Vermont § 4988 - Certification of custom applicator

§ 4988. Certification of custom applicator

• (a) On or before July 1, 2016, as part of the revision of the Required Agricultural Practices,
  the Secretary of Agriculture, Food and Markets shall adopt by rule a process by which
  a custom applicator shall be certified to operate within the State. The certification
  process shall require a custom applicator to complete eight hours of training over
  each five-year period regarding: (1) application methods or techniques to minimize the runoff of land-applied manure or
  agricultural waste to waters of the State; and (2) identification of weather or soil conditions that increase the risk of runoff of land-applied
  manure or agricultural waste to waters of the State. (b) A custom applicator shall not apply manure or agricultural waste unless certified
  by the Secretary of Agriculture, Food and Markets. (c) A custom applicator certified under this section shall train seasonal employees in
  methods or techniques to minimize runoff to surface waters and to identify weather
  or soil conditions that increase the risk of runoff. A custom applicator that trains
  a seasonal employee under this subsection shall be liable for damages done and liabilities
  incurred by a seasonal employee who improperly applies manure or agricultural waste. (d) The requirements of this section shall not apply to: (1) an owner or operator of a farm applying manure or agricultural waste to a field that
  he or she owns or controls; or (2) application of manure or agricultural waste by a farm owner or operator on a field
  of another farm owner or operator when the total annual volume applied is less than
  50 percent of the annual manure or agricultural waste by volume generated on the farm
  where the manure or agricultural waste is spread, provided that the Secretary may
  approve the application of more than 50 percent of the annual manure or agricultural
  waste generated on a farm by another farm operator when circumstances require and
  application of the manure or agricultural waste would not pose a significant potential
  of discharge or runoff to State waters. (e) The Secretary may require any person applying manure or agricultural waste under subdivision
  (d)(2) of this section to comply with the requirement for certification of a custom
  applicator. (Added 2015, No. 64, § 16; amended 2019, No. 129 (Adj. Sess.), § 15; 2021, No. 47, § 7.)