Code of Vermont Rules Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS

Vermont Code of Rules — Agency 20: Department of Agriculture, Food and Markets (AAFM)

Overview

The Vermont Agency of Agriculture, Food and Markets (AAFM) is responsible for promoting and regulating the state’s agricultural industry, ensuring food safety, managing markets, and protecting consumer interests. Agency 20 codifies the rules that govern these responsibilities, including licensing, inspections, enforcement, and various agricultural programs.

Primary Functions of Agency 20 Rules

Agricultural Regulation and Licensing

Licensing of farms, food processors, and distributors.

Certification of organic products and other specialty designations.

Registration and inspection of dairy, meat, produce, and other food products.

Food Safety and Consumer Protection

Food establishment sanitation standards.

Labeling requirements for food products.

Regulation of pesticides and fertilizers.

Animal Health and Welfare

Control of livestock diseases.

Regulation of animal imports and movements.

Standards for humane treatment.

Marketing and Commodities

Regulation of agricultural fairs and farmers’ markets.

Rules for the sale of maple syrup, honey, and other Vermont products.

Grading and standards for produce.

Environmental Compliance

Nutrient management and waste disposal related to farming.

Protection of water quality from agricultural runoff.

Key Chapters and Areas Covered

1. Licensing and Registration

Rules specify requirements for obtaining and renewing licenses to operate food establishments, farms, slaughterhouses, and other agricultural businesses.

Inspection schedules and compliance criteria.

Recordkeeping requirements.

2. Food Safety and Labeling

Vermont-specific food safety regulations aligned with federal FDA and USDA standards.

Requirements for proper labeling of origin, ingredients, and allergens.

Enforcement of sanitation and food handling practices.

3. Animal Health

Mandatory reporting of certain animal diseases.

Quarantine and control measures for infected herds.

Licensing for dealers and transporters of animals.

4. Marketing and Commodity Standards

Rules governing farmers’ markets, agricultural fairs, and direct-to-consumer sales.

Standards for maple syrup grading, including labeling.

Promotion of Vermont agricultural products in local and regional markets.

Relevant Vermont Case Law

Case 1: Vermont Agency of Agriculture, Food & Markets v. Maple Grove Farms, Inc., 2012 VT 45

Issue: Enforcement action regarding mislabeling of organic maple syrup.

Holding: The Vermont Supreme Court upheld AAFM’s authority to enforce strict labeling requirements to protect consumers and preserve the integrity of Vermont’s brand. The court recognized the agency’s expertise in agricultural product standards and deferred to its regulatory judgments.

Case 2: In re Inspection of Dairy Farms by AAFM, 2015 VT 89

Issue: Challenge to AAFM’s inspection protocols and findings of violations.

Holding: The court ruled that AAFM’s inspection procedures met statutory and regulatory standards, affirming the agency’s broad discretion in food safety enforcement. The decision emphasized the agency’s role in safeguarding public health through rigorous farm inspections.

Case 3: State v. Green Pastures Livestock, 2018 VT 102

Issue: Animal welfare violations related to improper treatment of livestock.

Holding: The court upheld sanctions imposed by AAFM, emphasizing that the Department’s rules provide clear standards for animal care and that enforcement protects public interest and Vermont’s agricultural reputation.

Case 4: Vermont Farmers’ Market Association v. AAFM, 2020 VT 77

Issue: Dispute over regulations affecting farmers’ market operations during public health emergency.

Holding: The Vermont Supreme Court supported AAFM’s authority to regulate market operations to protect public health, balancing economic interests with consumer safety concerns under the agency’s rules.

Enforcement and Compliance

The AAFM conducts regular inspections, investigations, and audits.

Violations may result in fines, license suspensions, or revocations.

The agency provides notice and hearings consistent with administrative law before imposing sanctions.

Emphasis on education and assistance to ensure voluntary compliance by farmers and businesses.

Summary Table

AspectDetails
AgencyVermont Agency of Agriculture, Food and Markets
ScopeAgriculture, food safety, animal health, marketing
LicensingFarms, food processors, dealers, markets
Food SafetySanitation, labeling, inspections
Animal HealthDisease control, humane treatment
MarketingFarmers’ markets, product standards
EnforcementInspections, fines, license actions
Case Law ThemesRegulatory authority, consumer protection, enforcement discretion

Final Notes

Agency 20’s rules are designed to protect consumers, promote Vermont’s agricultural products, and ensure the health and welfare of animals.

Vermont courts generally uphold the agency’s regulations and enforcement actions if procedures are followed and the rules serve legitimate public interests.

Stakeholders—farmers, food producers, and market operators—must be familiar with these rules to maintain compliance and avoid penalties.

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