Vermont § 857 - Enforcement; administrative orders

§ 857. Enforcement; administrative orders

• (a) Notwithstanding the requirements of section 856 of this title, the Secretary at any time may pursue one or more of the following: (1) issue a cease and desist order to a person the Secretary believes to be in violation
  of the rules listed in section 852 of this title; (2) issue a verbal order or written administrative order to protect public health, including
  orders for the stop sale, recall, embargo, destruction, quarantine, and release of
  produce, when: (A) the U.S. Food and Drug Administration requires immediate State action; or (B) an alleged violation, activity, or farm practice presents an immediate threat to the
  public health or welfare; (3) order mandatory corrective actions; (4) take any action authorized under chapter 1 of this title; or (5) seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title. (b) When the Secretary of Agriculture, Food and Markets issues a cease and desist order,
  written administrative order, or required corrective action under subsection (a) of
  this section, the Secretary shall provide the person subject to the order or corrective
  action with a statement that the order or corrective action is effective upon receipt
  and the person has 15 days from the date the order or corrective action was issued
  to request a hearing. (c) If the Secretary of Agriculture, Food and Markets issues a verbal order under this
  section, the Secretary shall issue written notice to the person subject to the order
  within five days of the issuance of the verbal order. The written notice shall include
  a statement that the person has 15 days from the date the written notice was received
  to request a hearing. (d) If a person who receives a cease and desist order, a verbal order, an administrative
  order, or a mandatory corrective action under this section does not request in writing
  a hearing within 15 days of receipt of the order or within 15 days of written notice
  for a verbal order, the person’s right to a hearing is waived. Upon receipt of a written
  request for a hearing, the Secretary promptly shall set a date and time for a hearing.
  A request for a hearing on a cease and desist order, verbal order, or administrative
  order issued under this section shall not stay the order. (e) A person aggrieved by a final action or decision of the Secretary under this section
  may appeal de novo to the Civil Division of the Superior Court within 30 days of the
  final decision of the Secretary. (Added 2017, No. 180 (Adj. Sess.), § 4, eff. May 28, 2018; amended 2017, No. 194 (Adj. Sess.), § 20, eff. May 30, 2018; 2019, No. 14, § 7, eff. April 30, 2019; 2023, No. 6, § 47, eff. July 1, 2023.)