§ 648 - Inspections - Vermont Statutes

§ 648. Inspections

(a) Inspection fees shall be paid to the secretary by a manufacturer or processor which distributes seed in the state. Fees shall be established as follows:

(1) thirty-five cents per hundredweight for any seed sold in containers of more than ten pounds;

(2) a flat fee of $75.00 per company for any seed sold.

(b) The following shall be exempt from the inspection fee requirements:

(1) seed not intended for sowing purposes;

(2) seed in storage in, or consigned to a seed cleaning or processing establishment for cleaning or processing; and

(3) seed grown, sold and delivered by a producer on his or her own premises for seeding purposes to the ultimate consumer, providing such seed has neither been advertised for sale nor been delivered via commercial carrier, and providing the seed contains no prohibited noxious weed seeds or not more than one restricted noxious weed seed per 2,000 of the seeds being sold.

(c) For those seeds sold in containers of more than ten pounds, a report shall be filed annually on January 15 on forms supplied by the secretary regarding sales during the previous calendar year, and fees based on the 35 cent per hundredweight rate shall accompany the report. Reporting periods are January 1-June 30 and July 1-December 31.

(d) For those seeds sold in containers of ten pounds or less, the fee of $75.00 per company shall be paid annually prior to distribution in the state. Fees shall be paid annually on January 1.

(e) All fees shall be deposited in the special fund created by section 364(e) of this title and used in accordance with its provisions.

(f) The secretary may waive seed inspection fees under this chapter, based on the number of seed varieties sold, and for the sale of heirloom seed varieties.

(g) For seeds sold in Vermont which contain genetically engineered material, the manufacturer or processor distributing such seed in Vermont shall report annually on January 15 to the secretary on forms supplied by the secretary regarding sales during the previous calendar year. (Added 1989, No. 85, § 2; amended 1993, No. 13, § 3; 1999, No. 49, § 113; 2001, No. 143 (Adj. Sess.), § 36b, eff. June 21, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 97 (Adj. Sess.), § 4, eff. Oct. 1, 2004.)