§ 251 - Definitions - Vermont Statutes

§ 251. Definitions

For the purposes of this chapter:

(1) "Agricultural commodity" means any agricultural commodity, including: apples, horticultural crops, fruits and vegetables, poultry, maple syrup, Christmas trees, livestock and honey either in their natural state or as processed by the producer. The term does not include milk, timber or timber products other than Christmas trees.

(2) "Producer" means any individual, partnership, corporation or other business entity engaged within this state in the business of producing an agricultural commodity or causing an agricultural commodity to be produced for any market. The term shall only apply to persons who are not exempt under a marketing rule which gives special consideration to exemptions for small producers.

(3) "Handler" means any person engaged in the operation of packing, grading, selling, offering for sale or marketing any marketable agricultural commodities, who as owner, agent or otherwise ships or causes an agricultural commodity to be shipped.

(4) "Processor" means any person engaged within this state in processing, or in the operation of receiving, grading, packing, canning, freezing, dehydrating, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other way preserving or changing the form of agricultural commodities for the purpose of marketing this commodity but shall not include a person engaged in manufacturing a different product from an agricultural commodity.

(5) "Distributor" means any person engaged within this state, in selling, offering for sale, marketing or distributing agricultural commodities which he or she has purchased or acquired from a producer or other person or which he or she is marketing on behalf of a producer or other person, whether as owner, agent, employee, broker or otherwise, but shall not include a retailer, except a retailer who purchases or acquires from, or handles on behalf of any producer or other person, an agricultural commodity subject to regulation by the marketing agreement or order covering the commodity.

(6) "Secretary" means the secretary of agriculture, food and markets or his or her designee.

(7) "Marketing rule" means a rule issued by the board or commission pursuant to this chapter, prescribing rules governing the marketing for processing, the distribution, the sale of, or the handling in any manner of any agricultural commodity sold in this state during any specified period.

(8) "Wholesale" means the act of selling to retail vendors, commission merchants, producers, wholesalers, handlers, processors, distributors, institutional users, or commercial users mainly for resale or business use.

(9) "Board" means the Vermont apple marketing board established by section 252 of this title.

(10) "Bushel" means 40 lbs.

(11) "Commodity marketing board" or "marketing board" means any agricultural commodity marketing board established under section 253a of this title. (Added 1983, No. 250 (Adj. Sess.); amended 1985, No. 41, § 1, eff. May 11, 1985; 1993, No. 73, § 1, eff. June 10, 1993; 2003, No. 42, § 2, eff. May 27, 2003.)