§ 2744a - Drugs - Vermont Statutes

§ 2744a. Drugs

(a) No producer shall sell milk which contains any drug or drugs in excess of tolerances established by the United States Food and Drug Administration in the Code of Federal Regulations.

(b) In the event that milk from a dairy farm contains a drug, no more milk produced by that producer shall be received by any milk dealer, or handler, for a period of up to two days. In the event of a second violation within a 12-month period, no more milk produced by that producer shall be received by any milk dealer, or handler, for a period of up to four days. In the event of a third violation within a 12-month period, the secretary shall, at a minimum, take the same action as required for a second violation and may prohibit the producer from selling milk in this state. No handler, or dealer, shall accept milk from a producer whose ability to sell milk is suspended or terminated.

(c) In lieu of suspending a producer's ability to sell milk, the secretary may issue an administrative penalty. The amount of the penalty shall not exceed the value of the milk which could have been prohibited from sale. A producer who fails to pay an administrative penalty, after opportunity for hearing, shall have his, or her, ability to sell milk suspended until the penalty is paid. In lieu of suspending a producer's ability to sell milk, the secretary may accept the assessment by the milk dealer or handler, against the producer, of damages beyond the milk dealer's, or handler's control which occurred as a result of purchasing the contaminated milk, as an equivalent penalty.

(d) Before issuing an order or administrative penalty under this section, the secretary shall provide the producer and the handler, or dealer, an opportunity for hearing. Notwithstanding this requirement, the secretary may at any time issue an emergency order prohibiting a producer from selling, and a handler from accepting, any milk until the milk tests negative for drugs. (Added 1991, No. 232 (Adj. Sess.), § 2; amended 1997, No. 88 (Adj. Sess.), § 2; 2003, No. 42, § 2, eff. May 27, 2003.)