterfat test three percent or more from the composite test of the same producer's cream for the previous period, a retest shall be made to check the accuracy of the first test and the results of both tests recorded. Variations in butterfat test of three percent or more from the previous period shall be reported at once to producers whose tests vary.

20. A retest must also be made if, in the finished test, the fat column has mixed with the meniscus remover, contains charred or foreign substances, curdy particles, or is not a perfect test. (See page 8 for description of a perfect test. (D. Making the test, 12, (a)-(e)) Butterfat tests of cream may vary from one period to another due to one or more of the following reasons:

21. Speed of separator.

22. Rate of inflow of milk separated.

23. Temperature of milk separated.

24. Butterfat test of milk separated.

25. Amount and character of flushing of separator.

26. Position of cream screw.

Balance of bowl.

Cleanliness and conditions of bowl.

21. If a state inspector finds that any butterfat tests of cream have been made erroneously by a certified operator, the state inspector shall notify in writing the manager of the plant where such tests are in error of the correct tests and such manager shall cause payments to be made to all patrons on the basis of the correct tests.

22. Daily samples of cream numbered properly for identification must be held in good condition for retest at least until the close of the day's work on the day after the samples were tested.

Section 7 Care of Glassware and Testing Apparatus

A. All test bottles and pipettes must be cleaned in water containing a good cleaning compound as soon as the tests have been completed. Each piece of glassware must be washed thoroughly and inverted to drain and dry. Unclean test bottles shall not be used as a residue of butterfat may cause an erroneous test or interfere with reading the tests. All test bottles, pipettes and other testing apparatus should be kept in racks in a closed cupboard to protect them from dust and breakage.

THE STANDARD PLATE COUNT

The Standard plate method of bacterial analysis of milk is an approved test by the Commissioner of Agriculture to determine the quality of milk with reference to payment for it when received or purchased. V.S.A., Title 6, Section 2701.

Except as provided herein, the methods of sampling and testing and computing the results of the test, shall be those approved and published in the latest edition of "Standard Methods of Milk Analysis" of the American Public Health Association, 1790 Broadway, New York 19, N.Y.

All owners and operators of licensed dairy plants who purchase milk on the basis of its quality as determined by the plate count method of bacterial analysis and all certified operators of the plate count method are hereby required to comply with these regulations.

Section 1 General Requirements and Regulations

(a) Applicants for certificate to operate the plate count method for the determination of the bacterial content of milk must apply on a blank furnished by the Commissioner of Agriculture and arrangements will be made for an examination.

(b) In order for persons to qualify for a certificate, they must first demonstrate their ability to operate the test satisfactorily and also their knowledge of the fundamentals of the test by answering in writing fifteen questions furnished by the Commissioner of Agriculture or his deputy. Such fifteen questions will be chosen from the list published herein.

(c) Each certified operator shall sign his certificate in ink and post it in the plant where he works.

(d) An assistant or second operator shall be certifed in each plant to do plate count work in case the regular operator is absent.

(e) Premium schedules and grade requirements shall be approved by the Commissioner of Agriculture before being used as a basis of paying premiums. Changes in premiums or grade requirements shall slao be approved by the Commissioner of Agriculture before being used as a basis of payments.

Section 2 Sampling

(a) Containers of milk at the time of delivery by the producer or his agent must be identified properly either by name or number, preferably the latter.

(b) A representative sample of milk, consisting of not less than 10 ml. must be taken from the entire delivery. Sampling only nights or mornings milk, or one can from several delivered is prohibited when the payment covers the entire delivery. The recommended procedure is to take a representative sample from the weigh can after all of the delivery has passed through a perforated metal strainer. It shall be optional, however, to take a sample from the composite of all the single cans before pouring into the weigh can provided each can is stirred thoroughly before sampling. The agitator and sampling dipper used for this purpose shall be rinsed in clean water and scalded and kept between samplings in a can of hot water with steam continually bubbling through it.

(c) Samples shall not be taken for plate count analysis from the same weigh can compartment through which an inferior or lower grade of milk passes unless the compartment is first washed thoroughly and sterilized.

(d) A schedule of sampling days for each calendar month shall be forwarded to the office of the Commissioner of Agriculture within four days before the end of each preceding month. The bacteriologist in charge shall treat the schedule of dates absolutely confidential in order that producers may not prepare in advance for sampling dates.

(e) Schedules of sampling days shall vary each succeeding week.

(f) Schedule dates for sampling shall be followed unless specific permission for changes is granted.

(g) Samples shall be cooled to and maintained at or below 40 [degrees] F. until they are tested.

(h) Samples shall be tested in the plant where taken and tests shall be made the same day as the samples are taken unless permission is granted to transfer them to some central laboratory to be tested. Extra care shall be taken when samples are transported to keep all bottles corked tightly and iced properly.

(i) At least two samples shall be taken during each half month period of payment or at such other intervals as the Commissioner shall require.

(j) All samples shall be numbered correctly to identify each producer's milk.

(k) The weigh can shall drain completely, so that residual milk does not mix with the next lot that is weighed and sampled.

(l) A list of patron numbers should be kept indicating the order of their deliveries on the days of sampling.

Section 3 Making the Test

The latest edition of Standard Methods of Milk Analysis shall be followed except:

(a) A single petri plate may be poured in the test of each sample.

(b) All petri plates, including water and media blanks, numbered properly for identification, shall be held in good condition for recounting one full day after the day on which the count is made.

(c) Counts shall be used exactly as obtained and no tolerance shall be allowed for weigh can contamination. All counts made shall be used in determining the correct average on which payment is based.

Section 4 Records and Payments

(a) A producer shall be notified promptly by telephone or a notice attached to a return empty can in case any test of his milk is below the grade which commands a premium.

(b) The statements to producers, who are paid premiums based partially or wholly on bacteria counts, shall show the premium rate and the average bacteria count or the individual counts for the period covered by the payment.

(c) In case the Commissioner of Agriculture or his deputy finds bacteria counts in error as made by a certified operator, the manager of the plant in which the errors are found shall be notified in writing of the correct counts and the plant manager shall cause payments to be made on the correct basis.

WEIGHING AND SAMPLING MILK AND CREAM

General Requirements and Regulations

1. No person shall weigh milk or cream or sample it for butterfat in licensed dairy plants or on bulk collection routes unless he has secured a certificate from the Commissioner of Agriculture certifying that he is competent to perform such work. V.S.A., Title 6, Section 2724.

2. Applicants for a certificate of competency to weigh and sample milk or cream must apply on a blank furnished by the Commissioner of Agriculture and arrangements will be made for an examination.

3. In order to qualify for a certificate to weigh and sample milk or cream, an applicant must answer ten questions in writing satisfactorily concerning the rules and regulations for weighing and sampling. Such ten questions will be chosen by the examiner.

4. All operators of licensed creamery companies and certified operators of weighing and sampling are hereby requested to comply with these rules.

THE STANDARD PLATE COUNT

The Standard plate method of bacterial analysis of milk is an approved test by the Commissioner of Agriculture to determine the quality of milk with reference to payment for it when received or purchased. V.S.A., Title 6, Section 2701.

Except as provided herein, the methods of sampling and testing and computing the results of the test, shall be those approved and published in the latest edition of "Standard Methods of Milk Analysis" of the American Public Health Association, 1790 Broadway, New York 19, N.Y.

All owners and operators of licensed dairy plants who purchase milk on the basis of its quality as determined by the plate count method of bacterial analysis and all certified operators of the plate count method are hereby required to comply with these regulations.

History

• Amended: July 1, 963; October 18, 1971

Chapter 005 RULE RELATING TO rbST LABELING OF MILK AND DAIRY PRODUCTS

20-005 Code Vt. R. 20-021-005-X RULE RELATING TO rbST LABELING OF MILK AND DAIRY PRODUCTS

Section 1 DEFINITIONS

1.1 "Department" means the Vermont Department of Agriculture, Food and Markets.

1.2 "Commissioner" means the Commissioner of Agriculture, Food and Markets.

1.3 "Milk Handler" or "Handler" means a person, firm, unincorporated association or corporation engaged in the business of collecting, transporting, buying, selling, assembling, packaging or processing milk or other dairy products for sale within or without the State of Vermont, but shall not include grocery stores, restaurants, or similar retail establishments.

1.4 "Milk Producer" or "Producer" is a person who owns or controls one or more dairy cows and sells or offers for sale a part or all of the milk produced by the animals.

1.5 "rbST" or "rbGH" means recombinant bovine somatotropin, a recombinant bovine growth hormone used with lactating dairy cows to increase the production of marketable milk, which is also known as rbGH.

1.6 "rbST/rbGH Supplier" or "Supplier" means any party, including a manufacturer, distributor, or other intermediary, who sells or freely distributes rbST/rbGH.

1.7 "Milk" means cow's milk as defined in the Code of Federal Regulations, Title 21, Section 131.110, and includes reduced fat milk, lowfat or light milk, and nonfat, fat free or skim milk. Also included in this definition are those milk, reduced fat milk, lowfat or light milk, and nonfat, fat free or skim milk products which contain sweeteners, flavorings, safe and suitable microbial cultures, are acidified versions of these products, or have been compositionally modified.

1.8 "Cream" is the product defined in the Code of Federal Regulations, Title 21, Section 131.3(a) and includes fluid cream products such as light cream, light whipping cream, heavy cream, or heavy whipping cream. Also included in this definition are those cream products which are whipped or contain sweeteners, flavorings, safe and suitable microbial cultures, or are acidified versions of these products.

1.9 "Butter" means the food product usually known as butter, which is made exclusively from milk or cream or both, with or without common salt, and with or without additional coloring matter, and containing not less than 80 per centum by weight of milk fat, all tolerances having been allowed for, or any dairy-based product labelled as butter, including lower fat versions and flavored or cultured versions of butter.

1.10 "Cheese" means specific cheeses for which a standard of identity is listed in the Code of Federal Regulations, Title 21, Part 133, and/or any non standardized dairy based product labeled as "cheese".

1.11 "Sour Cream" is the product defined in the Code of Federal Regulations, Title 21, Section 131.160, and includes reduced fat sour cream, lowfat or light sour cream, and nonfat or fat free sour cream. Also included in this definition are those sour cream, reduced fat sour cream, lowfat or light sour cream, and nonfat or fat free sour cream products which contain sweeteners, flavorings, safe and suitable microbial cultures, or are acidified versions of these products.

1.12 "Ice Cream" is the product defined in the Code of Federal Regulations, Title 21, Section 135.110, and includes reduced fat ice cream, lowfat or light ice cream, and nonfat or fat free ice cream.

1.13 "Frozen Desserts" means any dairy derived frozen dessert not conforming to definition 1.12.

1.14 "Buttermilk" is a fluid product resulting from the manufacture of butter from milk or cream. It contains not less than 8.25 percent of milk solids not fat.

1.15 "Half-and-half" is the product defined in the Code of Federal Regulations, Title 21, Section 131.180, and includes half-and-half with safe and suitable microbial cultures or is acidified.

1.16 "Yogurt" is the product defined in the Code of Federal Regulations, Title 21, Section 131.200, and includes reduced fat yogurt, lowfat or light yogurt, and nonfat or fat free yogurt.

1.17 "Infant Formula" means any dry, concentrated, condensed, or liquid food product which is intended to be fed to infants, which after the removal of vitamins, minerals, and flavoring ingredients consists of dairy derived ingredients.

1.18 "Condensed/Dry Milk Products" means milk as defined in Definition 1.7 which has been concentrated, condensed, or dried by the removal of water therefrom and is intended to be reconstituted with water back to its original form or is intended to be used as an ingredient in a milk product defined in these rules.

1.19 "Condensed/Dry Whey Products" is a product resulting from the manufacture of cheese from milk or cream, which has been concentrated, condensed, or dried by the removal of water therefrom and is intended to be reconstituted with water back to its original form or is intended to be used as an ingredient in a milk product defined in these rules.

1.20 "Egg Nog" is the product defined in the Code of Federal Regulations, Title 21, Section 131.170, and includes reduced fat egg nog, lowfat or light egg nog, and nonfat or fat free egg nog.

1.21 "Person" means individuals, corporations, partnerships, trusts, associations, cooperatives, and any and all other business units or entities.

1.22 "Label" means a display of written, printed, or graphic material upon the immediate container of any article or any of its containers or wrappers, or accompanying such article.

1.23 "rbST/rbGH-free claim" means any direct or implied claim that a milk or milk product is made from milk produced without the use of recombinant bovine somatotropin.

Section 2 VOLUNTARY LABELING

2.1 A person may, in connection with the sale of milk or milk products packaged in retail containers and offered for sale in Vermont, represent that the milk or milk product is derived from cows not treated with rbST/rbGH if the representation complies with this section. This subsection does not prohibit the use of other rbST/rbGH-free claims so long as they comply with this section.

2.2 No person may do any of the following in connection with the sale of milk or a milk product:

2.2a Make any rbST/rbGH-free claim that is false, deceptive or misleading.

2.2b Make any rbST/rbGH-free claim without appropriate qualifying statements under 2.3.

2.2c Make any rbST/rbGH-free claim unless that person possesses reasonable substantiation for that claim when the claim is made. Substantiation shall comply with Section 3.1 through 4.3 of these rules.

2.2d Represent, directly or by implication, that a dairy product contains no bovine somatotropin. Since bovine somatotropin occurs naturally in milk, a statement that milk is "BST-free" or "BGH-free" is false unless the statement is clearly modified to refer to rbST or rbGH.

2.2e Make any rbST/rbGH-free claim for a milk or milk product if that milk or milk product is made with milk from cows treated with rbST/rbGH.

2.3 No person may make a rbST/rbGH-free claim in connection with the sale of milk or milk products unless that claim includes one of the following qualifying statements:

2.3a A clear and conspicuous statement that the "U.S. Food and Drug Administration has not found a significant difference to exist between milk derived from rbST treated and non-rbST-treated cows", or such other truthful and non-misleading statement conveying reasons, other than safety and quality, for choosing to use milk or dairy products which have not had rbST used in their production.

2.4 Qualifying statements must normally be at least as clear and conspicuous as the "rbST/rbGH-free" claim, and must be made directly in conjunction with the "rbST/rbGH-free" claim.

2.5 The type size of the qualifying statements shall not be less than 1/2 the type size of the principal rbST/rbGH-free claim. Upper case and lower case letters must be not less than 1/16 inch in height.

Section 3 SUBSTANTIATING rbST/rbGH CLAIMS

3.1 The following requirements are hereby imposed on any milk producer selling to a person wishing to label milk or milk products as being derived from cows not treated with rbST/rbGH and selling those products for retail sale in Vermont.

3.2 No person may make an "rbST/rbGh-free" claim in connection with the advertising, sale or distribution of milk or a milk product in this state unless that person possesses reasonable substantiation for that claim at the time the claim is made. If the person making the claim received raw milk from producers, substantiation must include sworn affidavits from those products stating that:

3.2a No animals on the affiant's farm are currently being treated with rbST/rbGH.

3.2b No animals on the affiant's farm have received rbST/rbGH treatments within the past 90 days.

3.2c Affiant will not knowingly allow animals to be brought into his or her dairy herd with [which] have been treated with rbST/rbGH in the past 90 days.

3.2d Affiant agrees to provide at least 90 days written notice to the buyer of his or her milk of affiant's intention to use rbST/rbGH on his or her dairy herd.

3.2e All affidavits shall recite that they are made under penalty of perjury and shall be signed and sworn to before a notary public.

3.3 If the person making a "rbST/rbGH-free" claim for milk or a milk product does not receive raw milk from producers, that person must obtain an affidavit from all milk handlers selling milk and milk products affirming to the receiving handler is from producers in compliance with rule 3.2.

Section 4 PRODUCER AFFIDAVIT

4.1 Under this rule, a milk producer affidavit used to substantiate an "rbST/rbGH-free claim" must be a sworn and notarized statement, signed by the milk producer, which contains the affirmations set forth in Section 3.2 of these rules.

4.1a Any producer affidavit executed after June 30, 1994, shall be deemed valid if it complies with the requirements of Vermont law and these rules, and if the producer has not informed a handler in response to a letter sent by a handler in accordance with section 4.3 of these rules that the producer will not comply with the 30 day notice requirements cf 6 V.S.A. § 2762.

4.2 No milk producer signing an affidavit may, contrary to that affidavit, use rbST/rbGH in the production of milk. No milk producer in this state may withdraw or cancel an affidavit unless that milk producer gives the recipient of that affidavit at least 90 days prior written notice of that withdrawal or cancellation. No milk producer may, while his or her affidavit remains in effect, knowingly add to his or her herd a cow that has been treated with rbST/rbGH within the previous 90 days.

4.3 Each handler may send to a producer from whom the handler has been notified by affidavit that the producer will comply with any 30 day requirement regarding the use of rbST, a letter to the effect that, unless informed otherwise by the producer, the producer is agreeing that it will instead comply with any 90 day requirement contained in 6 V.S.A. § 2762.

4.4 No milk handler may rely upon a milk producer affidavit to substantiate an "rbST/rbGH-free claim" if:

4.4a He/she knows or has reason to know that the milk producer has withdrawn or cancelled that affidavit, or if

4.4b He/she knows, or has reason to know, that the producer who signed the affidavit is using rbST/rbGH in milk production:

Section 5 HANDLER AFFIDAVIT

5.1 The milk handler shall by affidavit, notify the Commissioner of the handler's practices adopted to assure that milk from cows not treated with rbST/rbGH is kept separate from other milk throughout the collection, transportation and processing steps until the finished milk or dairy product is in final packaged form in a labeled container, and swears that he or she will notify the Commissioner at least 90 days before ceasing use of such practices.

5.2 The milk handler shall at least annually notify the Commissioner of all products and brand labels for which a rbST/rbGH claim is being made.

5.3 The milk handler shall notify the Commissioner at least 90 days before a charge in rbST/rbGH claim of any product or brand label processed or distributed by the milk handler.

5.4 A handler whose affidavit claims:

A) That all milk or dairy products marketed under a given brand name are derived from cows not treated with rbST/rbGH, may state in an advertisement, either verbally or written, or in a point of sale display that the entire line of milk or dairy products with this brand name is derived from cows not treated with rbST/rbGH.

B) That some milk or dairy products marketed under a given brand name are derived from cows not treated with rbST/rbGH, but makes no such claim regarding other milk or dairy products with this brand name, shall in any advertisement, either verbally or written, of rbST/rbGH free milk or dairy product, or in a point of sale display, identify the specific milk or dairy product or products with this brand name derived from cows not treated with rbST/rbGH.

Section 6 COMMISSIONER'S VERIFICATION

6.1 The Commissioner is authorized to conduct random inspections of dairy farm operations to determine whether evidence exists that rbST/rbGH is or has been used in the production of milk, which may include inspection of a milking herd, historical milk production records, and medicine storage places. If an inspection finds evidence contradicting the claim of a producer made under Section 3.2 of these rules, the Commissioner shall immediately so notify the attorney general and the handler concerned.

6.2 The Commissioner is authorized to investigate when he or she deems appropriate, and the Commissioner shall at least annually review, the business operations of any milk handler who claims pursuant to this subchapter that rbST/rbGH has not been used in the production of milk or dairy products offered for retail sale in Vermont, for the purpose of verifying such claims. An investigation or an annual review may be made, if the Commissioner deems appropriate, of claims of non-rbST/rbGH use in the production in other states or countries of milk or dairy products offered for retail sale in Vermont, pursuant to 6 V.S.A. § 2767. An investigation or a review may include the examination of a milk handler's collection, transportation, processing or manufacturing equipment, methods and historical records, including records of milk pickups and deliveries.

6.3 The Commissioner is authorized to confirm a producer's claim of non-rbST/rbGH use pursuant to section 3.2 of these rules:

(1) in conjunction with the random inspection of dairy farm operations pursuant to Section 6.1 of these rules;

(2) upon the written request of a handler regarding specific producer supplying milk to the handler; or

(3) when the Commissioner has reason to suspect that a specific producer has made a false affidavit.

6.4 Any supplier of rbST/rbGH doing business or wishing to do business in Vermont shall register with the Commissioner. In the event the Commissioner is investigating a producer's claim of non-rbST/rbGH use pursuant to Section 6.2 of these rules, a supplier shall, when requested by the Commissioner, make available to the Commissioner records of business transactions with the producer under investigation by the Commissioner.

6.4a "Registration" under this section means to provide the supplier's name, address, telephone number, and name and address of any corporate agent, to the Commissioner, or to the Vermont Secretary of State under Chapter 15 of Title 11.

6.5 The Commissioner shall annually prepare a list of each milk handler, and of each milk or dairy product of the handler concerned, whose claim of non-rbST/rbGH use pursuant to Section 2 of these rules has been validated. The list shall be available to the public upon request.

6.6 If the Commissioner determines that the claims of a milk handler of non-rbST/rbGH use pursuant to Section 2 of these rules cannot be verified, the Commissioner shall immediately so notify the Attorney General and the handler concerned.

Section 7 ENFORCEMENT; PENALTY

7.1 A violation of these rules may give rise to a civil, administrative or criminal enforcement action under Title 9, Title 6 or Title 13.

7.2 The commissioner may seek search warrants and accept assurances of discontinuance under sections 1, 12, and 13 of Chapter 1, Title 6, or may suspend or revoke the license issued to a milk handler under 6 V.S.A. § 2721 and § 2855 who violates these rules.

7.3 The Attorney General or State's Attorney may prosecute civil, criminal or administrative actions in accordance with the Civil and Criminal Rules of Procedure and the Administrative Procedure Act.

Section 8 MILK PURCHASE REFUSAL

8.1 If the Attorney General commences an enforcement action against a milk producer for a false affirmation, claim or affidavit pursuant to applicable Statutes and these rules, the charge shall be a matter of public record, and a handler purchasing milk from the producer may immediately refuse to purchase and accept milk from that producer, notwithstanding the provisions of 6 V.S.A., § 2752.

Section 9 RECIPROCITY

9.1 A person may offer for retail sale in this state milk and dairy products from other states and countries, the label of which displays the claim that rbST/rbGH has not been used in the production of the milk or dairy products, if the milk or dairy products are identified by the Commissioner:

(1) as from a state or country which has a law comparable to this subchapter and the milk or dairy products are labeled in compliance with the laws of that state or country; or employs other methods administered by the state or country acceptable to the Commissioner for verifying claims that rbST/rbGH has not been used in milk production and processing;

(2) as provided by a handler which employs a method acceptable to the Commissioner for verifying claims that rbST/rbGH has not been used in milk production and processing, or

(3) as from a state or country with a law or laws precluding the use of rbST/rbGH in the production of milk.

Section 10 SEVERABILITY

10.1 The provisions of these rules are severable. If any provision is invalid, or if any application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.

History

• Effective Date: July 5, 1995 (Secretary of State Rule Log # 95-37)
• AMENDED: April 17, 1999 (Secretary of State Rule Log # 99-19)

Subagency 010 ADMINISTRATIVE DIVISION

Chapter 006 RULES OF PRACTICE

20-006 Code Vt. R. 20-010-006-X RULES OF PRACTICE

Section 1 DESCRIPTION OF ORGANIZATION

The Vermont Department of Agriculture has the responsibility, as directed by the Legislature and the Governor, of administering and enforcing a long list of Vermont statutes in many fields. Practically all residents of the state are affected in one way or another by these laws, regulations and services. Among these are the control and eradication of livestock diseases which have human health and economic significance; the operation of a state meat inspection service; licensing and bonding of a select list of farm commondity buyers; supervising the sanitary production and handling of milk and dairy products; enforcing the accurate grading and labeling of many Vermont farm products; testing all devices which are used to measure commodities sold to the public; enforcing packing and labeling regulations; controlling and/or eradicatying plant diseases and pests; supervising the production and sale of Vermont certified seed crops and plants; registration of economic poisons; apiary inspection; and, the promotion of agricultural interests of the state. The Department reports to the County State's Attorneys all persistent violations.

The Commissioner of Agriculture also serves as a member of specified admini-strative boards and councils, for which administrative functions are performed by Department of Agriculture staff. These boards and councils are as follows: State Dairy Council, Vermont Milk Control Board, Vermont Dairy Industry Council Meat Inspection Board of Appeals and the Agricultural Development Commission. The Commissioner is also a member of the State Natural Resources Conservation Council, but department staff performs no administrative functions for this council.

The public may obtain information and make informal requests at the office of the Commissioner of Agriculture.

Section 2 DEFINITIONS

Wherever the words Department, Board, Council appear, reference is made to the Vermont Department of Agriculture, Vermont Milk Control Board, State Meat Inspection Appeals Board, State Natural Resources Conservation Council, State Dairy Council, Vermont Dairy Industry Council. The definitions set forth in 3V.S.A., Sec. 801, are hereby adopted and made applicable to these rules.

Section 3 FORMAL AND INFORMAL PROCEEDINGS

The following types of proceedings will be treated as formal proceedings:

(a) Proceedings wherein the determination by the Department, Board, Council, is required to be made after an opportunity for hearing;

(b) Rule-making proceedings initiated by the Department, Board, Council under Rule 8 (c) hereof.

All other petitions, applications, submissions, requests, charges, etc. will be treated as informal proceedings.

Section 4 APPEARANCES IN FORMAL PROCEEDINGS

(a) A party to a formal proceeding before the Department, Board, Council, may appear for himself or he may be represented by an attorney admitted top practice in the State of Vermont.

(b) Upon the filing of a petition, charge or other pleading initiating a formal proceeding before the Department, Board, Council, the name of the attorney or person who has signed such pleading will be entered on a docket of the Department, Board, Council. Except for appearances entered during a hearing, all other appearances in formal proceedings by attorneys or persons appearing for themselves shall be by notice in writing filed with the Department, Board, Council, and served pursuant to Rule 5 herein.

(c) All notice given to or by an attorney of record for a party in a formal proceeding shall be considered in all respects as notice to or from the party represented by such attorney.

(d) When an attorney has entered his appearance for a party in a formal proceeding, he shall remain counsel for such party until he has been granted leave to withdraw by order of the Department, Board, Council.

(e) An attorney not residing or not admitted to practice in the State of Vermont may appear for a party if he is associated with a resident and admitted attorney who has entered his appearance for the same party.

Section 5 FILING AND SERVICE OF DOCUMENTS IN FORMAL PROCEEDINGS

(a) The petition, charge, or other pleading initiating a formal proceeding before the Department, Board, Council shall be signed by the petitioner or complainant or an officer thereof, and shall be filed with the Department, Board, Council. Such pleadings shall be drawn so as to fully and completely advise the Department, Board, Council, and respondents, if any, as to the order or rule sought and the statutory authority and reasons therefor.

(b) All formal pleadings addressed to the Department, Board, Council, and the documents and papers filed in formal proceedings shall be on paper measuring eight and one-half by eleven inches. Filing with the Department, Board, Council, shall be deemed to occur when a document or paper is received by the Department, Board, Council, except that filing shall be deemed to occur upon receipt by the Department, Board, Council, when a document is submitted to the Department, Board, Council, during a hearing.

(c) Service of the initial pleading upon each other party entitled to be served a copy will be completed by the Department, Board, Council, except in cases where a different manner of service is required by statute.

(d) The answer of a respondent to an initial pleading, if an answer is permitted or required by law, shall be filed with the Department, Board, Council, at least seven days prior to the date set for the hearing of the case.

(e) A petition for leave to intervene as a party must set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and whether petitioner's position is in support of or opposition to the order sought.

(f) Every document or paper filed by any party subsequent to the initial pleading in a formal proceeding shall be served upon the attorneys of record or all other parties, and upon all persons who have appeared for themselves. Service upon an attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address. Delivery of a copy means handing it to the attorney or to the party, or leaving it at his office with the person in charge thereof, or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place ofabode with some person of suitable age and discretion then residing therein. Service by mail shall mean first-class mail, in a sealed and properly stamped envelope. Sevice by mail is deemed complete upon posting the mail in a proper United States post-office receptacle. The document or paper shall contain an attorney's certificate, or an affidavit of a party, stating upon whom, and the means by which, the document has been served.

(g) In its discretion the Department, Board, Council, may treat any written communication to it concerning a matter within its jurisdiction as a pleading initiating a formal proceeding.

(h) Briefs and proposed findings of fact and conclusions of law, if any, shall be filed within 30 days after hearing, and in the event that hearing has been waived under Rule 6(a), within 30 days after the date originally set for the hearing.

Section 6 HEARINGS

(a) An oral hearing shall be held in every formal proceeding except:

(1) in a formal rule-making proceeding, if no request to be heard is submitted within 5 days of the date set for such hearing, in accordance with the provisions of 3 V.S.A. § 803(a); and,

(2) in any other formal proceeding if all the parties to the proceeding file written waivers of opportunity to be heard.

(b) Upon the filing of a pleading initiating a formal proceeding or upon the initiating of such a proceeding by the Department, Board, Council on its own motion, the Department, Board, Council, shall by order or otherwise assign a time and place for the hearing thereof and the Department, Board, Council, shall cause written notice of the hearing in the form as provided by 3 V.S.A. § 809(b) and Sec. (a) ( 1) to be served upon each party and, if required by statute, shall arrange for publication thereof.

(c) Every party and counsel representing the Department, Board, Council, if any, shall have the right to participate fully in any hearing before the Department, Board, Council, and, in the case of rule-making proceedings, all interested persons shall also be permitted to participate in accordance with the terms of the notice of the proceeding.

(d) The admissibility of evidence in all formal proceedings before the Department, Board, Council, will be determined under the criteria specified in 3 V.S.A. § 810(1) - (4), which are attached hereto as Appendix A.

(e) The testimony of a hearing witness on direct examination may be offered in written form, either by having it read into the record or by offering it for incorporation in the record without reading, provided that a copy of such testimony shall be supplied to the Department, Board, Council, each attorney of record and each party appearing for himself at a reasonable time in advance of the hearing at which testimony will be offered. Such testimony shall be subject to the same rules of admissibility and cross-examination as extemporaneous testimony.

(f) Hearings or any part thereof shall be transcribed at the request of any party made at least five days prior to the hearing and upon payment by there questing party of the reasonable costs thereof.

Section 7 PETITIONS FOR RULE-MAKING

(a) Petitions for the adoption, amendment, or repeal of any rule will be entertained by the Department, Board, Council. Such petitions shall be filed with the Department, Board, Council, pursuant to Rule 5 hereof. Such petitions will be considered and disposed of pursuant to the procedure specified in 3 V.S.A. § 803 and 806, and Rule 8 (c) hereof.

Section 8 SPECIAL PROCEDURES FOR CERTAIN INFORMAL PROCEEDINGS

(a) Applications for licenses (certificates, etc.) or renewals thereof shall be sumitted on official application forms and will be considered and disposed of upon the basis of the application, exhibits, filed therewith such other credible information as may be available to the Department, Board, Council. Applicants and other persons may at any time furnish to the Department Board, Council, such other information and exhibits as they deem relevant to the Department, Board, Council, consideration of an application.

(b) Any formal proceeding for revocation, suspension, annulment or withdrawal of a license (certificates, etc.) shall be preceded by notice to the licensee of facts or conduct which warrant the intended action, and the licensee shall be given an opportiunity informally to show compliance with all all lawful requirements for the retention of the license prior to initiation of such formal proceeding under Rule 6 (b) hereof.

(c) Petitions for rule-making filed under Rule 7 (a) hereof will be considered informally and the Department, Board, Council shall within 30 days after the filing of such a petition either deny the petition in writing (stating its reasons for the denial) or shall initiate formal rule-making proceedings in accordance with 3 V.S.A., Sec. 803, and Rule 6 (b) hereof.

(d) Petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the Department, Board, Council, will be entertained by the Department, Board, Council. Such petitions shall be filed with the Department, Board, Council. Petitions so filed will be con- sidered and disposed of promptly.

Section 9 FORMS

The Department, Board, Council, has certain approved forms and instructions which are available upon request and must be used where applicable. These include the following:

ADMINISTRATION DIVISION

(1) Licenses

a) Milk handler license (retail)

(2) Bonds

a) Milk handler license bond form (personal)

b) Milk handler license bond form (surety)

(3) Fund Forms

a) Stipend fund form

DAIRY DIVISION

(1) Licenses

a) Ice cream frozen dairy products and frozen dairy products mix (manufacture and sale)

b) Imitation dairy products handler license

c) Milk handler license (dealer)

d) Milk handler license (sub-dealer)

e) Oleomargarine (dealer)

f) Oleomargarine (wholesale)

g) Public warehouse license

(2) Permits

a) Bulk tank milk handling (producer)

b) Bulk tank milk handling (dealer-hauler)

c) Installation/re-modeling pipeline milking system

(3) Certificates

a) Certificate of competency

LIVESTOCK DIVISION

(1) Licenses

a) Livestock dealers license

b) Meat license (retail)

c) Meat handling or slaughterhouse operation

d) Poultry license

e) Urine, pregnant mare license

(2) Permits

a) Garbage feeding for swine

(3) Bonds

a) Livestock market agencies and dealers

b) Resident bond

(4) Certificates

a) Pollorum and breed improvement grades

AGRICULTURAL DEVELOPMENT DIVISION

(1) Licenses

a) Egg buyers license

(2) Certificates

a) Apple inspection certificate

b) Apple picking certificate

c) Controlled atmosphere storage

d) Official inspection certificate

e) Potato inspection certificate

f) Poultry products grading certificate

g) Shell egg regulatory inspection

h) Storage, apples exposed to cold storage

i) Stop sale order (eggs)

j) Sanitary inspection

PLANT INDUSTRY DIVISION

(1) Licenses

a) Pesticide applicators license (218)

b) Pesticide dealers license (Class "A" & "B" 1903)

c) Class "C" pesticides (retail)

(2) Permits

a) Purchase or use restricted pesticides

b) Nursery inspection

(3) Certificates

a) Certified crop seed field inspection

b) Nursery inspection

c) Nursery stock dealers

d) Pesticide stop sale order

e) Phytosanitary certificate

f) Phytosanitary certificate (export)

g) Registration for pesticides (6213)

h) Seed potato inspection

i) Stop sale order (general)

WEIGHTS AND MEASURES AND RETAIL INSPECTION DIVISION

(1) Licenses

a) Dealer/repairman license

b) Public weighmaster's license

Section 10 ENLARGEMENT OF RULES

The Vermont Department of Agriculture may take a proceeding partially or entirely out of these rules when the law so permits and, in its opinion, the interest of the public so requires.

Appendix A

RULES OF EVIDENCE, OFFICIAL NOTICE

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the county courts of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(2) Documentary evidence may be received in the form of copies or excerts, if the original is not readily available. Upon request, parties shall e given an opportunity to compare the copy with the original;

(3) A party may conduct cross-examination required for a full and true disclosure of the facts;

(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or other-wise, of the material noticed, including any staff memoranda or data, and they shall be accorded an opportunity to contest the material so noticed. The agency's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

History

• Adopted: July 1, 1969
• AMENDED: July 27, 2979

Chapter 007 SUBMISSION OF PETITIONS UNDER 3 V.S.A. section 806

20-007 Code Vt. R. 20-010-007-X SUBMISSION OF PETITIONS UNDER 3 V.S.A. section 806

1. FORM OF PETITIONS

A. The petition shall be either typed or printed and must be legible. The petition shall state the name and address of, and shall be dated and signed by, the petitioner or the petitioners.

B. The petition shall state with specificity the action which the department of Agriculture is being requested to take. If the petitioner is seeking the promulgation of a rule, the petition shall contain a statement of that proposed rule. If the petitioner is requesting that a rule be amended or repealed, then the petition shall contain:

(1) the rule as presently stated;

(2) the specific changes which are requested; and

(3) in the case of an amendment, the rule as it will appear should it be so amended.

C. The petition shall contain a comprehensive explanation of the reasons why the action is being requested by the petitioner.

D. The petition shall further contain the names, addresses and position of any experts who are competent in the subject matter under consideration and whose advice has been relied upon by the petitioner in making the presentation to the Department of Agriculture.

2. PROCEDURE FOR SUBMISSION OF PETITION

A. The petition may either be mailed to or delivered by hand to the office of the Commissioner of Agriculture.

3. PROCEDURE FOR CONSIDERATION OF PETITIONS

A. In considering whether the petition should be granted, the Department of Agriculture may request assistance from persons both within and without the Department.

PROCEDURE FOR DISPOSITION OF PETITIONS

Chapter 008 REQUIRED AGRICULTURAL PRACTICES RULE FOR THE AGRICULTURAL NONPOINT SOURCE POLLUTION CONTROL PROGRAM

20-008 Code Vt. R. 20-010-008-X REQUIRED AGRICULTURAL PRACTICES RULE FOR THE AGRICULTURAL NONPOINT SOURCE POLLUTION CONTROL PROGRAM

Section 1 General

1.1 Preamble: Agriculture has been identified as a major contributor of non-point source pollution to surface waters of Vermont. For example, the Lake Champlain Total Maximum Daily Load (TMDL), as modeled by the Environmental Protection Agency, estimates that nutrient losses from agricultural activities represent 29% of the total phosphorous load to the Lake Champlain basin and over 40% of Vermont's contribution to the phosphorous load to the basin. Agriculture contributes non-point source pollution to surface and groundwater from multiple sources, including cropland erosion, farmstead management, crop storage, and manure storage and application. While contributions of non-point source pollution from agriculture may vary from watershed to watershed, the overall impact to water quality from agricultural lands, when not managed well, is significant.

The Vermont legislature first directed the Agency of Agriculture, Food and Markets to develop a comprehensive Agricultural Non-Point Source Pollution Reduction Program in 1992. The Accepted Agricultural Practices Rules (AAPs), which regulate farming activities in order to protect water quality, became effective in 1995 and were revised in 2006.

As a result of Act 64--the Vermont Clean Water Act--the Agency of Agriculture was tasked with updating the AAPs to further reduce the impact of agricultural activities to water quality across the State. The Required Agricultural Practices Rules (RAPs) are an updated version of the AAPs, re-written to a higher level of performance.

Act 64, which was signed into law by the Governor in June 2015, amended and enacted multiple requirements related to water quality in the State. The act required the Agency of Agriculture to amend several provisions of the AAPs in order to improve water quality in Vermont. The first change was to rename the Accepted Agricultural Practices Rules the Required Agricultural Practices Rules. The RAPs are standards to which all types of farms must be managed. Act 64 further required the Agency of Agriculture to:

-- Establish requirements for a Small Farm Certification Program;

-- Establish nutrient, manure, and waste storage standards;

-- Make recommendations for soil health;

-- Establish requirements for vegetated buffer zones;

-- Establish requirements for livestock exclusion from surface water;

-- Establish nutrient management planning standards; and

-- Establish standards for soil conservation such as cover cropping

The standards and rules that follow are intended to improve the quality of all of Vermont's waters by reducing and eliminating cropland erosion, sediment losses, and nutrient losses through improved farm management techniques, technical and compliance assistance, and, where appropriate, enforcement. This rule strives to balance the complexity, variability, and requirements of farm management with the need to improve that management in order to meet the State's goals in improving and protecting water quality.

Soil quality and soil health are critical elements of an overall agricultural non-point source pollution reduction program. Agricultural soils are recognized as a critical resource for the overall prosperity of Vermont's agricultural community and for the public at large. Efforts to build soil organic matter, increase biological activity, and reduce compaction, including reduced tillage, use of composts, establishing crop rotations, cover cropping, and the elimination of annual cropping on highly vulnerable lands, will be essential to the success of programs whose goal is to improve Vermont's water quality. The Vermont Agency of Agriculture, Food and Markets supports and endorses all practices that lead to the goal of healthy soils and productive agricultural lands.

1.2 Enabling Legislation: As defined in 6 V.S.A. §§ 4810 and 4810a, the Required Agricultural Practices (RAPs) shall be management standards to be followed by all persons engaged in farming in this State. These standards shall address activities which have a potential for causing agricultural pollutants to enter the groundwater and waters of the State, including dairy and other livestock operations, all forms of crop and nursery operations and on-farm or agricultural fairground registered pursuant to 20 V.S.A. § 3902, and livestock and poultry slaughter and processing activities. The RAPs shall include, as well as promote and encourage, practices for farmers in preventing agricultural pollutants from entering the groundwater and waters of the State when engaged in animal waste management and disposal, soil amendment applications, plant fertilization, and pest and weed control. Persons engaged in farming who are in compliance with these practices shall be presumed to not have a discharge of agricultural pollutants to waters of the State. The RAPs shall be designed to protect water quality and shall be practical and cost-effective to implement, as determined by the Secretary.

1.3 Purpose: The RAPs are farm and land management practices that will control and reduce agricultural nonpoint source pollution and subsequent nutrient losses from farm fields and production areas to surface and ground waters of the State or across property boundaries. The RAPs also establish minimum construction and siting requirements for farm structures in floodplains, floodways, river corridors, and flood hazard areas.

1.4 Authority: 6 V.S.A. Chapter 215 (Agricultural Water Quality), including §§ 4810, 4810a, and 4811, and Act 64 of the Vermont General Assembly (2015 session).

1.5 Enforcement: Violations of this rule are subject to enforcement by the Secretary of the Vermont Agency of Agriculture, Food and Markets and the Attorney General under the provisions of 6 V.S.A. §§ 4991 - 4996 and additional remedies available to the State under other applicable Vermont law.

1.6 Further considerations under the RAPs: 6 V.S.A. § 4810a(b) requires that on or before January 15, 2018, the Secretary of Agriculture, Food and Markets shall amend by rule the Required Agricultural Practices in order to include requirements for reducing nutrient contribution to waters of the State from subsurface tile drainage. As part of the rule amendment process, the Secretary may also evaluate the current status of effectiveness of the Required Agricultural Practices, the implementation of additional best management practices, and the current water quality condition of waters of the State. The Secretary may consider additional changes to the Required Agricultural Practices, as appropriate, to meet the water quality goals of the State.

Section 2 Definitions

2.01 Agency means the Vermont Agency of Agriculture, Food and Markets.

2.02 Agricultural Product means any raw agricultural commodity, as defined in 6 V.S.A. § 21(6), that is principally produced on the farm and includes products prepared from the raw agricultural commodities principally produced on the farm.

2.03 Annual Cropland means, for the purposes of this rule, land devoted to the production, cultivation, harvesting, and management of annual row crops, including sweet corn and pumpkins, but does not include:

(a) vegetable, fruit, or berry crops grown for human consumption; and

(b) small grains.

2.04 ANR means the Vermont Agency of Natural Resources, and the Secretary of the Vermont Agency of Natural Resources and her or his designees.

2.05 Barnyard and Feedlot means an area, either earthen or improved, where animals are confined by fences, other structures, or topography, are primarily sustained by supplemental feed, and where vegetation cover is sparse.

2.06 Buffer Zone means an area of perennial vegetation between the edge of cropland and:

(a) the top of the bank of an adjoining water of the State;

(b) a ditch that is not a surface water under State law and that is not a water of the United States under federal law; and

(c) surface inlets or open drains.

2.07 Certified Small Farm means a farm that meets the criteria of Section 4.1 of this rule.

2.08 Compost means a stable, humus-like material produced by the controlled biological decomposition of organic matter through active management, but shall not mean sewage, septage, or materials derived from sewage or septage.

2.09 Cover Crop means a temporary vegetative crop established for the purpose of:

(a) reducing erosion and runoff; and

(b) enhancing soil health by providing organic matter in cropland.

2.10 Crop and Cropland , for the purposes of this rule, means:

(a) plants grown for food, feed, fiber (other than trees grown for silvicultural or timber purposes), Christmas trees, maple sap, horticultural, viticultural, orchard crops, and pasture; and

(b) the land upon which they are grown.

2.11 Custom Applicator means a person who is engaged in the business of applying manure or other agricultural wastes to land and who charges or collects other consideration for the service including full-time employees of a person engaged in the business of applying manure or agricultural wastes to land.

2.12 Discharge means the placing, depositing, or emission of any wastes, directly or indirectly, into an injection well or into waters.

2.13 Ditch means a constructed channel for the collection of field runoff water or shallow groundwater and its conveyance to an outlet.

2.14 Farm means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily, to farming, as defined in Section 2.16 of this rule, and that meets the threshold criteria as established in Section 3 of this rule, provided that the lessee controls the leased lands to the extent they would be considered as part of the lessee's own farm. Indicators of control may include whether the lessee makes day-to-day decisions concerning the cultivation or other farming-related use of the leased lands and whether the lessee manages the land for farming during the leased period.

2.15 Farm Structure means a structure that is used by a person for farming, including a silo, a building to house livestock or raise horticultural or agronomic plants, or customarily used to carry out the agricultural practices defined in Section 3.2 of this rule. A farm structure includes a barnyard or waste management system, either of which is created from an assembly of materials, including the supporting fill necessary for structural integrity, but excludes a dwelling for human habitation. A farm structure also must be used by a person who can demonstrate meeting the minimum threshold criteria as found in Section 3.1 of this rule.

2.16 Farming means:

(a) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural, viticultural, and orchard crops; or

(b) the raising, feeding, or management of livestock, poultry, fish, or bees; or

(c) the operation of greenhouses; or

(d) the production of maple syrup; or

(e) the on-site storage, preparation, and sale of agricultural products principally produced on the farm; or

(f) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or

(g) the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines.

2.17 Fertilizer means any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth or health, except unprocessed animal or vegetable manures and other products exempted by the Secretary.

2.18 Flood Hazard Area means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year (a.k.a. 100-yr flood). The term has the same meaning as "area of special flood hazard" under 44 C.F.R. § 59.1. The area may be designated as Zone A or AE on the National Flood Insurance Program maps.

2.19 Floodplain means any land area susceptible to being inundated by water from any source.

2.20 Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base (one percent annual chance) flood without cumulatively increasing the water surface elevation more than one foot at any point. Flood hazard areas and floodways may be shown on separate National Flood Insurance Program map panels.

2.21 Food Processing Residual means the remaining organic material from a food processing plant and may include whey and other dairy, cheese making, and ice cream residuals or residuals from any food manufacturing process excluding slaughtering and rendering operations. It does not include materials from markets, groceries, or restaurants.

2.22 Groundwater means water below the land surface in a zone of saturation, but does not include surface waters.

2.23 Groundwater Quality Standards means the primary and secondary groundwater quality standards listed in Appendix One of the Groundwater Protection Rule and Strategy in accordance with 10 V.S.A. Chapter 48 (Groundwater Protection).

2.24 Livestock means cattle, cow/calf pairs, youngstock, heifers, bulls, American bison, swine, sheep, goats, horses, cervids, camelids, ratites, rabbits, pheasants, chukar partridge, coturnix quail, laying hens, broilers, ducks, turkeys, or any other type of fowl as designated by the Secretary. Other livestock types may be designated by the Secretary based on the potential to generate nutrients or other associated agricultural wastes.

2.25 Manure means livestock waste in solid or liquid form that may also contain bedding, spilled feed, water, milkhouse waste, or soil.

2.26 Nonpoint Source Pollution for the purposes of this rule, means agricultural wastes that reach surface water or groundwater indirectly or in a diffuse manner as a result of farming.

2.27 Person means:

(a) an individual, partnership, corporation, association, unincorporated organization, trust, or other legal or commercial entity, including a joint venture or affiliated ownership; or

(b) a municipality or state agency; or

(c) individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from agricultural management, including lessors and lessees.

2.28 Pesticide means economic poison as defined in 6 V.S.A. § 911(5) and Section I 22 of the Vermont Regulations for Control of Pesticides.

2.29 Principally Produced means that more than 50% (either by weight or volume) of raw agricultural products that are stored, prepared, or sold at the farm are also grown or produced on the farm.

2.30 Production Area means those areas of a farm where animals, agricultural inputs, or raw agricultural products are confined, housed, stored, or prepared whether within or without structures, including barnyards, raw materials storage areas, heavy use areas, fertilizer and pesticide storage areas, and waste storage and containment areas. Production areas include egg washing or egg processing facilities, milkhouses, raw agricultural commodity preparation or storage, or any area used in the storage, handling, treatment, or disposal of mortalities.

2.31 River Corridor means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of a dynamic equilibrium condition and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures.

2.32 Secretary means the Secretary of the Agency of Agriculture, Food and Markets and her or his designees.

2.33 Small Farm means a small farm as defined in 6 V.S.A. § 4871.

2.34 Subsurface Tile Drainage means a conduit installed in cropland beneath the ground surface to collect and/or convey water to an outlet.

2.35 Surface Inlet or Open Drain means an aboveground structure that receives, collects, or redirects field runoff water to other underground drainage or ditches.

2.36 Surface Water or Waters means all rivers, streams, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, which are contained within, flow through, or border the state or any portion of it.

2.37 Top of Bank means the point along the bank of a surface water or ditch where an abrupt change in slope is evident, and where the surface water is generally able to overflow the banks and enter the adjacent floodplain during an annual flood event. Annual flood event shall be determined according to the Agency of Natural Resources' Flood Hazard Area and River Corridor Protection Procedure.

2.38 Vegetable Production means the production of all true vegetables and all commonly known vegetables that are technically fruits, including, but not limited to, peppers, tomatoes, eggplants, and peas.

2.39 Waste or Agricultural Waste means material originating or emanating from a farm that is determined by the Secretary or the Secretary of Natural Resources to be harmful to the waters of the State, including: sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste, animal mortalities, compost, feed and crop debris; waste oils; pathogenic bacteria and viruses; thermal pollution; silage runoff; untreated milkhouse waste; and any other farm waste as the term "waste" is defined in 10 V.S.A. § 1251(12).

2.40 Waste Management System means an on-farm waste management program and conservation practices which may include a combination of:

(a) an adequately sized waste storage facility, field stacking, composting, leachate control systems, bedded pack systems, and milkhouse waste systems;

(b) contracts which transfer the ownership of wastes generated at a production area to another person for management in a manner determined by the Secretary; and/or,

(c) a nutrient management plan (NMP) for all wastes to be applied in compliance with this rule.

2.41 Waste Storage Facility means an impoundment made for the purpose of storing agricultural waste by constructing an embankment, excavating a pit or dugout, fabricating an in-ground or above-ground structure, or any combination thereof

2.42 Waters of the State include, for the purposes of this rule, surface water and groundwater as applied.

2.43 Water Supply means a drinking water source that intersects the water table and provides water through pipes or other conveyances and includes drilled wells, dug wells, driven point wells, and natural springs.

Section 3 Required Agricultural Practices Activities and Applicability

3.1 Persons engaged in farming and the agricultural practices as defined in Section 3.2 of this rule and who meet the minimum threshold criteria for applicability of this rule as found in Section 3.1(a) -- (g) must meet all applicable Required Agricultural Practices conditions, restrictions, and operating standards. Persons engaged in farming who are in compliance with these conditions, restrictions, and operating standards, as applicable, shall be presumed to not have a discharge of agricultural wastes to waters of the State. Compliance with the Required Agricultural Practices Rule is required if a person:

(a) is required to be permitted or certified by the Secretary, consistent with the requirements of 6 V.S.A. Chapter 215 and this rule; or

(b) has produced an annual gross income from the sale of agricultural products of $ 2,000.00 or more in an average year; or

(c) is preparing, tilling, fertilizing, planting, protecting, irrigating, and harvesting crops for sale on a farm that is no less than 4.0 contiguous acres in size; or

(d) is raising, feeding, or managing at least the following number of adult livestock on a farm that is no less than 4.0 contiguous acres in size:

(1) four equines;

(2) five cattle, cows, or American bison;

(3) 15 swine;

(4) 15 goats;

(5) 15 sheep;

(6) 15 cervids;

(7) 50 turkeys;

(8) 50 geese;

(9) 100 laying hens;

(10) 250 broilers, pheasant, Chukar partridge, or Coturnix quail;

(11) three camelids;

(12) four ratites;

(13) 30 rabbits;

(14) 100 ducks;

(15) 1,000 pounds of cultured trout; or

(16) other livestock types, combinations, or numbers as designated by the Secretary based upon or resulting from the impacts upon water quality consistent with this rule; or

(e) is raising, feeding, or managing other livestock types, combinations, and numbers, or managing crops or engaging in other agricultural practices on less than 4.0 contiguous acres in size that the Secretary has determined, after the opportunity for a hearing, to be causing adverse water quality impacts and in a municipality where no ordinances are in place to manage the activities causing the water quality impacts; or

(f) is managed by a farmer filing with the Internal Revenue Service a 1040(F) income tax statement in at least one of the past two years; or

(g) has a prospective business or farm management plan, approved by the Secretary, describing how the farm will meet the threshold requirements of this section.

3.2 The agricultural practices on farms meeting the minimum threshold criteria set forth in Section 3.1 that are governed by this rule include:

(a) the confinement, feeding, fencing, and watering of livestock;

(b) the storage and handling of agricultural wastes principally produced on the farm;

(c) the collection of maple sap principally produced from trees on the farm and/or production of maple syrup from sap principally produced on the farm;

(d) the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of crops;

(e) the ditching and subsurface drainage of farm fields and the construction of farm ponds;

(f) the stabilization of farm fields adjacent to banks of surface water, and the establishment and maintenance of vegetated buffer zones and riparian buffer zones;

(g) the construction and maintenance of farm structures, farm roads, and associated infrastructure;

(h) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm;

(i) the on-site storage, preparation, and sale of agricultural products principally produced on the farm from raw agricultural commodities principally produced on the farm;

(j) the on-site storage of agricultural inputs for use on the farm including, but not limited to, lime, fertilizer, pesticides, compost and other soil amendments, and the equipment necessary for operation of the farm; and

(k) the management of livestock mortalities produced on the farm.

Section 4 Small Farm Certification and Training Requirements

4.1 As used in this section, "Certified Small Farm" means:

(a)

(1) a parcel or parcels of land on which 10 or more acres are used for the raising, feeding, or management of livestock;

(2) that house no more than the number of animals specified under 6 V.S.A. § 4857(2) (Medium Farm definition); and

(3) that house at least the following numbers and types of livestock:

(A) 50 mature dairy cows;

(B) 75 youngstock or heifers;

(C) 75 veal calves;

(D) 75 cattle or cow/calf pairs;

(E) 188 swine weighing over 55 pounds;

(F) 750 swine weighing less than 55 pounds;

(G) 40 equines;

(H) 750 sheep or goats;

(I) 4,125 turkeys;

(J) 2,250 laying hens or broilers with a liquid manure handling system;

(K) 6,250 laying hens or broilers without a liquid manure handling system;

(L) 375 ducks with a liquid manure handling system;

(M) 2,500 ducks without a liquid manure handling system;

(N) any other animal type, number, or combination of animals as designated by the Secretary that is having an adverse impact on water quality; or

(O) any combination of more than one animal type exceeding 90,000 pounds of total live animal weight (animal units); or

(b) farms on a parcel or parcels of land greater than 50 acres used for the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of annual cropland where fertilizer, manure, or agricultural wastes are mechanically applied to said parcel or parcels; or

(c) farms on a parcel or parcels of land greater than 50 acres used for the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of vegetable production where fertilizer, manure, or agricultural wastes are mechanically applied to said parcel or parcels; or

(d) that the Secretary has designated, on a case-by-case basis after an opportunity for a hearing, as a farm required to comply with the certification requirements pursuant to 6 V.S.A. § 4871(c) based on the farm's management, agricultural inputs used by the farm, tillage practices used by the farm, agricultural wastes generated by the farm, and the associated actual or potential water quality impacts.

4.2 On a case-by-case basis after an opportunity for a hearing, the Secretary may designate a farm as not being required to comply with the certification requirements pursuant to 6 V.S.A. § 4871(c) upon a determination that the farm does not pose a threat of discharge to a water of the State or does not pose a threat of contamination to groundwater.

4.3 Certified Small Farms shall annually certify compliance with the Required Agricultural Practices Rule. Certification shall be in a manner and schedule established by the Secretary.

(a) Certified Small Farms may be inspected at any time for the purposes of assessing compliance by the farm with the Required Agricultural Practices Rule.

(b) The Secretary may prioritize inspections and inspection frequency based on the identified water quality or compliance issues posed by a farm. Certified Small Farms shall be scheduled for inspection at least once in every seven-year period commencing at the receipt by the Secretary of certification.

(c) A person who owns or leases a Certified Small Farm shall notify the Secretary of a change of ownership or change of lessee of a Certified Small Farm within 30 days of the change. The notification shall include the certification of farm compliance and shall be submitted by the new owner or lessee.

Section 5 Agricultural Water Quality Training

(a) Owners or operators of certified small farms, permitted medium farms, or permitted large farms shall obtain water quality training as approved by the Secretary. Training shall provide information regarding:

(1) the prevention of discharges;

(2) the mitigation and management of stormwater runoff;

(3) statutory and regulatory requirements of the operation of a large, medium, or small farm and financial resources available to assist in compliance;

(4) the mechanical application of manure or nutrients and methods or techniques used to minimize the runoff of applied manure or nutrients to waters of the State;

(5) weather and soil conditions that increase the risk of runoff of manure or nutrients to waters of the State; and

(6) standards for nutrient management including nutrient management planning.

(b) Large Farm Operations, Medium Farm Operations, and Certified Small Farm Operations shall obtain four hours of approved training at least once in every five years. This requirement will commence upon notice from the Secretary.

(c) The Secretary may approve training offered by other entities upon request of the entity providing the training. All requests for training approval shall be provided to the Secretary at least 30 days prior to the scheduled training dates. The entity will be required to submit information about the training and attendees in a manner requested by the Secretary.

Section 6 Required Agricultural Practices; Conditions, Restrictions, and Operating Standards

6.01 Discharges

(a) Farms shall not create any discharge of agricultural wastes to surface waters of the State through a discrete conveyance such as, but not limited to, a pipe, ditch, or conduit without a permit from the Secretary of ANR.

(b) Production areas, barnyards, animal holding or feedlot areas, manure storage areas, and feed storage areas shall utilize runoff and leachate collection systems, diversion, or other management strategies in order to prevent the discharge of agricultural wastes to surface water or groundwater.

6.02 Storage of Agricultural Wastes and Agricultural Inputs

(a) All agricultural wastes shall be managed in a manner to prevent runoff or leaching of wastes to waters of the State or across property boundaries.

(b) All components of a waste management system, including waste storage facilities, shall be managed and maintained so as to prevent structural or mechanical failures.

(c) Waste Storage Facilities maintenance and construction shall ensure:

(1) Vegetation is managed so that the facility maintains structural integrity and prevents leaks or overflows at all times.

(2) Waste Storage Facilities are managed to provide adequate volume in order to prevent overflows at all times.

(3) All waste storage facilities constructed, expanded, or modified after July 1, 2006 are designed and constructed according to the United States Department of Agriculture's Natural Resources Conservation Service (USDA NRCS) standards and specifications or an equivalent standard certified by a professional engineer licensed in the State of Vermont. Waste Storage Facilities shall be managed and maintained consistent with the requirements of the Operation and Maintenance Plans for the facility.

(d) The Secretary may require, on a case-by-case basis, that the owner or operator of a waste storage facility certify compliance with standards established by the USDA NRCS for waste storage facilities, or an equivalent standard certified by a professional engineer licensed in the State of Vermont.

(e) Field stacking of manure or other agricultural wastes on sites not approved consistent with USDA NRCS standards, or otherwise approved by the Secretary:

(1) shall consist of a stackable material that is no less than 20% solids and be able to stack four feet high; and

(2) shall be prohibited on lands in a floodway or subject to annual flooding; and

(3) shall be prohibited on exposed bedrock; and

(4) shall not be sited within:

(A) 200 feet of the top of bank of surface water;

(B) 200 feet of a public or private water supply;

(C) 100 feet from a property line;

(D) 100 feet from a ditch or conveyance to surface water;

(E) areas subject to concentrated runoff; or

(F) 100 feet of subsurface tile drainage;

(f) The Secretary may authorize site-specific standards other than those listed in Section 6.02(e)(4)(A)-(F) when the Secretary determines that a manure stacking or piling site, fertilizer storage, or other nutrient storage will not have an adverse impact on groundwater quality or surface water quality but in no case shall unimproved manure stacking sites be located less than 100 feet from a private water supply or the top of the bank of surface water.

(g) Over a three-year period, field stacked agricultural wastes shall be land applied consistent with the nutrient management plan requirements of Section 6.03, actively managed as a compost, or moved to a suitable alternative location.

(h) Fertilizer shall be stored consistent with the Vermont Fertilizer and Lime Regulations Section XIII. Fertigation and chemigation equipment shall be operated with an adequate anti-siphon device between the system and the water source.

(i) Pesticides shall be used in accordance with 6 V.S.A. Chapter 87 (Control of Pesticides) and all regulations promulgated thereunder.

6.03 Nutrient Management Planning

(a) All Certified Small Farm Operations as defined in Section 4 of this rule and all permitted Medium and Large Farm Operations managing manure, agricultural wastes, or fertilizer for use as nutrient sources shall implement a field-by-field nutrient management plan consistent with the requirements of the USDA NRCS Nutrient Management Practice Code 590 or other equivalent standards approved by the Secretary.

(b) For all other fanning operations subject to this rule, all sources of nutrients shall be accounted for when determining nutrient application rates. Recommended rates may be adjusted based on manure or other waste analysis and/or nutrient testing procedures. Recommended nutrient application rates shall be consistent with current university recommendations and standard agricultural practices.

(c) For all other farming operations subject to this rule, all fields receiving mechanical application of manure, agricultural wastes, or fertilizer shall be soil sampled at least once in every five years using modified Morgan's extractant or other equivalent standards approved by the Secretary. Records of soil analysis, manure or other agricultural waste application, and fertilizer applications shall be maintained on the farm for a period five years and provided to the Secretary upon request.

(d) Owners and operators of annual cropland, perennial grass land, or hay land who are required to implement a USDA 590 standard nutrient management plan and who have soil analyses demonstrating greater than 20 parts per million (ppm) phosphorous shall:

(1) implement appropriate provisions of an approved nutrient management plan that balances excessive soil phosphorus levels with management strategies to reduce those levels, including eliminating or reducing manure applications; and

(2) apply nutrients at less than UVM phosphorus crop nutrient removal rates on cropland fields with "pattern tile drainage", which for the purposes of this section is defined as subsurface tile drainage systematically installed in a repeating pattern.

(e) Owners and operators of farms required to implement a USDA 590 standard nutrient management plan shall document significant changes in animal numbers, management, nutrient application rates, field management, or crop management, and shall make appropriate modifications to the farm's nutrient management plan in a timely manner.

(f) The following records of manure or other agricultural waste application shall be maintained by all farms for a period of five years and shall be provided to the Secretary upon request:

(1) date of application;

(2) field location;

(3) application rate;

(4) source of nutrients applied; and

(5) weather and field conditions at the time of application.

6.04 Soil Health Management; Cover Crop Requirements

(a) Soil management activities that increase organic matter, reduce compaction, promote biological activity, reduce erosion, and maintain appropriate nutrient levels shall be considered and implemented as practicable. Practices that promote these goals include reduced tillage, conservation tillage, avoiding mechanical activities on saturated soils, addition of organic matter using manure, green manures and compost, sod and legume rotations, and the use of cover crops.

(b) Cropland shall be cultivated in a manner that retains soil in the field and promotes soil health while minimizing visible erosion into buffer strips, across property boundaries, or that creates gully erosion. The performance management standard for the soil must result in an average soil loss less than or equal to the soil loss tolerance (T) for the prevalent soil type as calculated through application of the Revised Universal Soil Loss Equation 2 or through the application of similarly accepted models.

(c) Croplands shall be managed to prevent fieldborne gully erosion and reduce or eliminate associated sediment discharges using management strategies that may include the establishment of grassed waterways, filter strips, or other methods deemed appropriate by the Secretary.

(d) Annual croplands subject to frequent flooding from adjacent surface waters, as described in the USDA Soil Survey Flooding Frequency Class, shall be required to be planted to cover crops. Broadcast seeding must be completed by October 1 of each year. Seed planted with drill seeders or otherwise incorporated shall be completed by October 15 of each year. The Secretary may, on a case-by-case basis, approve alternative planting dates due to unusual soil or weather conditions or other specific crop management needs and upon request of the owner or operator of a farm managing annual croplands subject to frequent flooding from adjacent surface waters, as described in the USDA Soil Survey Flooding Frequency Class. If annual crops cannot be harvested prior to October 15, then 30% crop residue, growing directly in the soil, must remain in order to limit soil loss.

6.05 Manure and Waste Application Standards and Restrictions

(a) Manure or other agricultural wastes shall not be applied between December 15 and April 1. The Secretary may prohibit the application of manure to land in the State following adequate notice to the agricultural community between December 1 and December 15 and between April 1 and April 30 of any calendar year when the Secretary determines that due to weather conditions, soil conditions, or other limitations, application of manure to land would pose a significant potential of runoff to waters of the State.

(b) Manure or other agricultural wastes shall not be applied to cropland, perennial grass land, small grain cropland, or hay land subject to frequent flooding from adjacent surface waters, as described in the USDA Soil Survey Flooding Frequency Class, after October 16 or before April 14.

(c) Manure or other agricultural wastes applied to annual cropland subject to frequent flooding, as described in the USDA Soil Survey Flooding Frequency Class, shall be injected or otherwise incorporated within 48 hours of application. This requirement shall not apply to land in no-till management.

(d) Manure or other agricultural wastes shall not be applied when field conditions are conducive to flooding, runoff, ponding, or other off-site movement, or can be reasonably anticipated to result in flooding, runoff, ponding, or other off-site movement, regardless of NMP recommendations.

(e) Manure or other agricultural wastes shall not be applied in areas of croplands, perennial grass lands, or hay lands that:

(1) are saturated with water with the potential to runoff to surface water;

(2) are frozen or snow covered, unless the Secretary has approved an exemption consistent with the requirements of Section 6.06; or

(3) have exposed bedrock.

(f) Manure or other agricultural wastes shall not be applied to annual cropland, vegetable cropland, or small grain cropland where the average field slope exceeds 10%, unless a permanently vegetated buffer zone of 100 feet adjacent to downslope surface water has been established. Manure shall not be applied within the buffer zone.

(g) Manure or other agricultural wastes shall not be mechanically applied within 100 feet of a private water supply or 200 feet of a public water supply. This prohibition shall not apply to private water supplies that have been established inconsistent with the Department of Environmental Conservation Water Supply Rules existing at the time that the water supply was established.

(h) Manure or other agricultural wastes shall not be applied in exceedance of nutrient recommendations such that it ceases to be useful or beneficial for plant uptake.

6.06 Manure Spreading Exemptions

(a) Manure and other agricultural wastes shall be land applied consistent with the requirements of this section unless the Secretary grants an emergency exemption because of an emergency situation such as the structural failure of a waste storage facility or has granted a seasonal exemption consistent with Section 6.06(b) -- (d). In granting an emergency exemption, the Secretary shall establish requirements so that manure will be applied on fields in a manner with the least likelihood of generating runoff to surface waters.

(b) The Secretary may approve a seasonal exemption to the winter spreading ban or the restrictions on frequently flooded fields for manure applications on a case-by-case basis upon written request. Requests for an exemption shall provide:

(1) the identification and location of specific fields to be used for winter spreading;

(2) the proposed rates of application;

(3) the location of nearest surface water, mapped wetlands, mapped floodplains, water supply, tile drains, surface inlets or open drains, property boundaries, and ditches;

(4) the identification of soil types, depth to groundwater, and slopes;

(5) the current soil test results;

(6) the annual nutrient application plan for the fields;

(7) the Phosphorus Index, or equivalent, results;

(8) the RUSLE 2, or equivalent, results; and

(9) the USDA Soil Survey Flooding Frequency Class, and if applicable to the request, evidence that the flood frequency class is not accurate.

(c) All approvals for a seasonal exemption shall be in writing and shall prohibit the application of manure:

(1) to areas with established channels of concentrated storm water runoff to surface waters;

(2) to permanent vegetative buffer zones;

(3) to wetlands, as that term is defined in 10 V.S.A. § 902(5);

(4) within 200 feet of a potable water supply, as that term is defined in 10 V.S.A. § 1972(6);

(5) to fields exceeding tolerable soil loss (T);

(6) to saturated soils; and

(7) to any other area as designated by the Secretary on a case-by-case basis.

(d) Approvals for seasonal exemptions to the winter spreading ban shall establish requirements and conditions for the application of manure when frozen or snow-covered soils prevent effective incorporation at the time of application, require manure to be applied according to a nutrient management plan, establish the maximum amounts of manure that may be applied per acre during any one application, and establish required manure spreading setbacks from surface water, water supplies, and other water conveyances. Seasonal exemptions to the winter spreading ban may be renewed annually upon request and submission of winter spreading records of application.

6.07 Buffer Zones: Manure and Agricultural Wastes Application Setbacks A vegetative buffer zone of perennial vegetation shall be maintained between croplands and the top of the bank of adjoining surface waters and ditches consistent with the criteria in (a) through (i) below:

(a) Adjacent surface waters shall be buffered from croplands by 25 feet of perennial vegetation.

(b) Ditches shall be buffered from croplands by 10 feet of perennial vegetation unless determined to potentially transport significant waste or nutrients to surface water consistent with the USDA 590 standard nutrient management requirements.

(c) Surface inlets or inlets of open drains shall be buffered from croplands by 25 feet of perennial vegetation.

(d) Mechanical application of manure or other agricultural wastes is prohibited within perennially vegetated buffer zones. Grazing of livestock consistent with the provisions of Section 7 of this rule is permitted.

(e) The use of fertilizer or compost for the establishment and maintenance of a required vegetative buffer zone is allowed consistent with nutrient management plan requirements, soil analysis, and agronomic recommendations for the buffer zone.

(f) Tillage within the perennially vegetated buffer zone is prohibited other than for the establishment and maintenance of the buffer zone.

(g) Harvesting a vegetative buffer zone as a perennial crop is allowed.

(h) Spoils from agricultural ditch maintenance shall not be stored in the buffer zone or in such a manner as to discharge to surface water.

(i) Exceptions to the required vegetative buffer zone widths, including the requirements of Section 6.05(f), may be considered upon request on a site-specific basis according to standards approved by the Secretary, but in no case shall a buffer zone be less than 10 feet in width. Site-specific buffer zones may be approved based on field characteristics such as a determination that a conveyance has the potential to transport significant wastes or nutrients to surface water, field contours, soil types, slopes, proximity to water, nutrient management plan requirements, and other relevant characteristics when the Secretary determines that the proposed site-specific buffer zones are adequately protective of surface waters.

6.08 Animal Mortality Management Requirements

(a) Animal mortalities shall be properly stored, handled, and disposed of within 48 hours, so as to minimize adverse water quality impacts.

(b) Animal mortalities buried on farm property shall be sited so as to be:

(1) a minimum of 150 feet from property lines and the top of the bank of surface waters;

(2) a minimum of three feet above the seasonal high water table and bedrock;

(3) covered with a minimum of 24 inches of soil;

(4) a minimum of 200 feet from public or private drinking water supplies; and

(5) not located on lands in a floodway or subject to annual flooding.

(c) Animal mortalities composted or otherwise disposed of on farm property on unimproved sites shall be prohibited on lands in a floodway or subject to annual flooding, and shall be sited so as to be:

(1) a minimum of 200 feet from property lines;

(2) a minimum of 200 feet from the top of the bank of surface waters;

(3) a minimum of 200 feet from public or private drinking water supplies not owned by the farm;

(4) a minimum of 300 feet from neighboring residences or public buildings;

(5) a minimum of 100 feet from a ditch or conveyance to surface water; and

(6) not upon areas of exposed bedrock.

(d) Other site-specific standards may be authorized by the Secretary, but in no case shall unimproved sites be located less than 100 feet from a private water supply, property boundary, or the top of the bank of surface water.

6.09 On-Farm Composting of Imported Food Processing Residuals

(a) All on-farm composting facilities importing less than 1,000 cubic yards per year of food processing residuals shall be sited so as to be at a minimum:

(1) 200 feet from the top of bank of surface water;

(2) 200 feet from a public or private water supply not owned by the farm;

(3) 300 feet from a neighboring residence or public building;

(4) 200 feet from a property line;

(5) 100 feet from a ditch or conveyance to surface water;

(6) not within floodways, areas subject to annual flooding or concentrated runoff; and

(7) not upon areas of exposed bedrock.

(b) Other site-specific standards may be authorized by the Secretary, but in no case shall unimproved sites be located less than 100 feet from a private water supply, property boundary, or the top of the bank of surface water.

6.10 Stabilization of Banks of Surface Waters

(a) The areas from the top of a bank of surface water to the edge of the surface water shall be left in their natural state except as allowed by State statute including, but not limited to, 10 V.S.A. § 1021, and the standards established for the pasturing of livestock consistent with Section 7 of this rule.

(b) Stabilization of farm field banks of surface waters, when allowed under Section 6.10(a) of this-- rule, shall be constructed in accordance with the USDA NRCS standards and specifications or other standards approved by the ANR and the Agency that are consistent with policies adopted by the Secretary of Natural Resources to reduce fluvial erosion hazards.

Section 7 Exclusion of Livestock from the Waters of the State

(a) Adequate vegetative cover shall be maintained on banks of surface waters by limiting livestock trampling and equipment damage to protect banks of surface waters to minimize erosion.

(b) Crossings and watering areas need to be maintained so as to minimize erosion and be adequately protective of surface waters.

(c) Livestock shall not have access to surface water in production areas or immediately adjacent to production areas, except:

(1) at livestock crossings or watering areas;

(2) in areas prescribed by a rotational grazing plan consistent with NRCS standards or an equivalent standard, and approved by the Secretary. Approved grazing plan areas shall maintain at least an average of three inches of vegetative growth within 25 feet of the top of bank of surface water, and within 10 feet of the top of bank of ditches; or

(3) in areas approved by the Secretary based on site-specific characteristics and management requirements.

(d) Livestock shall not have access to surface water in areas outside of production areas that:

(1) contain unstable banks or where erosion is present; or

(2) are areas designated by the Secretary as having actual or potential threat to water quality as a result of livestock access.

(e) Livestock shall not be pastured within 50 feet of a private water supply without the permission of the water supply owner. This prohibition shall not apply to private water supplies that have been established inconsistent with the Department of Environmental Conservation Water Supply Rules existing at the time that the water supply was established.

Section 8 Ground Water Quality and Groundwater Quality Investigations

(a) Farm operations shall be conducted so that the concentration of wastes in groundwater originating from agricultural operations do not reach or exceed the primary or secondary groundwater quality enforcement standards identified by Appendix One of the Groundwater Protection Rule and Strategy in accordance with 10 V.S.A. Chapter 48 (Groundwater Protection).

(b) Farm operations shall be conducted with the goal of reducing the concentration of wastes in groundwater to the preventive action levels (PALs) of the primary or secondary groundwater quality standards identified by Appendix One of the Groundwater Protection Rule and Strategy when monitoring indicates the presence of these wastes in groundwater that exceed the enforcement standard.

(c) The Secretary may conduct groundwater quality monitoring to assess the impact of agricultural practices and farm operations on the quality of drinking water and groundwater. The Secretary may conduct groundwater sampling at sites:

(1) selected by the Secretary where water supply owners or tenants have volunteered or agreed to participate in the sampling program;

(2) upon the request of a water supply owner or tenant;

(3) selected by the Secretary based on the results of other sampling data or the existence of vulnerable site characteristics; or

(4) with activities or operations permitted, certified, or regulated by the Secretary.

(d) The Secretary shall conduct a groundwater investigation where the Secretary has received a complaint from a water supply owner in the vicinity of a farm that the farm or its agricultural practices has contaminated the drinking water or groundwater of the water supply owner.

(e) The Secretary shall conduct a groundwater investigation where sampling indicates that drinking water or groundwater contains detectable concentrations of agricultural wastes.

(f) The Secretary shall provide:

(1) written notification of testing results to each individual water supply owner and tenant, if known, that participates in the sampling program.

(2) property owners in the vicinity of farm operations and agricultural lands with the test results for each water supply owned by them that is sampled by the Secretary.

(3) farm operations with the test results for water supplies owned by the farm operation and, upon request, for water supplies adjacent to or impacted by the crop land or facilities managed by the farm operation.

(g) In order to identify and remediate sources of drinking water and groundwater contamination, the Secretary, without limitation, may:

(1) conduct site visits to interview property owners and farm operators, gain an understanding of the physical characteristics of the landscape and locate additional sites for water quality sampling;

(2) communicate with farm operators and adjacent property owners to identify practices and activities that are potential sources of contamination; (3) conduct additional sampling to confirm the detection of contaminants and to determine the extent and scope of contamination at the site;

(4) require corrective actions such as changes in activities, management practices, cropping patterns, or structural revisions designed to reduce the contamination from current activities and prevent contamination from future activities;

(5) conduct follow up water quality sampling to determine the effectiveness of changes made or corrective actions taken;

(6) seek additional investigative or consultation resources to evaluate and characterize sites to determine vulnerability to drinking water and groundwater contamination; and

(7) review testing results and site evaluations to determine if changes in water quality data are the result of changes in activities or natural site conditions.

(h) The Secretary may require the owner or operator of a waste storage facility to modify the facility to meet the USDA NRCS or an equivalent standard for the facility or to implement additional management measures if the facility poses a threat to human health or the environment as established by an exceedance of the State's Groundwater Quality Standards.

(i) For the purpose of assessing whether a waste storage facility is violating the State's Groundwater Quality Standards, the Secretary shall pay for the initial costs to conduct groundwater monitoring. When the Secretary has made a determination that a waste storage facility is violating the State's Groundwater Quality Standards, the Secretary shall provide notification to the Department of Health and the Agency of Natural Resources. This notification shall occur within 21 days and include the location of the facility and the name of the owner or operator. When the Secretary makes a determination that a waste storage facility no longer poses a threat to human health or the environment, the Secretary shall provide notification of the revised determination to the Department of Health and the ANR.

Section 9 Construction of Farm Structures

(a) Siting

(1) Prior to construction of farm structures, the farmer must notify the zoning administrator or the town clerk of the town in which the farm structure is proposed, in writing, of the proposed construction activity. The notification must contain a sketch of the proposed structure including the setback distances from adjoining property lines, road rights-of-way, and adjacent surface water.

(2) Local setbacks and setbacks designed by this rule shall be observed unless the Secretary has approved a farmer's written request for other reasonable setbacks for the specific farm structure being constructed or maintained in accordance with Section 9(b).

(3) Construction of farm structures in Flood Hazard Areas and River Corridors are required to obtain a Flood Hazard Area and River Corridor permit from the ANR or its designee unless otherwise exempt (refer to Appendix A). Fences through which floodwater may flow are not structures which represent an encroachment in a floodway area.

(4) Construction of new farm structures, specifically buildings and other farm structures that disturb one or more acres of land must obtain authorization from the ANR before commencing with land disturbance or construction activities.

(5) Existing Production Areas

Farm structures, with the exception of replacement structures built to occupy existing structural footprints, shall be constructed so that a minimum distance of 50 feet is maintained between the top of the bank of adjoining surface waters and the farm structure.

(A) Such structures do not include those solely constructed for irrigation, drainage, fencing, or livestock watering,

(B) Such structures do not include water quality conservation practices where the site is the best available site on the farm, as approved by the Secretary, for the purposes of protecting ground water quality or surface water quality.

(C) Such structures do not include waste storage facilities if the site is the best available site on the farm, as approved by the Secretary, for the purposes of protecting ground water quality or surface water quality and the waste storage facility is designed by a licensed engineer.

(6) New Production Areas

(A) Farm structures, excluding waste storage facilities, shall be constructed so that a minimum distance of 50 feet is maintained between the top of the bank of adjoining surface waters and the farm structure.

(i) Such structures do not include those solely constructed for irrigation, drainage, fencing, or livestock watering,

(ii) Such structures do not include water quality conservation practices where the site is the best available site on the farm, as approved by the Secretary, for the purposes of protecting ground water quality or surface water quality.

(B) The following setbacks shall apply to all new waste storage facilities proposed on sites where no waste storage facility or production area previously existed:

(i) 100 feet from the centerline of a public road;

(ii) 100 feet from any abutting property line;

(iii) 200 feet from the top of the bank of any surface water; and

(iv) 200 feet from public or private water supplies.

(b) Setbacks Approved by the Secretary

Local setbacks or no build areas for wetlands, River Corridors, and other setbacks applicable to all development in a local zoning bylaw established by the municipality shall be maintained, unless upon written request of the person, consistent with the procedures found in Appendix A, the Secretary has approved other reasonable setbacks for the specific farm structure being constructed. The Secretary may authorize the siting of a waste storage facility within 200 feet of a surface water or private water supply if the site is the best available site on the farm for the purposes of protecting ground water quality or surface water quality and the waste storage facility is designed by a licensed engineer to meet USDA NRCS standards and specifications or an equivalent standard. If an equivalent design standard is used, the design and construction shall be certified by the Secretary, or a licensed professional engineer operating within the scope of his or her expertise. The Secretary may consider the following in rendering a decision regarding alternative setbacks:

(1) unique existing physical conditions or exceptional topographical or other physical constraints peculiar to the particular property that would prevent development in accordance with this rule;

(2) because of such physical conditions or constraints, there is no possibility that the property can be developed in conformity with the provisions of this rule and that the approval of an alternative setback is therefore necessary to enable the reasonable operation of the farm;

(3) the alternative setback, if approved by the Secretary, will be the site that is the best available on the farm for the purposes of protecting ground water quality or surface water quality; and

(4) the setback, if approved by the Secretary, will represent the minimum alternative setback necessary to allow for reasonable operation of the farm.

Section 10 Custom Applicator Certification

(a) Custom applicators of manure or other agricultural wastes shall be certified by the Secretary in order to operate within the State and shall comply with all applicable requirements of the Required Agricultural Practices Rule, Medium Farm Operations Rule and Permits, and Large Farm Operations Rule and Permits.

(b) Custom applicators shall demonstrate knowledge of Required Agricultural Practices Rule standards, Medium Farm Operation Rule and Permit requirements, Large Farm Operation Rule and Permit requirements, and the USDA NRCS Nutrient Management Practice Code 590, including manure or other wastes application restrictions, buffer zones, setback requirements, and recordkeeping requirements.

(c) Custom applicators shall demonstrate competency in methods and techniques used to minimize runoff from application sites, identification of weather or soil conditions that may increase risk of field runoff, recordkeeping, and other information deemed pertinent by the Secretary.

(d) Certified custom applicators shall train all employees and seasonal workers in methods or techniques to minimize runoff to surface water, identification of weather or soil conditions that may increase the risk of runoff, and the Required Agricultural Practices Rule, Medium Farm Operation Rule and Permit, Large Farm Operation Rule and Permit standards and restrictions for the application of manure or other agricultural wastes. Records of training shall be maintained in a manner prescribed by the Secretary.

(e) Certification shall be valid for five years from the date of issuance and shall be renewable annually on a form and in a manner prescribed by the Secretary.

(f) Certified custom applicators shall complete eight hours of training in each five-year period of certification. Completion of five-year training requirements will serve as meeting the requirements for recertification.

(g) Certified custom applicators shall maintain records of the amount of manure or agricultural waste applied by farm and field for a period of five years and provide those records to the Agency upon reasonable request.

Section 11 Site Specific On-Farm Conservation Practices

When the Secretary determines, after inspection of a farm, that a person engaged in farming is complying with the Required Agricultural Practices Rule but there still exists the potential for agricultural wastes to enter the waters of the State, the Secretary shall require the person to implement additional, site-specific, on-farm conservation practices designed to prevent agricultural wastes from entering the waters of the State. When requiring implementation of a conservation practice, the Secretary shall inform the person engaged in farming of the resources available to assist the person in implementing the conservation practices to comply with the requirements of this rule.

Section 12 Subsurface Tile Drainage

12.1 Requirements for Subsurface Tile Drainage For all farming operations subject to this rule, all cropland with any subsurface tile drainage must implement the following practices, unless other site-specific standards are approved by the Secretary:

(a) Concentrated feeding areas of unimproved barnyards and unimproved feedlots shall not be sited over subsurface tile drainage.

(c) New vegetative treatment areas for agricultural wastes shall not be installed within 200 feet upslope of a subsurface tile drain and new subsurface drainage shall not be installed within 200 feet downslope from the edge of an existing vegetative treatment area.

(d) Subsurface tile drainage installed or modified after January 1, 2019 shall have a rodent guard installed at the outlet of the subsurface tile drainage system.

12.2 Requirements for Surface Inlets For all farming operations subject to this rule, no new installations of surface inlets shall be located within or adjacent to cropland. For the purposes of this section, surface inlets do not include drainage controls such as diversion structures or grade stabilization practices approved by the Secretary.

Section 13 Severability Clause

If any provision of this rule, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect other provisions or applications of this rule which can be given effect without the invalid provision or application, and to that end the provisions of this rule are severable.

Section 14 Effective Date

This regulation shall become effective on [date of adoption].

Appendix A. Process for Obtaining Variances.

Farm Structures/Municipal Setbacks: Variances

(a) A complete petition for an alternative setback shall include:

(1) the location of the parcel, and contact information where the applicant can be reached for additional information or clarification;

(2) a detailed description of the farm operation and description of how the applicant is engaged in Required Agricultural Practices as defined in Section 3 of the RAPs;

(3) a statement of the reason why less restrictive setbacks are necessary and why the setback is the least deviation possible to provide relief;

(4) a copy of the zoning ordinance governing the tract on which the structure will be built outlining the setback requirements or a letter from the municipality with the required setback information;

(5) the name and contact information for your town's Zoning Administrator or Town Clerk, including an affirmative statement that the town has been notified of the intent to construct a Farm Structure;

(6) a plan of the existing structure(s) and proposed structure(s) showing the distance to all property lines from the furthest projection of the structure, including overhangs. For property lines along highway rights-of-way, measure the setback appropriately as outlined in the municipal regulations;

(7) name(s) and address(es) of the affected adjoining property owner(s) and a description of each adjoining land use;

(8) any letter(s) from adjoining landowners where applicable; and

(9) certification that the farm is in compliance with all Required Agricultural Practices rules.

The Secretary bases his or her decision on facts provided by the petitioner. Failure to provide information to the Secretary could result in denial of request.

(b) Public Notice and Issuance Requirements The Secretary will notify the municipality in writing by certified mail and copy the affected adjoining property owner(s) of his or her intent to consider a petition for an alternative setback. The notification shall include a description of the proposed project, submitted plan, and shall be accompanied by information that clearly states where additional information may be obtained. The Secretary will request that the notice be posted in a public place in the municipal office.

Any comments resulting from this posting or from the municipality must be received in writing at the Agency by 4:30 p.m. on the seventh business day following receipt of the notice.

(c) Standards The Secretary may grant a petition for an alternate setback or grant a petition for an alternate setback with conditions, except as otherwise outlined in this rule or statutorily required, when:

(1) there are unique existing physical conditions or exceptional topographical or other physical constraints peculiar to the particular property that would create a hardship for the farm operation;

(2) because of such physical conditions or constraints, there is no possibility that the property can be developed in strict conformity with the provisions of this rule and that the authorization of an alternative setback is therefore necessary to enable the reasonable operation of the farm;

(3) the hardship has not been created by the applicant;

(4) the alternative setback, if authorized by the Secretary, will not substantially or permanently impair the appropriate use or development of adjoining property, nor be detrimental to the public health, safety, and welfare; and

(5) the variance, if authorized by the Secretary, will represent the minimum alternative that will afford relief and will represent the least deviation possible from this rule.

• The Agency cannot approve alternate setbacks from State wetland regulations, nor approve construction within Highway rights-of-way.

Roles of Other State Agencies: Information Public Drinking Water Supplies and Wastewater Management: Nutrients, sediment, organic matter, and microorganisms may also impact drinking water supplies derived from surface waters. Farm operations should be aware of the locations of surface drinking water source intakes and appropriately manage agricultural activities to reduce potential negative impacts. Information regarding public water supplies as well as information pertaining to wastewater systems requirements may be obtained at (802) 828-1535.

Wetlands: Farm operations should be aware of existing rules pertaining to wetlands under state and federal jurisdiction. The Natural Resources Conservation Service, U.S. Army Corps of Engineers, and the Vermont Department of Environmental Conservation coordinate all agriculture and wetland issues in Vermont. It is strongly suggested that landowners contact the U.S. Army Corps of Engineers at (802) 872-2893 and the Vermont Department of Environmental Conservation at (802) 828-1535 before initiating farm-related projects in or near wetlands.

Construction of New Farm Structures: Construction of new farm structures, specifically buildings and other farm-related structures, or other construction on the farm that disturb one or more acres of land, must obtain authorization from the ANR before commencing with land disturbance or construction activities. Approval will be issued by the ANR upon receipt of a Notice of Intent (NOI) which certifies that adequate measures for the control of erosion and sedimentation will be used during land disturbance and construction efforts. Persons needing additional information about the Construction General Permit or NOI concerning one or more acres of land disturbance are advised to contact the Watershed Management Division of the Vermont Department of Environmental Conservation's Environmental Assistance Hotline at 1-800-974-9559. Authorization by the ANR is not needed for construction or land disturbance related to cultivation, irrigation, drainage, and fencing.

Flood Hazard Area and River Corridor General Permit: An ANR General Permit for activities exempt from municipal regulation in Flood Hazard Areas and River Corridors may be required. The primary purpose for the General Permit is to fully implement the Vermont Flood Hazard Area & River Corridor Rule (effective 03/01/2015) which requires the Agency to regulate activities exempt from municipal regulation in Flood Hazard Areas and River Corridors. These activities include state-owned and operated institutions and facilities, required agricultural and silvicultural practices, and power generating and transmission facilities regulated under 30 V.S.A. §§ 248 and 248a. More information can be obtained by calling (802) 828-1535.

Solid and Hazardous Waste Management: Farm operations are required to manage all wastes generated on the farm consistent with all applicable solid waste rules and hazardous waste rules. Information regarding the proper management, storage, and disposal of hazardous waste, universal waste, used oil, and petroleum products can be obtained from the Vermont Waste Management & Prevention Division by calling (802) 828-1138. Information regarding the proper management, storage, and disposal of pesticidal waste and empty pesticide containers can be obtained from the Vermont Agency of Agriculture, Food and Markets by calling (802) 828- 2431. On-farm composting or anaerobic digestion of food residuals and food processing residuals may require registration or permitting by the Vermont Waste Management & Prevention Division. More information can be obtained by calling (802) 828-1138.

Wastewater Management and Residuals Management: Farm operations generating wastewater indirect discharges or discharges to underground injection wells are advised that permits may be required from the Department of Environmental Conservation Watershed Management Division or Groundwater Protection and Management Division. The management of sewage, biosolids, and septage on a farm must be conducted consistent with the Vermont Solid Waste Management Rules and any Solid Waste Management Facility Certification authorizing these activities. Information regarding these requirements can be obtained by calling (802) 828-1535.

Water Withdrawal and Irrigation: Farm operations utilizing surface waters for irrigation purposes are advised that water withdrawals above a de minimis rate are required to obtain a permit from the Department of Environmental Conservation consistent with the Procedure for Determining Acceptable Minimum Stream Flows. More information regarding water withdrawals for irrigation purposes and permitting requirements can be obtained by calling the Watershed Management Division at (802) 828-1535.

Alteration of Streams: Stream alteration permits regulate activities that take place in or along streams. The permit program is intended to prevent the creation of flood hazards, protect against damage to aquatic life, and protect the rights of neighboring landowners. The types of activities that are regulated include streambank stabilization, road improvements that encroach on streams, bridge construction or repair, and utility crossings under streambeds. More information regarding stream alteration and permitting requirements can be obtained by calling the River Management Division at (802) 828-1535.

Spill Prevention, Control, and Countermeasure (SPCC): EPAs oil pollution prevention regulation requires facilities that are subject to regulation to prepare and implement a plan to prevent any discharge of oil into navigable waters or adjoining shorelines of the U.S.A farm must prepare a SPCC Plan if it has an aggregate aboveground storage capacity of greater than 1,320 gallons. Only containers of oil with a capacity of 55-gallons or greater are counted toward this aggregate capacity threshold. The plan is referred to as a Spill Prevention, Control, and Countermeasure (SPCC) plan. More information regarding SPCC and permitting requirements can be obtained by calling the Environmental Assistance Office at 1(800) 974-9559.

History

• EFFECTIVE DATE:
• June 29, 1995 Secretary of State Rule Log #95-38
• AMENDED:
• April 24, 2006 Secretary of State Rule Log #06-012; December 5, 2016 Secretary of State Rule Log #16-056; November 23, 2018 Secretary of State Rule Log #18-043
• STATUTORY AUTHORITY: 6 V.S.A. Ch. 215, including § 4810, 4810a, 4811

Chapter 009 BEST MANAGEMENT PRACTICES RULES

20-009 Code Vt. R. 20-010-009-X BEST MANAGEMENT PRACTICES RULES

Section 1 GENERAL

1.1 Purpose

It is a policy of the State of Vermont to assist farmers with the implementation of Best Management Practices that will protect and maintain water quality by reducing agricultural nonpoint source pollution. The implementation of Best Management Practices is subsequent to the implementation of Accepted Agricultural Practices.

1.2 Authorities: Sections 4810, 4821, 4822, 4823, 4824

Section 2 DEFINITIONS

2.1 AAPs means "accepted agricultural practices" as defined in rule by the commissioner of agriculture, food and markets pursuant to 6 V.S.A., Chapter 215.

2.2 Agricultural nonpoint source waste means wastes that reach the waters of the state via indirect discharge in a diffuse manner as a result of agricultural practices.

2.3 BMPs means best management practices. Best management practices are site specific on-farm remedies implemented either voluntarily or as required in order to address water quality problems and in order to achieve compliance with state water quality standards.

2.4 Commissioner means the commissioner of agriculture, food and markets.

2.5 Department means the department of agriculture, food and markets.

2.6 Farmer means:

(a) an agricultural producer eligible for federal agricultural conservation program or Public Law 83-566 cost share assistance or programs that succeed those programs; or

(b) a person engaged in farming as defined by the Accepted Agricultural Practice Rules.

2.7 FSA means the "farm service agency" of the U.S. Department of Agriculture.

2.8 NRCS means the "natural resource conservation service" of the U.S. Department of Agriculture.

2.9 Secretary means the secretary of the Vermont Agency of Natural Resources, or his or her designated representative.

2.10 Vermont Phosphorus Models means models developed by the natural resource conservation service to predict phosphorus loading to waters of the State from agricultural nonpoint sources.

2.11 Waters or Waters of the State means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs and all bodies of surface waters, artificial or natural, which are contained within, flow through or border upon the state or any portion of it.

Section 3 WATERSHED TREATMENT PRIORITIES FOR VOLUNTARY IMPLEMENTATION OF BMPs

3.1 State financial assistance available under this rule shall be allocated in each fiscal year according to the following priorities, except as provided by subsection 3.8.

3.2 The boundaries of the Lake Champlain Basin and the Lake Memphremagog Basin are those defined by the state water quality plan prepared by the Vermont Agency of Natural Resources.

3.3 First priority shall be given to funding BMP implementation on individual farms:

(a) in the Lake Champlain Basin or the Lake Memphremagog Basin; and

(b) that cannot implement AAPs because of physical constraints on the farm; and

(c) for which contracts or agreements for animal waste management systems have been approved by the NRCS or the FSA; and

(d) in descending order of magnitude of their potential to load phosphorus to waters of the State based on models such as the Vermont Phosphorus Models developed by the NRCS; or

(e) in descending order of magnitude of their potential to load agricultural nonpoint source wastes other than phosphorus to waters of the state.

3.4 Second priority shall be given to funding BMP implementation on individual farms:

(a) outside the Lake Champlain Basin or the Lake Memphremagog Basin; and

(b) that cannot implement AAPs because of physical constraints on the farm; and

(c) for which contracts or agreements for animal waste management systems have been approved by the NRCS or the FSA; and

(d) in descending order of magnitude of their potential to load agricultural nonpoint source wastes to waters of the State.

3.5 Third priority shall be given to funding BMP implementation on individual farms:

(a) located within the boundaries of the Lake Champlain Basin or the Lake Memphremagog Basin; and

(b) that wish to make improvements to control nonpoint source pollution on the farm; and

(c) for which contracts or agreements for animal waste management systems have been approved by the NRCS or the FSA; and

(d) in descending order of magnitude of their potential to load phosphorus to waters of the State based on models such as the Vermont Phosphorus Models developed by NRCS; or

(e) in descending order of magnitude of their potential to load agricultural nonpoint source wastes to waters of the State.

3.6 Fourth priority shall be given to funding BMP implementation on all other individual farms:

(a) that are located outside the boundaries of the Lake Champlain Basin or the Lake Memphremagog Basin; and

(b) that wish to make improvements to control nonpoint source pollution on the farm; and

(c) for which contracts or agreements for animal waste management systems have been approved by the NRCS or the FSA; and

(d) in descending order of magnitude of their potential to load agricultural nonpoint source wastes to waters of the State.

3.7 Fifth priority shall be given to funding BMP implementation on other individual farms located anywhere in the state:

(a) for animal waste management systems which have not been approved for cost sharing by the NRCS or the FSA and where these animal waste management systems have been designed and certified by a professional engineer licensed in the State of Vermont to be equivalent to the performance standards contained in Sections 4.1(a) or

(b) of these rules; and

(b) in descending order of magnitude of their potential to load agricultural nonpoint source wastes to waters of the State.

3.8 Exceptions. The commissioner may award financial assistance under this section for BMPs on a farm that otherwise would not receive assistance under the priorities established in this section when the commissioner determines a severe condition of nonpoint source waste discharge exists that requires immediate abatement. Financial assistance will be awarded only if the farmer has not been notified in writing by either the state or the federal government that a specific practice must be performed to avoid enforcement actions being taken against the farmer.

Section 4 BMPs ELIGIBLE FOR COST SHARING

4.1 BMPs shall be eligible for cost sharing provided that they meet one of the following:

(a) are components of the following BMP Systems contained in the NRCS's National Handbook of Conservation Practices that are eligible for cost share funding including, but not limited to: permanent vegetative cover; animal waste management; stripcropping; terraces; diversions; pasture and hayland management; waterways; cropland protection; conservation tillage; stream protection; permanent vegetative cover on critical areas; sediment retention, erosion or water control structures; tree planting; nutrient management; or conservation cropping; or

(b) are the FSA Agricultural Conservation Program-eligible practices that are defined in the FSA's handbook "1-ACP (Rev. 3) Amend. 3" or as subsequently amended; or

(c) infrastructure that is designed and certified by a professional engineer licensed in the State of Vermont to be equivalent to the performance standards of those practices contained in subsections (a) or (b); or

(d) are integrated crop management systems designed to achieve the source reduction of nonpoint source agricultural wastes that are developed by certified crop advisors or other agricultural professionals such as, but not limited to, the University Extension Specialists; and

(e) are consistent with a "nutrient management plan" prepared by the Vermont field office of the NRCS, or with an animal waste management plan based on standards equivalent to those of the NRCS.

Section 5 STATE FINANCIAL ASSISTANCE AWARDS AND APPLICATION PROCESS

5.1 State financial assistance awarded under this section shall be in the form of a grant. When a state grant is intended to match federal financial assistance for the same on farm improvement project, the state grant shall be awarded only when the available federal financial assistance has also been approved or awarded and where the applicant has agreed to accept the maximum federal financial assistance available. An applicant for a state grant shall pay at least 15 percent of the total eligible project cost. The dollar amount of a state grant shall be equal to the total eligible project cost, less 15 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded or awards from other sources, except that a state grant shall not exceed 35 percent of the total eligible project cost where federal funds will be matched with the state grant. When there will be no federal funds to match the state grant, the state grant shall not exceed 50 percent of the total eligible project cost.

5.2 Applications shall be considered by the commissioner on the basis of the watershed treatment priorities established in Section 3 of these rules.

5.3 Farmers seeking funding under this program shall file the following information:

(a) For those farmers who also seek federal financial assistance for this purpose:

(1) a photocopy of the completed USDA form or forms for BMP cost share assistance; and

(2) the department's BMP Grant Application Form 1.

(b) For those farmers who decline federal financial assistance for implementation of BMPS:

(1) the department's BMP Grant Application Form 2.

5.4 The BMP Grant Application Form 1 shall contain the following information: FSA farm number, farmer name, location, statement of need. The BMP Grant Application Form 2 shall contain the following information: farm number, farmer name, location, description of the practice according to the standards set out in Section 4.1(c) of these rules, statement of need, estimated practice cost, cost share amount requested, and expected construction date.

5.5 Applications that are filed on or before October 1 of each year shall be given priority for funding in the next calendar year pursuant to the priorities contained in Section 3 of these rules.

5.6 Approval for State cost sharing for BMPs under these rules shall be obtained prior to commencement of construction of the BMP for which cost sharing is requested, except that between the effective date of these rules and March 30, 1996 the commissioner may award grants according to the priorities established in Section 3 for eligible BMPs on which construction was started on or after April 26, 1995.

Section 6 OPERATION AND MAINTENANCE CONTRACTS

6.1 Awards of funding for BMP implementation shall require that the BMP be operated and maintained under contract or agreement for the design life of the practice under contract or agreement, but not to exceed 10 years.

6.2 Contracts for state grants awarded to an applicant shall be awarded in accordance with state contract containing terms substantially the same as those required for receipt of federal award for the same purpose from the U.S. Department of Agriculture.

6.3 The contract will include provisions relating to Departmental oversight of the BMP's construction, certification of its construction as designed, and compliance monitoring of its operation. In cases where the federal government has also cost shared the BMP, the contract will establish responsibility of the involved agencies for these activities.

6.4 Failure to operate and maintain the BMP as specified in the contract will expose the recipient to state penalties including the obligation to repay the value of the grant remaining at such time as the commissioner determines that the contract has been violated.

6.5 Operation and maintenance of a BMP system for the term of the contract shall be the responsibility of the BMP grant recipient.

Section 7 PROCESS FOR PETITIONING TO REQUIRE BMPs

7.1 General

The commissioner, upon receipt of a petition from a person with an interest in the agricultural nonpoint source component of the basin planning process, or on his or her own motion, shall determine whether to require BMPs beyond AAPs on farms or in a specific basin in order to achieve compliance with the water quality goals in section 1250 of Title 10 and any duly adopted basin plan.

7.2 Sufficient Financial Assistance

If at any time implementation of a BMP is required by the commissioner in order to correct a water quality violation or to achieve compliance with water quality standards in adjoining reaches of waters, receipt by a farmer of a grant of 85 percent of the total cost of a BMP's design, construction and the auxiliary equipment necessary to operate the system(s) from federal, state, or other sources shall be considered by the commissioner to constitute sufficient financial assistance as required by 6 V.S.A. § 4810. The commissioner may consider the farmer's ability to pay and determine that a contribution of less than 15 percent of the total BMP cost by the farmer is allowed in some circumstances.

7.3 Content of Petitions

Any petition shall be in writing and shall contain the following information unless waived in writing by the commissioner.

(1) The name and complete mailing address of the farmer(s) whose actions violate water quality standards;

(2) Documentation of the water quality violation including a study conducted in accordance with the Environmental Protection Agency's quality assurance quality control program standards for the Clean Water Act and research or evaluative studies. The data must reasonably demonstrate that there is a correlation between the water quality violation and the farmer(s)' practices.

(3) A description of the specific action(s) sought by the petitioner citing the applicable provisions of these rules and state law;

(4) A detailed narrative of why the corrective action(s) sought by the petition is consistent with these rules including a discussion of which AAP(s) is insufficient land treatment; and

(5) Copies of all documents that the petitioner intends to rely upon in support of the petition.

7.4 Determination of Complete Petition

Upon the initial filing of the petition the commissioner may determine that additional information is necessary. Within 15 days of receipt of the petition the commissioner shall notify the petitioner of the required information. At the same time, the commissioner shall notify the petitioner of persons who shall receive the petition as provided by Section 7.5(d) of these rules. Upon receipt of that information, the petition shall be deemed to be complete and the review and hearing process as contained in subsection 7.6 shall start.

7.5 Petition Distribution

The petitioner shall, in addition to filing an original and three (3) copies with the commissioner, certify by affidavit that a complete copy of the petition and documentation has been filed with:

(a) the farmer(s) who are the subject of the petition;

(b) the secretary;

(c) the water resources board; and

(d) other persons as the commissioner deems appropriate.

7.6 Review and Hearing Process

(1) The commissioner shall schedule a public hearing within 60 days of receipt of the complete petition. The commissioner shall provide notice of the petition and the public hearing to all persons required to be served by Section 7.3 as well as to such other persons as he or she deems appropriate. The commissioner shall also publish notice at the petitioner's expense of the petition and hearing in a local newspaper generally circulating in the area where the farm(s) is located not less than 30 days before the public hearing. Such notice shall provide not less than 30 days in which to file written comments on the petition.

(2) The commissioner shall hold a public hearing in the community in which the farm which is the subject of the petition is located within 60 days of the filing of the petition.

7.7 Notice of Decision

The commissioner shall make all practical efforts to issue a written decision in a timely manner. The decision shall set forth the facts and reasons supporting his or her decision. The commissioner shall provide copies of the decision to all persons entitled to receive notice under subsections (5) and (6) above.

7.8 Appeal

Any person engaged in farming who has been required by the commissioner to implement best management practices or any person who has petitioned the commissioner under this section may appeal the commissioner's decision to the water resources board de novo.

Section 8 PHOSPHORUS LOADING REDUCTION CREDITING

8.1 The department's 1995 Vermont Dairy BMP Survey shall create the baseline data for determining phosphorus reduction credits for discontinuing winter spreading of manure within the Lake Champlain Basin.

8.2 The following practices shall be used to determine environmental credits for phosphorus reduction measured at the edge of the field following BMP implementation as part of a lake phosphorus allocation process:

(a) Milk house waste treatment is the storage of the waste in an animal waste treatment system, treatment through a filter strip or other system designed and constructed for such treatment.

(b) Waste utilization is a planned system to manage liquid and solid wastes, including runoff from concentrated waste areas, with ultimate disposal in a manner that does not degrade soil or water resources.

(c) Barnyard runoff treatment is a system to collect, control, and treat agricultural wastes from barnyards, feedlots, and other outdoor livestock concentration areas for disposal in a non-polluting manner. Its purpose is to properly manage runoff from barnyards and related areas to minimize degradation of water quality and to conserve nutrients for use in crop production.

(d) Erosion control is a system to reduce soil erosion and water pollution on sloping cropland to reduce overland transport of pollutants.

(e) Grazing management is the exclusion of livestock from waters of the state other than from planned watering points.

(f) Nutrient management is handling the amount, placement and timing of plant nutrient application including a prohibition on winter spreading and is intended to supply adequate plant nutrients for crop production and plant growth; to minimize entry of nutrients and pathogens to surface and ground water; and to maintain or improve the chemical and biological conditions of the soils.

(g) A one-time phosphorus credit. because of a prohibition on winter spreading of animal manures (between December 15 and April 1) as required by the AAPs, shall be calculated at 0.15 pounds of phosphorus per animal unit for all farms identified as winter spreading in the department's 1995 Vermont Dairy BMP Survey.

8.3 The numerical values and the basis for determining phosphorus reduction credits for practices identified in subsection 8.2 of these rules will be contained in a procedure adopted and periodically revised, as necessary, by the commissioner in consultation with the secretary. The credits shall be used to show progress towards attaining compliance with the phosphorus allocation plan necessary to meet in-lake standards for phosphorus within the Lake Champlain Basin.

Section 9 REPORTS

Annually by January 15 of each year, the commissioner shall report to the general assembly regarding activities in support of the objectives of this rule, including use of state, federal and private funds:

(1) undertaken during the preceding fiscal year;

(2) in progress during the current fiscal year;

(3) projected for the following fiscal year; and

(4) remaining to be undertaken after the following fiscal year.

History

• EFFECTIVE DATE: January 27, 1996 (Secretary of State Rule Log #96-05)
• AUTHORITY: 6 V.S.A., §§ 4810, 4821, 4822, 4823, 4824

Chapter 010 LARGE FARM OPERATIONS (LFO)

20-010 Code Vt. R. 20-010-010-X LARGE FARM OPERATIONS (LFO)

SUBCHAPTER 1 Authority

These Large Farm Operations (LFO) Rules are adopted under the express authority of 6 VSA Chapter 215 Subchapter 3 Section 4852. The Secretary is given authority under 6 VSA Chapter 215 (a)(10) to adopt rules pursuant to 3 VSA Chapter 25, for the implementation of the provisions of 6 VSA Chapter 215, Subchapter 4.

SUBCHAPTER 2 Declaration of Purpose

These Rules establish procedures and standards for the preparation and review of large farm operations permit applications, the issuance of permits for the operation the expansion of large farms, the construction of new buildings, or the expansion of existing buildings for large farm operations in Vermont. These Rules also establish procedures and standards for permit amendments, permit compliance, and permit enforcement.

The original LFO Rule framed how a farmer should apply for a LFO Permit. In this 2007 Rule revision, the Agency has added to the framework of these rules direction on maintaining the facility once permitted.

The LFO program is designed to achieve the legislative and administrative purposes of 6 VSA Chapter 215. The Vermont Agency of Agriculture, Food, and Markets intends that these Rules will also prescribe criteria that will cause a Vermont LFO to be managed in a manner which achieves at least a functionally equivalent technical standard as required by federal Concentrated Animal Feeding Operations (CAFO) regulations.

These Rules apply to all large farm operations in Vermont. Large farm operations are required to comply with these Rules, the farm's Large Farm Operations permit, and any additional conditions or requirements as specified by the Secretary in accordance with state law.

These Rules shall also apply to all large farm operations that meet the definition of a Large Farm, but are not yet permitted.

SUBCHAPTER 3 Definitions

For the Purposes of These Rules: 25 year. 24 hour rain event: means the maximum 24 hour precipitation event with a probable recurrence interval of once every 25 years, as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States", May 1961 and subsequent amendments, or equivalent regional or state rainfall probability information developed there from.

AAFM: means the Vermont Agency of Agriculture, Food, and Markets.

AAPs: means Vermont's Accepted Agricultural Practice Regulations adopted pursuant to Title 6, Chapter 215.

AFO: means an animal feeding operation.

Adjacent Barns: means two or more barns owned by the same person that are on a single parcel of land.

Agency: means the Vermont Agency of Agriculture, Food, and Markets; also means AAFM.

Animal Feeding Operation: means a lot or a facility which has animals that have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility where animals are confined.

Animal Type: means livestock or domestic fowl type.

Applicant: means a person applying for, or required to apply for, a LFO permit under Vermont law.

Barn: means a structure used for livestock or domestic fowl housing.

Certified Nutrient Management Planner: means an individual certified through the completion of the USDA/NRCS nutrient management certification process that creates, reviews, and modifies NMPs.

Common Border: means land parcels upon which barns owned by the same person are located when the land parcels abut each other (those divided by a road are considered abutting). "Roads" include town roads, state roads, and US roadways. Barns separated by a parcel of land owned by a third person do not share a common border.

Common Waste Disposal System: means a shared waste management system for the storage, treatment, or the land application of waste from farms owned by the same person.

Common Waste Storage System: means shared manure storage lagoons, pits, or other structures, owned or leased by a single farming entity (individual or owners within a corporation), which is/are located adjacent to or on the LFO barn site.

Conservation Practice: means a specific treatment used to address a specific natural resource need and can be structural, vegetative, or land management.

Construction: means any activity which requires a LFO permit or permit amendment prior to building a new barn, or expanding an existing barn, or expanding an existing permitted barn which has the capacity to increase the number of livestock or domestic fowl housed, and regulated by 6 VSA Chapter 215 Subchapter 3, Regulation of Large Farm Operations at a farm.

Cropland: means land devoted to row crop, or pasture production.

Dirty Water: means precipitation or other water which has moved in, over or through a barnyard, manure, or other nutrient or pathogen laden matter, so that they have become co-mingled.

Discharge: for the purpose of these LFO Rules, means the placing, depositing, or emission of waste directly into surface water.

Domestic Fowl: means laying-hens, broilers, ducks, turkeys, and any other number and type of fowl that the Secretary may deem to fit this category.

Expansion: means a type of LFO activity which requires a LFO permit or amendment in order to increase the number of animals or domestic fowl of an existing farm operation. An expansion may occur with or without construction:

(a) when the number of animals or domestic fowl are below the threshold defined in the LFO law and an expansion is proposed which would cause the farm operation to have the potential to meet or exceed the LFO threshold; or

(b) when the existing number of animals or domestic fowl is at or above the threshold defined in the LFO law and an expansion is proposed, which could cause the farm to meet or exceed the permitted number of animals or domestic fowl.

Facility: see LFO Facility.

Farm: means the LFO facility, cropland, and non-cropland included in one or more parcels of land.

Groundwater: For the purpose of these Rules, means water below the land in a zone of saturation, but does not include surface water.

Groundwater Quality Standards: means the primary and secondary groundwater quality standards listed in Appendix One of the Groundwater Protection Rule and Strategy adopted by the Secretary of Natural Resources in accordance with 10 V.S.A. Chapter 48.

LFO: means Large Farm Operation(s).

LFO Facility: means the production area, the barns, the land devoted to waste storage and other agricultural structures, including those created as waste management systems constructed to prevent direct discharges to waters of the state or to prevent groundwater from exceeding state groundwater quality standards, designed, adapted, or used to operate a farm in which the barn or barns are designed to house more than:

700 mature dairy animals, whether milked or dry; or

700 bulls; or

1000 cattle, cow/calf pairs, young stock, or heifers; or

1000 veal calves; or

2500 swine weighing over 55 pounds; or

10,000 swine weighing less than 55 pounds; or

500 horses; or

10,000 sheep or lambs; or

55,000 turkeys; or

30,000 laying hens with a liquid manure handling system; or

82,000 laying hens without a liquid manure handling system;

125,000 chickens other than laying hens without a liquid manure handling system; or

5000 ducks with a liquid manure handling system; or

30,000 ducks without a liquid manure handling system; or any other animal type and number that the Secretary may deem to fit this category if:

Such livestock or domestic fowl are confined: for more than 45 days; and in an area where vegetation is not sustained during the growing season; and

2. Such livestock or domestic fowl are in a barn or adjacent barns owned by the same person; or

The barns, collectively designed to house the threshold number of livestock or domestic fowl, owned by the same person, share a common border or

4. The barns, owned by the same person, which have the potential to collectively house the threshold number of livestock or domestic fowl, share a common waste disposal system; or,

5. If any barns, owned by any person, where the threshold number of livestock or domestic fowl are collectively housed, share a common waste disposal system or fields.

Land Application Area: means land under the control of an AFO operator, whether it is owned, rented, or leased, excluding the production area, to which wastes from the production area are or may be applied.

Livestock: means cattle, mature cows, cow/calf pairs, young stock, heifers, bulls, swine, sheep, or horses, or any other number and type of livestock that the Secretary may deem to fit this category.

NRCS: means United States Department of Agriculture (USDA) Natural Resources Conservation Service.

New Large Farm Barn: means new barn construction on a site or parcel where no animal housing structures exist. Also called NLFB.

Non-cropland: means woodland or other areas where crop or pasture production does not occur.

Nutrient Management: means managing the amount, form, placement, and timing of application of plant nutrients for the purpose of obtaining optimum forage and crop yields, minimizing entry of nutrients into waters of the state and groundwater, and optimizing economic use of nutrients generated on and off the farm.

Nutrient Management Plan: means the system by which animal waste generation, storage, and use is handled for the purpose of obtaining optimum forage and crop yields including the management aspects of fertilizer nutrients, conservation practices, animal mortalities, clean water, waste and soil testing, and record keeping. Also called NMP.

Operating : means a type of activity which requires a permit for large farm activities regulated by 6 VSA Chapter 215 Subchapter 3.

Pasture: means a confined area of perennial vegetation used for the grazing and confinement of animals.

Permittee: means a person that has received a LFO permit.

Person: means:

(a) an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership; or

(b) a municipality or state agency; or

(c) individuals and entities affiliated with each other for profit, consideration or any other beneficial interest derived from agricultural land management.

Production Area: means those parts of a LFO facility that include the animal confinement area, the waste storage area, the waste containment areas, an egg washing or egg processing facility, the raw materials storage area, and any area used in the handling, treatment, or storage of mortalities.

Secretary: means the Secretary of the Agency of Agriculture, Food, and Markets.

VT Water Quality Standards: means the standards and criteria adopted by the Natural Resources Board, pursuant to 10 VSA Chapter 47 Section 1252(e).

Waste: For the purposes of these LFO Rules, waste includes spoiled feed, manure, milkhouse waste, washwater, leachate, used bedding, agricultural litter, carcasses, barnyard runoff, or dirty water.

Waste Management Structure: Means components, practices and other facilities used for storage, composting, and stacking manure.

Waste Management System: means a waste management program and conservation practices which include, but are not limited to, a combination of:

1. an adequately sized waste storage facility, field stacking, composting, leachate control system, and milk house waste system.

2. contracts which transfer the ownership of wastes generated at a production area to another party for management in a manner determined by the Secretary to be appropriate; and/or

3. a nutrient management plan (NMP) for all wastes to be applied compliance with these Rules.

Waste Storage Facility: means an impoundment made for the purpose of storing waste by constructing an embankment, excavating a pit or dugout, fabricating an in-ground or above-ground structure, or any combination thereof.

Waste Storage System: means manure storage lagoons, pits, fields, or other farm waste management structures.

Waters of the State: For the purposes of these LFO Rules, means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, which are contained within, flow through or border the state or any portion of it.

SUBCHAPTER 4 Activities that Trigger the Requirement to Obtain a LFO Permit

A. The following large farm construction or operation activities require a Large Farm Operation permit from the Agency:

1. The construction or expansion of a barn designed to house more than the number of animals or domestic fowl listed under the definition of Large Farm in subchapter 3 above; or

2. The construction or expansion or operation of any number of barns owned by the same person which are located on a contiguous parcel of land and which are designed to house more than the number of animals or domestic fowl listed under the definition of Large Farm in subchapter 3 above; or

3. The construction or expansion or operation of any number of barns owned by the same person which are located on parcels of land which share a common border (such as abutting lands or lands separated by a road), and which barns are designed to house more than the number of animals or domestic fowl listed under the definition of Large Farm in subchapter 3 above; or

4. The construction or expansion or operation of any number of barns owned by the same person which share a common waste management system (such as manure storage, land application areas or methane digestion systems) and which barns are designed to house more than the number of animals or domestic fowl listed under the definition of Large Farm in subchapter 3 above.

B. For barn construction and for farm operation, the Agency will process a single LFO permit for persons who apply for or are required to obtain a LFO permit.

C. An LFO permit which authorizes construction shall expire within two years (twenty-four months) from the date of issuance. If construction is not substantially completed within 24 months, the permittee shall apply for a permit amendment to extend the authorized construction period.

D. A permit or amendment to a previously issued LFO permit is not required to replace an existing barn in use for livestock or domestic fowl production at its existing capacity.

SUBCHAPTER 5 Applications and Review

A. How to Apply for a LFO Permit

1. An applicant shall apply for a LFO permit in writing to the Secretary, on a form provided by the Agency, and shall, at a minimum, provide supporting documentation describing or including the following:

a. The name of the owner and operator;

b. The LFO facility location and mailing address;

c. A topographic map of the geographic area in which the LFO is located showing the latitude and longitude of the entrance to production area or proposed production area;

d. The existing barn structures, any proposed new barn proposed barn expansions, or other structures or improvements. Include a sketch which identifies the layout of existing and proposed barns, bunkers, lagoons, pits, etc. The number of animals and their weights shall be identified along with an indication of which barn each group is raised in, and into which waste storage facility each group's waste is stored. If any changes to existing farm structures are proposed, these changes shall be identified on the sketch, and a short explanation of the changes shall be included;

e. Identify and describe any siting and setback considerations for new large farm barns, where appropriate;

f. The existing type of waste management structures or systems, and any proposed waste management structures systems expansions, or modifications, including the total capacities of each waste storage facility;

g. The existing number and types of all livestock or domestic fowl in the operation, and any proposed increase in number of livestock or domestic fowl, and whether the barns are in open confinement or housed under roof;

h. The farm's nutrient management plan;

i. A certification from NRCS or a professional engineer licensed in the state of Vermont, that all waste storage facilities or other conservation practices designed and constructed to control wastes at the LFO facility meet NRCS standards and specifications contained in the Vermont NRCS Field Office Technical Guide Section IV, as amended, or meet an equivalent standard;

j. A plan to manage the proposed operations for odor, noise, traffic, insects, flies and other pests;

k. How a minimum of 180 days worth of waste storage or management shall be met;

l. The estimated amounts of waste generated per year (tons or gallons) and the planned destination thereof;

m. The estimated amounts of waste transferred to other persons per year (tons or gallons); and,

n. The total number of acres under control of the permittee available for land application of wastes.

B. Application Review Process

1. Administrative Coordination for Applications for Construction of a New Large Farm Barn:

a. Upon receipt by the Agency of a signed permit application form and the information required above for construction of a new large farm barn, the Secretary shall consult at this stage with the Secretary of the Agency of Natural Resources regarding the administrative completeness of the application.

b. When all application contents have been submitted to the satisfaction of the AAFM and to the Secretary of the Agency of Natural Resources, the application will be considered to be administratively complete, and a full review of the application will commence.

c. Also upon receipt by the Agency of a signed permit application form and the information required above for construction of a new large farm barn, the Secretary shall initiate establishing an Advisory Group to assist in reviewing a complete application, by notifying and requesting participation of:

i. the Secretary of Natural Resources or his or her duly authorized representative;

ii. a farmer appointed by the Office of the Governor; and

iii. a representative appointed by the legislative body of the municipality in which the proposed LFO facility would be located. Such representative shall be appointed by the legislative body but need not be a resident of the municipality.

d. The Secretary's notice shall provide the name and location of the proposed barn, and shall state that the request for appointments is being made early in the process.

e. The Secretary will notify the appointees directly at the point in time when the Advisory Group has established a meeting date, and will invite them to assist the Agency in reviewing the application at that time.

f. The Advisory Group shall meet as determined by the Secretary to review the application, and provide recommendations to the Secretary.

g. The Secretary may establish the advisory group pursuant to this subsection upon receipt of a permit application for expansion of an existing barn under this subchapter.

Public Informational Meeting for LFO Applications for Construction of a New Large Farm Barn and for Expansions

a. The Agency shall conduct a public informational meeting for LFO projects which propose a new barn construction.

b. The Agency may conduct a public informational meeting for LFO projects which propose a barn expansion, if the barn is already subject to permitting requirements.

c. Public informational meetings shall only be scheduled and held after the Secretary has notified the applicant that the application has been deemed administratively complete.

d. After having been notified by the Secretary that the application is administratively complete, the applicant shall initiate the newspaper notice.

e. The applicant shall find a location for the informational meeting and schedule the public informational meeting after coordinating with the Agency. Informational meetings shall be held in handicapped accessible locations, in the municipality where the proposed LFO project is located.

f. The applicant shall coordinate public notification of the LFO project and the public informational meeting by issuing a notice through a local daily newspaper that has been approved by the Secretary.

g. The applicant shall use and modify the sample notice found in Appendix A. Other forms of notice shall be approved in advance by the Secretary.

h. The published advertisement shall be at least two (2) columns wide by three (3) inches high.

i. The notice shall appear in the local daily newspaper once, at least 14 days prior to the public informational meeting.

j. The purpose of the public informational meeting shall be to provide an opportunity for the public to learn about the proposed project.

k. The public may submit written comments to the Agency about a proposed LFO project for five (5) business days after a public informational meeting.

l. The Secretary may use an abbreviated notice process if holding a discretionary meeting.

Establishing an Advisory Group when the Secretary receives an application for construction of a new large farm barn.

a. Upon receipt by the Secretary of a permit application for construction of a new large farm barn under this subchapter, the Secretary shall establish an Advisory Group to assist in reviewing the application. The advisory group shall consist of, in addition to the Secretary, the Secretary of Natural Resources or his or her duly authorized representative, a farmer appointed by the governor, and a representative appointed by the legislative body of the municipality in which the proposed LFO facility would be located. Such representative shall be appointed by the legislative body but need not be a resident of the municipality. The Secretary may establish the advisory group pursuant to this subsection upon receipt of a permit application for expansion of an existing barn under this subchapter.

b. The Secretary may convene an Advisory Group when the Secretary receives an application for expansion of an existing large farm barn.

c. When the Secretary receives an application for construction of a new large farm barn, the Secretary shall notify the Secretary of Natural Resources, the Office of the Governor, and the municipality where the large farm barn is proposed. The Secretary's notice shall provide the name and location of the proposed barn. The notice shall include the Secretary's request for an appointee of the Secretary of Natural Resources, a farmer appointee from the Office of the Governor, and an appointee from the governing board of the municipality in which the facility is proposed to be located.

d. The Secretary's notice shall include a request that the appointments be made upon announcement from the Secretary that the application has been deemed administratively complete. The Secretary will notify the appointees directly at the point in time when the Advisory Group has established a meeting date.

e. When the Secretary does deem the application to be administratively complete and has established a meeting date, the Secretary shall contact the members of the Advisory Group to invite them to assist the Agency in reviewing the application.

f. The Advisory Group will meet as determined by the Secretary to review the application and provide recommendations to the Secretary.

4. Application Review Process, Communicating with the Applicant

a. The Secretary shall notify applicant in writing as to whether the two agencies have determined the application to be administratively complete or administratively incomplete. If the application has been determined to be administratively incomplete, the letter shall set out what components are missing.

b. An incomplete application shall not be deemed complete until the identified items or components are submitted.

c. The Secretary shall request from the Secretary of Natural Resources assistance in making a written determination whether the applicant has established that there are no unpermitted discharges to waters of the state that would require a federal CAFO permit under the Clean Water Act.

d. Title 6 Chapter 215 § 4851(c) states that the Agency has 45 business days to review an application once it is fully complete.

e. The formal 45 business day application review period will not start until the Agency determines that the application has been considered administratively complete, the application review advisory group has met and provided feedback (where required by statute), and the public informational meeting has been held. The day after the application is deemed complete is day 1 of the statutory 45 business day review period.

f. In the absence of a permit determination by the Agency within 45 business days, the applicant's permit is awarded by default.

i. A permit awarded by default requires the permittee, upon request by the Secretary or Secretary's designee, to demonstrate: compliance with AAPs; compliance with adopted LFO Rules; compliance with LFO statutory criteria; and to demonstrate that the LFO facility will be managed consistent with a well managed, similarly sized farm of the same animal type; and that there will be no discharge to waters of the state and groundwater impacts will meet state groundwater quality standards; and

ii. A permit awarded by default can be amended, conditioned, or revoked by the Secretary.

iii. A permit awarded by default shall not preclude a farm from being required to obtain other permits.

g. The options available to the Secretary for application determinations are to: approve as is; approve with conditions; or deny.

h. The Agency is not required to meet the provisions of Title 6 Chapter 215 Subchapter 3, Section 4851(c), regarding the 45 business day review period for applications submitted for LFO permits, when the number of animals or domestic fowl at the existing operation are below the LFO permit threshold requirement, and a farmer chooses to apply for a permit.

SUBCHAPTER 6 Management and Design Standards

A. General Operational and Maintenance Standards Applicable to LFOs

1. The permittee shall ensure that all structures and practices shall be operated and maintained in accordance with the requirements and recommendations detailed in the appropriate practice code in Vermont NRCS Field Office Technical Guide Section IV, or an equivalent standard as recommended in writing by the permittee's hired professional engineer licensed in the state of Vermont.

2. The permittee shall ensure that adequate waste management structures are managed to assure that there are no direct discharges of wastes from the LFO facility to waters of the state or to prevent groundwater from exceeding state standards.

3. The permittee shall operate and maintain the waste storage facility to prevent direct discharges to waters of the state or to prevent groundwater from exceeding state standards by removal of material to avoid overtopping, and to create space for the ongoing generation of waste.

4. The permittee shall ensure that the LFO facility, cropland, and non-cropland will be managed in compliance with all applicable AAPs and these Rules.

5. The permittee shall ensure that all wastes which are land applied, are applied according to a nutrient management plan which meets the requirements of these Rules.

6. The permittee shall ensure that the LFO facility shall not generate odors of a type different than, or in excess of those from a well managed similar sized farm of the same animal type using a similar waste management system. The Agency will use the technical components of the American Society of Agricultural Engineers published Standards and Engineering Practices Data, ASAE EP379.1 DEC96, "Control of Manure Odors" as the standard when addressing livestock or domestic fowl manure odor issues.

7. The permittee shall ensure the LFO facility shall not create noise disturbances in excess of those from a well managed similar sized farm of the same animal type.

8. The permittee shall ensure the LFO facility shall not generate traffic flows and frequency at a greater level than those from a well managed similar sized farm of the same animal type.

9. The permittee shall ensure that the LFO facility will not generate or breed flies, insects, or other pests above a level where adult flies, insects, or other pests moving off the farm premises are in excess of those from a well managed similar sized farm of the same animal type.

10. The LFO shall implement erosion and sediment control conservation practices when land clearing, field drainage, ditching, or other field preparation or improvement activities, to prevent movement of sediment to waters of the state, groundwater, or across property boundaries.

11. All storage of compost and the resulting leachate shall be managed to prevent a discharge to waters of the state and to prevent groundwater from exceeding state groundwater quality standards, and in accordance with the NMP.

12. Compost and compost leachate shall be collected and spread on land in accordance with a NMP and without causing a discharge to waters of the state or to cause groundwater to exceed state groundwater quality standards, and in accordance with the NMP.

B. Specific LFO Structural Design Standards

1. All structural components of the following aspects of a LFO waste management system shall be described in the permit application, and shall meet the following conditions:

a. Any waste storage facility or components of a waste management system including, but not limited to, barnyards, manure field stacking sites, leachate control systems, or runoff control systems shall meet or exceed the standards of the Vermont NRCS Field Office Technical Guide Section IV, or an equivalent standard as certified by the permittee's engineer licensed to practice in Vermont.

b. LFOs shall have a waste storage facility capable of holding waste generated in 180 consecutive days. An alternative to providing 180 days worth of storage is developing a manure management program which may involve a combination of field stacking, composting, or contracts which transfer the ownership of manure to another party, for management in a manner consistent with these Rules.

c. Milkhouse waste systems and leachate runoff systems shall be accounted for in the design of the waste management system or in an approved structure. Milkhouse waste and leachate runoff must be contained in such a way as to prevent a discharge to waters of the state.

d. All storage of compost and the resulting leachate shall be conducted to prevent adverse impacts to waters of the state and groundwater. Compost and compost leachate shall be collected and spread on land without creating an adverse impact to waters of the state and groundwater.

e. Mortalities shall be managed in such a way as to prevent a discharge to surface waters or to cause groundwater to exceed state groundwater quality standards.

2. All aspects of the waste management system and clean water runoff shall be designed to meet or exceed the standards described in Vermont NRCS Field Office Technical Guide Section IV, or shall be designed to an equivalent standard by a professional engineer licensed in the state of Vermont.

a. Waste Storage Facility: An adequately sized waste storage facility shall be designed to hold all wastes, including clean water unless it is diverted elsewhere, generated during a minimum of 180 days for the proposed herd size, and be designed to handle a 25-year, 24-hour storm event.

b. An alternative to providing a minimum of 180 days worth of storage is developing a waste management system which may involve a combination of field stacking, composting, or contracts which transfer the ownership of manure to another party, for management in a manner determined by the Secretary to assure no discharges will occur to waters of the state or to cause groundwater quality to exceed state groundwater standards, and to assure compliance with AAPs.

c. Another possible alternative to providing a minimum of 180 days worth of storage exists, if:

i. The available certified storage capacity is less than 180 days, but it is greater than 106 days, and

ii. Funding has already been secured to construct certified storage for at least 75 additional days' worth of generation. The schedule to construct additional storage shall be defined by the Secretary and contained in a compliance schedule in the permit.

d. Field stacking of semi-solid manure may be permitted on a case-by-case basis. Field stacking of manure shall meet the criteria defined in Vermont NRCS Field Office Technical Guide, Section IV, as amended Practice Code 313, and be operated in a manner which allows no direct discharge to waters of the state or to prevent groundwater from exceeding state standards; and

e. Field stacking of semi-solid manure may be authorized by the Secretary if a portion of the waste storage structure (pit, lagoon, tankage or other contained space) is used to store whey or other wastes not generated on the farm, which then displaces an amount of manure generated by the LFO.

3. Any new construction, modifications, additions, or repairs of storage structures shall be designed in accordance with Vermont NRCS Field Office Technical Guide Section IV, as amended Practice Code 313 Waste Storage Facility - Standards and Specifications or Vermont NRCS Field Office Technical Guide Section IV, as amended, Composting Facility, or other appropriate waste storage facility(s) contained in the Vermont NRCS Field Office Technical Guide Section IV, as amended, or other equivalent standards as certified by the permittee's engineer licensed to practice in Vermont, and shall be operated in a manner which allows no direct discharge to waters of the state or to prevent groundwater from exceeding state standards;

4. For new waste storage facilities for a large swine, veal, or poultry operation, the waste storage structure shall either be:

a. Covered in such a way as to prevent precipitation from falling on to the structure; or

b. Designed in accordance with Vermont NRCS Field Office Technical Guide Section IV, as amended Practice Code 313 Waste Storage Facility - Standards and Specifications or Vermont NRCS Field Office Technical Guide Section IV, as amended, with the exception that the storm event for the design is based shall be the 100-year, 24-hour storm event for that location.

5. Plans and specifications for new or upgraded waste storage facilities or for new or upgraded runoff control systems shall be submitted to the Agency by the permittee prior to construction. Post construction documentation shall be submitted within 60 days of project completion, or as otherwise specified by the Secretary.

C. Required Certifications for Waste Storage/Management Facilities

1. All conservation practice structures shall be affirmed to be designed to meet or exceed the standards described in Vermont NRCS Field Office Technical Guide Section IV or shall be designed by a professional engineer licensed in the state of Vermont, and shall include:

a. The adequacy of structure linings to prevent exfiltration of manure contaminants to groundwater;

b. The proximity of bedrock and the water table to the floor of the structure;

c. Scaled drawings showing location(s) of the storage unit(s) and runoff control system(s), and surface water(s), water supply well(s), property boundary(-ies), elevation(s), and other pertinent information;

d. As-built drawings, including date and materials of construction;

e. Existing storage structure's ability to meet the criteria and specifications outlined in Vermont NRCS Field Office Technical Guide, Section IV, as amended Practice Code 313, Waste Storage Facility, or Vermont NRCS Field Office Technical Guide Section IV, as amended Practice Code 313, Waste Storage Pond, or other appropriate waste storage facility(s) contained in Vermont NRCS Field Office Technical Guide Section IV, as amended;

f. The adequacy of the system(s) to control manure runoff generated by a 25-year, 24-hour storm event for the location;

g. A full description of the system's components, including any reference to practices specified in Vermont NRCS Field Office Technical Guide Section IV, as amended; and,

e.[h] A full description of the management of mortalities, in such a way as to prevent a discharge to surface waters or to cause groundwater to exceed state groundwater quality standards.

2. Additional Limitations: In the event that any waste management system does not prevent discharges to waters, or does not conform to AAPs, the permit may be modified by the Secretary to require additional discharges to be eliminated and a schedule of compliance to achieve the elimination of discharges.

D. Siting and Setback Requirements for Construction of and Expansions of New Large Farm Barns and New Waste Management Systems

1. In making determinations regarding the siting of a new large farm barn and other LFO farm structures related to the application for a new large farm barn expansion for existing LFOs, the secretary shall consider the following:

a. The adjoining and neighboring land uses in the vicinity of the proposed barn, expansion, and operation;

b. The identification of any waters of the state on, or in close proximity to, the proposed barn, expansion, and operation;

c. Whether the siting of the proposed barn, expansion, and operation is designed to comply with AAPs;

d. Whether the siting of the proposed barn, expansion, and operation is designed to comply with standards established in these Rules for groundwater protection;

e. Whether the siting of the proposed barn, expansion, and operation will allow for compliance with the standards established in these Rules for:

i. Odor;

ii. Noise;

iii. Traffic;

iv. Insects;

v. Flies; and,

vi. Other pests

f. The permittee's history of compliance with these Rules.

E. Setback Requirements for Farm Structures for New and Expanded Large Farm Operations

1. Notwithstanding the provisions of the AAP Regulations for the construction of farm structures, the following minimum setbacks shall apply to all farm structures at a LFO located in a town in Vermont that has no zoning:

a. 100 feet back from the centerline of a public road, and

b. 100 feet back from any abutting property line.

2. In municipalities with zoning or municipalities without zoning, the Secretary may require a setback exceeding 100 feet from the centerline of a public road or on abutting property line if, in the Secretary's discretion or upon recommendation of the Advisory Group, such an additional setback is necessary due to:

a. Unique physical circumstances or conditions, including irregularity, narrowness, farm size or shape, or exceptional topographical or other physical conditions peculiar to the particular farm property or the abutting property.

b. The impact that odor, noise, traffic, insects, flies, and other pests from the farm property will have on the abutting property.

3. The Secretary may grant adjustments from these setback requirements if the applicant or permittee can demonstrate:

a. There are unique physical circumstances or conditions, including irregularity, narrowness, farm size or shape, or exceptional topographical or other physical conditions peculiar to the particular farm property, and that unnecessary hardship in meeting these setbacks is due to these conditions;

b. Because of these physical circumstances or conditions, there is no possibility that the farm property can be efficiently managed in strict conformity with the setback and that an adjustment is necessary;

c. Unnecessary hardship has not been created by the applicant or permittee;

d. The adjustment, if authorized, will not substantially or permanently impair the appropriate use or development of adjacent property, or be detrimental to the public welfare; and,

e. The adjustment, if authorized, will represent the minimum adjustment that will afford relief and will represent the least deviation possible from the Rules.

4. In making determinations and recommendations regarding the siting of the barn and other farm structures related to the application the Advisory Group shall consider the following:

a. The animal type of the operation;

b. The number of animals proposed to be covered by the permit;

c. The number of acres included in the farm property;

d. The adjoining and neighboring land uses in the vicinity of the proposed barn and operation;

e. The identification of any waters of the state on, or in close proximity to, the proposed barn and operation;

f. Whether the siting of the proposed barn and operation is designed to comply with AAPs;

g. Whether the siting of the proposed barn and operation is designed to comply with standards established in these Rules for surface water and groundwater protection; and,

h. Whether the siting of the proposed barn and operation will allow for compliance with the standards established in these Rules for:

i. Odor;

ii. Noise;

iii. Traffic;

iv. Insects;

v. Flies; and,

vi. Other pests

F. Nutrient Management Plan (NMP) Standards for Crop and Non-Cropland Areas

1. Developing a Nutrient Management Plan:

a. All LFOs shall have a field-by-field NMP developed by the Permittee or a certified nutrient management planner; and,

b. The Agency may periodically inspect NMPs and required records for the purpose of determining compliance with LFO nutrient management requirements.

2. Requirements of the Nutrient Management Plan:

a. Development and implementation of a NMP shall meet or exceed the standards of Vermont AAPs, Vermont NRCS Field Office Technical Guide Section IV, as amended Practice Code 590 for Nutrient Management, and shall also be in compliance with the following additional criteria to the extent applicable:

i. Ensure adequate storage of wastes, including procedures to ensure proper operation and maintenance of the storage facilities;

ii. Ensure proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, storm water, or waste storage or treatment system that is not specifically designed to treat animal mortalities;

iii. Ensure clean water is diverted, as appropriate, from entering the production area;

iv. Prevent direct contact of confined animals within the production area with waters of the state;

v. Ensure chemicals and other contaminants handled on-site are not disposed of in any waste storage or treatment system unless specifically designed to treat such chemicals and other contaminants;

vi. Identify appropriate site specific conservation practices to be implemented, including, as appropriate, buffers or equivalent practices to control runoff of pollutants to waters of the state or to prevent groundwater from exceeding state standards;

vii. Identify protocols for appropriate testing of waste and soil;

viii. Establish protocols to land apply waste in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the waste; and,

ix. Identify specific records that will be maintained to document the implementation of the NMP.

b. The Nutrient Management Plan shall:

i. Include all land receiving application of manure, compost, other wastes, fertilizer, or any other source of nutrients;

ii. Document adequate storage of manure, compost, and other wastes, including procedures to ensure proper operation and maintenance of the storage facilities;

iii. Document proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, storm water, waste storage, or treatment system that is not specifically designed to treat animal mortalities;

iv. Document that clean water is diverted, as appropriate, from the production area;

v. Document that confined animals within the production area do not have direct contact with waters of the state;

vi. Document that chemicals and other contaminants handled on-site are not disposed of in any manure, compost, waste, or storm water storage or treatment system unless specifically designed to treat such chemicals and other contaminants;

vii. Document site specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the state or to prevent groundwater from exceeding state standards;

viii. Document appropriate testing of manure, compost, other wastes, and soil;

ix. Document protocols to land apply manure, compost, and other wastes in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, compost, and other wastes; and,

x. Document the destiny of the total annual volume of manure produced.

3. The following NMP components shall be performed, calculated, and presented on a field-by-field basis:

a. Yearly soil loss shall not exceed T (of the dominant soil type) as determined by RUSLE 2 (Revised Universal Soil Loss Equation 2), and calculations shall be conducted. If a rotation is needed to meet T, that rotation shall not exceed 10 years in length.

b. Other conservation practices shall be implemented as necessary to reduce runoff of pollutants to waters of the state or to prevent groundwater from exceeding state standards.

c. Fields receiving mechanical application of nutrients shall have soil tested every three years.

d. At least one third of all fields must have a soil test less than three years old when developing the nutrient management plan. A soil test 3-5 years old may by used for developing the nutrient management plan if application rates of nutrients will be planned at a rate no greater than the phosphorus removal rate and revised accordingly within 1 year based on current soil tests.

e. Soil samples shall be collected and prepared according to UVM guidance or standard industry practice.

f. Soil testing shall be conducted using Modified Morgan Extract for available phosphorus and aluminum following industry standards and methodology.

g. Soil tests, at a minimum, shall include content of:

i. Available phosphorus;

ii. Reactive aluminum;

iii. pH; and,

iv. The Secretary may require that the soil be analyzed for additional parameters, based on other information received about field use, including other wastes used on the land.

h. If pertinent to monitoring or amending the annual nutrient budget, soil shall be tested for:

i. Electrical conductivity (EC); and/or,

ii. Soil organic matter.

i. Nutrient recommendations (lbs. N and P[2]O[5,]per acre) shall be made based on the University of Vermont "Nutrient Recommendations for Field Crops in Vermont" (and/or industry practice when recognized by the University) using current soil test results, realistic yield goals, and management capabilities. Other university recommendations for nitrogen and potassium, that are appropriate for the geographic area, may be used.

j. Every waste storage facility shall be sampled for nutrient content analysis prior to preparing the nutrient management plan.

k. Every waste storage facility shall be sampled for nutrient content analysis yearly and shall be representative of the waste stored.

l. A buffer zone of perennial vegetation shall be maintained between annual croplands and the top of the bank of adjoining surface waters consistent with i. through v. below, in order to filter out sediments, nutrients, pathogens, and agricultural chemicals and to protect the surface waters from erosion of stream banks due to excessive tillage.

i. Surface waters shall be buffered from croplands by at least 25 ft of perennial vegetation, measured from the top of the bank.

ii. No manure, compost, or other wastes shall be applied within vegetative buffers.

iii. Use of fertilizer for the establishment and maintenance of the vegetative buffer is allowed.

iv. Tillage shall not occur in a vegetative buffer except for the establishment or maintenance of the buffer.

v. Harvesting the buffer as a perennial crop is allowed.

m. No application of manure shall occur within 50 feet of a private well, unless legal documentation is provided to the Secretary that demonstrates a different isolation distance has been provided for, or when a private well is in a location that is inconsistent with state law or regulation.

n. All land receiving application of nutrients shall have a risk assessment for potential nitrogen transport into ground water using the Leaching Index.

o. All land receiving application of nutrients shall have a risk assessment for potential phosphorus transport into waters of the state using the Vermont Phosphorus Index.

p. Nutrient applications shall be consistent with results of the Vermont Phosphorus Index.

q. Conservation practices for nitrogen management shall be recommended and implemented based on the results of the Leaching Index.

r. When the Leaching Index is greater than 10 directly adjacent to a private well, the nutrient setback distance shall be increased to 100 ft.

s. The timing and method of nutrient application shall correspond as closely as possible with plant nutrient uptake characteristics while considering cropping system limitations, weather and climatic conditions, and field accessibility.

t. Soil amendments shall be applied, as needed, to adjust soil pH to the specific range of the crop for optimum availability and utilization of nutrients.

u. All applicable records identified including test results shall be kept on-farm for a period of no less than 5 years.

v. Field applied manure and other wastes shall not:

i. Run off to waters of the state from the intended site during applications, or:

ii. Pond on the intended site at any time.

G. Production Area Standards

1. All LFOs shall implement the following:

a. Visual inspections. There must be routine visual inspections of the LFO production area. At a minimum, the following must be visually inspected:

i. Weekly inspections of all storm water diversion devices, runoff diversion structures, and devices channeling dirty storm water to the wastewater and manure storage and containment structure;

ii. Daily inspection of water lines, including drinking water or cooling water lines;

iii. Weekly inspections of the manure, litter, and process wastewater impoundments; the inspection will note the level in liquid impoundments.

b. Corrective actions. Any deficiencies found as a result of these inspections must be corrected as soon as possible.

c. Mortality handling. Mortalities shall not be disposed of in any liquid waste storage system, and must be handled in such a way as to prevent the discharge of pollutants to surface water or to prevent groundwater from exceeding state standards, unless alternative technologies designed to handle mortalities are approved by the Secretary.

H. Waste Management Standard for Wastes Transferred to Another Manager

1. Wastes generated by the LFO facility which are transferred to another manager shall require a contract or other written agreement including sufficient detail to require no direct discharges to waters of the state or to prevent groundwater from exceeding state standards, and to require compliance with AAPs.

2. Small volumes of wastes transferred via individual buckets or trunk loads do not require a contract, but shall be tracked as part of the annual report requirements.

Waste transferred must be analyzed a minimum of once annually for nutrient content and organic matter. The results of the analyses are to be used in determining application rates for waste.

I. Site/ Soil Design and Operations Standards

1. Manure and other wastes shall not be spread:

a. Within buffer areas for streams, rivers, lakes, ponds, and water supply wells; and

b. In a waterway, terrace channel or any areas where there may be a concentration of runoff.

2. Manure and other wastes spread on annual cropland that is subject to overland flow from adjacent surface water shall be incorporated within 48 hours. This restriction does not apply to no-till land, or land planted to a cover crop.

J. Groundwater Protection Criteria

Farm operations shall be conducted so that wastes do not reach or exceed the primary or secondary groundwater standards as established by the Secretary of the Agency of Natural Resources in the Groundwater Protection Rule and Strategy. Where monitoring indicates that wastes have reached or exceeded an enforcement standard in groundwater, the Secretary may require corrective modifications to the LFO permit, the NMP, the waste management system, or other corrective actions as needed.

2. LFO permits require sampling and analysis of on-farm water supplies. LFOs shall conduct water testing for farm drinking water supplies and for each farm water supply within 500 feet of cropland. The LFO shall also conduct testing on the water supply for each barn on an LFO production area that has a waste management system. Water supplies shall be analyzed for nitrates, chlorides, total and fecal coliform bacteria, and for soil applied pesticides, if specified by the Agency. If nitrate-N levels are greater than 5 ppm, chloride levels are greater than 250 ppm or soil applied pesticides are detected, the LFO shall conduct testing on an annual basis (or as otherwise directed by the Agency) until nitrate-N levels are less than 5 ppm, chloride levels are less than 250 ppm and soil applied pesticides are not detected.

3. The Secretary may conduct groundwater sampling:

a. At sites selected by the Secretary where well owners have volunteered or agreed to participate in the sampling program;

b. At sites upon the request of a well owner;

c. At sites selected by the Secretary based on the results of other sampling data or the existence of vulnerable site characteristics;

d. At sites with activities or operations permitted or regulated by the Secretary; and,

e. At sites where the Secretary has received a complaint from a well owner in the vicinity of an agricultural operation that the operation has contaminated the drinking water or groundwater of the well owner.

K. Groundwater Investigation

1. The permittee shall comply with the sampling and analytical requirements for on-farm water supplies. LFOs shall conduct water testing for farm drinking water supplies and for each farm water supply within 500 feet of cropland. The LFO shall also conduct testing on the water supply for each barn on an LFO production area that has a waste management system. Water supplies shall be analyzed for nitrates, chlorides, total and fecal coliform bacteria, and for soil applied pesticides, if specified by the Agency. If nitrate-N levels are greater than 5 ppm, chloride levels are greater than 250 ppm or soil applied pesticides are detected, the LFO shall conduct testing on an annual basis until nitrate-N levels are less than 5 ppm, chloride levels are less than 250 ppm and soil applied pesticides are not detected.

2. The Secretary shall conduct a groundwater investigation where the Secretary has received a complaint from a well owner in the vicinity of an LFO that the operation or its agricultural practices has contaminated the drinking water or groundwater of the well owner.

3. The Secretary shall investigate the occurrence of contamination where sampling indicates that drinking water or groundwater contains detectable concentrations of agricultural contaminants.

4. The approaches the Secretary may utilize to identify the sources of drinking water and groundwater contamination and to require the remediation of contamination include, but are not limited to:

a. Conducting site visits to interview property owners and farm operators, to gain an understanding of the physical characteristics of the landscape, and locate additional sites for water quality sampling;

b. Communicating with farm operators and adjacent property owners to identify practices and activities that are potential sources of contamination;

c. Conducting additional sampling to confirm the detection of contaminants and to determine the extent and scope of contamination at the site;

d. Making recommendations for changes in activities, management practices, cropping patterns, or structural revisions designed to reduce the contamination from current activities and prevent contamination from future activities;

e. Conducting follow up water quality sampling to determine the effectiveness of changes made or corrective actions taken;

f. Seeking additional investigative or consultation resources to evaluate and characterize the site to determine vulnerability to drinking water and groundwater contamination; and,

g. Reviewing testing results and site evaluations to determine if changes in water quality data are the result of changes in activities or natural site conditions.

5. Where annual testing or surveillance monitoring indicates a large farm operation has caused the concentration of wastes in groundwater to reach or exceed the primary or secondary groundwater quality standards as defined by the Secretary of Natural Resources in the Groundwater Protection Rule and Strategy, the LFO shall be managed to reduce the contamination from current activities and prevent contamination from future activities.

6. Changes in activities, management practices, cropping patterns, NMPs, or structures to reduce concentration of wastes in groundwater may be required to be implemented according to a permit amendment or modification, an Assurance of Discontinuance (AOD), or other enforcement action including a compliance schedule issued to the farm operation by the Secretary.

7. The Secretary shall provide written notification of testing results to each individual well owner that participates in the sampling program.

a. Property owners in the vicinity of a LFO shall receive the test results for each well owned by them that is sampled by the Secretary.

b. LFOs shall receive the test results for wells owned by the farm operation, and for wells adjacent to or impacted by the crop land or LFO facilities managed by the LFO. The LFO shall also receive test results for wells when the Secretary has received a complaint from a well owner in the vicinity of an LFO that the operation or its agricultural practices has contaminated the drinking water or groundwater of the well owner.

8. The Secretary may require the owner or operator of a LFO waste storage facility to modify the waste storage facility to meet the Vermont NRCS Field Office Technical Guide Section IV, as amended or an equivalent standard for the waste storage facility or to implement additional management measures if the waste storage facility poses a threat to human health or the environment as established by a violation of the Groundwater Quality Standards.

9. For the purpose of making a determination that a LFO waste storage facility poses a threat to human health or the environment, the Secretary shall pay for the initial costs to conduct groundwater monitoring. When the Secretary has made a determination that a LFO waste storage facility poses a threat to human health or the environment, the Secretary shall provide notification to the Department of Health and the Agency of Natural Resources. This notification shall occur within twenty-one (21) days and include the location of the LFO facility and the name of the owner or operator. When the Secretary makes a determination that a LFO waste storage facility no longer poses a threat to human health or the environment, the Secretary shall provide notification of the revised determination to the Department of Health and the Agency of Natural Resources.

10. When the Secretary has made a determination that a LFO poses a threat to human health or the environment, the Secretary may require the cost of continued groundwater monitoring be paid for by the farm operation.

11. The owner or operator of a LFO, if required by the Secretary to design, construct or modify a waste storage facility, may apply for cost share assistance.

SUBCHAPTER 7 Permittee Responsibilities, Recordkeeping

A. Record Keeping for Nutrient Management Plans

1. The LFO permit shall define the frequency of testing and record development.

2. The Agency shall have access to all records that are required to be maintained by the permittee.

3. Nutrient management plans shall be maintained according to the following standards:

a. An annual analysis of manure, compost, and other wastes per storage structure shall be conducted;

b. Soil shall be sampled and analyzed for nutrient content every three years;

c. Implementation of additional conservation practices and/or application rate modifications as deemed necessary by the Secretary may be required when the following conditions exist:

i. A use of an unproven experimental technology;

ii. A determination by the Secretary that a field would otherwise no longer be acceptable for waste application; or,

iii. Any circumstances of potentially significant contamination to surface water or ground water.

4. Records pertaining to the implementation and maintenance of the nutrient management plan shall be kept on-farm for a period of no less than 5 years and shall include:

a. A copy of the site-specific nutrient management plan including:

i. Results from manure, compost, other waste, and soil sampling;

ii. Planned soil loss (as determined using RUSLE2); and,

iii. A list of fields with high or excessive Phosphorus Index results.

b. Yearly NMP implementation information (which may differ from planned) by field including:

i. A list of crops planted, planting dates, and harvest dates;

ii. A list of yields;

iii. The amount of, and the date(s) of manure, compost, other waste, and fertilizer applications by source;

iv. Fertilizer application rates by formulation; and,

v. The date and weather conditions at the time of nutrient applications.

c. A copy of annual reports submitted to the Agency.

5. Records specific to sampling all media shall describe:

a. The date, exact location, method, and time of sampling or measurement;

b. The individual who performed the sampling or measurements;

c. The date the analysis was performed;

d. The individual who performed the analysis;

e. The analytical techniques or methods used; and,

f. The results of the analyses.

6. LFO Permittees shall maintain the following records specific to land applying manure, on a field-by-field basis:

a. Expected crop yields;

b. The date(s) waste is applied to each field;

c. Weather conditions at time of application and for 24 hours prior to and following application;

d. The method used to apply the wastes;

e. Date (s) of manure application equipment inspection;

f. Test methods used to sample and analyze manure, or waste, and soil;

g. Explanation of the basis for determining manure application rates, as provided in the technical standards provided by these Rules;

h. Calculations showing the total nitrogen and phosphorus to be applied to each field, including documentation of calculations for the total amount applied, and including sources other than wastes; and,

i. All manure and other wastes that are spread shall be documented on log sheets, including each field name or number; dates of spreading; whether each field is owned or leased; gallons per acre or tons per acre of manure or waste spread each date; grade and tons per acre of commercial fertilizer applied; name of waste structure from which manure or other waste came; and last manure analysis for each waste structure.

B. Recordkeeping for the Production Area and Associated Conservation Practices

1. Routine visual inspections of the LFO facility and conservation practices are required. At a minimum, the following must be visually inspected and documented:

a. Weekly inspections of all storm water diversion devices, runoff diversion structures, and devices channeling dirty storm water to the wastewater and manure storage and containment structure;

b. Daily inspection of water lines, including drinking water or cooling water lines;

c. Weekly inspections of the manure, litter, and process wastewater impoundments; the inspection will note the level in liquid impoundments;

d. Mortality handling area(s) shall be inspected weekly to affirm that no discharge of pollutants to surface water has or can occur;

e. Waste storage facility(s) inspection shall be conducted by the permittee for cracks and corrosion. In addition, any earthen manure storage structures shall be inspected for damage, including that from frost, equipment and rodents. The inspection reports shall be maintained by the permittee and shall be made available for inspection by the Agency;

f. Composting Structure(s) Inspection shall be conducted by the permittee and shall include records of whether there was evidence of cracks and corrosion. In addition, any earthen structures shall be inspected for rodent damage. The inspection reports shall be maintained by the permittee and shall be made available for inspection by the Agency; and,

g. Corrective actions. Any deficiencies found as a result of these inspections must be corrected as soon as possible.

2. Inspection reports, at a minimum, shall include:

a. The date and names of persons performing the inspection;

b. An inspection description including the components inspected;

c. Details of what was discovered during the inspection;

d. Recommendations for repair or maintenance;

e. Any actions taken;

f. Records of the date, time, and estimated volume of any discharge to waters of the state; and,

g. A certification statement (form provided by the Agency) which is signed by the owner, verifying that all the materials included in the submittal have been reviewed by the owner.

3. Corrective actions regarding any deficiencies found as a result of these inspections must be corrected as soon as possible by the permittee and shall be made available for inspection by the Agency.

4. The permit will include dates by which compliance reports shall be completed. Written reports shall be received by the Agency no later than 14 days after the scheduled completion date.

Non-compliance with a permit condition shall be reported by the Permittee to the Agency within 24 hours, or during the next business day following the observation of noncompliance. Said report shall include:

a. Which permit condition was not met;

b. The cause of non-compliance;

c. A description of remedial actions taken; and,

d. An estimate of the effect of the non-compliance event on the permittee's ability to meet any remaining schedule dates.

6. The Permittee shall notify the Agency within 48 hours, or the next working day, in the event that a spill or accidental release of any waste results in a discharge to waters of the state or to prevent groundwater from exceeding state standards.

7. The Permittee shall furnish the Agency, within a reasonable time, any other information which the Agency may request in order to determine compliance with the Annual Reporting Requirements of these Rules and of the permit. The Permittee shall also furnish the Agency, upon request, copies of records required to be kept by the Permittee.

8. Records shall be kept on the farm for a period of no less than 5 years.

C. Record Keeping for Wastes that are Transferred

1. For wastes sold or given away, the permittee shall:

a. Maintain records showing the date and amount of manure, compost, or other wastes that leave the permitted operation;

b. Record the name and address of the recipient;

c. Provide the recipient(s) with representative information on the nutrient content of the wastes; and,

d. Retain records on-site for a period of 5 years.

2. All records relating to the transfer of manure, compost, or other wastes shall be submitted to the Agency with the Annual Report.

D. Annual Report Requirement

1. Annual reports shall be submitted by all LFO operators to the Agency no later than February 15 of each year.

2. The annual report shall include:

a. All the information required by Vermont NRCS Field Office Technical Guide Section IV, as amended Practice Code #590, Nutrient Management, and an accounting of animals; or

i. Manure analysis: submit sample results from each waste management structure annually. This includes waste management structures on other farms, if manure or other nutrient wastes from those farms will be land spread on fields associated with the LFO. The frequency of sampling and analysis may be reduced by written authorization from the Secretary. The laboratory analysis report shall include the moisture content of the manure and the available nitrogen, phosphorus and potassium content, calculated per ton or 1,000 gallons of manure or other nutrient waste;

ii. The number and type of livestock or domestic fowl, whether in open confinement or housed under roof;

iii. Total amount of manure and other nutrient wastes produced by the LFO;

iv. Total amount of manure and other nutrient wastes produced by other farms if the cropland and non-cropland on those farms will be used to land spread manure and other wastes from the LFO facility;

v. Estimated total pounds of total nitrogen, phosphorous, and potassium produced on the LFO facility and land applied;

vi. Estimated total pounds of total nitrogen, phosphorous, and potassium produced on the LFO facility and transferred to other managers;

vii. Estimated total pounds of total nitrogen, phosphorous, and potassium produced on other farms and used by the LFO as part of the Nutrient Management Plan;

viii. Estimated amount of total wastes transferred to another person by the LFO in the previous 12 months (tons/gallons);

ix. Total number of acres for land application covered by the nutrient management plan, including number of acres rented and number of acres owned;

x. Total number of acres under control of the LFO that were used for land application of wastes in the previous 12 months;

xi. Summary of all waste discharges from the production area that have occurred in the previous 12 months, including date, time, and approximate volume;

xii. A statement indicating whether the current version of the LFO's nutrient management plan was developed or approved by a certified nutrient management planner;

xiii. For permitted operations that construct or expand, an annual reporting requirement regarding the increase in square footage added or otherwise made available for the purpose of housing animals or domestic fowl; and,

xiv. All reports required by a LFO permit shall be signed by the owner of the LFO facility operation and in the case of a corporation, a principal executive officer or a duly authorized representative having overall responsibility for operation of the LFO facility for which the permit is issued.

b. Results from water supply tests taken as required in the groundwater section of these Rules during the previous reporting period.

c. A reconciliation of the previous year's plan for managing nutrients, and how this information will be used in the next year's nutrient management plan.

SUBCHAPTER 8 Permit Amendments and Modifications

A. Revisions and Modifications to Permits or Plans

1. Prior to making a substantial change in the LFO facility or in its operation, a Permittee shall submit a letter of intent to the Secretary describing the proposed change. The Secretary will determine whether a full application is required to accommodate that change, or whether a modification to an existing LFO permit is required, or neither. The Secretary's written determination will be sent to the Permittee.

2. If LFO facility ownership has transferred, the permittee shall notify the Secretary in writing within 30 days of that transaction, describing any proposed changes in operation or facilities. No increase in number of animals or change in animal type is allowed to occur without a full review of the operation by the Agency.

3. Farming operations permitted pursuant to these Rules shall obtain a permit amendment prior to increasing the number of animals or domestic fowl beyond the limit established in the LFO permit.

4. In addition to the administrative enforcement remedies set forth in these Rules, the Secretary may decide to amend an existing LFO permit on his or her own initiative. Circumstances that may prompt such an initiative include, but are not limited to:

a. A determination by the Secretary that waters of the state or groundwater have not been adequately protected in accordance with these Rules. The permit amendment may include additional measures and limitations and may also include a compliance schedule;

b. A determination by the Secretary that odor, noise, traffic, insects, flies, or other pests are not managed consistent with a well managed, similar sized operation of the same animal type;

c. A determination by the Secretary that a field is no longer acceptable for spreading or spray irrigation;

d. A determination by the Secretary that the nutrient application rates in the NMP need to be adjusted;

e. A determination by the Secretary that the management of the LFO production area, cropland, or non-cropland areas violates the standards contained in these Rules; or,

f. Minor administrative errors in permits that necessitate correction in order for the permit to be accurate or reasonable.

5. Where Agency initiated modifications to the LFO permit require actions by the permittee, such actions shall be completed by the Permittee within the time frame established by the Agency.

6. For LFO permits, or for changes in permitted animal type, the Secretary may require:

a. The applicant to demonstrate that the farm shall not generate odors of a type different than, or in excess of those from a well managed similar sized farm of the same animal type using a similar waste management system. The Agency will use the American Society of Agricultural Engineers published Standards and Engineering Practices Data, ASAE EP379.1 DEC96, "Control of Manure Odors" as guidance when addressing livestock or domestic fowl manure odor issues;

b. The applicant to demonstrate that the LFO facility production area shall not create noise disturbances in excess of those from a well managed similar sized farm of the same animal type;

c. The applicant to demonstrate that the LFO production area shall not generate traffic flows and frequency at a greater level than those from a well managed similar sized farm of the same animal type; and,

d. The applicant to demonstrate that the LFO facility production area will not generate or breed flies, insects, or other pests above a level where adult flies, insects, or other pests moving off the farm premises are in excess of those from a well managed similar sized farm of the same animal type.

B. Transfer of Permit Ownership

1. A permittee may transfer permit ownership with the sale or lease of a LFO. Written notification shall be made by the original permittee to the Agency within 10 days of that transaction. The written notification shall include a statement signed by the new owner or lessee which indicates that the new owner or lessee understands and agrees to comply with the conditions of the transferred LFO permit.

2. The Secretary may determine that a new application, or an application amendment is required to accomplish the permit transfer.

C. Relinquishment of Permits

1. A permitee may, at their own request, relinquish their LFO permit when a permittee ceases operations or when a permittee's herd or flock size falls below the threshold number of animals that would trigger the requirement to obtain a LFO permit, and when the barn that houses the animals is no longer designed to house the number of animals that would trigger the requirement to obtain a LFO permit. In order for the Secretary to agree to accept the relinquishment of an LFO permit for an operating farm, the permittee must submit a written request to do so with the Secretary, and must file a notice of intent to comply with the Agency's Medium Farm Operations general permit.

SUBCHAPTER 9 Permit Violations, Compliance, Enforcement, and Appeals

A. Access to Site, Records

1. The Permittee shall allow the Secretary access to the site and records, and shall allow the Secretary to copy, any records that are required under the conditions of the permit or the LFO Rules.

2. The Permittee shall allow the Secretary to inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under the permit.

3. The Permittee shall allow the Secretary to sample or monitor at reasonable times, for the purposes of assuring permit compliance, any substances at any location.

B. Secretary's Compliance/Enforcement Determinations

1. The Secretary may seek enforcement remedies, including administrative penalties, under Sections 1, 12, 13, 15, 16, and 17 of Title 6 with regard to any person who violates the provisions of the LFO law, the LFO Rules, Vermont's AAP Regulations, or the conditions of a LFO permit.

2. The Secretary's authority to take a compliance or enforcement action does not preclude another regulatory entity from being able to execute any authority granted to it.

C. Appeals of Secretary's LFO Permit Determinations

1. Only the applicant seeking a permit who is aggrieved by the Secretary's final decision on the application, and the Secretary are parties to an LFO permit appeal in accordance with 6 V.S.A. §

3. An applicant may appeal the Secretary's final permit decision to the environmental court within 30 days of the Secretary's final permit decision.

4. The notice of appeal shall be filed with the Secretary under Rule 5 of the Vermont Rules for Environmental Court Proceedings.

5. Nothing in these rules shall be construed to affect the legal rights of any person aggrieved by a permit decision of the Secretary.

D. Revocation of Permits

1. The Secretary may, after due notice and an opportunity for a hearing with the Permittee, revoke a permit issued under this Subchapter if, after investigation, the Secretary deems the permittee to be in violation of the provisions of the LFO law, the LFO Rules, Vermont's AAPs, or the conditions of a LFO permit.

2. A permittee aggrieved by the Secretary's final decision on an enforcement decision or on a permit revocation decision may appeal the decision to the Superior Court within 30 days of the final decision.

Appendix A Sample Public Notice.

NOTIFICATION OF INFORMATIONAL MEETING LARGE FARM PERMIT APPLICATION

Notice is hereby provided that [insert farmer name] of the [name of farm] farm in the town(s) of _______________, _______________, _______________, and __________ Vermont has submitted an application to the Vermont Agency of Agriculture, Food, and Markets for a Large Farm Operation Permit.

The application addresses the farm's use of nutrients on the fields, the control of runoff, the storage of manure and other wastes [, and the construction of a new barn].

An informational meeting will be held by the Vermont Agency of Agriculture, Food, and Markets on _______________ [day of week], _______________ [month] _____[day], 2007, at _____[time]. The meeting will be held in the _________[name of room] in the _______________ [name of building] located on _______________ [name of street] in _______________[name of town].

The purpose of the meeting will be to provide the public an opportunity to learn about the project.

Any questions you have regarding the project or the meeting may be submitted to:

Katie Gehr

LFO Program Manager

VT AAFM 116 State Street

Montpelier, VT 05620

(802) 828-3476

(802) 828- 1410 facsimile

katie. gehr@state.vt.us

Appendix B Guidance Document.

COMPONENTS OF A MODEL NUTRIENT MANAGEMENT PLAN

In order to achieve compliance with the nutrient management requirements of this Rule, nutrient management plans shall provide the following information in the following format:

1. A cover page including:

a. The name of the farm;

b. The date of plan preparation and year of plan;

c. Producer information including owner, manager, address, county, phone number, and email; and,

d. Planner information including planner's name, address, phone number, and email.

2. A general description of nutrient management including:

a. A statement about the relationship between nitrogen and phosphorus transport and water quality impairments including information about nitrogen leaching into ground water, potential health impacts of nitrogen in drinking water, phosphorus accumulation in soils, increased potential for phosphorus transport in soluble form, and the types of water quality impairments that result from phosphorus movement into surface water bodies;

b. A statement describing the relationship between soil phosphorus levels and potential for phosphorus transport from the field;

c. A statement about the potential for phosphorus drawdown from the production and harvesting of crops; and,

d. A statement regarding how the nutrient management plan is intended to prevent nitrogen and phosphorus supplied for production purposes from contributing to water quality impairment.

3. A LFO facility description including:

a. A description of the farm operation, barns and other buildings, and equipment;

b. A description of farm goals and business objectives that takes long-term goals and available land base into consideration;

c. A description of the farm setting and location;

d. The watershed the farm is located in, the watershed code, and resource concerns within the watershed.

e. An analysis of resource concerns including:

i. A description of all farm resource concerns;

ii. A table listing resource concerns on a per field basis; and,

iii. Recommendations of field-specific conservation practices to mitigate resource concerns and nutrient mobility.

f. An aerial site photo detailing resource concerns such as sinkholes, streams, springs, lakes, ponds, wells, gullies, tile inlets, areas of concentrated flow, and drinking water sources, in relation to cropland and pastureland with required setbacks and buffers, and property lines (Include a map key with producer's name, the county the farm is located in, planner's name, planner's affiliation, date prepared, a scale bar, a north arrow, road names, and a legend of features highlighted).

g. A land application map detailing all land rented or owned, field and pasture names, FSA tract and field numbers, acreages, roads and names, location of the farmstead, location of waste storage structures, and points of reference (Include a map key with producer's name, the County the farm is located in, planner's name, planner's affiliation, date prepared, a scale bar, a north arrow, road names, and a legend of features highlighted).

h. A soils map detailing soil type on all land rented or owned with tract and field numbers labeled (Include a map key including producer's name, the County the farm is located in, planner's name, planner's affiliation, date prepared, a scale bar, a north arrow, road names, and a legend of features highlighted).

i. Cropland information including:

i. A general interpretation of soil test results;

ii. A soil test table including date of test and nutrient content for each field (at a minimum include available phosphorus, potassium, and reactive aluminum expressed in PPM);

iii. A cropland inventory detailing whether fields are owned, rented, or leased, field names (producer identification), FSA designation, soil type, land use designation (hay land, cropland, pasture, etc.), and planned crop rotation;

iv. An animal waste application schedule to meet recommendations, based on soil test results, animal waste test results, previous crop credits, prior bio-nutrient credits, and which is consistent with results from the Vermont Phosphorus Index and Leaching Index assessed by field, including:

a) Tract number, field number, and acreage;

b) Crops (and % legume for hay/haylage crops);

c) Waste application rate(s), form(s), and source(s);

d) Amount of N, P, and K applied (lbs/acre N, P[2]O[5], and K[2]O);

e) Timing (month and year) of application;

f) Prior crop credits;

g) Prior bio-nutrient credits; and,

h) Tillage and time to incorporation.

v. An explanation of yield goal determination;

vi. An explanation of application rate determination; and,

vii. An assessment of animal waste production in relation to spreadable land base.

j. General field information including:

i. Tract and field number;

ii. Planned crop;

iii. Previous crop; and,

iv. Yield goal.

k. A nutrient budget for each field including:

i. Nutrient recommendations (lbs. N, P[2]O[5], and K[2]0 per acre);

ii. Nutrients (lbs. N, P[2]O[5], and K[2]O per acre) provided by recommended waste applications;

iii. Nitrogen (lbs. N) supplied by prior crop;

iv. Nutrients (lbs. N, P[2]O[5], and K[2]O per acre) supplied from prior bio-nutrients;

v. Fertilizer recommendations including application rate and fertilizer formulation;

vi. Nutrients (lbs N, P[2]O[5], and K[2]O lbs/acre) provided by recommended fertilizer applications; and,

vii. A total nutrient budget calculated based on total crop needs and all nutrients provided.

l. Animal waste storage and handling including:

i. Animal information;

a) Number, type, and weight of all livestock or domestic fowl at the LFO facility;

b) Period of confinement for each animal; and,

c) Housing and bedding type.

ii. Waste Storage;

a) Type of storage; and,

b) Volume and density of each waste produced (manure, bedding, wash water, runoff water, whey, biosolids, etc.) as stored;

iii. Nutrient Content of Waste Storage;

a) A table detailing results from the sampling and testing of animal waste including type of wastes, location of waste storage, sample ID, date of test, waste density, total N, ammonium N (as a part of total N), organic N (as a part of total N), phosphorus (as P205), and potassium (as K20).

iv. A list of any additional methods of managing waste including, but not limited to compost management details, such as the amount and type of material composted, leachate collection, and disposal methods;

v. If excess nutrients exist alternatives presented for off-farm use of the animal waste and appropriate documentation provided; and,

vi. Documentation on wastes exported including:

a) The amount and form of waste exported;

b) The date of manure exportation with signatures from both producers acknowledging the transfer; and,

c) A copy of a current waste test (less than 1 year old).

m. A copy of the results (issued from the testing laboratory) from all nutrient tests of soil, plants, water, manure, or organic by-product required and/or used in the development of the nutrient management plan;

n. Highly Erodible Land (HEL) determination;

o. A copy of all required risk assessments including but not limited to RUSLE2 soil loss calculations, a copy of the Leaching Index, and a copy of the Vermont Phosphorus Index;

p. All supporting information used to:

i. Document adequate storage of manure, compost, and other wastes, including procedures to ensure proper operation and maintenance of the storage facilities;

ii. Document proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, storm water, waste storage, or treatment system that is not specifically designed to treat animal mortalities;

iii. Document that clean water is diverted, as appropriate, from the production area;

iv. Document that confined animals within the production area do not have direct contact with waters of the state; and,

v. Document that chemicals and other contaminants handled on-site are not disposed of in any manure, compost, waste, or storm water storage or treatment system unless specifically designed to treat such chemicals and other contaminants.

q. Procedures for annual plan updates;

r. Assistance notes (NRCS CONS-6 equivalent) showing discussions with the landowner during the development of the plan, site visits, etc;

s. A statement that the plan was developed based on the requirements of the LFO Rules and any applicable Federal regulations; and that a change in any of these requirements may necessitate a revision of the plan; and,

t. Guidance for implementation, operation, maintenance, and recordkeeping including blank record keeping templates as required for crop history, animal waste applications, commercial fertilizer applications, yield history, and pasture history.

History

• EFFECTIVE DATE: November 23, 1999 Secretary of State Rule Log #99-67
• AMENDED: November 28, 2007 Secretary of State Rule Log #07-046

Chapter 011 DOG, CAT AND WOLF-HYBRID SPAYING AND NEUTERING PROGRAM AND FUND

20-011 Code Vt. R. 20-010-011-X DOG, CAT AND WOLF-HYBRID SPAYING AND NEUTERING PROGRAM AND FUND

Part 1 AUTHORITY AND PURPOSE

Section 1.1 Authority

These rules implement the Dog, Cat and Wolf-Hybrid Spaying and Neutering Program of the Agency of Agriculture, Food and Markets. The program and these rules are authorized by Title 20 VSA Chapter 193 Subchapter 6.

Section 1.2 Purpose

The purpose of this program is to reduce the population of unwanted companion animals by assisting low income Vermonters with certain veterinary costs associated with the permanent sexual sterilization of their companion animals through spaying and neutering. This is a discretionary public benefit program with limited funding.

Part 2 DEFINITIONS OF TERMS

Section 2.1 Definitions

For purposes of these rules, the following definitions apply:

(a) "Agency" means the Agency of Agriculture, Food and Markets or its designee.

(b) "Companion Animal" means a dog, cat, or wolf-hybrid owned, sheltered, and cared for by a Vermont resident.

(c) "Filing" means signing, dating and posting by first class mail or hand-delivering during business hours.

(d) "Household" means one or more related or non-related individuals who are living together as one economic unit.

(e) "Participating veterinarian" means a veterinarian who has a current Program Participation Agreement filed with the Agency.

(f) "Peri-operative pain medication" means any pharmaceutical agent that is administered to a companion animal before or during the spaying or neutering of that animal in order to minimize discomfort associated with the procedure. It shall not include medication that is sent home with the companion animal at the time of discharge.

(g) "Pet Owner" means a Vermont resident who owns a companion animal and applies for or has received a voucher under the program.

(h) "Pre-surgical immunization" means immunization of dogs and wolf-hybrids against rabies, distemper, hepatitis, leptospirosis, and parvovirus; and cats against rabies, feline panleukopenia, calici, pneumonitis, and rhinotracheitis.

(i) "Program" means the dog, cat and wolf-hybrid spaying and neutering program described in these rules and includes the applicable immunization and sterilization reimbursement rates for participating veterinarians and the pet owner co-pay amount established by the Agency.

(j) "Sterilization" means spaying or neutering, including examination, surgery, maintenance, anesthesia, peri-operative pain medication, discharge and removal of sutures.

(k) "Veterinarian" means a veterinarian with a valid license to practice veterinary medicine in the state of Vermont.

(l) "Voucher" means a certificate issued to a program eligible pet owner that a participating veterinarian may submit to the Agency for reimbursable costs associated with the sterilization and immunization of the pet owner's companion animal as set forth in these rules.

Part 3 ELIGIBILITY AND CO-PAY

Section 3.1 General Eligibility

This program is open to any Vermont resident who owns a companion animal acquired for no compensation or for a nominal fee of no more than $ 75.00 and who is income eligible as set forth in these rules.

Section 3.2 Income Eligibility

The owner of a companion animal who has a household income at or below 185% of the federal poverty limit, as demonstrated by participation in a state or federal public benefit program with the same or more stringent income eligibility guidelines, is income eligible. A participant in the Vermont Department of Health's WIC Program is also income eligible.

Section 3.3 Pet Owner Co-pay Amounts

A pet owner utilizing the program is required to provide a co-payment in the minimum amount of $ 25.00 per companion animal.

(a) The Agency may increase the co-payment amount by no more than $ 2.00 every year, up to a maximum of $ 35.00 per animal.

(b) The Agency may adopt a schedule of graduated co-payment amounts for multi-animal households, and for different animal species, size, and procedure, as long as the per animal co-pay does not go below the $ 25.00 minimum.

(c) Co-payment amounts shall be paid by the pet owner to the participating veterinarian no later than the time the companion animal is presented for its sterilization procedure. The co-payment amount shall be retained by the veterinarian and shall be deducted from the total amount the veterinarian is otherwise due for reimbursable fees authorized under this program.

(d) Co-payment amounts shall be published annually.

Section 3.4 Frequency of Program Benefit

Pet owners who meet the program eligibility requirements are encouraged to seek vouchers for all non-sterilized companion animals in the household that qualify for VSNIP. The Agency, in its discretion, may limit the number of vouchers issued to an income eligible pet owner that has multiple non-sterilized companion animals.

Section 3.5 Obtaining a Voucher

Pet owners must apply for and be determined eligible to receive a voucher for sterilization and immunization as described in these rules. The pet owner shall provide certification of income eligibility in the manner and form prescribed by the Agency. The Agency may require documentary verification of eligibility, including residency. The pet owner's full name must appear on the verifying document.

Section 3.6 False or Misleading Information

Applicants and pet owners may be subject to the criminal sanctions of 13 V.S.A. § 3016 for false, misleading, or untrue representations in the application process or use of a voucher.

Part 4 VETERINARY PARTICIPATION

Section 4.1 Veterinarian's Agreement to Participate

(a) In order for a veterinarian to receive payment for reimbursable services rendered to a companion animal of a pet owner with a valid voucher, the veterinarian must enroll with the Agency as a participating veterinarian and annually file a "Veterinarian's Agreement to Participate."

(b) The veterinarian shall provide the following information on the agreement:

(1) Name of Veterinarian or Veterinary Facility;

(2) Address;

(3) Telephone number; and

(4) Name of facility representative, if different than the veterinarian.

(c) The veterinarian shall provide a fee schedule in the agreement, which shall be kept confidential, for the following:

(1) The fee for sterilization of female dogs in each of the following categories of weights:

a. Small - Up to 25 lbs.;

b. Medium - 26-50 lbs.;

c. Large - 51-75 lbs.; and

d. Extra Large

• Over 75 lbs.;

(2) The fee for sterilization of female cats at any weight;

(3) The fee for sterilization of male dogs in each of the following categories of weights:

a. Small - Up to 25 lbs.;

b. Medium - 26-50 lbs.;

c. Large - 51-75 lbs.; and

d. Extra Large - Over 75 lbs.;

(4) The fee for sterilization of male cats at any weight;

(5) A certifying statement that the fee schedule is accurate and the usual and customary charge for all clients.

(d) The agreement shall provide that:

(1) the veterinarian's fees for the program shall remain in effect during the effective period of the agreement;

(2) the fees shall be for the entire surgical procedure which includes hospital care, pre-surgical physical exam, anesthesia, perioperative pain medication, and removal of sutures;

(3) Post surgical pain medication will be recommended to pet owners, at their own expense, but those fees are not covered under the existing program.

(4) the veterinarian is responsible for collecting the applicable copay from the pet owner for each companion animal sterilized and the co-pay shall be retained by the veterinarian and deducted from the total amount to be reimbursed by the Agency;

(5) the veterinarian shall be reimbursed for pre-surgical immunization, if needed, at his or her cost or at the state-wide, average rate determined by the Agency, whichever is lower;

(6) reimbursement to the veterinarian shall be made bi-monthly by the Agency as long as vouchers are promptly submitted for review and payment;

(7) any fees associated with any surgical complications shall not be subject to reimbursement by the Agency and will be the responsibility of the pet owner, including any fees associated with current estrus or pregnancy;

(8) the maximum amount of reimbursement for sterilization surgery to the veterinarian shall not exceed the statewide median procedure fee, as determined by the Agency;

(9) if funds for reimbursement become depleted, the Agency shall immediately notify participating veterinarians, and they can agree to stop performing surgeries under this program;

(10) the veterinarian agrees to submit all vouchers to the Agency for payment within 10 days of the end of the month in which the sterilization and immunization(s) are performed;

(11) the veterinarian shall not be reimbursed by the Agency for sterilizations performed on companion animals which are not described on a valid voucher.

(e) This Agreement shall also include:

(1) The names of the veterinarians practicing at the facility and their signatures;

(2) Vermont license number to practice veterinary medicine; and

(3) Date of agreement;

(f) Agreements shall be effective upon filing with the Agency.

Section 4.2 Other Provisions

(a) Requests for reimbursements for vouchers shall be submitted in the manner and form prescribed by the Agency, and may include the following required information:

(1) Name of veterinarian, business name, address, telephone number;

(2) Type of sterilization and date of surgery;

(3) Rabies and pre-surgical immunization(s) and date, if administered;

(4) Confirmation that co-payment was received from or on behalf of the pet owner for sterilization;

(5) Certification that the sterilization and pre-surgical immunization, if administered, was carried out as recorded; and

(6) Signature of veterinarian and date.

(b) Any veterinarian who participates or has participated in the program shall allow the Agency to inspect or audit records maintained by the veterinarian for compliance with these rules. Records shall be maintained by the veterinarian for a period of at least three years.

(c) Veterinarians may be subject to the criminal sanctions of 13 V.S.A. § 3016 for false, misleading, or untrue representations made to the Agency in connection with submitting vouchers for reimbursement.

(d) By enrolling as a participating veterinarian, the veterinarian agrees to accept the program reimbursement rates for vouchers as the full payment for the sterilization procedure, as well as for any pre-surgical immunizations, as described in these rules.

Part 5 PET OWNER APPLICATION AND CONSENT FORM

Section 5.1 Application and Consent Form

(a) The voucher application form shall be certified by the pet owner and filed with or delivered to the Agency for review and approval consistent with the criteria set forth in Part 3. Seniors and persons with disabilities may utilize a proxy from a recognized social service agency in the application process.

(b) Only those pet owners who are eligible as described in Part 3 of this rule shall receive voucher(s). Pet owners may apply for, and are encouraged to seek, multiple vouchers with one application for all non-sterilized companion animals they own.

(c) The pet owner shall provide the following information in the voucher application process:

(1) Name and address of pet owner;

(2) Statement of household income eligibility

(3) The following information about each animal for which a voucher is sought:

(a) Name of companion animal;

(b) Species;

(c) Breed;

(d) Sex;

(e) Animal weight/size

(f) Color(s);

(4) Statement of consent for rabies and pre-surgical immunization, and sterilization of the companion animal;

(5) Agreement to license or register the animal in the appropriate jurisdiction;

(6) Certification that the companion animal was acquired for no compensation or for a nominal fee of no more than $ 75.00;

(7) Agreement to pay the applicable co-pay amount to the participating veterinarian no later than the time the animal is presented for its sterilization;

(8) Certification of accuracy and truthfulness, acknowledgement of consequences for false claim, and signature of pet owner.

(d) Incomplete applications may be rejected and the Agency may require documentary verification of all required information.

Section 5.2 Vouchers

(a) If the Agency accepts and approves the application, it shall issue a non-transferrable, time-limited voucher to the pet owner for the animal described, as long as funds allow. The voucher shall contain the name and address of the pet owner as well as the name, species, sex, age/weight, and color of the companion animal. The Agency may, in its discretion, limit the number of vouchers issued to a pet owner with multiple companion animals.

(b) If the Agency denies an application, the pet owner may apply for a variance from the eligibility criteria and appeal the denial to the Secretary or designee.

(c) Vouchers must be presented to a participating veterinarian by the pet owner within six weeks (forty two days) of issuance along with the applicable co-payment. The pet owner is responsible for additional charges and non-reimbursable costs incurred by pregnancy or current estrus, including pre-surgical blood work and post-surgical pain medication.

(d) The veterinarian shall complete the appropriate section of the voucher and submit it to the Agency within 10 days of the end of the month in the form and manner prescribed by the Agency.

Part 6 ADMINISTRATION

Section 6.1 General

(a) The Agency shall determine:

(1) the dollar amounts that translate to household income at or below 185% of the federal poverty limit for various household sizes;

(2) the statewide median reimbursement rates for veterinary sterilization procedures and the average rate for pre-surgical immunizations; and

(3) pet-owner co-pay amount(s).

(b) The Agency shall utilize fee information from participating veterinarians and the annual cost of living index (source determined by the Agency) to determine the veterinary reimbursement rates for vouchers. The Agency may consult with the Vermont Veterinary Medical Association in determining any adjustments.

(c) The Agency shall monitor, at regular intervals, the following data:

(1) Number of surgeries performed by each participating veterinarian;

(2) Number of dogs spayed, neutered, or immunized by each participating veterinarian in each of the following categories:

a. Small

• Up to 25 lbs.;

b. Medium - 26-50 lbs.;

c. Large -51-75 lbs.; and

d. Extra Large -Over 75 lb

(3) Number of cats spayed, neutered or immunized by each participating veterinarian at any weight;

(4) Total reimbursement made to each participating veterinarian or veterinarian practice.

(5) Number of vouchers issued to pet owners for each species and, if dog or wolf-hybrid, its size or weight.

(6) Number of vouchers distributed and utilized within geographic areas of the state, as defined by the Agency;

(7) Number of vouchers issued to seniors.

(d) The Agency shall compile a summary of the data required under this section annually.

Section 6.2 Reimbursement Calculations

Total reimbursement amounts for vouchers submitted by participating veterinarians during each reimbursement period shall be determined as follows:

(a) First, calculate a surgical procedure subtotal:

(1) List the number of sterilizations performed on each species and sex and if on dogs or wolf-hybrids also by size/weight, and then multiply the number in each category by the allowable cost per sterilization for that category.

(2) The allowable cost is either

(A) the actual cost, as set forth on the veterinarian's agreement to participate, as long as the actual cost is less than or equal to the statewide median cost or

(B) a maximum of the statewide median cost, if the actual cost, as set forth on the veterinarian's agreement to participate, is higher than the statewide median cost.

(C) in no case may a veterinarian receive reimbursement based on a sterilization fee that exceeds the state wide median cost for any surgical procedure.

(b) Second, calculate an immunization subtotal.

(1) List the number of immunizations administered for each species, by series, and

(2) multiply the number in each category by the veterinarian's approved immunization reimbursement rate for that category, as established by the Agency.

(c) Third, add the surgical subtotal to the immunization subtotal.

(d) Fourth, subtract from the resulting sum the total co-payment amount. Calculate the co-payment total by multiplying the number of surgical procedures for which reimbursement is claimed by the applicable co-payment amount that participating veterinarians are required to collect when the animal is presented for surgery.

(e) The Agency shall reimburse participating veterinarians on a bi monthly basis as long as vouchers are timely submitted and requested reimbursement amounts are accurately calculated.

Section 6.3 Miscellaneous

(a) The Agency shall maintain a current list of participating veterinarians.

(b) The Agency shall monitor the program budget and suspend or otherwise control the rate of voucher distribution if funds become depleted or may become depleted. The Agency may maintain a waiting list if the number of eligible pet owners exceeds available funding to cover vouchers.

(c) The Agency shall immediately notify participating veterinarians if funding for the program is no longer available. The Agency shall honor all vouchers presented by pet owners to veterinarians for sterilization procedures that have been completed or scheduled as of the date of notification.

(d) The Agency may reserve up to 10% of vouchers in a fiscal year for distribution to eligible seniors.

(e) The Agency shall disqualify any sterilization fee which exceeds the statewide median or any immunization fee which exceeds the statewide average.

(f) The Agency and participating veterinarians shall not disclose the names of or information pertaining to applicants for or recipients of vouchers except for the purposes directly connected with the administration of the program or when required by law.

(g) The Agency shall maintain records related to the application process for three years. Records related to payment shall be maintained for three years or until the completion of an audit initiated within the three year period.

(h) The Agency, in its sole discretion, may grant a variance to the pet owner eligibility criteria in Part 3. Requests for a variance by a pet owner or duly authorized proxy must be made in writing, accompanied by a completed application, and explain why the pet owner's circumstances are unique and exceptional and warrant departure from the criteria set forth in Part 3. The Agency shall respond to variance requests in writing. Financial hardship, alone, shall not establish a basis for granting a variance.

Section 6.4 Funding Fees Collected

Cities and towns shall forward the yearly animal population control fees collected in conjunction with the dog licensing fees to the Treasurer no later than May 15 [th ] of each year. Checks should be made payable to "Treasurer, State of VT."

History

• STATUTORY AUTHORITY: 6 V.S.A. § 1; 20 V.S.A. §§ 3815, 3817
• EFFECTIVE DATE: June 6, 2005 Secretary of State Rule Log #05-12
• AMENDED: September 2, 2008 Secretary of State Rule Log #08-033; July 1, 2010 Secretary of State Rule Log #10-008

Chapter 012 MEDIUM AND SMALL FARM OPERATION RULES FOR ISSUANCE OF GENERAL AND INDIVIDUAL PERMITS

20-012 Code Vt. R. 20-010-012-X MEDIUM AND SMALL FARM OPERATION RULES FOR ISSUANCE OF GENERAL AND INDIVIDUAL PERMITS

SUBCHAPTER I Authority

These Rules are adopted under the express authority of 6 V.S.A. chapter 215 subchapter 5 section 4858 and under 6 V.S.A. subchapter 1(a)(10). The Secretary is authorized to adopt rules under 3 V.S.A. chapter 25, for the implementation of the provisions of 6 V.S.A. chapter 215 subchapter 5.

Related statutes include 6 V.S.A. chapter 215 subchapter 5 sections: 4856 regarding recycling animal waste nutrients; 4857 regarding definitions; 4858 regarding animal waste permits; 4859 regarding public notice and hearings; 4860 regarding revocation and enforcement; and, 4861 regarding appeals.

SUBCHAPTER II Declaration of Purpose

These Rules establish procedures for administration, public notice and hearing, comment, enforcement, transition, revocation and appeals, as well as standards for the issuance of a Medium Farm Operation (MFO) General Permit, including conditions, procedures, and standards for the issuance of Individual Permits for MFOs as may be required under certain circumstances.

The General Permit will be designed to ensure that medium farms generating animal waste comply with Vermont's water quality standards. Unless otherwise given notice by the Agency, all medium farms in Vermont are required to operate under the coverage and conditions of the General Permit.

The MFO general permitting program is designed to achieve the purpose of 6 V.S.A. chapter 215 subchapter 5. The Vermont Agency of Agriculture, Food and Markets intends that these Rules will establish a process for the issuance of a General Permit that will cause a Vermont MFO operator to manage a medium farm in a manner which achieves at least an equivalent technical standard as required by federal regulations.

SUBCHAPTER III Definitions

25-year 24-hour Rainfall Event: means the maximum 24-hour precipitation event with a probable recurrence interval of once every 25 years, as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States", May 1961 and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom.

AAPs: means the Vermont Accepted Agricultural Practice Regulations adopted pursuant to 6 V.S.A. Chapter 215.

AFO: means an animal feeding operation.

Animal Feeding Operation: means a lot or facility which has animals (other than aquatic animals) that have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility where animals are confined.

Two or more individual farms qualifying as an AFO which are under common ownership and which adjoin each other or use a common area or system for the disposal of animal waste, shall be considered to be a single AFO if the combined number of livestock or domestic fowl resulting qualifies as a medium farm as defined herein.

Agency: means the Vermont Agency of Agriculture, Food and Markets.

Animal Type: means livestock or domestic fowl type.

Certified Nutrient Management Planner: means an individual certified through the completion of the USDA/NRCS nutrient management certification process who creates, reviews, and modifies NMPs.

Conservation Practice: means a specific treatment used to address specific natural resources needs and can be structural, vegetative, or land management.

Cropland: means land devoted to row crop, perennial production, or pasture production.

Dirty Water: means precipitation or other water which has moved in, over or through a barnyard, manure, or other nutrient or pathogen laden matter, so that they have become co-mingled.

Discharge: means the placing, depositing, or emission of waste directly into surface water.

Domestic Fowl: means laying-hens, broilers, ducks, and turkeys.

Existing MFO: means an AFO meeting the definition of a MFO at the time the General Permit is issued.

Groundwater: means water below the land surface in a zone of saturation, but does not include surface waters.

Land Application Area: means land under the control of an AFO owner or operator, whether it is owned, rented, or leased, to which wastes from the production area is or may be applied.

Livestock: means cattle, swine, sheep, horses, or other animal types as deemed by the Secretary.

MFO: means a Medium Farm Operation.

Medium Farm Operation: means an AFO which houses:

(i) 200 to 699 mature dairy cows, whether milked or dry;

(ii) 300 to 999 youngstock or heifers;

(iii) 300 to 999 veal calves;

(iv) 300 to 999 cattle or cow/calf pairs;

(v) 750 to 2,499 swine weighing over 55 pounds;

(vi) 3000 to 9,999 swine weighing less than 55 pounds;

(vii) 150 to 499 horses;

(viii) 3,000 to 9,999 sheep or lambs;

(ix) 16,500 to 54,999 turkeys;

(x) 9,000 to 29,999 laying hens or broilers with a liquid manure system;

(xi) 25,000 to 81,999 laying hens without a liquid manure handling system;

(xii) 1,500 to 4,999 ducks with a liquid manure handling system;

(xiii) 10,000 to 29,999 ducks without a liquid manure handling system; or,

(xiv) any other animal type and number that the Secretary may deem

New MFO: means an AFO meeting the definition of a MFO after the General Permit is issued.

NRCS: means United States Department of Agriculture (USDA) Natural Resources Conservation Service.

Nutrient Management: means managing the amount, form, placement, and timing of plant nutrient applications to obtain optimum forage and crop yields, minimize the entry of nutrients into waters of the state and groundwater, and optimize economic use of nutrients generated on and off the farm.

Nutrient Management Plan: means the system by which animal waste generation, storage, and use is handled for the purpose of obtaining optimum forage and crop yields including the relating management aspects of fertilizer nutrients, conservation practices, animal mortalities, clean water, chemical handling, waste and soil testing, and record keeping.

NMP: means nutrient management plan.

Pasture: means a confined area of perennial vegetation used for the grazing and confinement of animals.

Permit Decision: means a decision by the Secretary to issue a General Permit or permits, to issue a subsequent General Permit or permits, or to require a small farm to obtain an Individual Animal Waste Permit in order to continue in operation.

Permittee: means a person or business that has received a MFO General or Individual Permit.

Person: means:

(a) an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership; or

(b) a municipality or state agency; or

(c) individuals and entities affiliated with each other for profit, consideration or any other beneficial interest derived from agricultural land management.

Person Aggrieved: means a person who alleges an injury to a particularized interest where the injury is attributable to an act or decision by the Secretary under subchapter 5 of chapter 215 of title 6 and the injury can be redressed by the environmental court or the Supreme Court.

Production Area: means those parts of a MFO that includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. Also included in the definition of production area is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of mortalities.

Ruling: means a determination by the Secretary, after notice and an opportunity to be heard by a medium farm, that a medium farm is required to apply for and to obtain an Individual Animal Waste Permit in order to continue in operation, or a determination by the Secretary to deny an application by a medium farm for coverage under an Individual Animal Waste Permit.

Secretary: means the Secretary of the Agency of Agriculture, Food & Markets.

Small Farm Operation: means an AFO which houses no more than 199 mature dairy animals, 299 youngstock or heifers, 299 cattle or cow/calf pairs, 749 swine weighing over 55 pounds, 2,999 swine weighing less than 55 pounds, 149 horses, 2,999 sheep or lambs, 16,499 turkeys, 8,999 laying hens or broilers with a liquid manure handling system, 24,999 laying hens without a liquid manure handling system, 37,499 chickens other than laying hens without a liquid manure handling system, or 9,999 ducks without a liquid manure handling system.

Vermont Water Quality Standards: means the standards and criteria adopted by the Vermont Water Resources Board, pursuant to 10 V.S.A. Chapter 47 section 1252(e).

Waste: means, for the purposes of these Rules, spoiled feed, manure, milkhouse waste, washwater, leachate, used bedding, carcasses, barnyard runoff, or other dirty water.

Waste Management System: means an on-farm waste management program and conservation practices which include, but are not limited to, a combination of:

1. an adequately sized waste storage facility, field stacking, composting, leachate control system, and milkhouse waste system;

2. contracts which transfer the ownership of wastes generated at a production area to another party for management in a manner determined by the Secretary; and/or,

3. a nutrient management plan (NMP) for all wastes to be applied in compliance with these Rules.

Waste Storage Facility: means an impoundment made for the purpose of storing agricultural waste by constructing an embankment, excavating a pit or dugout, fabricating an in-ground or above-ground structure, or any combination thereof.

Waters of the State: means, for the purpose of these Rules, all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, which are contained within, flow through or border the State or any portion of it.

SUBCHAPTER IV Coverage Under the MFO General Animal Waste Permit

A. After the conclusion of the MFO General Permit adoption process and final issuance of the MFO General Permit, no person shall operate a medium farm without authorization from the Secretary pursuant to 6 V.S.A. chapter 215 subchapter 5.

B. The following animal feeding operations shall seek coverage under the Medium Farm General Permit:

1. An existing animal feeding operation (AFO) meeting the definition of a Medium Farm Operation (MFO); or,

2. A new animal feeding operation (AFO) meeting the definition of a Medium Farm Operation (MFO).

C. A Medium Farm Operation seeking coverage under this General Permit is required to submit a Notice of Intent to Comply (NOIC) with the conditions as set forth within the General Permit. The NOIC must be received by the Agency no later than 180 days from issuance of the General Permit.

D. Prior to increasing the animal numbers to more than those defined by the MFO definition, a farm operation shall submit a NOIC in compliance with the conditions of the MFO General Permit.

E. The owner or operator of a small farm may seek coverage under the Medium Farm General Permit adopted pursuant to this section by certifying to the Secretary, in a manner specified by the Secretary, that the small farm compiles with the requirements and conditions of the Medium Farm General Permit.

F. All farm operations seeking coverage under the Medium Farm General Permit shall receive written notification of permit coverage or denial.

G. The following situations may be exempt from the MFO General Permit requirements:

1. A farming operation that already operates under a MFO Individual Permit; or,

2. An operation that already operates under a LFO permit.

F. The following activities are prohibited under the coverage of this MFO General Permit:

1. Operation of a production area in a manner to cause a discharge to waters of the state, or to violate state groundwater standards.

SUBCHAPTER V Public Notification and Hearing Process for the Adoption of a Draft General Animal Waste Permit

A. Whenever the Secretary proposes to issue a General Permit for the regulation of animal wastes for medium or small farms he or she shall first prepare a draft permit for the purpose of receiving and considering public comment.

B. The following elements of the Draft MFO General Permit shall include, but not be limited to:

1. A Cover Page;

2. Effluent Limitations and Standards;

3. Monitoring and Reporting Requirements;

4. Record Keeping Requirements;

Special Conditions;

Standard Conditions;

Signatory Requirements;

8. Certification;

9. Availability of Reports;

10. Penalties for Violations of Permit Conditions; and,

11. Definitions.

C. The Draft General Permit shall contain at least the following information:

1. Conditions for required compliance with animal waste management standards and standards for waste management systems;

2. Standards for nutrient management planning;

Conditions for required compliance with record keeping;

4. Conditions for required compliance with inspection and monitoring; and,

5. Conditions for required compliance with implementation schedules.

D. Notification of the Preparation of the Draft General Permit

1. The Agency shall provide public notice of the preparation of a Draft MFO General Permit allowing at least 30 days for public comment.

2. The Agency shall provide notice of the preparation of a Draft MFO General Permit to the following:

a) State Office of the U.S. Corps of Engineers;

b) State Office of the U.S. Fish and Wildlife Service;

c) State Office of the U.S. Department of Agriculture Natural Resource Conservation Service;

d) Vermont Agency of Natural Resources;

e) Vermont Agency of Commerce and Community Affairs;

f) Persons on a mailing list developed by the Agency; and,

g) All town clerks in the State of Vermont.

Notice of the preparation of the Draft MFO General Permit will be placed in two (2) prominent Vermont newspapers. Included in the text of the public notice shall be the availability for viewing of the Draft MFO General Permit on the Agency homepage.

4. Additionally, the Agency may use any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

Public notice of the preparation of the Draft MFO General Permit may be combined with public notification of the initial 30 day comment period and the date and location of a public hearing.

6. A fact sheet for the Draft General Permit shall be prepared by the Agency and made available to the public accompanying the draft permit. The fact sheet shall include:

a) A brief description of the facilities and activities subject to the Draft General Permit;

b) A description of the waste, including manure, milkhouse waste, washwater, leachate, used bedding, carcasses, barnyard runoff, and dirty water, which is subject to regulation under these Rules;

c) A list of the significant conditions of the Draft General Permit;

d) A brief summary of the basis of the Draft General Permit;

e) A description of the procedures for reaching a final decision on the Draft General Permit;

f) The beginning and ending dates of the comment period;

g) Procedures by which the public may participate; and,

h) The name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the Draft General Permit and a fact sheet.

E. Public Comments and Hearing Requests

1. During the initial 30 day public comment period, any person may submit written comments on the Draft MFO General Permit.

2. All persons who believe any condition of the Draft MFO General Permit is inappropriate must raise all reasonable ascertainable issues and submit all reasonable arguments supporting their position by the close of the public comment period.

3. The Secretary may extend the public comment period at his or her discretion whenever, for instance, such comments might clarify one or more issues involved in the permit discussion or expedite the issuance process. Notice of an extended comment period shall be posted on the Agency homepage.

4. At the time of issuance of the MFO General Permit, the Agency shall issue a response to comments raised during the comment period, or hearing(s), specifying which provisions, if any, have been changed and the reasons for the changes, and a brief description and response to all significant comments.

F. Public Hearings

1. The Secretary shall hold a public hearing for the adoption of the Draft General Permit.

2. Public Hearing Procedures

a) The purpose of the hearing shall be to provide an opportunity for the public to learn about the conditions of the General Permit and provide comments to the Agency.

b) The Agency shall find locations for the public hearing and schedule the public hearing meeting.

c) The Agency shall provide public notice of the hearing date and location at least 30 days prior.

d) Notice of the preparation of the hearing date and location will be placed in two (2) prominent Vermont newspapers and will indicate the presence of the Draft General Permit on the Agency homepage. Additionally, the Agency may use any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

e) The published advertisement shall be at least two (2) columns wide by three (3) inches high.

f) Public notice of the hearing may be combined with public notification of the prepared Draft MFO General Permit and initial comment period.

g) Any person may submit oral or written statements and data concerning the Draft MFO General Permit.

h) Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required.

i) The Secretary may designate a Presiding Officer who shall be responsible for facilitating the hearing to ensure, to the extent possible, full participation by attendees.

j) The public hearings shall be recorded and transcripts made available at cost to the public upon written request to the Secretary.

k) The Agency will receive public comments for at least 30 days following the hearing.

l) All persons who believe any condition of the Draft MFO General Permit is inappropriate should raise all reasonable ascertainable issues and submit all reasonable arguments supporting their position by the close of the public comment period.

m) Following the 30 day comment period, the revised Draft MFO General Permit will be placed on the Agency's homepage.

n) Public hearings shall be held in handicapped accessible locations.

SUBCHAPTER VI Issuance and Duration of the MFO General Animal Waste Permit

A. After the close of the public comment period, the Secretary shall issue the MFO General Permit. The MFO General Permit shall be in affect immediately after the Secretary's signature and dating.

B. The MFO General Permit will remain in affect for a period of five (5) years from the date of issuance.

C. Transfer of an MFO permit

1. A MFO may transfer General Permit coverage with the sale or lease of a farm. Written notification shall be made by the original permittee to the Agency within 10 days of that transaction. Written notification shall include a statement signed by the new owner or lessee which indicates that the new owner or lessee understands and agrees to comply with the conditions of the transferred MFO permit.

2. The new owner or lessee shall notify the Secretary in writing within 30 days of that transaction, describing any proposed changes in operation or facilities, or the lack thereof. No change in animal type is allowed to occur without a full review of the operation by the Agency.

SUBCHAPTER VII Issuance of an Individual Animal Waste Permit for Medium Farm Operations

A. Upon determination of any of the following circumstances, the Secretary may require a Medium Farm Operation to apply for and obtain an Individual Medium Farm Operation Permit:

1. A determination by the Secretary that a MFO is not in compliance with the conditions of the General Permit;

2. A determination by the Secretary that a MFO has had a history of noncompliance and continues not to be in compliance with AAPs;

3. A determination by the Secretary that a MFO owner or operator is using unproven experimental technology;

4. A determination by the Secretary that a field is no longer acceptable for spreading or spray irrigation of wastes, thereby requiring site specific conditions;

5. A determination by the Secretary that the nutrient application rates need to be adjusted, thereby requiring site specific conditions; and,

6. A determination by the Secretary that implementation of a NMP may result in an unpermitted discharge to waters of the state.

B. Process for Secretary's Determination for Issuance of a Ruling Concerning Requirements for an Individual Permit for a Medium Farm Operation

1. Upon determination by the Secretary that an Individual Permit for a MFO is warranted, the Agency will notify the owner or operator in writing by certified mail, or in person, that an application for an Individual Permit is required.

2. The letter from the Agency to the MFO owner or operator requesting submittal of an Individual Permit application shall state the reasons for the determination by the Secretary, an outline of proposed conditions, a proposed schedule of compliance, and the process for requesting a hearing before the Secretary in the event that the owner or operator wishes to appeal the determination.

3. The owner or operator of the MFO may appeal the Secretary's ruling within 30 days of the receipt of the Secretary's ruling. An appeal is made by submitting a request for a hearing in writing to the Secretary, which must be received by the Secretary within 30 days of the receipt of the written ruling and stating therein the reasons for the appeal.

4. The Secretary shall conduct the hearing in accordance with 6 V.S.A. section 11.

C. If an owner or operator fails to submit an Individual Permit application as required by the Agency and does not request a hearing in a timely manner, then coverage under the General Permit is automatically terminated at the end of the day for specified submittal of the Individual Permit application.

D. When an Individual Permit is issued to an owner or operator otherwise subject to the General Permit, coverage under the General Permit is automatically terminated on the effective date of the Individual Permit.

E. Application Process for an Individual Permit for a Medium Farm Operation

1. An operator of a farm may petition the Secretary to request issuance of an Individual Permit.

2. All requests for issuance or coverage under an Individual Permit shall be in writing to the Secretary and shall contain any facts or reasons supporting the request including why coverage under a General Permit is inadequate to meet the purposes of the MFO Law or Rules.

3. If the Secretary rules the request is not justified, he or she shall send the petitioner a written response giving a reason for the ruling.

F. Upon issuance of an Individual Permit to a medium farm, the permittee shall comply with all the requirements of these Rules, including but not limited to:

1. Management and design standards;

2. Nutrient management plan requirements and components;

3. Plan maintenance and record keeping;

4. Annual reporting requirements; and,

5. Other site-specific conditions required by the Secretary in order to comply with these Rules and protect water quality.

G. Revisions and Modifications to MFO Individual Permits

1. Prior to making a substantial change in the operation that would lead to a violation of a condition of the Individual Permit, a permittee shall submit a letter of intent to the Secretary describing the proposed change or changes. The Secretary will determine whether the change remains within the conditions of the permit. The Secretary's written determination will be sent to the Permittee within 30 days of the receipt of the letter of intent.

2. Where Agency-initiated modifications to the MFO Individual Permit require actions by the permittee, such actions shall be completed by the Permittee within the time frame established by the Agency. Prior to any modifications to a MFO Individual Permit, the Secretary shall notify the permittee in writing of the proposed modification. The permittee shall have 30 business days to request to be heard regarding the proposed modification. This 30-day period may be extended by good cause shown by the permittee. If no such request is made, the Secretary may modify the permit accordingly.

3. No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied.

H. Transfer of a MFO Individual Permit

1. A permittee may transfer ownership of a MFO Individual Permit with the sale or lease of a MFO if the livestock or fowl types and numbers will not be changed. Written notification shall be made by the original permittee to the Agency within 10 days of that transaction. Written notification shall include a statement signed by the new owner or lessee which indicates that the new owner or lessee understands and agrees to comply with the conditions of the transferred MFO Individual Permit.

2. The new owner or lessee shall notify the Secretary in writing within 30 days of that transaction, describing any proposed changes in the operation or facilities, or the lack thereof.

3. The Secretary may, within 30 days after the receipt of the notification, determine whether an Individual Permit amendment is required.

SUBCHAPTER VIII Issuance of an Individual Animal Waste Permit for Small Farm Operations

A. Upon a determination by the Secretary that a Small Farm Operation has had a history of non-compliance with the AAPs and is and will continue to be not in compliance with the AAPs, the Secretary may require a Small Farm Operation to apply for and obtain an Individual Small Farm Operation Permit.

B. Process for the Secretary's Determination for Issuance of a Ruling Concerning Requirements for an Individual Permit for a Small Farm Operation

1. Upon determination by the Secretary that an Individual Permit for a small farm is warranted, the Agency will notify the farm in writing by certified mail, or in person, that an application for an Individual Permit is required.

2. The letter from the Agency to the small farm requesting submittal of an Individual Permit application shall state the reasons for the determination by the Secretary, an outline of proposed conditions, a proposed schedule of compliance, and the process for requesting a hearing before the Secretary in the event that the owner or operator wishes to appeal the determination.

3. The small farm may appeal the Secretary's ruling within 30 days of the receipt of the Secretary's ruling. An appeal is made by submitting a request for a hearing in writing to the Secretary, which must be received by the Secretary within 30 days of the receipt of the written ruling and stating therein the reasons for the appeal.

4. The Secretary shall conduct the hearing in accordance with 6 V.S.A. section 11.

C. Upon issuance of an Individual Permit to a small farm, the permittee shall comply with all the requirements of these Rules applicable to MFOs, including but not limited to:

1. Management and design standards;

Nutrient management plan requirements and components;

3. Plan maintenance and record keeping;

4. Annual reporting requirements; and,

5. Other site-specific conditions required by the Secretary in order to comply with these Rules and protect water quality.

SUBCHAPTER IX Revocation of General or Individual Permit Coverage

A. The Secretary may, after due notice and an opportunity for hearing with the permittee, revoke coverage under the General Permit or an Individual Permit issued to a medium or small farm, if after investigation, the Secretary deems the permittee to be in violation of any of the terms or conditions of the MFO General and Individual Permit, provisions of the MFO Law, or provisions of these Rules.

SUBCHAPTER X Compliance and Enforcement Determinations

A. The Secretary may seek enforcement remedies, including reduction of herd size and administrative penalties, under sections 1, 12, 13, 15, 16, and 17 of 6 V.S.A. with regard to any person who violates the terms or conditions of the MFO General and Individual Permits, provisions of the MFO Law, or these MFO Rules.

SUBCHAPTER XI Management and Design Standards

A. Completion Schedule for all Technical Standards Applicable to MFOs

1. Existing MFOs shall have a field-by-field Nutrient Management Plan by March 31, 2008.

2. New MFOs shall have conservation practices to prohibit discharges from the production area and a nutrient management plan to manage wastes, prior to commencing operation.

3. MFOs shall not have a discharge of waste from the production area to waters of the state.

B. General Standards Applicable to all MFOs

1. Conservation practices shall be in place to assure that there are no discharges of wastes from the production area to waters of the state.

2. The production area will be managed in compliance with all applicable AAPs.

3. All land-applied wastes shall be applied at rates according to a NMP developed or approved by a certified nutrient management planner. The NMP shall balance nutrient loading of soils with crop yield goals for the cropland.

4. All wastes generated are stored so as not to generate runoff from a 25-year, 24-hour rainfall event.

C. Groundwater Protection Criteria

Farm operations shall be conducted so that wastes, as that term is defined in the AAP Rules, do not reach or exceed the primary or secondary groundwater standards as established by the Secretary of the Agency of Natural Resources in the Groundwater Protection Rule and Strategy. Where monitoring indicates that wastes, as that term is defined in the AAP Rules, have reached or exceeded an enforcement standard in groundwater, the Secretary may require corrective modifications to the NMP, the waste management system, or other corrective actions as needed.

2. The Secretary may conduct groundwater quality monitoring to assess the impact of agricultural practices and farm operations on the quality of drinking water and groundwater.

3. The Secretary may conduct groundwater sampling:

a) At sites selected by the Secretary where well owners have volunteered or agreed to participate in the sampling program;

b) At sites upon the request of a well owner;

c) At sites selected by the Secretary based on the results of other sampling data or the existence of vulnerable site characteristics;

d) At sites with activities or operations permitted or regulated by the Secretary; and,

e) At sites where the Secretary has received a complaint from a well owner in the vicinity of an agricultural operation that the operation has contaminated the drinking water or groundwater of the well owner.

4. Groundwater Investigation

a) The Secretary shall conduct a groundwater investigation where the Secretary has received a complaint from a well owner in the vicinity of an agricultural operation that the operation or its agricultural practices has contaminated the drinking water or groundwater of the well owner.

b) The Secretary shall investigate the occurrence of contamination where sampling indicates that drinking water or groundwater contains detectable concentrations of agricultural contaminants.

c) The approaches the Secretary may utilize to identify and remediate sources of drinking water and groundwater contamination include, but are not limited to:

i) Conduct site visits to interview property owners and farm operators, gain an understanding of the physical characteristics of the landscape, and locate additional sites for water quality sampling;

ii) Communicate with farm operators and adjacent property owners to identify practices and activities that are potential sources of contamination;

iii) Conduct additional sampling to confirm the detection of contaminants and to determine the extent and scope of contamination at the site;

iv) Make recommendations for changes in activities, management practices, cropping patters, or structural revisions designed to reduce the contamination from current activities and prevent contamination from future activities;

v) Conduct follow up water quality sampling to determine the effectiveness of changes made or corrective actions taken;

vi) Seek additional investigative or consultation resources to evaluate and characterize the site to determine vulnerability to drinking water and groundwater contamination; and,

vii) Review testing results and site evaluations to determine if changes in water quality data are the result of changes in activities or natural site conditions.

5. Where monitoring indicates a farm operation has caused the concentration of wastes in groundwater to reach or exceed the primary or secondary groundwater quality standards as defined by the Secretary of Natural Resources in the Groundwater Protection Rule and Strategy, the farm operation shall be managed to reduce the contamination from current activities and prevent contamination from future activities.

a) Changes in activities, management practices, cropping patterns, or structures to reduce concentration of wastes in groundwater may be implemented according to an Assurance of Discontinuance (AOD) and a compliance schedule issued to the farm operation by the Secretary.

6. The Secretary shall provide written notification of testing results to each individual well owner that participates in the sampling program.

a) Property owners in the vicinity of farm operations and agricultural lands shall receive the test results for each well owned by them that is sampled by the Secretary.

b) Farm operations shall receive the test results for wells owned by the farm operation and for wells adjacent to or impacted by the crop land or facilities managed by the farm operation.

7. The Secretary may require the owner or operator of a waste storage facility to modify the facility to meet the NRCS or an equivalent standard for the facility or to implement additional management measures if the facility poses a threat to human health or the environment as established by a violation of the Groundwater Quality Standards.

8. For the purpose of making a determination that a waste storage facility poses a threat to human health or the environment, the Secretary shall pay for the initial costs to conduct groundwater monitoring. When the Secretary has made a determination that a waste storage facility poses a threat to human health or the environment, the Secretary shall provide notification to the Department of Health and the Agency of Natural Resources. This notification shall occur within twenty-one (21) days and include the location of the facility and the name of the owner or operator. When the Secretary makes a determination that a waste storage facility no longer poses a threat to human health or the environment, the Secretary shall provide notification of the revised determination to the Department of Health and the Agency of Natural Resources.

9. When the Secretary has made a determination that a farm operation poses a threat to human health or the environment, the Secretary may require the cost of continued groundwater monitoring be paid for by the farm operation.

10. The owner or operator of a farm operation required by the Secretary to design, construct or modify a waste storage facility may apply for cost share assistance. If the Secretary lacks adequate cost share assistance funds, the requirements for the design, construction or modification of a waste storage facility shall be suspended until adequate funding is available.

Suspension of the requirements to design, construct or modify a waste storage facility does not relieve an owner or operator of a farm subject to the Medium Farm Operations Permitting Program from the remaining requirements of the MFO Program.

D. Structural Design Standards

1. Structural components of the following aspects of a MFO waste management system shall meet the following conditions:

a) Any agricultural waste storage facility (except concrete slabs) constructed, upgraded, modified, or expanded after July 1, 2006 shall meet or exceed the standards of all applicable NRCS conservation practice standards or equivalent standards certified by a professional engineer licensed in the State of Vermont.

b) Any agricultural waste storage facility or components of a waste management system including, but not limited to, barnyards, manure field stacking sites, leachate control systems, or runoff control systems existing as of July 1, 2006 shall not be required to meet applicable NRCS conservation practice standards or equivalent standards certified by a professional engineer licensed in the State of Vermont provided the facility or system is not causing groundwater to exceed state groundwater standards or is causing a discharge to waters of the state.

c) Medium Farm Operations shall have an agricultural waste storage facility capable of holding waste for 180 consecutive days. An alternative to providing 180 consecutive days worth of storage is developing a manure management program which may involve a combination of field stacking, composting, or contracts which transfer the ownership of manure to another party, for management in a manner to assure compliance with the these Rules.

d) Milkhouse waste systems and leachate runoff systems shall be accounted for in the design of the waste management system or in an approved structure. Milkhouse waste and leachate runoff must be contained in such a way as to prevent a discharge to waters of the state.

e) All storage of compost and the resulting leachate shall be conducted to prevent adverse impacts to waters of the state and groundwater. Compost and compost leachate shall be collected and spread on land without creating an adverse impact to waters of the state and groundwater.

E. Performance Standards and Conditions

1. A waste management system shall be designed, operated, and maintained to prevent groundwater to exceed state groundwater standards and discharges from the production area to waters of the state.

2. If a component of a waste management system, does not prevent discharges of agricultural wastes from the production area to waters of the state, or violates state groundwater standards, or has not been certified by NRCS or by a Vermont licensed professional engineer to meet or exceed NRCS conservation practice standards, or was incorrectly certified as an acceptable structure for the intended use, a MFO may be required to meet designed performance criteria through a schedule of compliance and/or apply for an Individual Permit.

3. The burden of proof that all structures meet design, construction, and operation performance standards lies with the permittee.

SUBCHAPTER XII Nutrient Management Plan Requirements

A. Production of a Nutrient Management Plan

1. All MFO's shall have a field-by-field NMP developed or approved by a certified nutrient management planner as defined by these Rules.

2. The Agency may periodically inspect NMPs developed or approved by certified persons and required records for the purpose of review for compliance with MFO nutrient management requirements. The planner and the farmer shall keep a copy of the plan and plan records for a period no less than 5 years.

B. Requirements of the Planning Process

1. Development and implementation of a NMP shall meet or exceed the standards of Vermont AAPs and shall be in compliance with the following additional criteria to the extent applicable.

a) The nutrient management plan shall:

i) Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities;

ii) Ensure proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, stormwater, or process wastewater storage or treatment system that is not specifically designed to treat animal mortalities;

iii) Ensure clean water is diverted, as appropriate, from the production area;

iv) Prevent direct contact of confined animals with waters of the state;

v) Ensure chemicals and other contaminants handled on-site are not disposed of in any manure, litter, process wastewater, or stormwater storage or treatment system unless specifically designed to treat such chemicals and other contaminants;

vi) Identify appropriate site specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the state;

vii) Identify protocols for appropriate testing of manure, litter, process wastewater, and soil;

viii) Establish protocols to land apply manure, litter or process wastewater in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater, as appropriate; and,

ix) Identify specific records that will be maintained to document the implementation of the NMP.

2. All applicable records identified pursuant to nutrient management requirements (i-ix) above, including test results for vii and viii, shall be kept on-farm for a period of no less than 5 years.

SUBCHAPTER XIII Annual Compliance Reporting Requirements

A. The permittee shall submit an annual report to the Agency April 30 of each year. (see Appendix D -- Annual Compliance Report Form).

B. The annual compliance report must include, but is not limited to, the following information:

1. The number and type of animals, whether in open confinement or housed under roof;

2. An estimated amount of total manure, litter, and process wastewater generated by the MFO in the previous 12 months (tons/gallons);

3. An estimated amount of total manure, litter, and process wastewater transferred to other persons by the MFO in the previous 12 months (tons/gallons);

4. Number of acres for land application covered by the NMP;

5. Total number of acres under control of the MFO that were used for land application of manure, litter, and process wastewater in the previous 12 months;

6. Summary of all manure, litter, and process wastewater discharges from the production area that have occurred in the previous 12 months including the date, time, and approximate volume; and,

7. A statement indicating whether the current version of the MFO's nutrient management plan was developed or approved by a certified nutrient management planner.

C. The permittee shall submit a nutrient management report to the Agency April 30 of each year. (see Appendix F -- Nutrient Management Report Form).

D. The nutrient management report must include, but is not limited to, the following information:

1. Tract number, field number, acreage, previous year's crop, and previous year's crop yield for each field;

2. HEL determination, planned soil loss (as determined using RUSLE2), and previous soil loss (as determined using RULSLE2) for each field;

3. Animal waste application rates by source per field;

4. Fertilizer application rates by formulation per field;

A copy of all animal waste test results; and,

6. A copy of all soil test results.

SUBCHAPTER XIV Appeals

A. Permit Decisions to Issue and Re-Issue General Animal Waste Permits

1. The decision to issue and re-issue General Permits is subject to the preparation of draft permits, public notice, public hearing, and public comments prior to the permit decision being made. Persons aggrieved, as defined in 6 VSA Section 4861, by the permit decision to issue or re-issue a General Permit may appeal the permit decision to the environmental court within 30 days of the date of the effective date of the General Permit.

2. Appeals to the environmental court under this subsection are governed by Environmental Court Rules.

3. Notices of appeal received by the Secretary shall have noted thereon by the Secretary the date on which it was received, and the Secretary shall transmit the notice of appeal to the clerk of the environmental court.

B. Permit Decisions that a Small Farm Operation is Required to Apply for and Obtain an Individual Animal Waste Permit

1. When the Secretary determines, after notice and opportunity by the farm operator to be heard, that a Small Farm Operation is required to obtain an Individual Animal Waste Permit, the operator shall be sent a written decision which shall include, among other things, a statement of the right of the operator to appeal the Secretary's decision to the environmental court.

2. Appeals to the environmental court under this subsection are governed by Environmental Court Rules.

3. Notices of appeal received by the Secretary shall have noted thereon by the Secretary the date on which it was received, and the Secretary shall transmit the notice of appeal to the clerk of the environmental court.

C. Rulings that a Medium Farm Operation is Required to Apply for and Obtain an Individual Animal Waste Permit

1. When the Secretary determines, after notice and opportunity by the farm operator to be heard, that a Medium Farm Operation is required to obtain an Individual Animal Waste Permit, the operator shall be sent a written decision which shall include, among other things, a statement of the right of the operator to appeal the Secretary's decision to the environmental court.

Appeals to the environmental court under this subsection are governed by Environmental Court Rules.

3. Notices of appeal received by the Secretary shall have noted thereon by the Secretary the date on which it was received, and the Secretary shall transmit the notice of appeal to the clerk of the environmental court.

D. Rulings Denying an Application by a MFO to Obtain an Individual Animal Waste Permit

1. When the Secretary determines after hearing, that coverage of a MFO under a General Permit is adequate to meet the purposes of subchapter 5 of chapter 215 of 6 V.S.A., and that coverage of a MFO under an Individual Permit is inadequate to meet the purposes of subchapter 5 of chapter 215 of 6 V.S.A., the Secretary may deny the application of the MFO to be covered under an Individual Animal Waste Permit. The Secretary's decision shall be in writing and contain the reasons for the decision. The decision shall also contain, among other things, a statement of the right of the operator to appeal the Secretary's ruling to the environmental court.

2. Appeals to the environmental court under this subsection are governed by Environmental Court Rules.

3. Notices of appeal received by the Secretary shall have noted thereon by the Secretary the date on which it was received, and the Secretary shall transmit the notice of appeal to the clerk of the environmental court.

E. A person aggrieved by a final ruling of the Secretary on an application for coverage under a General Permit adopted pursuant to this section may appeal to the environmental court; provided, however, that the appeal shall be limited in scope to whether the medium farm complies with the terms and conditions of the General Permit.

APPENDICES:

Appendix A: Notice of Intent to Comply

Appendix B: Notice of Termination

Appendix C: Incident Report

Appendix D: Annual Compliance Report

Appendix E: Notice of Transfer of Operation/Ownership

Appendix F: Nutrient Management Report Form6 V.S.A. Chapter 215, Subchapter 5, Section 4858(b) and 6 V.S.A. Subchapter 1(a) (10)

History

• EFFECTIVE DATE: April 16, 2006 (Secretary Of State Rule Log # 06-009

Subagency 022 LIVESTOCK DIVISION

Chapter 013 VERMONT FEED REGULATIONS

20-013 Code Vt. R. 20-022-013-X VERMONT FEED REGULATIONS

PET FOOD REGULATIONS

Section I DEFINITIONS AND TERMS

A. When used in these regulations, definitions, terms and names relating to the manufacture and distribution of commercial feeds shall be those set out in 6 V.S.A. § 323. When a definition, name or term does not appear in 6 V.S.A. § 323, the definitions, terms and names adopted by the Association of American Feed Control Officials (AAFCO) shall apply unless the Commissioner prescribes otherwise.

B. For the purpose of these regulations, the following commodities are hereby exempt from the definition of "commercial feed" as set forth in § 323(2): hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, pounds or substances are not intended to be intermixed or mixed with other materials, and are not adulterated within the meaning of 6 V.S.A. § 327(a).

Section II REGISTRATION

A. Registration of Manufacturers. No person shall manufacture a commercial feed in this state prior to registering annually by January 31 with the Commissioner and providing the Commissioner with the following information:

1. the name of the manufacturer,

2. the manufacturer's principal place of business,

3. the location of each of the manufacturer's facilities within the state, and

4. the location of each of the manufacturer's facilities outside the state distributing feed or any feed ingredient within the state.

B. Notice of Change. The registrant shall notify the Commissioner within 30 days of any change in the above information.

C. Registration of Commercial Feeds. No person shall distribute a commercial feed product in this state prior to registering the same with the Commissioner, as specified in 6 V.S.A. § 324(b), and providing the Commissioner with the following information:

1. an official label as provided in 6 V.S.A. § 325(a), or, in the case of a customer-formula feed as provided in 6 V.S.A § 325(b).

D. Application Fee. The application for registration of each feed product shall be accompanied by the statutory fee as provided in 6 V.S.A. § 324(b), (c).

E. The registration year for commercial feeds shall commence on April 1 and expire on March 31 annually.

Section III LABEL FORMAT

A. Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this regulation on the principal display panel of the product and in the following general format.

1. Net weight.

2. Product name and brand name if any.

3. If a drug is used:

a. The word "medicated" shall appear directly following and below the product name in type size, no smaller than one-half the type size of the product name.

b. The purpose of medication (claim statement).

c. An active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with Section V. D.

d. The required directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by regulations and appear elsewhere on the label.

4. The guaranteed analysis of the feed as required under the provisions of Section 325 of the Act include the following items, unless exempted in i. of this subsection, and in the order listed:

a. Minimum percentage of crude protein.

b. Maximum or minimum percentage of or equivalent protein from non-protein nitrogen as required in Section V. E.

c. Minimum percentage of crude fat.

d. Maximum percentage of crude fiber.

e. Minerals, to include in the following order:

(1) Minimum and maximum percentage of calcium (Ca),

(2) minimum percentages of phosphorus (P),

(3) minimum and maximum percentages of salt (NaCl), and

(4) other minerals

f. Vitamins in such terms as specified in Section V. C.

g. Total sugars as invert on dried molasses products or products being sold primarily for their sugar content.

h. Viable lactic acid producing microorganisms for use in silages in terms specified in Section V. G.

i. Exemptions:

(1) Guarantees for minerals are not required when there are no specific label claims and when the commercial feed contains less than 6 1/2% of calcium, phosphorus, sodium and chloride.

(2) Guarantees for vitamins are not required when the commercial feed is neither formulated nor represented in any manner as a vitamin supplement.

(3) Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.

(4) Guarantees for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance resisting to the primary purpose of the product, and no specific label claims are made.

5. Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statement as provided under the provisions of Section 325(a) 4 of the Act.

a. The name of each ingredient as defined in the Official Publication of the Association of American Feed Control Officials, common or usual name, or one approved by the Commissioner.

b. Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the Official Publication of the Association of American Feed Control Officials in lieu of the individual ingredients provided that:

(1) When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label.

(2) The manufacturer shall provide the feed control official, upon request, with a list of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the state.

6. Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, state, and zip code.

7. The information required in Section 325(a) 1-5 of the Act must appear in its entirety on one side of the label or on one side of the container. The information required by Section 325(a) 6-7 of the Act shall be displayed in a prominent place on the label or container but not necessarily on the same side as the above information. When the information required by Section 325(a) 6-7 is placed on a different side of the label or container, it must be referenced on the front side with a statement such as "See back of label for directions for use." None of the information required by Section 325 of the Act shall be subordinated or obscured by other statements or designs.

a. Customer-formula feed shall be accompanied with the information prescribed in this regulation using labels, invoice, delivery ticket, or other shipping document bearing the following information.

(1) The name and address of the manufacturer.

(2) The name and address of the purchaser.

(3) The date of sale or delivery.

(4) The customer-formula feed name and brand name if any.

(5) The product name and net weight of each registered commercial feed and each other ingredient used in the mixture.

(6) The direction for use and precautionary statements as required by Sections VII. and VIII.

(7) If a drug containing product is used:

(a) The purpose of the medication (claim statement).

(b) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with Section V. D.

Section IV BRAND AND PRODUCT NAMES

A. The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith. A mixture labeled "Dairy Feed," for example, must be suitable for that purpose.

B. Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings and only in the product name of feeds produced by or for the firm holding the rights to such a name.

C. The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name provided that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.

D. The word "protein" shall not be permitted in the product name of a feed that contains added non-protein nitrogen.

E. When the name carries a percentage value, it shall be understood to signify protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word "protein": Provided, That other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer.

F. Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as recognized by the Association of American Feed Control Officials unless the Commissioner designates otherwise.

G. The word "vitamin", or a contraction thereof, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in Section V. C.

H. The term "mineralized" shall not be used in the name of a feed expect for "TRACE MINERALIZED SALT". When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

I. The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are made from cattle, swine, sheep and goats.

Section V EXPRESSION OF GUARANTEES

A. The guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, crude fiber and mineral guarantees (when required) will be in terms of percentage.

B. Commercial feeds containing 6 1/2% or more calcium, phosphorus, sodium and chloride shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca), the minimum percentage of phosphorus (P), and if salt is added, the minimum and maximum percentage of salt (NaCl). Minerals, except salt (NaCl), shall be guaranteed in terms of percentage of the element. When calcium and/or salt guarantees are given in the guaranteed analysis such shall be stated and conform to the following.

1. When the minimum is 5.0% or less, the maximum shall not exceed the minimum by more than one percentage point.

2. When the minimum is above 5.0%, the maximum shall not exceed the minimum by more than 20% and in no case shall the maximum exceed the minimum by more than 5 percentage points.

C. Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified and are stated in milligrams per pound unless otherwise specified:

1. Vitamin A, other than precursors of Vitamin A, in International Units per pound.

2. Vitamin D[3] in products offered for poultry feeding, in International Chick Units per pound.

3. Vitamin D for other uses, International Units per pound.

4. Vitamin E, in International Units per pound.

Concentrated oils and feed additive premixes containing vitamins A, D and/or E may, at the option of the distributor be stated in units per gram instead of units per pound.

6. Vitamin B[12], in milligrams or micrograms per pound.

All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following: menadione; riboflavin; d-pantothenic acid; thiamin; niacin; vitamin B[6]; folic acid, choline, biotin, inositol; p-amino benzoic acid; ascorbic acid; and carotene.

D. Guarantees for drugs shall be stated in terms of percent by weight, except:

1. Antibiotics, present at less than 2,000 grams per ton (total) of commercial feed, shall be stated in grams per ton of commercial feed.

2. Antibiotics, present at 2,000 or more grams per ton (total) of commercial feed, shall be stated in grams per pound of commercial feed.

3. Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, wherein, quantitative guarantees are required regardless of the level or purpose of the antibiotic.

4. The term "milligrams per pound" may be used for drugs or antibiotics in those cases where a dosage is given in "milligrams" in the feeding directions.

E. Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

1. For ruminants:

a. Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than 5% protein from natural sources shall be guaranteed as follows:

Crude Protein, minimum,.....%

This includes no more than .....% equivalent

protein from non-protein nitrogen.

b. Mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as follows:

Equivalent Crude Protein from Non-Protein Nitrogen, minimum,.....%

c. Ingredient sources of non-protein nitrogen such as Urea, Di-Ammonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic non-protein nitrogen ingredients defined by the Association of American Feed Control Officials shall be guaranteed as follows:

Nitrogen, minimum,.....%

Equivalent Crude Protein from Non-Protein

Nitrogen, minimum,.....%

2. For non-ruminants:

a. Complete feeds, supplements and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows:

Crude protein, minimum .....% This includes not more than .....% equivalent crude protein which is not nutritionally available to (SPECIES OF ANIMAL FOR WHICH FEED IS INTENDED).

b. Premixes, concentrates or supplements intended for non-ruminants containing more than 1.25% equivalent crude protein from all forms of non-protein nitrogen, added as such, must contain adequate directions for use and a prominent statement: WARNING: This feed must be used only in accordance with directions furnished on the label.

F. Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.

G. Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony forming units per pound (CFU/lb) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.

Section VI INGREDIENTS

A. The name of each ingredient or collective term for the grouping in ingredients, when required to be listed, shall be the name as defined in the Official Definitions of Feed Ingredients as published in the Official Publication of American Feed Control Officials, the common or usual name, or one approved by the Commissioner.

B. The name of each ingredient must be shown in letters or type of the same size.

C. No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.

D. The term "dehydrated" may precede the name of any product that has been artificially dried.

E. A single ingredient product defined by the Association of American Feed Control Officials is not required to have an ingredient statement.

F. Tentative definitions for ingredients shall not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition (i.e., sugar).

G. When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.

Section VII DIRECTIONS FOR USE AND PRECAUTIONARY STATEMENTS

A. Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives (including drugs, special purpose additives, or non-nutritive additives) shall:

1. Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and,

2. Include, but not be limited to, all information described by all applicable regulations under the Federal Food, Drug and Cosmetic Act.

B. Adequate directions for use and precautionary statements are required for feeds containing non-protein nitrogen as specified in Section VIII.

C. Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

Section VIII NON PROTEIN NITROGEN

A. Urea and other non-protein nitrogen products defined in the Official Publication of the Association of American Feed Control Officials are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein from all forms of non-protein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement: "CAUTION: USE AS DIRECTED." The directions for use and the caution statement shall be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.

B. Non-protein nitrogen defined in the Official Publication of the Association of American Feed Control Officials, when so indicated, are acceptable ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations shall not exceed 1.25% of the total daily ration.

C. On labels such as those for medicated feeds which bear adequate feeding directions and/or warning statements, the presence of added non-protein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of non-protein nitrogen.

Section IX DRUG AND FEED ADDITIVES

A. Prior to approval of a registration application and/or approval of a label for commercial feed which contain additives (including drugs, other special purpose additives, or non-nutritive additives), the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

B. Satisfactory evidence of safety and efficacy of a commercial feed may be:

1. When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal. Regulations, Title 21, or which are "prior sanctioned" or "informal review sanctioned" or "generally recognized as safe" for such use, or

2. When the commercial feed is itself a drug as defined in Section 323(6) of the Act and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under Title 21 U.S.C. 360(b).

Section X ADULTERANTS

A. For the purpose of Section 327(a) of the Act, the terms "poisonous or deleterious substances" include but are not limited to the following:

1. Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20% for breeding and dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine; and 0.60% for poultry.

2. Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: 0.004% for breeding and dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01% for lambs; 0.015% for swine and 0.03% for poultry.

3. Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep or goats consuming roughage (with or without limited amounts of grain) that result in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight.

4. Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets which have been extracted with trichlorethylene or other chlorinated solvents.

5. Sulfur dioxide, Sulfurous acid, and salts of Sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1.

6. Mycotoxins, when present in levels that threaten animal health.

7. Pesticide residuals, when present in amounts greater than those listed in the Code of Federal Regulations, Title 40, Part 180.

B. All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be found fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no more than 10 viable weed seeds per pound or no more than 1% (by weight) viable weed seeds per ton finished product.

Section XI ADMINISTRATIVE PENALTY AND ANALYTICAL TOLERANCES

A. A commercial feed is deemed deficient for the purposes or the administrative penalty set forth in Section VIII B. if either of the following conditions is met:

1. If the analysis of any component varies from the guarantee by an amount exceeding the values in the following schedule:

| a. Proximate Analysis Determination | AV % | Concentration Range | | --- | --- | --- | | Moisture | 12 | 3-40% | | Protein | (20/x + 2) | 10-85% | | Fat | 10 | 3-20% | | Fiber | (30/x + 6) | 2-30% | | Ash | (45/x + 3) | 2-88% | | Pepsin Digest, | | | | Protein | 13 | | | Total Sugar | | | | as Invert | 12 | 24-37% | | NPN Protein | (80/x + 3) | 7-60% |

| b. Minerals Determination | AV % | Concentration Range | | --- | --- | --- | | (14/x + 6) | | | | Calcium | 10 | .5 - 25% | | 12 | 10 - 25% | | | Phosphorus | (3/x + 8) | <10% | | Salt | (7/x + 5) | .5 - 20% | | (15/x + 9) | .5 - 14% | | | Fluorine | 40 | .5 - 14% | | Cobalt | 25 | | | Iodine | 40 | 0.01 - .16% | | Copper | 20 | | | 30 | .03 - 1% | | | Magnesium | 20 | <.03% | | Iron | 25 | .01 - 15% | | Manganese | 30 | .01 - 5% | | Potassium | 15 | .01 - 17% | | Zinc | 20 | .04 - 8% | | Selenium | 25 | .002 - 6% | | ppm | | |

| c. Vitamins Determination | AV % | Concentration Range | | --- | --- | --- | | Vitamin A | 30 | 1200 - | | | 218,000 IU/lb | | | Vitamin B[12] | 45 | | | Riboflavin | 30 | 1 - 1500 mg/lb | | Niacin | 25 | 3 - 500 mg/lb | | Pantothenic Acid | 25 | 4-190 mg/lb | | Amprolium | 20 | .01 - .014% | | Arsanilic Acid | 20 | .01 - .05% | | Carbodox | 20 | .005 - .5% | | Ethopabate | 25 | .004 - .04% | | Furazolidone | 25 | .005 - .022% | | Melengestrol Acetate | 30 | up to .07% | | Nicarbazin | 25 | .01 - .02% | | Nitarsone | 30 | .01 - .02% | | Phenothiazine | 20 | .1 - .5% | | Piperazine | 25 | .1 - .4% | | Pyrantel Tartrate | 25 | .01% | | Roxarsone | 25 | .005 - .5% | | Sulfamethazine | 20 | .01 - .033% | | Sulfaquinoxaline | 25 | .01 - .025% | | Sulfathiazole | 20 | .008 - .034% | | Thiabendazole | 30 | up to 1.5% | | Zoalene | 25 | .004 - .0125% | | Bacitracin | 40 | 10 - 200 g/T | | Chlortetracyline | 30 | 10 - 260 g/T | | Lincomycin | 25 | 10 - 200 g/T | | Monensin | 30 | 10 - 200 g/T | | Neomycin | 45 | 20 - 250 g/T | | Oxytetracyline | 30 | 10 - 300 g/T | | Penicillin | 35 | 10 - 200 g/T | | Streptomycin | 45 | 10 - 75 g/T | | Tylosin | 30 | 10 - 150 g/T | | Virginiamycin | 40 | 80 g/T |

2. If the weight of the feed is found not to be the net weight appearing on the label as required by Section III. (Label Format).

B. The registrant of a commercial feed deemed deficient under Section VIII A. shall be assessed an administrative penalty. A penalty shall not exceed:

1. $ 150.00 for the first violation for a particular product during the calendar year.

2. $ 300.00 for the second violation for the same product during the same calendar year.

3. $ 500.00 for the third or any subsequent violation for the same product during the same calendar year.

C. The Commissioner shall issue quarterly reports to registrants found to be in violation of this section. The quarterly report shall include an analysis of the deficient product or products and the proposed penalty. This quarterly report shall serve as written notice of deficiency as provided in 6 V.S.A. [331(c).

Section XII GOOD MANUFACTURING PRACTICES

A. For the purposes of enforcement of Section 327(b) 3 of the Act the Commissioner adopts the following as current good manufacturing practices:

1. The regulations prescribing good manufacturing practices for medicated feeds as published in the Code of Federal Regulations, Title 21, Part 225, Sections 225.1 - 225.202.

2. The regulations prescribing good manufacturing practices for medicated premixes as published in the Code of Federal Regulations, Title 21, Part 226, Sections 226.1 - 226.115.

Section XIII TONNAGE REPORTING

A. Annual tonnage reports shall be required of the following persons:

1. Registered manufacturers, and

2. Distributors within or without the state distributing feed products intended for use or sale within the state

B. Tonnage reports shall be made no later than January 30 and shall include the following information for the previous calendar year on forms to be supplied by the Commissioner:

1. The name of the registrant or distributor.

2. The tonnage of commercial feed or feed ingredients sold for use by consumers in this state.

3. The tonnage of customer-formula feed sold for use by consumers in this state.

C. Pet foods or feeds intended for use outside this state shall be exempt from the reporting requirements of this Section.

PET FOOD REGULATIONS

Section I. DEFINITIONS AND TERMS

A. "Principal display panel" means the part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

B. "Ingredient statements" means a collective and contiguous listing on the label of the ingredients of which the pet food is composed.

C. "Immediate container" means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

Section II LABEL FORMAT AND LABELING

A. The statement of net content and product name must be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale.

B. The declaration of the net content shall be made in conformity with the United States "Fair Packaging and Labeling Act" and the regulations promulgated thereunder.

C. The information which is required to appear in the "Guaranteed Analysis" shall be listed in the following order.

Crude protein (Minimum Amount)

Crude fat (Minimum Amount)

Crude fiber (Maximum Amount)

Moisture (Maximum Amount)

Additional guarantees shall follow moisture.

D. The label of pet food shall specify the name and address of the manufacturer, packer, or distributor of pet food. The statement of the place of business shall include an address that can be reached by mail.

E. If a person manufactures, packages, or distributes a pet food in a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food was manufactured or packaged or is to be distributed, if such statement is not misleading in any particular.

F. A vignette, graphic, or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.

G. The use of the word "proven" in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as "proven" is available.

H. No statement shall appear upon the label of a pet food which makes false or misleading comparisons between that pet food and any other pet food. Personal or commercial endorsements are permitted on pet food labels where said endorsements are factual and not otherwise misleading.

J. When a pet food is enclosed in any outer container or wrapper which is intended for retail sale, all required label information must appear on such outside container or wrapper, unless legible through aperatures or transparencies.

K. The words "Dog Food," "Cat Food," or similar designations must appear conspicuously upon the principal panels of the pet food labels.

L. The label of a pet food shall not contain an unqualified representation of claim, directly or indirectly, that the pet food therein contained or a recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats unless such product or feeding:

Contains ingredients in quantities sufficient to provide the estimated nutrient requirements for all stages of the life of a dog or cat, as the case may be, which have been established by a recognized authority, on animal nutrition, or,

2. Contains a combination of ingredients which when fed to a normal animal as the only source of nourishment will provide satisfactorily for fertility of females, gestation and lactation, normal growth from weaning to maturity without supplementary feeding, and will maintain the normal weight of an adult animal whether working or at rest and has had its capabilities in this regard demonstrated by adequate testing.

M. Labels for products which are compounded for or which are suitable for only a limited purpose (i.e., a product designed for the feeding of puppies) may contain representations that said pet food product or recommended feed thereof, is or meets the requisites for a complete, perfect, scientific or balanced ration for dogs or cats only:

1. In conjunction with a statement of a limited purpose for which the product is intended or suitable (as, for example, in the statement "a complete food for puppies"). Such representations and such required qualification therefore shall be juxtaposed on the same panel and in the same size, style and color print; and

2. Such qualified representations may appear on pet food labels only if:

(a) The pet food contains ingredients in quantities sufficient to satisfy the estimated nutrient requirements established by a recognized authority, for such limited or qualified purpose; or

(b) The pet food product contains a combination of ingredients which when fed for such limited purpose will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate testing.

N. Except as specified by Section III. A. the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the impression that such an ingredient is present in the product in a larger amount than is the fact, and if the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.

O. The label of a dog or cat food (other than one prominently identified as a snack or treat as part of the designation required upon the principal display panel under Section II. K.) shall bear, on either the principal display panel or the information panel (as those terms are defined in 21 C.F.R. 501.1 and 501.2 respectively), in type of a size reasonably related to the largest type on the panel, a statement of the nutritional adequacy or purpose of the product. Such statement shall consist of one of the following:

1. A claim that the pet food meets or exceeds the requirements of one or more of the recognized categories of nutritional adequacy: gestation, lactation, growth, maintenance, and complete for all life stages, as those categories are set forth in Section II. L. and M.

2. A nutrition or dietary claim for purposes other than those listed in Section II. L. and M. if the claim is scientifically substantiated.

3. The statement: "Use only as directed by your veterinarian", if it is a dietary animal food product intended for use by, or under the supervision or direction of a veterinarian.

4. The statement: "this product is intended for intermittent or supplemental feeding only," if a product does not meet either the requirements of Section II. L. and M. or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

Section III BRAND AND PRODUCT NAMES

In addition to the requirements for commercial feed otherwise provided in this part, the following requirements shall apply to pet food and specialty pet food:

A. No flavor designation or claim shall be used on any pet food or specialty pet food label unless the designated flavor is detectable by a recognized test method. Any flavor designation or claim on any such label shall either conform to the name of its source as shown in the ingredient statement, or the ingredient statement shall show the source of the flavor. The word "flavor" shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term from which the flavor designation is derived. Distributors of pet food or specialty pet food employing such flavor designations or claims on the labels of such products shall, upon request by the Commissioner or his authorized representative, supply verification of the designated or claimed flavor.

B. The designation "100%" or "All" or words of similar connotation shall not be used in the brand name or product name of any pet food or specialty pet food if it contains more than one ingredient, provided, for the purpose of this subdivision only, water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments shall not be considered ingredients.

C. The terms "meat" and "meat by-products" may be used without a designation of the species from which the same was derived only if such meat or meat by-products have been derived from cattle, swine, sheep or goats; otherwise, the species shall be designated, for example, "horsemeat."

D. The name of any pet food or specialty pet food shall not be dervied from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture of any such product unless all components or ingredients are included in the name, except as provided in subdivisions A., E., or F. of this section; provided that the name of an ingredient or combination of ingredients may be used as part of the product name if:

1. the ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon acceptance of the product by the purchaser thereof; and

it does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; and

3. It is not otherwise false or misleading.

E. When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes 95% or more of the total weight of all ingredients of any pet food or specialty pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of such food; provided, that where more than one ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print.

F. When an ingredient or a combination of ingredients derived from animals, poultry or fish constitutes at least 25% but less than 95% of the total weight of all ingredients of any pet food or specialty pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of such food only if the product name also includes a primary descriptive term, such as "meatballs" or "fishcakes" so that the product name describes the contents of the product in accordance with an established law, custom or usage and so that the product name is not misleading. All such ingredient names and primary descriptive term shall be in the same size, style and color print.

G. Contractions of coined names referring to ingredients shall not be used in the brand name of any pet food or specialty pet food unless they are in compliance with subdivisions A., D., E., and F. of this section.

Section IV EXPRESSION OF GUARANTEES

In addition to the requirements for commercial feed otherwise provided in this part, the following requirements shall apply to pet food and specialty pet food:

A. The sliding scale method of expressing any guaranteed analysis (for example, "protein 15-18%") is prohibited.

B. The label of any pet food, which is formulated as and represented to be a vitamin supplement, shall include a guarantee of the minimum content of each vitamin declared in the ingredient statement. Such guarantees shall be stated in units of measurements established by a recognized authority on animal nutrition.

C. The vitamin potency of any pet food distributed in any container smaller than one pound may be guaranteed in such units per ounce as established by a recognized authority on animal nutrition.

D. If the label of any pet food does not represent the pet food to be either a vitamin or a mineral supplement, but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of such food with levels recommended by a recognized animal nutrition authority, such comparison may be stated in the units of measurement used by such authority. Any table of comparison of any vitamin, mineral, or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. Such table of comparison may appear on the label separate and apart from the guaranteed analysis.

Section V INGREDIENTS

A. The maximum moisture in all pet foods shall be guaranteed and shall not exceed 78.00% or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods such as those consisting principally of stew, gravy, sauce, broth, juice, or a milk replacer which are so labeled, may contain moisture in excess of 78.00%.

B. Each ingredient of the pet food shall be listed in the ingredient statement, and the names of all ingredients in the ingredient statement must be shown in letters or type of the same size. The failure to list the ingredients of a pet food in descending order by their predominance by weight in non-quantitative terms may be misleading. Any ingredient for which the Association of American Feed Control Officials has established a name and definition shall be identified by the name so established. Any ingredient for which no name and definition has been so established shall be identified by the common or usual name of the ingredient. Brand or trade names shall not be used in the ingredient statement.

C. The term "dehydrated" may precede the name of any ingredient in the ingredient list that has been artificially dried.

D. No reference to quality or grade of an ingredient may appear in the ingredient statement of a pet food.

E. A reference to the quality, nature, form, or other attribute of an ingredient shall not be made unless such designation is accurate and unless the ingredient imparts a distinctive characteristic to the pet food because it possessess[possesses] that attribute.

F. Contractions of ingredient names shall be subject to the same regulation as the complete name of the ingredient.

Section VI DRUGS AND OTHER PET FOOD ADDITIVES

In addition to the requirements for commercial feed otherwise provided in this part, the following requirements shall apply to pet food.

A. An artificial color may be used in any pet food only if it has been satisfactorily shown to be harmless to pets or specialty pets, as the case may be. The permanent or provisional listing of any artificial color in the federal food and drug regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets.

B. Prior to approval of a registration application and/or approval of a label for pet food, which contains additives, (including drugs, other special purpose additives, or non-nutritive additives) the distributor may be required to submit evidence to prove the safety and efficacy of the pet food, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food may be:

1. When the pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or which are "prior sanctioned" or "Generally Recognized as Safe" for such use or

2. When the pet food itself is a drug as defined in § 323(6) of the Act and is generally recognized as safe and effective for label use or is marketed subject to an application approved by the Food and Drug Administration under Title 21, U.S.C. 360(b).

C. The use of mold inhibitors and anti-oxidants, in pet foods, shall be permissible, provided:

1 They are not harmful to pets in the concentration employed; the permanent or provisional listing of a mold inhibitor or an anti-oxidant in the United States Food and Drug Regulations as safe for use, together with the conditions, limitations and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the substance is, when used pursuant to such regulations, not harmful to pets; and

2. The specific material used shall be listed in the ingredient statement by its common, usual or chemical name.

Section VII DIRECTIONS FOR USE

A. Each commercial pet food product intended by the distributor for intermittent or supplemental feeding shall:

1. Clearly so indicate by name or specific written statement to that effect; or

2. In the event the product is not so marked or identified, then specific feeding directions shall be a part of the label of said product.

Section VIII ADMINISTRATIVE PENALTY AND ANALYTICAL TOLERANCES

A. A commercial feed is deemed deficient for the purposes of the administrative penalty set forth in Section VIII B. if either of the following conditions is met:

1. If the analysis of any component varies from the guarantee by an amount exceeding the values in the following schedule:

| (a) Proximate Analysis Determination | AV % | Concentration Range | | --- | --- | --- | | Moisture | 12 | 3-40% | | Protein | (20/x + 2) | 10-85% | | Fat | 10 | 3-20% | | Fiber | (30/x + 6) | 2-30% | | Ash | (45/x + 3) | 2-88% | | Pepsin Digest, | | | | Protein | 13 | | | Total Sugar | | | | as Invert | 12 | 24-37% | | NPN Protein | (80/x + 3) | 7-60% |

| (b) Minerals Determination | AV % | Concentration Range | | --- | --- | --- | | Calcium | (14/x + 6) | .5 - 25% | | 10 | 10 - 25% | | | 12 | <10% | | | Phosphorus | (3/x + 8) | .5 - 20% | | Salt | (7/x + 5) | .5 - 14% | | (15/x + 9) | .5 - 14% | | | Fluorine | 40 | | | Cobalt | 25 | 0.01 - .16% | | Iodine | 40 | | | Copper | 20 | .03 - 1% | | 30 | <.03% | | | Magnesium | 20 | .01 - 15% | | Iron | 25 | .01 - 5% | | Manganese | 30 | .01 - 17% | | Potassium | 15 | .04 - 8% | | Zinc | 20 | .002 - 6% | | Selenium | 25 | ppm |

| (c) Vitamins Determination | AV % | Concentration Range | | --- | --- | --- | | Vitamin A | 30 | 1200 - | | 218,000 IU/lb | | | | Vitamin B12 | 45 | | | Riboflavin | 30 | 1 - 1500 mg/lb | | Niacin | 25 | 3 - 500 mg/lb | | Pantothenic Acid | 25 | 4-190 mg/lb | | Amprolium | 20 | .01 - .014% | | Arsanilic Acid | 20 | .01 - .05% | | Carbodox | 20 | .005 - .5% | | Ethopabate | 25 | .004 - .04% | | Furazolidone | 25 | .005 - .022% | | Melengestrol Acetate | 30 | up to .07% | | Nicarbazin | 25 | .01 - .02% | | Nitarsone | 30 | .01 - .02% | | Phenothiazine | 20 | .1 - .5% | | Piperazine | 25 | .1 - .4% | | Pyrantel Tartrate | 25 | .01% | | Roxarsone | 25 | .005 - .5% | | Sulfamethazine | 20 | .01 - .033% | | Sulfaquinoxaline | 25 | .01 - .025% | | Sulfathiazole | 20 | .008 - .034% | | Thiabendazole | 30 | up to 1.5% | | Zoalene | 25 | .004 - .0125% | | Bacitracin | 40 | 10 - 200 g/T | | Chlortetracyline | 30 | 10 - 260 g/T | | Lincomycin | 25 | 10 - 200 g/T | | Monensin | 30 | 10 - 200 g/T | | Neomycin | 45 | 20 - 250 g/T | | Oxytetracyline | 30 | 10 - 300 g/T | | Penicillin | 35 | 10 - 200 g/T | | Streptomycin | 45 | 10 - 75 g/T | | Tylosin | 30 | 10 - 150 g/T | | Virginiamycin | 40 | 80 g/T |

2. If the weight of the feed is found not to be the net weight appearing on the label as required by Section III.

B. The registrant of a commercial feed deemed deficient under Section VIII A. shall be assessed an administrative penalty. A penalty shall not exceed:

1. $ 150.00 for the first violation for a particular product during the calendar year.

2. $ 300.00 for the second violation for the same product during the same calendar year.

3. $ 500.00 for the third or any subsequent violation for the same product during the same calendar year.

C. The Commissioner shall issue quarterly reports to registrants found to be in violation of this section. The quarterly report shall include an analysis of the deficient product or products and the proposed penalty. This quarterly report shall serve as written notice of deficiency as provided in 6 V.S.A. 331(c).

History

• Effective Date: July 14, 1987 (Secretary of State Rule Log # 87-33)

Chapter 014 FEEDING OF GARBAGE TO SWINE

20-014 Code Vt. R. 20-022-014-X FEEDING OF GARBAGE TO SWINE

Section I GARBAGE COOKING OPERATIONS

Garbage cooking equipment and facilities shall be adequate for the type, size and location of the garbage feeding operation.

2. The cooking area shall be segregated from the feeding, housing or hog lot sections by fencing adequate to prevent access to raw garbage by swine, other livestock and poultry.

3. Cooking operations shall be so located and protected as to insure proper cooking under varying weather conditions.

4. Garbage shall be cooked within 24 hours from the time of arrival at the cooking area. In emergency cases, as a breakdown of equipment or when extra tonnage is involved due to holidays, the time limit may be extended to 48 hours.

5. Dead animal rendering operations shall not be established on swine feeding premises. Animal carcasses intended as swine feed shall be cooked within 24 hours from the time of arrival on the swine garbage feeding premises.

6. All cooking operations shall be conducted in a clean and sanitary manner. At no time shall food wastes, rubbish, boxes, crates and salvage material be allowed to accumulate in the cooking area.

7. In the cooking operation, the vat or container used shall not be filled to more than 90% of the full apacity[capacity] of said vat or container.

8. Cooking platforms shall be tightly constructed to prevent leakage and shall be constructed of concrete or equally impervious materials which can be readily washed, cleaned and disinfected. Adequate drainage shall be installed and maintained to prevent drainage into hog pens of fluids remaining in the cooking area.

Facilities shall be provided for adequate agitation of garbage during cooking process.

Section II GARBAGE FEEDING OPERATIONS

Garbage feeding platforms shall:

1. be rightly constructed to prevent leakage, that can be readily cleaned, washed, and disinfected;

2. have a curb adequate to confine garbage and fluids; and

3. be kept in a clean and sanitary condition.

Section III SANITATION REQUIREMENTS

1. Disposal of refuse shall be handled in such a manner as to prevent the establishment of a nuisance or a harbor for insects and rodents.

2. Liquid wastes shall be disposed of in such a manner as to prevent the pollution of water used for public, domestic and livestock purposes, and also to avoid the creation of a nuisance or health hazard.

3. All equipment used in the garbage handling, cooking, and feeding operations shall be maintained in a clean and sanitary condition.

History

• Adopted: August 27, 1968
• Effective Date: September 1968

Subagency 031 PLANT INDUSTRY DIVISION

Chapter 015 POTATO LAW REGULATIONS

20-015 Code Vt. R. 20-031-015-X POTATO LAW REGULATIONS

The following Rules and regulations are hereby established as provided for in No. 103, Acts of 1951, "An Act Relating to the Grading and Marketing of Potatoes."

These regulations supersede all previous rules and regulations.

1. Each container or display must be plainly and conspiciously marked as follows:

(A) "Plainly and Conspicuously": each required marking shall be clearly legible; shall be 1/2 inch or larger in height, except as other wise indicated below.

(B) Bags, other than burlap if not printed with required information may be stenciled or tagged in accordance with preceeding regulations. Private brands or trade marks are permitted if applicable to contents.

(C) Roadside Markings: For potatoes displayed on premises of grower the grade markings required may be shown by placard or sign accompanying the display. Such placard or signs must be in plain view and legible.

2. MARKINGS ON CONTAINERS

(A) If not stenciled, burlap bags shall be tagged. Colors other than blue or red shall be used. Used burlap bags are permitted if turned insider out, or if printing thereon, not applicable to contents, is obliterated.

(B) No other grade or size markings may appear on the package or display other than that applicable to contents. There shall be no abbreviations. The official grades are: U.S. Fancy, U.S. Extra No. 1, U.S. No. 1, U.S. Commercial, U.S. No. 2.

(C) UNCLASSIFIED: The official grades provide for an "unclassified" marking for potatoes which have not been graded into any of the standard grades. Markings indicating "unclassified" shall be marked in letters no less than 1 inch in height with no abbreviations permitted.

3. Price markings shall be plainly and conspicuously accompanied by one of the terms state above under "B" and "C", which marking shall be no less than one-half the height of the price marking.

ADVERTISING: When, in any form of advertising, the price is stated verbally, one of the terms stated above under "B" and "C" must also be stated verbally.

History

• Adopted, April 2, 1958

Subagency 022 LIVESTOCK DIVISION

Chapter 016 HOG CHOLERA ERADICATION PROGRAM

20-016 Code Vt. R. 20-022-016-X HOG CHOLERA ERADICATION PROGRAM

Pursuant to Section 1405, No. 78 of the Acts of 1963, the following regulations have been promulgated and shall apply to Hog Cholera control and eradication within the State of Vermont effective September 1, 1963:

Section I DEFINITIONS

1. Public Market - Auction ring or commission sale licensed by the Department of Agriculture where livestock may be consigned for resale on commission basis or fixed fee by the general public or operators of such rings and/or sales.

2. Immediate Slaughter - Movement directly to a recognized slaughtering establishment.

3. Import Permit - Written permission by the Commissioner to bring livestock into this state.

4. Regulatory Personnel - Full time employees of the State and/or Federal Department of Agriculture.

5. Quarantine - A restriction placed on movement of livestock. Such restrictions shall be those necessary to control the disease.

6. Official Vaccination - Vaccination performed by a Vermont licensed, accredited veterinarian or regulatory personnel.

7. Properly Identified - A means for identification of individual animals as prescribed by the commissioner.

Immunizing Agents - Any biologic or drug capable of producing immunity to a specific desease[disease].

9. Commissioner - Vermont Commissioner of Agriculture.

10. Livestock - Any domestic animal including horses, cattle, sheep, goats and swine.

Section II REPORTING OF HOG CHOLERA

Whenever a veterinarian or person engaged in the inspection of animals or the owner or caretaker has suspicion of or reason to believe that swine are affected with hog cholera he shall forthwith make a report by telephone to the livestock division.

Section III QUARANTINE

If the Commissioner has reason to believe that the best interests of the state require it he may, prior to inspection, impose a quarantine on any animals within the state for a period of not more than ten days. During such period the Commissioner may conduct reasonable inspection and tests to determine whether the quarantine should be continued under the regulations promulgated under 6 V.S.A., Section 603.

Section IV INTRASTATE MOVEMENT

A. Swine shall not be sold through public markets except for immediate slaughter; unless

(a) officially vaccinated

(b) properly indentified

(c) certificate issued by the Department of Agriculture

B. Dealers in swine shall maintain records indicating origin and destination of all swine bought, sold and/or repossessed. Such records shall be made available to the Commissioner or his authorized representative for inspection.

Section V GARBAGE FEEDERS

A. All persons desiring to feed garbage to swine shall make application to the Vermont Department of Agriculture for a permit. V.S.A., Title 6, Chapter 113, Section 1672.

B. A person shall not be issued a permit unless adequate equipment and facilities are available for treatment of garbage. V.S.A., Title 6, Chapter 113, Section 1674.

C. Since garbage may contain uncooked pork scraps derived from hogs vaccinated with live hog cholera virus and since such pork scraps are known to be infectious if fed prior to being cooked as prescribed in V.S.A., Title 6, Chapter 113, Section 1674, therefore, any premises feeding uncooked garbage to swine shall be subject to the provisions of Section 6, Act 78, 1963.

When inspection reveals that swine have been fed uncooked garbage such swine shall be assumed to be exposed to hog cholera and shall be restricted to such premise until such swine have been fed cooked garbage or grain for at least 30 consecutive days, as may be determined by state or federal inspectors, or until such time as the Commissioner may determine that the swine fed uncooked garbage have not contracted hog cholera.

Feeding uncooked garbage shall be subject to the penalties of V.S.A., Chapter 113, Section 1677.

Section VI IMMUNIZING AGENTS AND ADMINISTRATION

A. No vaccine containing live or attenuated hog cholera virus shall be used for immunizing swine against hog cholera.

B. Administration shall be restricted to use by Vermont licensed and accredited veterinarians and regulatory personnel.

Section VII DISPOSAL OF INFECTED CARCASSES

Carcasses of infected animals shall be disposed of as directed by the Commissioner or his authorized representative.

Section VIII CLEANING AND DISINFECTION OF HOG CHOLERA CONTAMINATED PREMISES

A. Vehicles and equipment shall be cleaned and disinfected by the owner and under direct supervision of regulatory personnel.

B. Disinfectant used shall be approved by the Commissioner of Agriculture.

Section IX IMPORTS

A. Importers of swine for purposes other than immediate slaughter require an import permit from the Commissioner of Agriculture prior to importing.

B. Health Certificate for Swine

A person shall not import, bring or cause to brought, or ship or cause to be shipped into this state, any swine unless such animals are accompanied by a health certificate signed by a veterinarian whose competency and reliability are certified to by the authority charged with the control of livestock sanitary matters in the state or country from which the animals are moved. A copy of such health certificate shall be at once forwarded to the Commissioner. V.S.A., Title 6, Chapter 107, Section 1465.

C. Swine vaccinated with live or attenuated hog cholera virus vaccine shall not be imported into this state.

D. Swine origninating[originating] in other than hog cholera free areas, shall be held in strict isolation and quarantine upon arrival at destination for a period of at least 21 days followed by inspection and found free from disease at the end of this period.

Section X IDENTIFICATION OF SWINE

Swine shall be identified by ear tag or by other means as may be prescribed by the Commissioner.

Section XI SLAUGHTER OF INFECTED OR EXPOSED ANIMALS

All cattle and other domestic animals which are infected with or have been exposed to foot and mouth disease or vesicular exanthema of swine or other virulent contagious disease shall be destroyed when the Commissioner of Agriculture deems it necessary for the protection of the health of cattle or other domestic animals and in the public interest. Such animals shall be destroyed and their carcasses disposed of as the Commissioner shall direct. (T6, Ch. 105, Sect. 1401)

Section XII REIMBURSEMENT AS TO FOOT AND MOUTH DISEASE, VESICULAR EXANTHEMA AND OTHER VIRULENT CONTAGIOUS DISEASES

The owner of animals which are found by the Commissioner to be infected with or exposed to foot and mouth disease, vesicular exanthema or other virulent diseases, shall, if such animals are slaughtered in accordance with the provisions of these regulations and as directed by the Commissioner, be reimbursed to the extent that federal and state funds are available as provided in regulation section 1403 of this title. T6, Ch. 105, Sec. 1402.

Section XIII APPRAISAL

The value of all animals killed under the provisions of this chapter shall be first appraised by the owner there of and the Commissioner of Agriculture or his agent. In the event of disagreement as to the amount of the appraisal, a third disinterested person shall be selected by them to act with them and appraise such animals and a determination of a majority as to the appraised value shall be final. Swine shall be appraised at their market value.

In making such appraisal, the fact that the animals have been condemned for disease shall not be considered, but in no case shall the appraisal for a single animal exceed the sum of $ 200.00, except oxen and registered cattle, in which case the limit of appraisal shall be $ 300.00, and a certificate of registration of such registered animals shall be furnished the Commissioner or his agent at the time of appraisal. T6 Ch. 105, Sec. 1403.

Section XIV PAYMENT

Within sixty days after the slaughter of animals condemned under the provisions of this chapter, the state shall pay the owner the appraised value less any sum received as salvage, less the sum to be received by the owner from the United States Department of Agriculture. T6 Ch. 105, Sec. 1404.

Became Rule: September 15, 1963

History

• Became Rule: September 15, 1963
• Effective Date: October 1963

Chapter 017 RULES GOVERNING THE HUMANE TREATMENT OF ANIMALS

20-017 Code Vt. R. 20-022-017-X RULES GOVERNING THE HUMANE TREATMENT OF ANIMALS

Section I RULES GOVERNING THE ADMINISTRATION OF CERTAIN SUBSTANCES TO ANIMALS ENTERED IN PULLING CONTESTS AND COMPETITIVE EVENTS

Statutory Authority

These rules are promulgated pursuant to 13 V.S.A. Chapter 8, section 392.

2. Definitions

In addition to those definitions set forth in 13 V.S.A. sections 351 and 391, the following words shall have the following definitions:

A. Drug- (1) Articles recognized in the official United States Pharmacopoeia, official homeophatic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; (4) articles intended for use as a component of any article specified in clauses (1), (2) or (3) but does not include devices or their components, parts or accessories. This definition includes, but is not limited to, the following articles as defined:

a) Anabolic Steroid- Testosterone, or a steroid hormone resembling testosterone or, any one of a large family of chemical substances comprising many hormones, vitamins, body constituents and drugs each containing the tetracyclic cyclopenta (a)phenanthrene skeleton, which stimulates the build up of the body substance through the process of assimilation of nutritive matter and its conversion into living substance.

b) Analgesic- A compound, such as aspirin, that relieves pain by altering perception of nociceptive stimuli without producing anesthesia or loss of consciousness.

c) Anti-inflammatory- An agent that relieves local swelling, redness and pain caused by an injury or illness by acting on body mechanisms, without directly antagonizing the causative agent. This includes, but is not limited to, non-steroidal anti-inflammatory drugs, steroids, DMSO, antihistamines and glucocorticoids.

d) Antipyretic- An agent that reduces fever.

e) Depressant- An agent that depresses the circulatory, respiratory and/ or central nervous system, lowering the vital tone or reducing the functional tone or activity; a sedative.

f) Local Anesthetic- A compound that, when applied directly to mucous membranes or when injected about nerves, reversibly produces loss of sensation by inhibiting nerve excitation or conduction in a limited part of the body; not general or systemic.

g) Sedative- An agent that produces a calming effect and reduces nervous excitement, including tranquilizers.

h) Stimulant- An agent that stimulates the circulatory, respiratory, and/or central nervous system or an agent that arouses organic activity, strengthens the action of the heart, increases vitality, and/or promotes a sense of well-being.

B. Normal Performance:

The extent to which the particular animal entered in the competitive event or pulling competition is capable of performing if no drug is administered.

C. Specimen:

Blood, urine or saliva of an animal that is extracted for testing purposes.

D. Therapeutic Substance:

Medications approved by a veterinarian which are necessary for the treatment of an existing acute illness or injury which do not affect or alter the normal performance of the animal. Antibiotics and antiseptics are considered to be therapeutic substances.

3. Drugs Prohibited

a) No person shall administer internally or externally a drug to any animal entered in an animal pulling contest or competitive event that may affect or alter the normal performance of that animal. The drugs prohibited by this rule include, but are not limited to, anabolic steroids, analgesics, anti-inflammatories, antipyretics, depressants, local anesthetics, sedatives and stimulants.

b) This rule prohibits a person from administering a drug that may affect or alter the normal performance of an animal entered in competition, regardless of whether the amount administered actually affects or alters the normal performance of the animal.

4. Masking Drugs Prohibited

No person shall administer internally or externally to any animal entered in a pulling contest or competitive event any drug that has a potential to interfere with drug detection procedures, including such products as furosemide, sulfa drugs, dipyrone, and benzimidazole anthelmintics.

5. Security of Animals Entered in Competition

Owners and handlers of animals entered in pulling contests or competitive events shall be responsible for ensuring that their animals are free from any prohibited drug prior to entering the contest or event.

6. Use of Therapeutic Substances

An animal that has received a therapeutic substance may compete if all of the following conditions exist:

a) The therapeutic substance has no potential to interfere with laboratory tests for prohibited drugs.

b) The therapeutic substance is given by or under the direction of a licensed veterinarian; a veterinary/client relationship as described by the American Veterinary Medical Association must exist.

c) Accurate veterinary records detailing the name of the substance, dosage used, dates and times of administration are kept by the animal's owner.

d) Pulling contest or competitive event officials are notified in writing that a therapeutic substance has been given as soon as possible after treatment and prior to any event the person has entered. The contest or event officials may prohibit from competition any animal treated with a therapeutic substance if such prohibition is in the best interest of the contest or event.

e) At least 48 hours have elapsed between the last administration of the therapeutic substance and entering a pulling contest or competitive event.

Statement of Ownership

A signed statement of ownership in the name of the handler, including a description of the animal, shall be submitted to the superintendent before the start of a competitive event or animal pulling contest.

8. Testing Procedures

a) The Commissioner of Agriculture, at his or her discretion, or upon request from a person or sponsor of a pulling contest or competitive event (sponsor), may take specimens for laboratory testing from any animal entered in a pulling contest or competitive event.

b) The specimen shall be drawn by a veterinarian authorized by the by the Department of Agriculture to draw such specimens. The specimen shall be drawn no later than six hours from the completion of the contest or event.

c) A person or sponsor requesting a test shall make the request to the Commissioner in writing prior to the start of the pulling contest or competitive event.

d) The person or sponsor requesting the test shall pay the Commissioner a fee at the completion of sampling to cover the testing costs. The veterinarian shall collect the fee for the Commissioner after the last sample is drawn. The testing fee includes materials used, laboratory fee and veterinary services.

e) The owner or handler of the animal being tested and a representative of the sponsor may observe the testing and identification of the specimen and may sign required documents to affirm that those persons observed the taking, identification, and security of that specimen.

9. Penalties for Failing to Comply with Testing Procedures

Failure of an owner or handler to submit an animal for testing on request, or to provide adequate information, or to assist in restraining the animal so that the specimen can be taken, is a violation of 13 V.S.A. section 394, subject to the penalty provision in 13 V.S.A. section 397.

10. Notification of Test Results and Hearing

a) The Commissioner shall notify the animal's owner and the superintendent of the contest or event of any positive test results within 14 calendar days from the date the Commissioner receives the results.

b) The presence of a prohibited drug in the chemical analysis of the specimen shall be prima facie evidence that a drug has been administered. If the laboratory test indicates the presence of a prohibited drug, the Commissioner shall hold a hearing at which the animal's owner or a representative of the owner may appear and be heard.

c) Based on all the evidence, the Commissioner shall issue a finding of whether the provisions of 13 V.S.A., Chapter 8, subchapter 9 and this rule have been violated.

Penalties for Statutory and Rules Violations

Upon finding that a violation has occurred:

a) The animal administered the prohibited drug shall be disqualified from the competition, and any award, premium, or trophy shall be forfeited; and

b) The Commissioner may prohibit the person responsible for the violation from participating in any capacity in any pulling contest or competitive event.

c) The Commissioner may bar any animal found to have been drugged from entering any pulling contest or competitive event regardless of ownership.

d) The Commissioner may assess the violator an administrative penalty in an amount not to exceed $ 1,000,00 per violation. The Commissioner shall utilize the provisions of 6 V.S.A. sections 16 and 17 in assessing the penalty.

12. Appeal

Any person aggrieved by the Commissioner's finding and order or penalty may appeal to the superior court in the county in which the animal pulling contest or competitive event was held.

13. Loss of Eligibility for Out-of-State Violations

Any person fined or convicted of administering an unlawful drug to animals entered in a competitive event or pulling contest held in another state shall be ineligible to compete in any animal pulling contest or competitive event in this state for a period not to exceed two years from the date of such fine or court conviction.

Abuse of Animals in Pulling Contests Prohibited

a) Any person found rein-whipping or otherwise whipping a horse in an animal pulling contest shall be automatically disqualified, and shall be ineligible to receive any award, premium, or trophy. The light use of reins applied to the hindquarters may be permitted on entry to the pit and while the team is making its draw. The use of reins at any other time for purposes other than guiding the animals is prohibited.

b) Any person found face-whipping cattle in an animal pulling contest shall be automatically disqualified and ineligible to receive any award, premium or trophy.

c) Any goad stick used with cattle in an animal pulling contest shall be made of wood, shall not be taped, and shall not be more than 3/4 inches in diameter.

Excessive violation of this rule is a violation of 13 V.S.A. section 352(a) (2).

15. Alcohol Breath Test; Disqualification

A superintendent may require that contestants or other participants at an animal pulling contest or competitive event pass a breathalyzer test for alcohol. The test shall be conducted by the state police, sheriff, or local police before the contest or event occurs. Any person above a 0.10 percent concentration level shall be disqualified and barred from participation in any animal pulling contest or competitive event held on the day of the test.

Section II RULES GOVERNING THE TRANSPORTATION OF ANIMALS

1. Statutory Authority

These rules are promulgated pursuant to 13 V.S.A., Chapter 8, section 387.

2. Transporting Animals by Railroad

a) A railroad company transporting animals shall not permit the animals to be confined in cars more than 28 consecutive hours, including the time they have been confined on connecting roads, without unloading them for rest, water, and feeding for at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes.

b) Animals unloaded shall be fed, watered, and sheltered by the owner or person having custody of the animals during each resting period, consistent with the provisions of these rules.

c) In the event the owner or person having custody defaults on their feeding, watering, or sheltering responsibilities, the railroad company transporting the animals shall provide feed and water at the owner's expense. In this case, the railroad company shall have a lien upon the animals for food, care and custody furnished.

d) Failure to comply with the provisions of this rule is a violation of 13 V.S.A. section 352(a) (4).

3. Transporting Animals by Truck

a) No person shall confine or permit to be confined any animals being transported by truck under his or her orders or control for more than 18 consecutive hours without their removal from the truck for a rest period of not less than four hours.

b) The animals shall be provided with feed and water during this rest period except when reasonable space, food and water are provided in the vehicle.

c) Consistent with section 6 of these rules, reasonable space and protection from the weather shall be provided to animals in trucks employed commercially in the long distance transportation of animals.

d) Any person who violates a provision of this rule is in violation of 13 V.S.A. section 352(a) (4).

4. Vehicles Used to Transport Horses

Every vehicle utilized for the transportation of more than seven horses on the highway shall meet the following requirements:

a) There shall be at least two doors for loading and unloading, which shall not be on the same side;

b) Loading ramps shall be provided if the vertical distance from the floor of the truck to the ground is greater than 15 inches;

c) The interior compartment construction shall be of smooth material with no hazardous, sharp protrusions;

d) There shall be sufficient openings to ensure adequacy of ventilation;

e) Partitions shall be placed in compartments having no stalls;

f) Doorways shall be of sufficient height to allow safe loading and unloading; and

g) Compartment height shall be sufficient to allow clearance of the poll and withers of each horse loaded.

h) Vehicles under this rule shall have no more than one tier in compartments carrying horses.

Failure to comply with the provisions of this rule is a violation of 13 V.S.A. section 352(a) (3).

5. Separation of Species

a) There shall be separation of species when animals are transported by either rail or truck.

b) Failure to provide such separation is a violation of 13 V.S.A. sections 352(a) (3) and (4).

6. Conditions of Transportation

a) Railroad cars and trucks employed commercially for transporting animals shall be sufficiently covered or boarded on the sides and ends to afford proper protection to animals in case of storms or severe cold weather.

b) All railroad cars and commercial trucks transporting animals shall be properly ventilated.

c) A greater number of animals shall not be loaded into any railroad car or commercial truck than can stand comfortably within the car or truck.

d) No person shall transport any animal in a railroad car or commercial truck, or by any other mode of transportation, in a cruel or inhumane manner.

7. Feeding Animals in Transport

a) All animals being fed during resting periods required by this rule shall be fed the type and amount of feed as is normal for that species of animal.

b) When emergency conditions arise, such as severe weather changes, or in the case of transportation delays, the animals shall receive amounts of feed and water sufficient to sustain the animals until they arrive at the next feeding station or destination.

8. Watering Animals in Transport

a) All animals shall be furnished an ample supply of potable water during required resting periods.

b) Water treated with chemicals for industrial or boiler use, or taken from streams or ponds containing sewage, mud, or other objectionable matter shall not be used. In cold weather, the water shall be free from ice.

c) Troughs and other receptacles shall be clean.

9. Conditions of Feeding Pens

Stock pens and other enclosures used for feeding, watering, and resting animals in transit shall have:

a) Sufficient space for all of the animals to lie down at the same time;

b) Properly designed facilities for feeding and watering the animals;

c) Reasonably well drained, clean, and safe floors of concrete, gravel, hardpacked earth, or other suitable material; and

d) Suitable protection from severe weather conditions.

10. Preference of Animals as Freight

a) Any private or common carrier operating within this state shall yield to vehicles containing cattle, sheep swine, equine or other animals to allow continuous passage in preference to other freight.

b) All vehicles and common carriers loaded with animals at any station shall take precedence over all other freight.

11. Transporting Cattle Without Title Documents

a) No person, except the owner of cattle being transported or a person acting under written authority of the owner, shall transport cattle on any public highway unless the person has in his or her possession a bill of sale or a memorandum signed by the owner of the cattle. Any such memorandum shall also contain: the owner's address; the number, breed, and ear tag number of the cattle; and the name of the place to which the cattle are to be transported.

b) Any person transporting such cattle shall, on demand, exhibit a bill of sale or memorandum to any state investigator, sheriff, deputy sheriff, constable, police officer, or state police officer.

c) Any person violating the provisions of this rule is in violation of 13 V.S.A. section 385, and is subject to the penalties pertaining thereto.

12. Confinement of Animals in Vehicles

a) No person shall leave an animal unattended in a standing or parked motor vehicle in a manner that would endanger the health or safety of the animal. Factors to consider include air temperature; direct sunlight; evidence of animal distress such as shivering, rapid breathing; presence or absence of food, water, ventilation; and length of time the animal has been left in the vehicle.

b) Any humane officer or member of a fire and rescue service may use reasonable force to remove any such animal from a motor vehicle. The officer so removing an animal shall deliver the animal to a humane society, veterinarian or town or municipal pound. If the owner of the animal cannot be found, the officer shall place a written notice in the vehicle, bearing the name of the officer and the department and address where the animal may be claimed. The owner shall be liable for reasonable expenses, and a lien may be placed on the animal for these expenses.

c) An officer may not be held liable for criminal or civil liability for any damage resulting from actions taken pursuant to this rule.

d) Failure to comply with subsection (a) of this rule is a violation of 13 V.S.A. section 352(a) (3).

Section III RULES GOVERNING THE SALE OF DOGS AND CATS

1. Statutory Authority

These rules are promulgated pursuant to 20 V.S.A., Chapter 199, section 4302.

2. Definitions

As used in this rule:

A. Animal- means a dog or cat.

B. Consumer- means an individual who purchases an animal from any licensee or registrant under 20 V.S.A. chapter 194. A licensee or registrant under this rule is not a consumer.

C. Pet Dealer- means any person, firm, partnership or corporation, or a representative or agent, who engages in the sale of more than one litter of animals per year or two or more animals over six months of age to consumers for monetary consideration. Breeders of animals who sell animals to the public are included in this definition; except that duly incorporated humane societies or animal shelters which make animals available for adoption are exempt. Pet Dealers licensed under the Animal Welfare Act are included in this definition.

D. Litter - All the puppies or kittens born to a female dog or cat at one birth. For the purpose of this rule the sale of one puppy or kitten from a litter constitutes the sale of a litter.

3. Pet Dealer Required to Provide Information

Any pet dealer who sells an animal shall provide the consumer with the following forms and laws.

A. Consumer Right-to-Know Form containing:

1. A description of the animal, including the breed, if known.

2. The medical history of the animal, if known, including any vaccinations administered to the animal and the results of any fecal exams;

3. The date of purchase;

4. The purchase price;

5. The name, address and telephone number of both the pet dealer and the consumer;

6. The pet dealer's signature certifying the contents of the document.

7. The purchasers signature certifying receipt of the document.

B. Dog or Cat Request for Restitution Form including:

Description of animal, including the breed, if known:

2. Owner:

3. Address:

4. Date Purchased: Name of pet dealer and address:

Date and signature of the owner certifying that the information in 1, 2, 3 and 4 above is accurate to the best of their knowledge.

6. Date of Examination: Name and address of examining veterinarian.

7. Diagnosis:

8. Treatment:

9. Estimated Cost:

10. Signature of the veterinarian certifying that the information in 6, 7, 8 and 9 is accurate to the best of his/her knowledge.

C. Copy of 20 V.S.A. Chapter 199 Section 4302(a), (e) and Sections 4303 must be attached to Dog or Cat Request for Restitution Form.

D. Copy of applicable state rabies and licensing laws. These copies must be attached to Consumer Right-to-Know Reporting Form.

History

• Effective Date: July 1, 1991 (Secretary of State Rule Log # 91-30)
• Statutory Authority: 13 V.S.A. Chatper 8 § 392.

Chapter 018 VACCINATION OF DOMESTIC PETS, WOLF/HYBRIDS AND LIVESTOCK AGAINST RABIES; RABIES VACCINATION CLINICS

20-018 Code Vt. R. 20-022-018-X VACCINATION OF DOMESTIC PETS, WOLF/HYBRIDS AND LIVESTOCK AGAINST RABIES; RABIES VACCINATION CLINICS

RABIES VACCINATION IN GENERAL

Section 1 Definitions

a. "Commissioner" where no other department is referenced means the Commissioner of the Department of Agriculture, Food and Markets, and includes his or her designee.

b. "Domestic pet" or "pet" means any domestic dogs, domestic cats and ferrets and such other domestic animals as the commissioner shall establish by rule, provided that the commissioner finds that the animal has the potential to become an imminent danger to public health or welfare if not subjected to the provisions of Title 20, Chapter 193, "Domestic Pet or Wolf-hybrid control."

c. "Ferret" means only the European ferret (Mustela putorious furo).

d. "For-profit clinics" means any rabies vaccination clinic conducted by a veterinarian, or organization that does not qualify as a non-profit public rabies clinic.

e. "Livestock" means those domestic animals defined in 6 V.S.A. § 1151(2), including but not limited to cattle, sheep, goats, equines, fallow and red deer, American bison, swine, camelids.

f. "Non-profit public rabies clinic" or "non-profit clinic" means a clinic conducted for the public by a non-profit organization or a municipality. Income from operation of the clinic minus reasonable expenses, shall be used for rabies management. However, if the clinic is staffed by volunteers provided by a non-profit organization, the income from operation of the clinic, minus reasonable expenses, may be used to support the activities of that organization. Reasonable expenses of a non-profit public clinic may include the cost of: rabies vaccine; rabies certificates and tags; supplies needed to administer the vaccine; rental of a facility to hold the clinic; advertising; and a stipend paid to volunteers. The total stipend paid shall not exceed $ 2.00 per rabies vaccination for the first 100 rabies vaccinations and $ 1.00 per rabies vaccination thereafter.

g. "Volunteer", a volunteer for purposes of the immunity from liability set forth in 20 V.S.A. § 3812, means a lay person or veterinarian who works at a non-profit rabies vaccination clinic and receives no compensation for his or her services or time, other than the stipend authorized by these rules.

h. "Wolf-hybrid" means an animal which is the progeny or descendant of a domestic dog (Canis familiaris) and a wolf (Canis lupus or Canis rufus). "Wolf-hybrid" also means an animal which is advertised, registered, licensed or otherwise described or represented as a wolf-hybrid by its owner or an animal which exhibits primary physical and behavioral wolf characteristics, as defined by the Commissioner of the Department of Fish and Wildlife.

Section 2 Administration and Use of Rabies Vaccinations

a. The Commissioner shall maintain a list of rabies vaccines approved for domestic pets, livestock and when and if a vaccine becomes available, for wolf/hybrids, as required by 20 V.S.A. § 3581a(b), (c) and § 3801(a). No vaccine shall be used unless its use is first approved by the Commissioner.

b. The following persons may administer rabies vaccinations:

(1) To domestic pets & wolf/hybrids:

Rabies vaccinations must be performed by a licensed veterinarian or under the direct supervision of a licensed veterinarian, which shall mean that the veterinarian has examined the animal, has authorized its immediate vaccination against rabies, and is on the premises at the time the animal is vaccinated. The person who administers the rabies vaccine must be employed in, or working at, the same veterinary practice as the supervising licensed veterinarian. All rabies certificates must be signed by the licensed veterinarian.

(2) To feral cats:

A person may use an approved vaccine to inoculate a feral feline that takes up residence in a building other than the person's home. A licensed veterinarian is not required.

(3) To livestock:

a. A person may administer an approved rabies vaccine for the species of livestock to be inoculated. The following should be considered:

1. When a licensed veterinarian individually identifies the livestock and uses an approved rabies vaccine for the species, the livestock will be considered officially vaccinated by public health officials and others who require proof of vaccination.

2. When rabies vaccine is administered by a person not licensed as a veterinarian, the livestock may not be considered vaccinated by public health officials and others who require proof of vaccination.

b. A licensed veterinarian may recommend a rabies vaccine for use in livestock for which there is no approved rabies vaccine commercially available. Any person may administer the rabies vaccine to livestock in accordance with the veterinarian's recommendation. Livestock vaccinated according to the veterinarian's recommendation may not be considered vaccinated by public health officials and others who require proof of vaccination.

c. Rabies vaccinations shall be administered as follows:

(1) To domestic pets: in accordance with the manufacturer's recommendation.

(2) To wolf/hybrids: rabies vaccine approved for dogs must be administered to wolf/hybrids in a similar manner as recommended by the manufacturer for the inoculation of dogs against rabies until a rabies vaccine is approved for wolf/hybrids.

(3) To feral cats: in accordance with the manufacturer's recommendations.

(4) To livestock: approved vaccines must be administered in accordance with the manufacturer's recommendations. A licensed veterinarian may recommend the administration of rabies vaccine to livestock for which there is no approved rabies vaccine commercially available, including the dosage and the route of administration.

d. Rabies vaccination must be administered to domestic pets and wolf/hybrids prior to the age of 4 months unless in the judgment of the veterinarian the animal's medical condition would prevent the development of adequate immunity to rabies. Animals so exempted must be inoculated against rabies as soon as their medical condition permits.

Section 3 Rabies Vaccination Clinics

a. The rules for administration and use of rabies vaccine shall apply to rabies vaccines administered at any non-profit clinics and for-profit clinics. In the case of a non-profit clinic, if the vaccine is administerd[administered] by other than a veterinarian, that person must be employed by or work at a veterinary practice. A licensed veterinarian shall be on site at all times any clinic is in operation.

b. Records:

1. Rabies vaccination certificates signed by a licensed veterinarian and rabies tags shall be provided for all domestic pets and wolf-hybrids vaccinated at rabies vaccination clinics.

Copies of all the rabies vaccination certificates issued at the clinic will be provided to the municipal clerk of the municipality where the clinic is conducted. The clerk shall maintain these records for a minimum of three years or allow a veterinarian to maintain the records under the clerk's supervision.

Section 4 Enforcement

A civil penalty up to $ 500.00 per violation of these rules may be imposed by an officer designated by the commissioner in accordance with 20 V.S.A. § 3550.

History

• Effective Date: July 25, 1995 (Secretary of State Rule Log # 95-46)

Chapter 019 RULES GOVERNING THE IMPORTATION OF DOMESTIC ANIMALS INCLUDING LIVESTOCK AND POULTRY

20-019 Code Vt. R. 20-022-019-X RULES GOVERNING THE IMPORTATION OF DOMESTIC ANIMALS INCLUDING LIVESTOCK AND POULTRY

Section 1. Definitions.

1. Accredited Veterinarian is a veterinarian who is approved by the United States Department of Agriculture (USDA) and the State Animal Health Official in the state of origin of the imported animal to inspect and test domestic animals and issue Certificates of Veterinary Inspection.

2. Animal or Domestic Animal means cattle, sheep, goats, equines, swine, camelids, domestic cervids, American bison, poultry, psittacine birds, ferrets, ratites (ostriches, rheas and emus), and water buffalo.

3. Approved Laboratory is a laboratory recognized by USDA Animal and Plant Health Inspection Service (APHIS) to conduct official diagnostic testing.

4. Approved Livestock Market is a livestock market that is recognized by USDA and that has a current market agreement with it.

5. Certificate of Veterinary Inspection is a document issued by an Accredited Veterinarian in which the Accredited Veterinarian certifies that:

a. all statements required by these rules concerning the importation of domestic animals are true,

b. all animals referenced on the document have been inspected and officially identified, and

c. all tests required by these rules have been performed.

6. Chronic Wasting Disease (CWD) Affected State is a state or Canadian province that has had a positive diagnosis of CWD in a captive cervid. A state or province may be considered no longer affected if the Secretary has determined that it has taken appropriate actions to control or eradicate CWD and/or it has instituted a mandatory CWD monitoring/certification program for all captive cervid herds and has not diagnosed a case of CWD for a minimum of 5 years.

7. CWD Endemic State is a state or Canadian province that has had a positive diagnosis of CWD in free-ranging cervids. A state or province may be considered no longer endemic if the Secretary has determined appropriate actions were taken to determine disease prevalence and has not diagnosed a case of CWD for a minimum of 5 years.

8. CWD monitored/certified herd is a herd which has successfully enrolled and advanced in an officially recognized-state/provincial approved program requiring identification, records, inspection and testing of cervids for CWD.

9. Contagious Disease is any disease found in domestic animals which is capable of spreading from one domestic animal to another or to wild animals with or without actual contact, including reportable diseases as defined in 6 V.S.A. Section 1151(13).

10. Herd of Origin is a group of animals under common ownership or supervision in which the animal was born or spent the past 90 days prior to importation. Herd of Origin does not include a temporary assembly of animals for sale or shipment.

11. Immediate Slaughter means slaughter of livestock within 7 days from time of entry into Vermont and without diversion from slaughter channels or comingling with animals outside of those channels.

12. Import is any act of transporting domestic animals into Vermont from any state or country. The term "import" does not apply to domestic animals residing in Vermont that temporarily leave the state for not more than 30 days, return to the premises of origin, and have met the health requirements of the state(s) of destination in the interim.

13. Importer is any person transporting their own domestic animals into Vermont or a purchaser or consignee to whose premises or to whose custody domestic animals are first delivered after entry into Vermont.

14. Import Permit is a permit issued by the Secretary authorizing a person to import domestic animals into Vermont. See section II.C of these rules.

15. Livestock are domesticated animals normally considered farm animals which are generally used as a food source, including cattle, equine, goats, sheep, swine, camelids, fallow deer, red deer, elk, reindeer, and American bison.

16. Livestock Dealer is a person who is licensed and bonded in accordance with 6 V.S.A. § 762 and 764 to buy, sell, lease, or transport livestock, or to operate a livestock auction or sales ring.

17. National Poultry Improvement Plan (NPIP) is a national poultry management, sanitation and monitoring program as described in 9 CFR Part 145.

18. Official Identification is a set of unique identifying characters applied to an animal that complies with USDA's Animal Disease Traceability rule, 9 CFR Part 86, including any future amendments to the rule. Species not covered by 9 CFR Part 86 may be identified by electronic implantable device (EID or "microchip") or visual identification methods approved by the Secretary.

19. Official Test or Official Diagnostic Test is a diagnostic test that is approved and recommended by USDA or Secretary for determining the presence or absence of a disease and that is conducted and reported by an Official Tester.

20. Official Tester is a person who conducts or reports Official Tests within an Approved Laboratory or a person authorized by USDA to conduct and report Official Diagnostic Tests outside of the laboratory environment.

21. Person is an individual, partnership, association, corporation, or organization of persons whether incorporated or not, including any municipality, state, or federal agency, or subdivision of any state.

22. Post-entry Test and Examination means the testing and examining of imported domestic animals deemed necessary by the Secretary.

23. Poultry means domesticated birds of all ages which may be used as human food, and/or which produce eggs that may be used as human food. Poultry includes chickens, turkeys, domestic ducks, geese, pheasants, Chucker partridge and Coturnix quail. Poultry includes these species even when used for exhibition, hobby, or as pets.

24. Premises of Destination is the first premises within the Vermont on which imported domestic animals are confined.

25. Premises of Origin is the place of birth or last housing of the animal for at least 90 days prior to its importation.

26. Secretary means the Secretary of the Vermont Agency of Agriculture, Food & Markets (the Agency) or their designated representative, including the State Veterinarian and Animal Health Specialists.

27. Slaughter Channels means movement of animals only within Approved Livestock Markets and/or to commercial slaughter facility, as defined by 6 V.S.A. § 1459, without diversion to or interim stops in established breeding, feeding or commercial production herds.

28. Slaughter Livestock is livestock originating in any state or country specifically designated to a licensed slaughter establishment for immediate slaughter or to an Approved Livestock Market authorized to handle out-of-state livestock.

29. Test Eligible means that the animal has attained the specified age to require testing as set forth in these rules.

a. Brucellosis test eligible cattle/bison means all unvaccinated cattle/bison over 6 months of age (180 days) and all official vaccinates over 18 months of age (540 days), or as defined by current Uniform Methods and Rules.

30. Uniform Methods and Rules are the procedures published by USDA APHIS for the eradication of specific diseases under federal/state cooperative eradication programs. Uniform Methods and Rules also refers to future updates to these procedures which may be given a different name by USDA APHIS.

Section 2. General Information.

A. Requirements

a. In order to import or cause a domestic animal to be imported into Vermont, a person must ensure that the requirements of these rules are met. All tests and documentation required by 6 V.S.A. Chapter 107 and these rules, including a Certificate of Veterinary Inspection, import permit, or an Owner-Shipper Statement, are the responsibility of the importer.

b. A Certificate of Veterinary Inspection and import permit are not required for livestock imported into Vermont for immediate slaughter as prescribed by section II.E of these rules.

c. Before importing or causing to import a domestic animal from a federal quarantine, region of enhanced surveillance, or movement restriction order, a person must first obtain written permission from the Secretary.

d. A person shall not import or cause to be imported into Vermont a domestic animal that is affected with or has been exposed to any contagious disease.

e. All tests required for import purposes must be Official Diagnostic Tests completed in the state of origin.

i. During periods of heightened disease risk, the Secretary may alter the testing, timing, and restrictions associated with importation of livestock and poultry.

f. If the Secretary has reason to believe that a domestic animal may have been imported into Vermont in violation of these rules, the Secretary may issue a quarantine for the domestic animal, its products, and conveyances. The quarantine is in place until the Secretary releases the quarantine in writing.

If the Secretary determines that a domestic animal has been imported into Vermont in violation of these rules, the Secretary may require that the domestic animal be:

i. returned to the state of origin within 48 hours,

ii. slaughtered or euthanized within 72 hours, or

iii. tested, identified and/or inspected.

The importer shall pay any expense incurred under this subsection and shall not be entitled to any compensation from the state.

B. Certificate of Veterinary Inspection

a. A Certificate of Veterinary must include:

i. the name and address of the consignor and the consignee;

ii. the physical address of the premises of origin and the premises of destination;

iii. the Official Identification and a listing of breed, sex, age, and any other information pertinent to each animal's identity;

iv. the dates and results of all tests conducted as required by section III of these rules;

v. the date of examination which must be within 30 days of the import date;

vi. unique identifying number for the certificate itself;

vii. the import permit number when required by these rules;

viii. the signature and accreditation number of the accredited veterinarian;

ix. a certification by the accredited veterinarian that all statements made, tests conducted, and identities established for each domestic animal to be imported; and

x. when requested by the accredited veterinarian, the signature of the owner certifying that, at the time of issue, the domestic animals readied for import are in fact the animals for which the Certificate of Veterinary Inspection has been issued.

b. The accredited veterinarian must ensure that an official copy of each Certificate of Veterinary Inspection is submitted to the state animal health official of the state of origin, as prescribed by 9 CFR Part 86.5.

c. For each animal, the importer is required to:

i. have a Certificate of Veterinary Inspection completed by an accredited and licensed veterinarian of the state or country of origin within 30 days immediately prior to entry into the state or as otherwise provided by these rules; and

ii. ensure an official copy of each Certificate of Veterinary Inspection accompanies the animal during shipment and transportation.

d. The Secretary may disapprove a Certificate of Veterinary Inspection that does not meet the requirements of these rules.

e. Animals accompanied by a Certificate of Veterinary Inspection that has been disapproved may be considered illegal imports and may be subject to quarantine or to actions pursuant to section II.A.f of these rules.

C. Import Permit

a. If an import permit is required by section III of these rules, the importer shall ensure that an import permit is obtained by the accredited veterinarian issuing the Certificate of Veterinary Inspection.

b. To apply for an import permit, the veterinarian shall provide to the Secretary:

i. A Certificate of Veterinary Inspection with a unique identifying number completed within 30 days of proposed movement. The Certificate of Veterinary Inspection must contain all information required in section II.B.

ii. The expected date of importation.

iii. All species testing specifically required in section III of these rules.

c. An import permit is not required for livestock imported into Vermont from Canada that have passed USDA veterinary inspection and have been properly released for entry into the United States, except that an import permit is required for cervids imported into Vermont from Canada for any reason, including for immediate slaughter.

d. The Secretary may require an import permit for any domestic animal not otherwise provided for under section III of these rules from any area that the Secretary has determined may represent a threat for the introduction of a contagious animal disease.

D. Owner-Shipper Statement

a. In order to import or cause to be imported into Vermont any livestock consigned for immediate slaughter, a person must have in their possession an Owner-Shipper Statement certifying that the identified animals are being transported for purposes stipulated in accordance with 9 CFR Part 86.

b. The Owner-Shipper Statement must include:

i. the name and address of the consignor and the consignee,

ii. the physical address of the premises of origin and the premises of destination,

iii. the date of entry into Vermont and a statement that all livestock are consigned for immediate slaughter,

iv. a listing of Official Identification as defined in section I.20, and

v. the signature of shipper certifying that the livestock is/are imported for immediate slaughter.

E. Slaughter Livestock

a. Slaughter livestock imported into Vermont must be accompanied by an Owner-Shipper Statement in accordance with section II.D.

b. Because slaughter livestock are not required to have a Certificate of Veterinary Inspection, an import permit, or required specific tests as specified in section III, they may not be comingled with animals outside of slaughter channels. Therefore, slaughter livestock must be moved directly without interim stops to an Approved Livestock Market or approved slaughter establishment.

i. Slaughter livestock shall not be removed from the slaughter channels except as permitted by the Secretary.

c. Slaughter livestock moved to an Approved Livestock Market:

i. must be individually identified as defined by these rules.

ii. may then be sold only to an approved slaughter establishment, and after sale shall be moved immediately and directly without interim stops from the Approved Livestock Market to the slaughtering establishment.

F. Exhibition Animals

a. An exhibition is a recognized/organized spectator event in which a domestic animal is exhibited or entered in a competition and may receive awards or prizes.

b. In order to temporarily import livestock, except cervids, for exhibition on an extended Certificate of Veterinary Inspection, a person must obtain an exhibition permit in accordance with the procedure adopted by the Secretary. All tests must be current at the time of exhibition as required under section III of these rules. Livestock must originate from a state approved by the Secretary. To obtain a copy or learn more about this procedure, please contact the Animal Health Section.

c. If the Secretary determines there is a risk of contagious disease, the Secretary may require a Certificate of Veterinary Inspection to be issued within 30 days and/or import permit in accordance with section II prior to entry.

G. Variance

a. A variance to these rules must be requested in writing to the Secretary and must be obtained prior to importation.

H. Importation and Possession of Animals for Hunting

a. A person shall not import or possess any live animal for the purpose of taking by hunting, unless the Vermont Department of Fish and Wildlife has issued the person an importation and possession permit.

I. Penalties

a. A violation of these rules may be subject to penalties under 6 V.S.A. § 1469 and 6 V.S.A. Chapter 1.

Section 3. Testing and Special Requirements for Importing Domestic Animals.

A. CATTLE/BISON

Bison is a domestic animal of the genus Bison also called American bison and "buffalo." Cattle are animals of the genus Bos. Domestic water buffalo must also meet the testing and special requirements for importing cattle set forth in these rules.

a. Importation requirements for all purposes other than immediate slaughter:

i. Documentation

1. Certificate of Veterinary Inspection,

2. import permit, and

3. Official Identification

ii. Disease Testing

1. Brucellosis:

a. All cattle shall either:

i. originate from a herd of origin in states or Canadian provinces classified "certified free" of brucellosis or an equivalent classification, or

ii. originate from officially recognized certified brucellosis free herds, or

iii. all test-eligible cattle must individually test negative to an Official Test for brucellosis within 30 days immediately prior to entry into the state. All unvaccinated cattle/bison over 6 months of age (180 days) and all official vaccinates over 18 months of age (540 days) shall be considered brucellosis test eligible cattle/bison unless otherwise defined by current federal brucellosis program standards.

b. All bison must have a negative Official Test for brucellosis within 30 days prior to importation. Bison that originate from official certified brucellosis free herd are exempt from the requirement for a brucellosis test. The current brucellosis certified free herd status shall be indicated on the Certificate of Veterinary Inspection.

i. All test-eligible imported bison must be tested for brucellosis between 45 days and 120 days post entry into Vermont. The owner of imported bison is responsible for the cost of testing.

2. Tuberculosis:

a. All cattle or bison shall either:

i. originate from a herd of origin in states or Canadian provinces classified accredited free of tuberculosis or an equivalent classification;

ii. originate from a bovine tuberculosis accredited free herd. The current TB accredited herd status shall be indicated on the Certificate of Veterinary Inspection; or

iii. test negative to on an Official Test for tuberculosis within 60 days immediately prior to entry into Vermont, except that the following cattle/bison are exempt from the tuberculosis test requirement.

iii. Calves under fourteen (14) days of age are exempt from the import permit and Certificate of Veterinary Inspection requirements if:

1. The calves:

a. were born in and originate from a state with which the Secretary has an agreement regarding the import of calves under 14 days of age; and

b. have Official Identification prior to movement;

2. The importer:

a. is a Vermont licensed livestock dealer;

b. keeps a separate record of each shipment listing all animals imported, the date of import, the disposition of each animal and the date of disposition;

c. maintains this record for five years or as specified in 9 CFR Part 86.3 and makes it available for inspection by the Secretary upon request.

b. Importation requirements for immediate slaughter (slaughter livestock):

i. Documentation

1. Official Identification

2. Owner Shipper Statement (section II.D)

ii. Slaughter livestock must remain in the slaughter channels as defined in these rules. Such cattle consigned to an Approved Livestock Market shall be identified by slaughter only ear tags or other means of identification approved for this purpose by the Secretary. Cattle or bison so identified shall not be allowed to leave slaughter channels except as permitted by the Secretary.

iii. Animals may be imported without official identification provided they are slaughtered within 3 days of import into Vermont and meet the conditions of 9 CFR Part 86.4.

B. SWINE

Swine is an animal of the species Sus scrofa domesticus, commonly referred to as pigs or hogs, including pot-belly pigs. Swine does not include free-living or feral wild boars or wild swine.

a. Importation requirements for all purposes other than immediate slaughter:

i. Documentation

1. Certificate of Veterinary Inspection,

2. import permit, and

3. Official Identification

ii. Disease Testing

1. Brucellosis:

a. All swine shall either:

i. originate from a herd of origin in states or Canadian provinces classified "certified free" of brucellosis or an equivalent classification: or

ii. originate from a Validated swine brucellosis free or Validated-Qualified herd: or

iii. if 6 months of age or over, or per current federal brucellosis program standards, be blood tested negative to a USDA officially recognized brucellosis test dated within 30 days immediately prior to entry into Vermont.

2. Pseudorabies:

a. All swine imported into the state must either:

i. originate directly from herds of origin in states in Stage V of the swine pseudorabies eradication program;

ii. originate directly from an officially recognized Qualified pseudorabies negative herd and the current pseudorabies qualified herd status shall be indicated on the Certificate of Veterinary Inspection; or

iii. test negative to an Official Test for pseudorabies within 30 days immediately prior to entry into Vermont.

b. All swine required to test that are not imported directly from the herd of origin must be quarantined apart from other swine on the importer's premises until retested with an Official Test within 30- 60 days at the importer's expense.

b. Importation requirements for immediate slaughter (slaughter livestock):

i. Documentation

1. Identification in accordance with 9 CFR Part 71.19

2. Owner Shipper Statement (section II.D)

ii. Slaughter livestock must remain in the slaughter channels as defined in these rules. Such pigs consigned to an Approved Livestock Market shall be identified by slaughter only ear tags or other means of identification approved for this purpose by the Secretary. Pigs so identified shall not be allowed to leave slaughter channels except as permitted by the Secretary.

C. EQUINE

Equine means any member of the family equidae including horses, ponies, mules, donkeys, and zebra.

a. Importation requirements for all purposes:

i. Documentation

1. Certificate of Veterinary Inspection.

ii. Disease Testing

1. Equine Infectious Anemia:

a. All equine imported into Vermont shall test negative for Equine Infectious Anemia (EIA) within 12 months of entry by a Coggins test or other USDA Official Test for EIA, except for pre-weaned foals under 6 months of age traveling with its dam which has been tested as required under these rules. The Certificate of Veterinary Inspection shall contain the date of the test for EIA, and identify the laboratory performing the test.

iii. Extended Equine CVI:

1. Horses originating from participating states may travel under the authority of an EECVI provided the Coggins is up to date at the time of movement into Vermont and they are accompanied by the required Trip Permit(s).

D. SHEEP

Sheep is an animal of the genus Ovis.

a. Importation requirements for all purposes other than immediate slaughter:

i. Documentation

1. Certificate of Veterinary Inspection,

2. import permit, and

3. Official Identification

ii. Disease Testing

1. Scrapie:

a. No sheep or lamb known as positive, suspect, high-risk or exposed for scrapie disease or originating from an infected, source or exposed flock shall be imported into Vermont except in accordance with 9 CFR Part 79 and with written permission from the Secretary.

b. Importation requirements for immediate slaughter (slaughter livestock):

i. Documentation

1. Official Identification

2. Owner Shipper Statement (section II.D)

ii. Slaughter livestock must remain in the slaughter channels as defined in these rules. Such sheep consigned to an Approved Livestock Market shall be identified by slaughter only ear tags or other official means of identification approved for this purpose by the Secretary or in accordance with 9 CFR Part 79 . Sheep so identified shall not be allowed to leave slaughter channels except as permitted by the Secretary.

E. GOATS

Goat is an animal of the genus Capra.

a. Importation requirements for all purposes other than immediate slaughter:

i. Documentation

1. Certificate of Veterinary Inspection,

2. import permit, and

3. Official Identification

ii. Disease Testing

1. Brucellosis:

a. All goats shall either:

i. originate from brucellosis certified free states/Canadian provinces; or

ii. originate from a herd which has completed a negative whole herd brucellosis test of animals 6 months of age or older within the previous 12 months and shall be indicated on the Certificate of Veterinary Inspection; or

iii. must have a negative test for brucellosis within 30 days prior to importation.

2. Tuberculosis:

a. All goats shall either:

i. Originate from bovine tuberculosis accredited free states/Canadian provinces; or

ii. tuberculosis accredited free herds are exempt from tuberculosis tests; or

iii. test negative for tuberculosis within 60 days prior to importation.

3. Scrapie:

a. No goat known as positive, suspect, high-risk or exposed for scrapie disease or originating from an infected, source or exposed herd shall be imported into Vermont except in accordance with 9 CFR Part 79 and with written permission from the Secretary.

b. Importation requirements for immediate slaughter (slaughter livestock):

i. Documentation

1. Official Identification

2. Owner Shipper Statement (section II.D)

ii. Slaughter livestock must remain in the slaughter channels as defined in these rules. Such goats consigned to an Approved Livestock Market shall be identified by slaughter only ear tags or other official means of identification approved for this purpose by the Secretary or in accordance with 9 CFR Part 79 . Goats so identified shall not be allowed to leave slaughter channels except as permitted by the Secretary.

F. CAMELIDS

Camelid is an animal of the family Camelidae including alpacas, camels, guanacos, llamas, and vicunas.

a. Importation requirements for all purposes other than immediate slaughter:

i. Documentation

1. Certificate of Veterinary Inspection,

2. import permit, and

3. Official Identification.

ii. Disease Testing

1. Brucellosis:

a. All camelids imported into Vermont shall either:

i. originate from a herd of origin in states or Canadian provinces classified certified free of brucellosis or equivalent;

ii. originate from a herd which has completed a negative whole herd brucellosis test of animals 6 months of age or older within the previous 12 months and shall be indicated on the Certificate of Veterinary Inspection; or

iii. test negative on an Official Test for brucellosis dated within 30 days prior to the date of entry into Vermont if 6 months of age or older.

2. Tuberculosis:

a. All camelids imported into Vermont shall either:

i. originate from a herd of origin in a state or Canadian province classified tuberculosis accredited free or equivalent;

ii. originate from a herd which has completed a negative whole herd TB test of animals 1 year of age or older within the previous 12 months and shall be indicated on the Certificate of Veterinary Inspection; or

iii. test negative to an Official Test for tuberculosis dated within 60 days prior to the date of entry into the state if 6 months of age or older.

b. Importation requirements for immediate slaughter (slaughter livestock):

i. Documentation

1. Official Identification

2. Owner Shipper Statement (section II.D)

ii. Slaughter livestock must remain in the slaughter channels as defined in these rules. Camelids imported for immediate slaughter shall not be allowed to leave slaughter channels except as permitted by the Secretary.

G. CERVIDS

Cervid means any domestic and non-native member of the family Cervidae including red deer, fallow deer, elk, and reindeer. For purposes of this rule, white-tailed deer and moose are not considered cervids.

a. Importation requirements for all purposes other than immediate slaughter:

i. Documentation

1. Certificate of Veterinary Inspection,

2. import permit, and

3. Two forms of Official Identification, including an RFID (or equivalent) device

ii. Facility Requirements

1. Prior to the issuance of an import permit, the importer shall construct and maintain suitable facilities at the premises of destination for restraining and testing cervids in accordance with Vermont Rules Governing Captive Cervidae establishing facility, fencing and transportation requirements.

iii. Disease Testing

1. Brucellosis:

a. All cervids imported into Vermont shall either:

i. originate from an officially recognized brucellosis certified free cervid herd and the current status shall be indicated on the certificate of veterinary inspection; or

ii. test negative to a USDA officially recognized test for brucellosis dated within 30 days prior to the date of entry for all cervids 6 months of age or older.

2. Tuberculosis:

a. All cervids imported into Vermont shall either:

i. originate from accredited free cervid herds accompanied by a Certificate of Veterinary Inspection stating the herd status; or

ii. originate from qualified or monitored cervid herds accompanied by a Certificate of Veterinary Inspection stating the herd status and have been classified negative to Official Test for tuberculosis that was conducted within 90 days prior to the date of movement; or

iii. have two negative Official Tests for tuberculosis that were conducted no less than 90 days apart, with the second test conducted within 90 days prior to the date of movement, and that the animals were isolated from all other members of the herd during the testing period.

iv. Exceptions:

1. Cervids less than 12 months of age, that originate from and were born in qualified or monitored herds may enter Vermont without further tuberculosis testing, provided they are accompanied by a Certificate of Veterinary Inspection stating that such cervids originated from such herds and have not been exposed to cervids from a lower status herd.

2. Institutions that have been accredited by the American Association of Zoological Parks and Aquariums (AAZPA) are exempt from those requirements when movement is between accredited member facilities. All other movement from AAZPA-accredited members must comply with these movement requirements.

3. Chronic Wasting Disease (CWD):

a. CWD susceptible cervids shall not be imported into Vermont for any reason from a CWD Endemic state or province.

b. CWD susceptible cervids may only be imported into Vermont from a CWD Affected state or province if:

i. the Secretary determines the herd or state of origin has completed sufficient CWD monitoring and surveillance and is of negligible risk; and

ii. documentation of this determination by the Secretary has been submitted in writing.

c. CWD susceptible cervids shall not be imported into Vermont unless the herd of origin is a CWD monitored herd that has participated in a USDA CWD program or a comparable state certified program for a minimum of 5 years, or as recommended by current program standards, and has been determined by the Secretary to be of negligible risk.

iv. All cervids imported into Vermont shall be imported directly from the herd of origin they were born into.

b. Importation requirements for immediate slaughter (slaughter livestock):

i. Documentation

1. Official Identification

2. Owner Shipper Statement (section II.D)

ii. Slaughter livestock must remain in the slaughter channels as defined in these rules. Cervids imported for immediate slaughter shall not be allowed to leave slaughter channels except as permitted by the Secretary.

H. POULTRY

Poultry means domestic birds of all ages which may be used as human food, and/or which produce eggs that may be used as human food. Poultry includes chickens, turkeys, domestic ducks, geese, pheasants, Chucker partridge, Coturnix quail, and other Galliformes. Poultry includes these species even when used for exhibition, hobby, or as pets.

a. Importation requirements for all purposes other than immediate slaughter:

i. Documentation

1. Certificate of Veterinary Inspection or a National Poultry Improvement Plan VS Form 9-3 dated within 30 days prior to the date of importation.

ii. Disease Testing

1. Pullorum-Typhoid:

a. All poultry, except waterfowl, 5 months or more of age must originate from a Pullorum-Typhoid clean flock or test negative to an agglutination test for Pullorum-Typhoid disease within 30 days immediately prior to the date of entry into Vermont.

b. All poultry less than 5 months of age and all hatching eggs imported into Vermont must originate from a hatchery or other premises that is under the supervision of the poultry disease control officials of the state of origin, and that has a Pullorum-Typhoid classification of clean or better.

b. Importation requirements for immediate slaughter:

i. Documentation

1. Owner Shipper Statement (section II.D).

I. RATITES

Ratites mean domestic large flightless birds including ostriches, rheas and emus.

a. Importation requirements for all purposes other than immediate slaughter:

i. Documentation

1. Certificate of Veterinary Inspection or a National Poultry Improvement Plan VS 9-3 dated within 30 days prior to the date of importation

b. Importation requirements for immediate slaughter:

i. Documentation

1. Owner Shipper Statement (section II.D)

J. PSITTACINE BIRDS

Psittacine Birds means domestic birds commonly sold in the pet trade for household pets that are susceptible to psittacosis including Psittaciformes, Passeriformes, and Columbiformes.

Galliformes are considered Poultry under these rules even if sold as pets.

a. Importation requirements for all purposes:

i. Documentation

1. Certificate of Veterinary Inspection dated within 15 days prior to the date of importation,

2. Official Identification

ii. All psittacine birds imported into Vermont shall be identified by a metal band, implant or other approved identification which identifies the breeder. Psittacine birds originating from outside the United States must be identified in accordance with federal requirements for international imports.

iii. All imported psittacine birds shall be inspected and found to be free of infectious, contagious, and communicable diseases within 15 days immediately prior to the date of entry into Vermont.

iv. All imported psittacine birds may be quarantined for 15 days immediately after entry into Vermont and may be subject to post-entry test and examination.

v. All importers of psittacine birds shall keep records that indicate the origin and date of shipment, the name and address of the consignor, the number of birds shipped, and the name and address of the persons to whom the imported birds are sold.

K. NON-DOMESTIC SPECIES

a. The Agency does not have jurisdiction over wildlife, fish, and non-domestic species. The Importer should contact the Vermont Department of Fish and Wildlife.

The Migratory Bird Treaty Act of 1918 is a federal law that helps ensure the sustainability of populations of protected migratory bird species by prohibiting their take (including killing, capturing, selling, trading, and transport) without prior authorization from the Department of Interior U.S. Fish and Wildlife Services.

The U.S. Fish and Wildlife Service also manages migratory game bird species under a separate set of migratory game bird regulations. These regulations apply to some species in the following families: Anatidae (wild ducks, geese, and brant), Rallidae (rails, coots, moorhens and gallinules), and Scolopacidae (woodcock and snipe). Except as expressly provided in the regulations, it is unlawful to hunt, capture, kill, take, possess transport, buy or sell any migratory game bird or part thereof.

History

• EFFECTIVE DATE:
• September 6, 1996 Secretary of State Rule Log #96-52
• AMENDED:
• December 8, 1998 Secretary of State Rule Log #98-74; 7/3/2024 Secretary of State Rule Log #24-023
• STATUTORY AUTHORITY: 6 V.S.A. §§ 1460, 1475, 1153, 3071

Chapter 020 RULES FOR THE HUMANE EUTHANASIA OF ANIMALS IN REGISTERED ANIMAL SHELTERS

20-020 Code Vt. R. 20-022-020-X RULES FOR THE HUMANE EUTHANASIA OF ANIMALS IN REGISTERED ANIMAL SHELTERS

Section I DEFINITIONS

A. "Certified Euthanasia Technician" (CET) means a person employed by a registered animal shelter who is instructed in:

the proper method of humanely euthanizing animals by injecting solutions approved for euthanasia,

2. proper security precautions;

3. proper record keeping; and

who has been certified by the Commissioner.

B. "Chemical Restraint Drugs" means drugs that are administered prior to a lethal drug to reduce aggressiveness and/or mobility of the subject animal.

C. "Commissioner" means Commissioner of Agriculture, Food and Markets.

D. "Direct Supervision" means responsibility for the training of the prospective CET and being physically present during euthanasia when performed by the prospective CET.

E. "Drug Enforcement Agency" (DEA) means the Federal agency for enforcement of narcotic laws.

F. "Euthanasia Board for Animals" (EBA) means a board appointed by the Commissioner to:

1. provide training programs for certified euthanasia technicians;

2. recommend individuals for certification as euthanasia technicians;

3. inspect registered animal shelters for compliance with these or any other rules Promulgated under 20 V.S.A., Section 3913 & 13 V.S.A. Section 371;

4. recommend registered animal shelters for approval to purchase, possess and use solutions approved for euthanasia; and

make such other recommendations to the Commissioner as are appropriate to insure humane and safe euthanasia of animals.

G. "Euthanasia Solution" means a solution used for the humane death of an animal accomplished by a method that produces rapid unconsciousness and subsequent death without evidence of pain or distress, or a method that utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death.

H. "Lethal Drug" means drugs that, when administered to an animal, cause humane death.

I. "Registered Animal Shelters" (RAS) means animal shelters registered with the Vermont Department of Agriculture, Food and Markets under 20 V.S.A. Section 3903.

J. "Veterinarian of Record" means a Vermont licensed veterinarian who is the primary veterinary consultant to the registered animal shelter for the euthanasia procedures used in the registered animal shelter.

Section II EUTHANASIA BOARD FOR ANIMALS

A. COMPOSITION:

The EBA shall consist of seven (7) members; three (3) veterinarians recommended by the Vermont Veterinary Medical Association; three (3) representatives of registered animal shelters recommended by the Vermont Humane Federation; and the State Veterinarian or another veterinarian representative of the Commissioner.

1. Each member with the exception of the Commissioner's representative shall be appointed for three years except that the initial appointments for each group will serve terms as follows: one member will serve for one year, one will serve for two years and the third will serve for three years.

2. Each member except the Commissioner's representative may be reappointed to a second term. No member except for the Commissioner's representative, shall serve more than two full three year terms.

B. DUTIES:

Duties of the members of the Euthanasia Board for Animals include but are not limited to:

1. Coordinating and providing euthanasia training classes no less than once every two years.

2. Evaluating candidates for certification and recommending certification to the Commissioner.

Evaluating candidates for recertification and recommending recertification to the Commissioner.

4. Reviewing the records, performance, methods, procedures and inspecting the facilities of registered animal shelters used for euthanasia and recommending approval of registered animal shelters for purchasing, possessing or using euthanasia solutions.

5. Recommending suspension or revocation of:

(a) certification of technicians, or

(b) approval of registered animal shelters for cause.

6. Recommending additions or deletions to the list of approved euthanasia solutions and chemical restraint drugs for use in a registered animal shelter.

C. EUTHANASIA TRAINING:

The Euthanasia Board for Animals shall develop and/or recommend training sessions and materials which may include, but are not limited to the following topics:

1. The theory of euthanasia methods;

2. Proper animal handling to ease trauma and stress;

3. Dosages, record keeping and documentation of usage of euthanasia solutions and chemical restraint drugs;

4. Proper injection techniques.

D. ON-SITE INSPECTION TEAM:

1. Composition: The inspection team shall include at a minimum, a veterinarian, a humane society representative and the State Veterinarian or his/her designee.

2. Duties:

(a) To inspect registered animal shelters for approval to use euthanasia solutions.

(b) To examine candidates for certification as euthanasia technicians.

E. INSPECTION DEFICIENCIES REQUIRING IMMEDIATE CORRECTION:

If there are deficiencies with either a CET or a RAS facility, the member of the EBA shall document areas for correction on the inspection form. The RAS and CET shall make corrections within 90 days and the EBA member will reinspect or re-examine the CET or RAS facility within 90 days. If the deficiencies have not been corrected the EBA member or EBA board may recommend that the Commissioner:

1. not issue the certification or approval,

2. revoke the certification of the CET and the approval of the RAS as may be applicable.

Section III WHO MAY ADMINISTER EUTHANASIA SOLUTIONS

A. GENERAL:

No person shall administer euthanasia drugs to an animal in a registered animal shelter in Vermont unless that person is a certified euthanasia technician or a Vermont licensed veterinarian.

B. EXCEPTION:

A person in training as a CET who is employed by a registered animal shelter, may administer a lethal drug or chemical restraint drug under the direct supervision of a certified euthanasia technician or Vermont licensed veterinarian.

Section IV CERTIFIED EUTHANASIA TECHNICIANS

A. INITIAL CERTIFICATION OF TECHNICIANS:

Application: Applicants for initial certification as euthanasia technicians must provide the euthanasia board for animals with the following:

a. Satisfactory completion of an approved euthanasia training course.

b. Satisfactory completion of a supervised training period of not less than two months within the past twelve months.

c. Satisfactory completion of an oral and practical examination by the on-site inspection team.

d. Proof of employment at an approved registered animal shelter;

e. A sworn statement that he or she does not have any drug-related convictions, and which discloses any pending drug-related criminal charges.

2. Procedure: The euthanasia board for animals will review the request for initial certification at its next meeting and submit its recommendations to the Commissioner. All recommendations shall be supported by factual findings.

3. Certified euthanasia technicians will receive a certificate which will expire on January 1 of each year. The certificate will be displayed on the wall of the euthanasia room of the registered animal shelter.

B. RECERTIFICATION OF EUTHANASIA TECHNICIANS:

1. Certified Euthanasia Technicians must submit on or before January 1 of each year an application for recertification to the Commissioner with the following information:

a. Proof of satisfactory completion of an approved euthanasia refresher course within the previous three years.

b. Proof of employment at an approved registered animal, shelter.

c. A sworn statement that he or she does not have any drug-related convictions, and which discloses any pending drug-related criminal charges.

2. Recertification recommendations for, or the denial of recertification shall be supported by factual findings.

C. CERTIFICATION STANDARDS FOR TECHNICIANS:

1. The certified euthanasia technician administering euthanasia solutions or supervising others in training is fully responsible for all actions that take place in the euthanasia area.

Each animal shall be held with the least amount of restraint necessary but human safety shall always be the primary concern. The use of chemical restraint is the option of the certified euthanasia technician.

3. Injection techniques for euthanasia solutions and chemical restraint drugs:

(a) Intravenous injections: The certified euthanasia technician shall be able to perform intravenous injections humanely. Intravenous injections shall be in the cephalic vein in all dogs over the age of 3 months and any other large animals unless the animal's physical condition or size makes this type of injection impossible or the animal's behavior could make this type of injection a serious danger to the CET or the handler. Intravenous injections on cats are not required but if performed shall meet the standards for dogs.

(b) Intraperitoneal injections: The certified euthanasia technician shall be able to efficiently insert the needle into the proper injection sites. After the injection the animal shall be placed in an appropriate enclosure separated from other animals. The front of the appropriate enclosure shall be covered with cloth or other material that can keep the cage isolated from the normal activities in the euthanasia area. The animal shall be observed regularly until death occurs.

(c) Intracardiac injections are not required. At no time shall intracardiac injections be used on conscious animals.

(d) No other injection procedure for euthanasia solution is permitted in any type of animal.

(e) Chemical restraint drugs administered prior to euthanasia solutions may be given subcutaneously, intramuscularly or orally.

4. The CET must understand the concern for individual animal needs:

(a) Injected animals shall be lowered to the surface on which they are being held after they have collapsed. Injected animals shall not be permitted to drop or otherwise collapse without human support except when the animal is restrained by a mechanical restraint device.

(b) All animals shall be handled with minimum stress while maximizing personal safety. Animals that cannot be handled with a limited amount of physical restraint shall be given a chemical restraint drug. Under these circumstances if the shelter has insufficient chemical restraint drugs available, it should consult a veterinarian. Handling includes all aspects of moving an animal from one area to another.

(c) Animals shall not be placed in cages or kennels with other breeds or species that are incompatible with the animal in question. The animals shall not be overcrowded in any cage or kennel.

5. The CET must demonstrate:

(a) The ability to verify death; Each animal shall be checked to verify death. The verification is the responsibility of the certified euthanasia technician and shall be made by physical examination of the individual animal. One or more of the following three indicators of death shall be met:

1. Complete lack of palpebral, corneal and pupillary reflexes, complete lack of heartbeat determined by use of a stethoscope and complete lack of respiration; or

2. Cardiac standstill as indicated by a complete lack of movement of a needle inserted directly into the heart; or

3. Rigormortis.

(b) The ability to handle difficult situations if they arise during the euthanasia process.

(c) The ability to communicate with handlers during the euthanasia process.

6. Use of Assistants:

(a) To assure safe and humane euthanasia technique a minimum of two persons shall be required for any intravenous injection. One person shall be a CET and one or more persons shall be a handler.

The handler(s) do not have to be CETs but the handler(s) should be trained in human safety and in animal handling techniques.

(b) Intraperitoneal injection and intracardiac injections may be administered by a certified euthanasia technician without a handler to unconscious animals.

7. Chemical restraint drug: Ketamine, xylazine, acetylpromazine and other chemical restraint drugs shall be used according to their label instructions. The storage requirements for controlled substances and non-controlled substances shall apply to chemical restraint drugs according to their classification.

8. Proper Record Keeping:

(a) A record of all euthanasia solution received and used by shelters shall be kept in a consecutively numbered bound book. The record for controlled substances shall meet the requirements of the DEA. The records shall contain at least the following information:

1. The species and weight of each animal on which the drug is used.

2. The amount of the drug that was used and the total amount of drug left after use.

3. The name or initials of the person who administered the drug.

(b) All records shall be filed in chronological order and labeled with the name of the RAS.

(c) Outdated Drugs: Outdated drugs shall be labeled as such and properly disposed of. Outdated drugs shall not be inspected into living animals.

(d) All records shall be kept for a period of three years from the purchase date of the drug.

Section V CERTIFICATION STANDARDS FOR REGISTERED ANIMAL SHELTERS TO BE APPROVED TO PERFORM EUTHANASIA

A. Standards for initial approval of RAS:

1. An approved RAS should employ a CET. A CET shall be responsible for the security and use of euthanasia solutions and chemical restraint drugs; the verification of animals for euthanasia; and the euthanasia procedures used by the RAS. Any change in employment status by a CET must be reported in writing to the Commissioner within 2 working days.

2. A RAS must demonstrate that the shelter has a veterinarian of record. Any change in the veterinarian of record must be reported to the Commissioner in writing within 2 working days.

3. A RAS must pass a facility inspection by an inspection team appointed by the EBA. This inspection will include but not be limited to:

(a) A DEA approved record system for controlled and non-controlled substances.

(b) A DEA approved storage system for controlled and non-controlled substances.

(c) An approved euthanasia area.

(d) Sufficient supplies and equipment to perform euthanasia humanely.

4. The RAS must provide the inspection team with forms and information pamphlets used by the RAS for animal surrender, animal adoption, euthanasia services and other pertinent activities of the RAS.

5. The RAS must demonstrate to the inspection team proper animal identification procedures to insure euthanasia of the proper animal.

6. The EBA's recommendations or approval or non-approval must be supported by factual findings.

B. Procedure For Initial Approval of RAS:

1. The Euthanasia Board for Animals will review the request for initial approval of the RAS at its next meeting and submit its recommendations to the Commissioner.

2. Approved registered animal shelters will receive a certificate which will expire on January 1 of each year. The certificate will be displayed on the wall of the euthanasia room of the registered animal shelter.

C. Standards for the euthanasia area:

1. Each shelter shall have a specific area designated for euthanasia. That area:

(a) shall be a separate room; or

(b) an area that is physically separated from the rest of the shelter by a wall, barrier or other divider; or

(c) an area that is not used for any other purpose while animals are being euthanized.

(d) shall provide a separate entrance to the euthanasia area for injured or contagious animals.

(e) shall provide a safe quiet environment in which to perform euthanasia.

(f) shall provide adequate space for two persons to perform euthanasia.

2. The following information shall be posted in the euthanasia area of a RAS:

(a) a dosage chart for each euthanasia solution or chemical restraint drug maintained at the facility.

(b) response protocols for accidental exposure of humans to euthanasia solutions or chemical restraint drugs maintained at the registered animal shelter.

The euthanasia area shall meet the following minimum standards:

(a) Lighting shall be adequate and even to provide sufficient illumination to aid in maintaining good housekeeping practices, adequate inspection of animals, and safe working conditions for personnel.

(b) The air temperate shall be within reasonable comfortable range for both personnel and animals. A minimum of 64 degrees and a maximum of 84 degrees fahrenheit is recommended.

(c) The area shall have adequate ventilation that prevents accumulation of odors. At least one exhaust fan vented directly to the outside is recommended.

(d) The area shall have holding cages available to hold an animal while waiting for the drug to take effect. These cages shall be clean and sanitized.

(e) The floor of the area shall provide dry non-slip footing to prevent accidents.

(f) Drains should be capped and sealed or able to be flushed and disinfected.

4. The euthanasia area shall have the following equipment:

(a) A table or other work area where animals can be handled when euthanasia is performed. The surface shall have a non-slip texture that provides a comfortable footing for the animal.

(b) A cabinet, table, or work bench where the drug, needle, syringe and clippers can be placed. This surface shall be separate from the area where the animals are being handled.

(c) A sink or faucet shall be available within 25 feet of the euthanasia area for emergency cleanup.

(d) All equipment shall be in good working order.

(e) All equipment shall be stored so that it does not create a safety hazard for the personnel.

The following equipment shall be kept in the euthanasia area or shall be brought to the area each time euthanasia is performed:

(a) A first aid kit which meets VOSHA standards.

(b) One or more tourniquets.

(c) Standard electric clippers with a number 40 Oster blade or an equivalent blade.

(d) Appropriate restraint devices for dogs and cats when euthanasia is performed.

(e) Stethoscope.

(f) Towels, sponges and disinfectant.

6. All drugs and other chemical agents used in the euthanasia area shall be clearly labeled.

D. HANDLING OF EUTHANASIA SOLUTIONS AND CHEMICAL RESTRAINT DRUGS:

1. List of approved drugs.

(a) The EBA will recommend specific chemical restraints drugs and lethal drugs for use as euthanasia solutions to the Commissioner for approval. Consideration will be made for the pharmacological action of the drugs; the ease of humane administration of the drugs; the animal species for which the drug can be used to perform euthanasia; and human safety issues relative to use of the drug.

(b) The list of approved euthanasia solutions will be provided to approved registered animal shelters and updated as required. This list will:

1. include the generic and the trade name of the drug.

2. indicate for record keeping purposes whether the drug is a controlled or non-controlled substance.

3. indicate the species for which the drug is approved and the approved route of administration.

4. Storage of Euthanasia Solutions:

(a) The CET shall be responsible for compliance with storage requirements for euthanasia solutions at registered animal shelters. Any violation of storage requirements should be immediately reported to the Commissioner.

(b) Controlled substances shall be stored in accordance with current DEA regulations and any DEA or state regulations promulgated in the future.

1. Inventories of controlled substances will be stored in a locked safe attached to a wall to the building in a room other than the euthanasia room. Only controlled substances will be in the safe.

2. Safes:

(a) The safe shall be securely attached to the building in which it is housed.

(b) If a controlled substance is stored in a safe that can be opened by employees other than the CET, the controlled substance shall be kept in a separate locked metal container within the safe. Access to this container shall be available only to the CET and the veterinarian of record.

(c) The environment temperature of the storage cabinet shall be adequate to ensure the proper keeping of the drugs.

Controlled substances for day use may be stored in a locked cabinet in the euthanasia room with non-controlled substances, syringes, the daily log and the record book. The controlled substance must be returned to the safe at the end of the business day or whenever the CET is not on duty. The key to the cabinet shall be available only to the CET or veterinarian on duty.

5. Non-controlled substances may be stored in a locked cabinet in the euthanasia room or secured under lock in another room at the registered animal shelter. Non-controlled substances may be kept with syringes, inventory records and daily logs.

6. Sodium pentobarbital in powder form shall be reconstituted according to the manufacturer's instructions. Each container of sodium pentobarbital shall be labeled with the name and strength, the date the drug was received and prepared, a drug warning label and the name and address of the RAS owning the drug.

7. Record keeping requirements are in IV.C.8. of these rules.

E. STANDARDS FOR NEEDLES AND SYRINGES:

1. Needles - four (4) different needle sizes are required; 18, 20, 22 and 25 gauge. A RAS may have other needle sizes according to its needs. Needles shall be of medical quality and shall not be used more than once.

2. Syringes - three (3) different syringe sizes are required; 3, 6 and 12 cc. A RAS may have other syringe sizes according to its needs. Syringes shall be of medical quality and may be reused only for euthanasia after proper cleaning.

3. The temporary storage cabinet shall be used to store all needles and syringes when not in use.

4. Following use, needles and syringes shall be disposed of in a manner that makes their reuse impossible.

F. CARCASS DISPOSAL

1. All carcasses shall be disposed of in a manner according to law and the facility procedures.

2. Until the carcass can be disposed of it should be kept in a freezer used only for this purpose.

G. REAPPROVAL OF REGISTERED ANIMAL SHELTERS:

1. A RAS may submit a request for reapproval to the Commissioner on or before January 1 of each year with the following information:

a. A list of CETs employed by the RAS, their employment status (including part time, full time, hours on duty) and indicate which CET is responsible for all aspects of euthanasia at the RAS.

b. The name and address of the veterinarian of record and an indication of the veterinarian's consent to serve the RAS as the veterinarian of record.

There may be an inspection prior to reapproval.

3. The Board may recommend that the Commissioner revoke or suspend approval based upon investigation of complaints, an inspection revealing deficiencies that are not corrected, or any other violations of these rules.

4. The RAS's recommendations for approval or non-approval must be supported by factual findings.

History

• EFFECTIVE DATE: December 20, 1995 (Secretary of State Rule Log # 95-84)
• STATUTORY AUTHORITY: 13 V.S.A., § 371; 20 V.S.A., § 3918; 3 V.S.A., Chapter 25

Chapter 021 RULES ESTABLISHING FACILITY, FENCING AND TRANSPORTATION REQUIREMENTS FOR CERVIDAE

20-021 Code Vt. R. 20-022-021-X RULES ESTABLISHING FACILITY, FENCING AND TRANSPORTATION REQUIREMENTS FOR CERVIDAE

Section 1 Statutory Authority

These rules are promulgated pursuant to 6 V.S.A., Chapter 102, Section 1153.

Section 2 Definitions 6 V.S.A. CH. 102, Section 1153

(a) "Antlers in velvet" means antlers in the growing stage that are covered with viable skin and are sensitive to touch.

(b) "Cervidae" shall have the same meaning as provided under 6 V.S.A., Chapter 102, Section 1151(15), (fallow deer, red deer, reindeer).

(c) "Escape-proof" means so constructed that the cervidae will remain confined under all circumstances, except when natural catastrophe or other incidents occur over which the owner or the owner's agent has no control.

(d) "Owner" means the person or the legal entity that has title to the animals.

(e) "Suitable facilities" means facilities specially built to confine cervidae and to enable disease testing procedures to be performed on cervidae in a safe and humane manner.

Section 3 Fencing Requirements

(a) General: Cervidae must be contained within an escape-proof enclosure at all times except when used as work animals or for exhibition under conditions appropriate for the species involved.

(b) Specifications:

(1) Conventional or hi-tensile perimeter fences of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12-1/2" x 7").

(2) Minimum wire gauges - 12 1/2 gauge - conventional fence, 14-1/2 gauge - woven hi-tensile.

(3) All perimeter gates providing access to animal holding facilities shall be kept secured when animals are present. Gate construction shall prevent escape of cervidae either by crawling under the gate or by jumping over the gate.

(4) Posts - four (4) inch minimum diameter, wood or equivalent, spaced no more than fifty (50) feet apart (60 foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least six (6) feet above ground level. Corners shall be braced wood or equivalent material.

(5) Perimeter fences constructed prior to enactment of these rules have until October 1, 1999 to come into compliance.

(c) Inspection: The commissioner may inspect the perimeter fence to ensure compliance with these rules.

(d) Responsibility: The owner is responsible to ensure that their cervidae remain within the escape-proof enclosure.

(e) Time requirements for capture of cervidae that escape from the enclosure:

(1) The owner must notify the commissioner within 72 hours of learning that the cervidae have escaped.

(2) The owner has seven days (168 hours) after discovery that cervidae have escaped from the enclosure to return the cervidae to the enclosure and repair the damage to the perimeter fence.

(3) For good cause shown, the commissioner may grant additional time for recapture when a written request for extension of time is submitted.

(f) Entrapment of native wildlife: All native wildlife which become entrapped within a perimeter fence containing domestic cervidae must be separated from the domestic cervidae promptly following discovery. The owner of the cervid herd must notify the Department of Fish and Wildlife within 72 hours of discovery of the entrapment.

(g) Penalties:

Any owner that allows cervidae to remain outside the enclosure longer than permitted by the commissioner shall be deemed in violation of these rules.

Section 4 Testing Facilities for Disease Control

It is the owners responsibility to present the cervidae for testing for control of contagious livestock disease upon request by the Commissioner, pursuant to 6 VSA Chapter 102. All owners must construct or maintain suitable facilities for restraining and testing cervidae. Failure to provide suitable facilities for restraint and testing of cervidae shall be deemed a violation of these rules.

Section 5 Transportation of Cervidae

(a) General: 13 VSA Chapter 8, Subchapter 7, Transportation of Animals and rules promulgated thereunder apply to the transportation of cervidae.

(b) Cervidae with antlers not in the velvet must be dehomed or:

(1) shall be separated from antlerless deer, or

(2) shall be so confined as to prevent injury to each other from the antlers.

Section 6 Penalties

Any person who violates a provision of these rules is subject to Administrative Penalties, 6 V.S.A., Section 15, 16 & 17 and Civil Penalties, 6 V.S.A. Section 1164.

History

• Effective Date: December 5, 1997 (Secretary of State Rule Log #97-58)

Chapter 022 EMERGENCY LIVESTOCK FEED PROGRAM RULES

20-022 Code Vt. R. 20-022-022-X EMERGENCY LIVESTOCK FEED PROGRAM RULES

Section 1 GENERAL

1.1 Purpose The emergency livestock feed program is intended to provide funds to pay for purchases of feed to maintain herds in a county declared or certified to have suffered a natural disaster. The farmer must demonstrate at least a 20% total loss on all farming operations compared to historical farm average crop production.

1.2 Authority 6 V.S.A. Section 19 and Section 1(10).

Section 2 DEFINITIONS

2.1 Animal Unit means 1,000 pounds of live body weight of livestock. Animal units are calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of replacement dairy cattle multiplied by 0.6, plus the number of goats multiplied by 0.1, plus the number of sheep multiplied by 0.1 for any individual farm operation.

2.2 Commissioner means the Commissioner of Agriculture, Food and Markets.

2.3 Department means the Department of Agriculture, Food and Markets.

2.4 FSA means the "Farm Service Agency" of the U.S. Department of Agriculture.

2.5 Livestock for purposes of this regulation means cattle, sheep and goats.

2.6 Natural Disaster means excessive precipitation or drought conditions as determined by a Presidential Declaration of Disaster or a Certification by a Qualified Agency that a county wide loss of at least 25% of feed grain crops or forages has been experienced.

2.7 Qualified Agency means an agency of the state or federal government, or the University of Vermont Extension with experience and knowledge in assessing feed grain crop and forage yields.

Section 3 EMERGENCY LIVESTOCK FEED PROGRAM

3.1 Emergency livestock feed payment rates will be calculated based on the availability of federal and state funds appropriated for that purpose. Payments will be distributed as grants to eligible applicants based upon an equalized formula to distribute all appropriated funds as determined by the number of eligible applicants, and the percentage of individual crop losses compared to the total amount of available funds appropriated.

3.2 Applicants shall submit producer information in an application that shall include as necessary in the format:

(a) a detailed livestock inventory

(b) a detailed feed inventory

(c) a description of relevant livestock sales and purchases

(d) a detailed description of feed purchases

(e) a detailed estimate of crop losses per field

(f) the number of farm locations

(g) a certification as to the accuracy of application

3.3 The total of all needs from all applicants as calculated from information in section 3.2 will be used to calculate the payment rate as set forth in section 3.1. No grant shall be made in excess of $ 30,000.

3.4 The Department shall develop an application form that shall be designed to respond to the individual circumstances of each natural disaster for which funds are made available.

3.5 The Department shall consult UVM Extension and local feed suppliers to establish average values for feed grain crops and forages.

3.6 Application forms shall include a date by which completed applications must be submitted to the Department.

Section 4 ENFORCEMENT

4.1 Any applicant who falsifies records to receive an award under this regulation may be issued an administrative penalty under 6 V.S.A. Section 15 and be required to repay the grant amount in full. In order to collect this penalty, the Commissioner may seek remedies under all the powers granted pursuant to 6 V.S.A.

Section 5 APPEALS

5.1 Any applicant seeking emergency livestock feed assistance who is aggrieved by a final decision may appeal to the Commissioner solely on the facts used to determine the grant amount. The amount of any individual grant is not appealable.

History

• Effective Date: March 28, 2000 (Secretary of State Rule Log #00-17)
• Statutory Authority: 6 V.S.A. §§ 1(10) and 19

Chapter 023 RULES GOVERNING CAPTIVE CERVIDAE

20-023 Code Vt. R. 20-022-023-X RULES GOVERNING CAPTIVE CERVIDAE

Section I SOURCES OF INFORMATION AND ASSISTANCE

Information and assistance in understanding these rules may be obtained by writing the Office of the State Veterinarian, Agency of Agriculture, Food, and Markets, 116 State Street, Drawer 20, Montpelier, VT 05620-2901; by telephoning the office at 802-828-2421, Monday through Friday, 7:45 am to 4:30 pm.; by fax: 802-828-5983; or by email (animal.health@agr.state.vt.us).

Section II DEFINITIONS

1. "Agency" means the Vermont Agency of Agriculture, Food, and Markets.

2. "Antlers in velvet" means antlers in the growing stage that are covered with viable skin and are sensitive to touch.

3. "Captive" means cervids that are privately or publicly maintained or held for economic or other purposes within a perimeter fence or confined space.

4. "Cervid", "Cervidae" and "deer" means any member of the cervidae family, excluding white-tailed deer and moose (6 VSA, Chapter 102, § 1151 ).

5. "Chronic wasting disease" ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.

"Clinical CWD suspect cervids" means an animal that is displaying clinical signs consistent with chronic wasting disease (i.e., neurological signs and emaciation).

7. "Commingling" means cervids that have direct contact with each other or have less than thirty (30) feet of physical separation or that share management equipment and/or pasture. Cervids are considered to have commingled if they have had such contact within the last five years.

8. "CWD certified herd" means a herd that has successfully completed five years of participation in the CWD Certified Herd Program.

9. "CWD Certified Herd Program" means a program of surveillance, monitoring, testing and related actions designed to provide a chronic wasting disease status to captive susceptible cervid herds.

10. "CWD exposed cervid" means a cervid that is, or has been part of a CWD positive herd within five years.

11. "CWD exposed herd" means a herd in which a CWD positive or exposed cervid has resided within five years prior to the diagnosis of CWD in said cervid.

12. "CWD herd plan" means a written herd management agreement developed by the herd owner, State veterinarians, and others, and that has been approved by the respective Federal, State, and Tribal officials. A herd plan sets out the steps to be taken to eradicate CWD in a CWD positive, exposed, or suspect herd.

13. "CWD herd status" means the level of participation achieved in the CWD Certified Herd Program. The herd status reflects the number of years of successful participation in the CWD Certified Herd Program without evidence of the disease or reflects specific evidence with the disease (such as CWD positive, exposed or suspect herd).

14. "CWD infected zone" means a defined geographic area, irrespective of state boundaries, in which CWD is present, whether in wild or captive cervids. These zones will be established by State and USDA/APHIS officials, using established scientific and epidemiologic evidence.

15. "CWD monitored herd" means a program of surveillance, monitoring, testing and related actions designed to identify CWD infection in special purpose CWD susceptible cervid herds.

16. "CWD negative cervid" means a cervid that has had an official CWD test conducted by a laboratory certified by USDA/APHIS that resulted in a "not detected" or negative classification.

17. "CWD positive cervid" means a cervid that has had a diagnosis of CWD confirmed by means of an official CWD test conducted by a laboratory certified by USDA/APHIS.

18. "CWD positive herd" means a herd in which a CWD positive cervid resided at the time it was diagnosed and which has not been depopulated or released from quarantine.

19. "CWD premises plan" means the section of a herd plan which outlines the actions to be taken with regard to possible environmental contamination of the premise due to a CWD positive or exposed herd.

20. "CWD susceptible cervid" means any captive cervid of the family Cervidae, or any other family or genera when published, scientific evidence shows susceptibility. Fallow deer (Cervus dama) are excluded until susceptibility evidence is discovered.

21. "CWD suspect cervid" means a cervid for which inconclusive laboratory evidence suggests a diagnosis of CWD.

22. "CWD suspect herd" means a herd in which one or more CWD suspect cervids are present.

23. "Enrollment date" means the day, month and year in which the State officially enrolls an owner's herd in the CWD certification program.

24. "Escape-proof" means so constructed that the cervidae will remain confined under all circumstances, except when natural catastrophe or other incidents occur over which the owner or the owner's agent has no control.

25. "Herd" means one or more cervids that are under common ownership or supervision and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.

"Herd inventory" means an official list of all of the cervids belonging to a herd, including verification of the official or approved cervid identifications.

27. "NAIS" means national animal identification system. This is a national program outlining standard operating procedures in animal identification.

28. "Official identification" means a form of identification approved by the Agency.

29. "Official test" means a diagnostic CWD test approved by USDA/APHIS.

30. "Owner" means an individual, partnership, company, corporation or other legal entity that has legal title to an animal or herd of animals.

31. "Premises" means the ground, area, buildings, water sources and equipment commonly shared by a herd of animals.

"Prohibited feed" means the feeding of ruminant protein to ruminants as regulated by the Food and Drug Administration (FDA) in 21 CFR, Part 589. Deer are ruminants.

33. "Quarantine" means an order issued by a State or Federal official prohibiting the movement of animals to and from a designated premise.

34. "RFID" means radio frequency identification as approved by the Agency in accordance with technology standards set forth in NAIS.

35. "Special purpose herd" means a captive herd managed and maintained in such a manner that no live cervid is removed, or allowed to be removed, from the designated premises.

36. "State animal health official" means the official of a state or country responsible for livestock and poultry disease control and eradication programs.

37. "Status date" means the day, month and year on which the respective State official approves a change in the status of a herd in regard to CWD.

38. "Suitable facilities" means facilities specially built to confine cervidae and to enable disease testing procedures to be performed on cervidae in a safe and humane manner.

39. "Test eligible cervid" means a CWD susceptible cervid that is greater than 16 months of age. As knowledge gaps are bridged with CWD scientific discovery, the age requirement for testing may change.

40. "USDA/APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.

Section III GENERAL INFORMATION

1. Applicability. The requirements of this Part apply to all captive cervid operations.

2. Mandatory reporting. Any person having knowledge of a suspected or confirmed case of reportable contagious disease in captive cervids shall report the event to the Agency immediately.

Movement of captive cervids. No person shall import, move, or hold captive cervids into or within Vermont except in compliance with the requirements of this part. A valid certificate of veterinary inspection shall accompany all cervids imported into Vermont, with the exception of those moving directly to slaughter. In addition, no person shall import or move captive cervids into the State, or within the State, for any purpose, including slaughter and transit through Vermont, unless a permit authorizing such movement has been obtained from the Agency prior to such movement. An application for a permit may be obtained by calling the Agency during normal business hours. A permit shall identify the source and destination of the shipment, the number of animals involved, and the official individual identification of each cervid in the shipment, and shall accompany the cervids imported or moved into or within the State. Except for cervids moving directly to slaughter, permits shall be issued only for captive cervids that meet the Vermont animal importation health requirements for captive cervids (Rule 98-74).

Nothing in these rules shall restrict the respective authority of the Secretary of Agriculture, Food and Markets or the Commissioner of Fish and Wildlife to prohibit the importation of cervids into Vermont under 6 VSA § 1152(c) and § 1461(a), or 10 VSA §§ 4132, 4709(a), 4714(a), respectively.

4. Enforcement. Violations of the provisions of this Part are subject to the enforcement actions authorized by the Agency (6 VSA, chapter 102, § 1163 and § 1164).

5. Fencing, Facility, and Transportation. All captive cervid operations shall have proper fencing and restraining facilities as defined in Section X of these rules. This includes chutes, gates and corrals to capture and restrain cervids for diagnostic testing and inventory purposes, where appropriate. Capture and restraint of captive cervids shall be the responsibility of the owner. All captive cervid operations and all cervid slaughter facilities shall provide appropriate refrigeration and storage facilities to contain and preserve CWD samples obtained from harvested, slaughtered, and/or dead cervids for at least seventy-two hours following notification of death, as required by the CWD monitored herd program. Captive cervid operations established prior to the effective date of this Part are required to meet the facility standards of Section X by 1 January 2006.

Premises inspection. All captive cervid perimeter fencing and facilities shall be inspected and approved by an Agency representative. The initial inspection shall be conducted prior to the addition of any cervids. Cervids may not be added to the premises prior to inspection and approval. Captive cervid herds established prior to the effective date of this Part are required to meet the fencing and facility standards of Section X by 1 January 2006. Fencing and facilities shall be subject to inspection by Agency officials thereafter.

Record keeping. Accurate records documenting purchases, sales, interstate shipments, intrastate shipments, escaped cervids and deaths (including harvested cervids) shall be established and maintained for at least 72 months (6 years) for all captive CWD cervid operations. Documentation shall be made available to Agency regulatory officials upon request. Information provided in the records shall include, but not limited to, where animal originated, travel (sale) history, individual animal identification, carcass and sample identification numbers, sex, species, and age. In addition, the owners of all CWD cervid herds shall establish and maintain accurate records that document the results of the annual herd inventory. These records shall be maintained for six years.

8. Feeding. The feeding of ruminant protein to cervids is strictly prohibited. All captive cervid operations are forbidden from feeding prohibited feed ingredients. The storage of prohibited feed in the same area as allowable feed is also prohibited. Feeding practices will be reviewed during the periodic fencing inspections, or as necessary.

9. Herd integrity. Separate herd inventories, biosecurity, records, working facilities, watering facilities, equipment, and land use shall be maintained for each distinct herd for which an individual CWD status is sought or between separate premises, irrespective of ownership. No commingling of animals shall occur between distinct herds with individual disease status unless program movement requirements for herd status are met. Movement of animals between such herds shall be recorded as if they were separately owned herds.

10. Sample collection and testing. Only individuals authorized by the Agency who have passed State or USDA approved sample collection training may collect and submit samples to support CWD program requirements. Testing shall be done in an approved laboratory by an official test.

11. Premises location. All captive cervid locations shall be identified by detailed location descriptions, including county, township, street address and directions from the nearest public road. Each premise will be allocated a unique registration number following NAIS standards.

Section IV SPECIAL PROVISIONS FOR CAPTIVE CERVIDS SUSCEPTIBLE TO CHRONIC WASTING DISEASE

Applicability. In addition to the general information in Section III, the requirements of this section apply to all captive cervid operations harboring any CWD susceptible captive cervid. Fallow deer (Cervus dama) are excluded until susceptibility evidence is discovered. A voluntary CWD surveillance program for non-susceptible cervid species may be developed by the Agency.

2. Importation. Except as provided herein, CWD susceptible cervids shall be approved for importation only if they are moved from a CWD certified herd and the state of origin has adopted mandatory reporting and quarantine requirements equivalent to those set forth in this Part. Importation of CWD susceptible cervids from a CWD infected zone is prohibited. Importation of CWD susceptible cervids into the State from any herd located within a CWD infected zone is prohibited.

3. Prohibition. No person shall hold CWD susceptible cervids in captivity in Vermont unless they are enrolled in the CWD Certified Herd Program or enrolled in the CWD Monitored Herd Program. Application for enrollment of existing herds in the CWD Certified Herd Program and CWD Monitored Herd Program shall take place within thirty days of the effective date of this Part.

4. Carcass Retention - Inspected. All test eligible cervids, presented for Vermont's meat inspection brand, will be tested for CWD and shall not enter commercial food channels or be donated for charity or public consumption until a negative test has been returned.

5. Carcass Retention. Except as provided for in paragraph 4 above, the Secretary may, in consultation with the Commissioner of Health, require that no captive cervid owner shall allow any meat from any cervid slaughtered at any premise or establishment to enter any private or public human food channel until the owner has been notified by the agency that the agency has received a negative CWD test for the slaughtered cervid when the Secretary in his or her judgment determines that the public health and welfare so requires.

Section V CWD CERTIFIED HERD PROGRAM

1. Applicability. CWD herd status is required for all captive CWD susceptible cervid operations engaged in breeding and/or the sale or removal of live cervids from the premises for any purposes. CWD certified herd status shall be granted to captive CWD susceptible cervid herds that enroll and comply with all program standards and maintain that status for sixty months. A CWD herd status shall be granted to herds enrolled in the CWD herd certification program for less than sixty months, but which otherwise meet the requirements of a CWD certified free herd.

2. Establishment of a CWD herd status. CWD herd status shall be based on the date of official enrollment in the program. Herds properly enrolled and satisfactorily participating in the CWD Certified Herd Program shall receive a status designation based upon the number of months of successful participation. A herd with fewer than twelve months of satisfactory participation shall be designated a First Year Status Herd. If the herd continues to meet the requirements of the CWD Certified Herd Program, each year, upon review of the report of the annual herd inventory, and on or after the anniversary of the enrollment date, the herd status will be upgraded by one year; i.e., Second Year Status, Third Year Status, Fourth Year Status and Fifth Year Status. Herds currently participating in Vermont's voluntary CWD certification program will be grandfathered into this CWD certified program at their current status in the voluntary program, providing they meet the requirements of this Part.

3. CWD Certified Herd Program Requirements. Herds enrolled in the CWD Certified Herd Program shall meet the following requirements:

(a) Sampling and testing.

All deaths of test eligible cervids, regardless of cause shall be tested. As the scientific community fills current knowledge gaps associated with CWD, the age requirement for testing may change.

(i) CWD samples from all natural deaths of CWD test eligible cervids shall be submitted and tested.

(ii) CWD samples from all slaughter and/or harvested CWD test eligible cervids shall be submitted and tested.

Animals presented for slaughter will be subjected to the governing authority's rule and policy with regards to inspection. Test eligible cervids, presented for Vermont's mark of inspection, will be retained pending official test results. Carcasses from the same premises can be processed and stored separately or together while retained.

(iii) CWD samples from all clinical CWD suspect cervids shall be submitted and tested, regardless of species or age.

(b) Animal identification

As of the first annual inventory after the effective date of this Part, each herd member and herd addition shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include RFID, as set forth in NAIS.

(c) Annual physical herd inventory

A physical herd inventory shall be conducted between ninety days prior to and ninety days following the annual anniversary date established based upon the CWD Certified Herd Program enrollment date. All cervids shall either be present or accounted for on the annual inventory. Cervids that were killed or died during the course of the year shall be tested as provided in Section V (3) (a) of this Part.

A state official or designee shall validate the annual inventory. A report of the validated annual inventory containing all man-made identification of each animal will be promptly submitted to the Agency. Discrepancy at the annual inventory may result in a loss of status by at least one year.

The Agency will maintain in the National CWD Database or in a State database all of the premise information and individual animal information.

4. Additions to CWD Certified Herd Program Herds.

(a) Equivalent or higher CWD herd status additions

Vermont origin herd additions shall be permitted if the additions originate from a herd enrolled in and in good standing with a CWD Certified Herd Program and which has equal or greater CWD herd status.

Out of state additions shall be permitted only from CWD certified herds. The CWD Certified Herd Program for herds existing outside Vermont must be equal or equivalent to the Vermont CWD Certified Herd Program. However, the movement of CWD susceptible cervids is prohibited from any herd located within a CWD infected zone.

No change in CWD herd status will result from qualified additions.

(b) Herd additions originating from lower CWD status herds

Herd additions originating from non-status CWD herds are not permitted.

Additions originating from lower CWD status herds will result in the importing herd's reduction in CWD status to the same level as the addition.

Section VI CWD MONITORED HERD

Captive cervid herds consisting of one or more CWD susceptible cervid shall participate in the CWD Monitored Herd Program if they are not participating in the CWD Certified Herd Program and are considered special purpose herds. No live cervid sales or movements may be made from CWD Monitored Herds. Live cervids may not be removed from the premises of a CWD Monitored Herd, unless under special permit from the secretary of agriculture.

1. CWD Monitored Herd requirements. Herds enrolled in the CWD Monitored Herd Program shall meet the following requirements.

(a) Sampling and testing

(i) Submit for testing all discovered natural deaths of CWD test eligible cervids;

(ii) Submit for testing all clinical CWD suspect cervids; and

(iii) Submit for testing all test eligible cervids slaughtered on farm.

(b) Additions to CWD Monitored Herds

(i) Movement of CWD susceptible cervids is prohibited from any herd located within a CWD infected zone.

(ii) Vermont Source Additions. During the first year following the effective date of this Part, additions to CWD Monitored Herds may be made only if such additions originate from Vermont herds that have achieved CWD First Year Status Herd or higher status. During the second and third years following the effective date of this Part, additions to CWD Monitored Herds may be made only if such additions originate from Vermont herds that have achieved CWD Second Year Status Herd or higher status. During the fourth and fifth years following the effective date of this Part, additions to CWD Monitored Herds may be made only if such additions originate from Vermont herds that have achieved CWD Fourth Year Status Herd or higher status. During the sixth and subsequent years following the effective date of this Part, additions to CWD Monitored Herds will be permitted if they originate from herds that have achieved CWD Certified Herd status.

(iii) Imported Source Additions. Imported herd additions to Vermont CWD Monitored Herds may enter Vermont only if the source herd is a CWD certified herd, and the State's CWD program is equivalent to Vermont's.

All imports must meet requirements set forth in Section III of these rules.

(c) Animal Identification

(i) As of the first annual inventory after the effective date of this Part, each herd member and herd addition shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include RFID, as set forth in NAIS.

For those cervid operations engaged in hunting, as defined in 10 VSA, exception to the visible identification may be made after the secretary of agriculture approves a written identification plan generated by the owner. This plan will include methods of identification that can satisfy the requirements set forth in 6 VSA, Chapter 102, § 1153. Without this approved plan filed with the Agency, these operations will be subject to the requirements of this part.

(ii) Carcass and sample identification tags, provided by the State of Vermont, shall be affixed to all unidentified harvested captive cervids, natural deaths, and clinical suspects. Tag numbers shall be entered into the CWD Monitored Herd record along with the corresponding information that identifies the disposition of the carcass.

Section VII APPROVED CWD SUSCEPTIBLE CERVID SLAUGHTER FACILITY

An approved CWD susceptible cervid slaughter facility shall comply with the following requirements. Any facility under the state or federal meat inspection program approved for exotic meat inspection is an approved slaughter facility.

1. Holding pens shall be constructed to prevent contact with captive or free-ranging cervid populations;

2. Sample retention and holding facilities shall be adequate to preserve and store appropriate diagnostic tissues for seventy-two hours post slaughter;

3. A CWD susceptible cervid offal disposal plan must be developed, approved by the Agency and implemented; and

4. The facility must be inspected and approved annually by the Agency.

Section VIII IMPORTATION OF CAPTIVE CWD SUSCEPTIBLE CERVIDS FOR IMMEDIATE SLAUGHTER

Captive CWD susceptible cervids originating from source herds in states with no known cases of CWD in the previous sixty months may be moved directly to slaughter at an approved CWD susceptible cervid slaughter facility within Vermont under the following conditions:

1. A permit authorizing movement has been obtained from the Agency prior to movement;

2. Movement is directly to an approved CWD susceptible cervid slaughter facility. The shipment, or any part thereof, may not be diverted to any other location than that designated as the destination on the movement permit;

3. Samples shall be obtained from ten percent or thirty; whichever is less, of each distinct lot, of CWD test eligible cervids;

4. Sampled carcasses will be handled according to meat inspection rule and policy;

5. Waste from all CWD susceptible cervids imported under this provision shall be disposed of in a manner consistent with the approved disposal plan; and

6. Cervids shall be slaughtered within six days of the date of movement as provided in the movement permit.

Section IX MANAGEMENT OF CWD POSITIVE, EXPOSED, OR SUSPECT HERDS

1. Premises quarantine. If a CWD positive, exposed, or suspect cervid is identified in a herd, the herd shall be subject to immediate quarantine by an Agency official. Epidemiologic investigations shall be initiated to determine possible sources and potential contacts. All contact premises shall be evaluated for CWD status. All herds epidemiologically linked to the positive herd shall be subject to quarantine and management as CWD exposed herds.

Establishment of a CWD herd and premises plan. CWD herd and premises plans shall be developed for any CWD positive, exposed or suspect herd. Such plans shall be developed by Agency officials, in conjunction with the herd owner, and shall be subject to final approval by the Agency. Such plans shall contain the following procedures for positive or trace herds, which shall be implemented within sixty days of CWD diagnosis.

(a) CWD positive herd

Captive cervid herds in which one or more of the cervids are classified as CWD positive shall be subject to:

(i) Immediate depopulation of the whole herd; and

(ii) Development of a CWD premises plan addressing possible environmental contamination and other long term considerations. A CWD premises plan shall include provisions for:

(a) Cleaning and disinfection;

(b) Future land use restrictions;

(c) Restocking constraints and timeframes; and

(d) Fencing requirements to prevent contact with and entrapment of native cervidae.

(b) CWD exposed or suspect herds

The Agency shall conduct a risk analysis of all CWD exposed or suspect herds. High risk herds shall be subject to depopulation. Lower risk herds shall be subject to quarantine under the following conditions:

(i) Official herd quarantine. CWD exposed or suspect herds in which the risk is undeveloped or undefined shall remain under quarantine for sixty months. No off-premises sales or movement shall occur for the duration of the quarantine period. Discovery of any CWD infected cervid during the quarantine period shall result in conversion to CWD positive herd status.

(ii) Elimination of high-risk cervids within the herd. Herds that have received herd additions from source herds subsequently found to be CWD infected shall have their CWD herd certification status suspended. The suspect herd additions shall be euthanized and appropriate samples shall be submitted for CWD testing. If there is no evidence of CWD following official testing, the herd status shall be restored. If the cervid is CWD positive, the herd shall be classified as a CWD positive herd and managed in accordance with this Part.

(iii) Suspect or exposed herds may be depopulated by sending the cervids directly to slaughter, under permit from the Agency. All animals from these herds will be tested for CWD. Carcasses will be retained and may be released after a negative test is returned. If any animal becomes positive from this event, the herd and premises will be classified as positive.

3. Special fencing requirements. Perimeter fencing adequate to prevent fence line contact with captive and free-ranging cervids shall be established for all CWD positive, exposed, or suspect herds; and their respective premises. Fencing requirements and biosecurity provisions shall be specified in the herd and premises plan.

4. Testing. All cervids will be tested from depopulated CWD positive, exposed, or suspect herds.

5. Disposal. The carcasses of CWD positive cervids that are depopulated shall be disposed of in accordance with disposal plans approved by the Agency. Such plans shall be developed to prevent contamination of the environment and exposure of live cervids.

Section X FENCING, FACILITY AND TRANSPORTATION REQUIREMENTS

Applicability. All captive cervid operations shall have proper fencing and restraining facilities as defined in this Part. This includes chutes, gates, and corrals to capture and restrain the cervids for diagnostic testing and inventory purposes, where appropriate. Capture and restraint of captive cervids shall be the responsibility of the owner. All captive cervid operations and all cervid slaughter facilities shall provide appropriate refrigeration and storage facilities to contain and preserve CWD samples obtained from harvested, slaughtered, and/or dead cervids for at least seventy-two hours following notification of death, as required by the CWD monitored herd program. Captive cervid operations established prior to the effective date of this Part are required to meet the facility standards of Section IX by 1 January 2006.

Herds established prior to the effective date of these rules shall be deemed to be in compliance with this section of these rules if their current fencing has proven the ability to contain captive cervids and prevent inclusion of wild cervids. Any new fencing erected or repaired after the effective date of these rules on these existing establishments shall be in accordance to these rules.

Authority. This part is promulgated pursuant to 6 VSA, Chapter 102, § 1153(b).

3. Fencing Requirements:

(a) General: Cervidae must be contained within an escape-proof enclosure at all times except when used as work animals or for exhibition under conditions appropriate for the species involved.

(b) Specifications:

(1) Conventional or hi-tensile perimeter fences of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12-1/2" x 7"). The overall height is to be a minimum of 8 ft.

(2) Minimum wire gauges - 12 1/2 gauge - conventional fence, 14-1/2 gauge - woven hi-tensile.

(3) All perimeter gates providing access to animal holding facilities shall be kept secured when animals are present. Gate construction shall prevent escape of cervidae either by crawling under the gate or by jumping over the gate.

(4) Posts - four (4) inch minimum diameter, wood or equivalent (e.g., rust resistant steel), spaced no more than fifty (50) feet apart (60 foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least six (8) feet above ground level. Corners shall be braced wood or equivalent material.

(5) Perimeter fences constructed prior to enactment of these rules that have not proven effective in containing captive cervids or preventing the inclusion of wild cervids, have until January 1, 2006 to come into compliance.

(c) Inspection: The secretary of agriculture, or designee, shall inspect the perimeter fence to ensure compliance with these rules.

(d) Responsibility: The owner is responsible to ensure that their cervidae remain within the escape-proof enclosure.

(e) Time requirements for capture of cervidae that escape from the enclosure:

(1) The owner must notify the secretary within the next business day of learning that the cervidae have escaped.

(2) The owner has four days (96 hours) after discovery that cervidae have escaped from the enclosure to return the cervidae to the enclosure and repair the damage to the perimeter fence.

(3) For good cause shown, the secretary may grant additional time for recapture when a written request for extension of time is submitted.

(f) Entrapment of wild cervids: All wild cervids which become entrapped within a perimeter fence containing domestic cervidae must be separated from the domestic cervidae promptly following discovery, when separation is available. The owner of the cervid herd must notify the Department of Fish and Wildlife within the next business day of the entrapment. The Department of Fish and Wildlife may take whatever steps under their authority are deemed necessary to remove and dispose of any entrapped wild cervid.

(g) Penalties: Any owner that allows cervidae to remain outside the enclosure longer than permitted by the secretary shall be deemed in violation of these rules.

4. Testing Facilities for Disease Control: It is the owner's responsibility to present the cervidae for testing for control of contagious livestock disease upon request by the secretary, pursuant to 6 VSA, Chapter 102, § 1154(d). All owners must construct or maintain suitable facilities for restraining and testing cervidae. Failure to provide suitable facilities for restraint and testing of cervidae shall be deemed a violation of these rules.

5. Transportation of Cervidae:

(a) General: 13 VSA Chapter 8, subchapter 7, Transportation of Animals, apply to the transportation of cervidae.

(b) Cervidae with antlers not in velvet must be dehorned or:

(1) shall be separated from antlerless deer, or

(2) shall be so confined as to prevent injury to each other from the antlers.

6. Penalties. Any person who violates a provision of these rules is subject to Administrative Penalties, 6 V.S.A., § 15, 16 & 17 and Civil Penalties, 6 V.S.A. §

History

• EFFECTIVE DATE: August 2, 2005 (Secretary of State Rule Log # 05-26)
• Statutory Authority: 6 VSA § 1153(b) and (c)