Vermont § 2744 - Enforcement

§ 2744. Enforcement

• (a) Enforcement of dairy sanitation rules in milk plants. In the event that inspection of a milk plant discloses conditions not meeting the
  standards established in this part or the rules adopted under this part, the handler
  shall be directed how to secure compliance with the terms of this part and the rules
  adopted under this part. The Secretary shall allow a reasonable time to correct the
  unsatisfactory conditions. At the expiration of the time granted for correction, another
  inspection shall be made. If conditions are then found in violation of this part or
  the rules adopted under this part, the Secretary shall require the appearance of the
  handler before the Secretary to show cause why the handler’s license should not be
  suspended or terminated. In this event, the handler shall give the Secretary a list
  of producers supplying the handler milk, and the Secretary shall give notice to producers
  of the pending suspension. (b) Enforcement of dairy sanitation rules on dairy farms. In the event that inspection of a dairy farm discloses conditions not meeting the
  standards established in this part or the rules adopted under this part, the producer
  and the handler concerned shall be notified in writing clearly stating the unsatisfactory
  conditions. The producer shall be advised as how to secure compliance with the terms
  of this part and the rules adopted under this part. The Secretary shall allow the
  producer a reasonable time to correct the unsatisfactory conditions. At the expiration
  of this time granted for correction or as soon as feasible thereafter, another inspection
  shall be made. If conditions are then found in violation of this part or the rules
  adopted under this part, the Secretary shall require the producer to appear before
  the Secretary to show cause why the producer’s right to sell milk should not be suspended
  or terminated. If the producer’s right to sell milk is suspended or terminated, the
  Secretary shall then notify the appropriate handler to stop handling the milk from
  this producer. No other handler processing or packing fluid dairy products shall handle
  milk from this producer. In the event that a producer corrects the unsatisfactory
  conditions to the satisfaction of the Secretary as determined by inspection, the Secretary
  shall immediately notify the appropriate handlers. (c) Prohibition on sales or transfers. In the event that any inspection or test of a milk plant or dairy farm discloses conditions
  that are of immediate and serious danger to public health, the handler or the producer
  may be at once forbidden to sell or transfer dairy products for human consumption
  until a subsequent inspection or test indicates that the danger to public health no
  longer exists. (d) Right of entry. The Secretary or his or her agent may for the purpose of inspection enter at all reasonable
  times the premises, except the residence, of all milk handlers and producers and examine
  all pertinent records and personnel and may use reasonable means of determining the
  sanitary condition of the entire milk producing and handling process. Refusal to permit
  inspection shall be grounds for revoking a license or the ability to ship milk pursuant
  to 3 V.S.A. chapter 25. (Added 1965, No. 175, § 7; amended 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011; 2021, No. 105 (Adj. Sess.), § 115, eff. July 1, 2022.)