| 1 | 1 | | BILL AS INTRODUCED H.4 |
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| 2 | 2 | | 2025 Page 1 of 11 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #378695 v.1 |
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| 6 | 6 | | H.4 1 |
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| 7 | 7 | | Introduced by Representatives Rachelson of Burlington and Cole of Hartford 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Agriculture; eggs; animal safety 5 |
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| 11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to prohibit a 6 |
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| 12 | 12 | | person from confining an egg-laying hen in a space that prevents the hen from 7 |
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| 13 | 13 | | fully spreading both wings without touching the side of an enclosure or other 8 |
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| 14 | 14 | | egg-laying hens. In addition, the bill would require egg-laying hens to have 9 |
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| 15 | 15 | | access to the amount of usable floor space per hen that complies with the 10 |
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| 16 | 16 | | Guidelines for Cage-Free Egg Production in the “2017 Edition of the United 11 |
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| 17 | 17 | | Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks.” 12 |
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| 18 | 18 | | An act relating to standards for the care of egg-laying hens 13 |
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| 19 | 19 | | It is hereby enacted by the General Assembly of the State of Vermont: 14 |
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| 20 | 20 | | Sec. 1. 6 V.S.A. chapter 27 is amended to read: 15 |
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| 21 | 21 | | CHAPTER 27. EGGS 16 |
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| 22 | 22 | | § 351. DEFINITIONS; FRESH EGGS 17 |
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| 23 | 23 | | (a) For the purposes of this chapter, the following definitions shall be in 18 |
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| 24 | 24 | | effect As used in this chapter: 19 BILL AS INTRODUCED H.4 |
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| 25 | 25 | | 2025 Page 2 of 11 |
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| 27 | 27 | | |
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| 28 | 28 | | VT LEG #378695 v.1 |
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| 29 | 29 | | (1) “Candling” means that process by that the apparent condition of the 1 |
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| 30 | 30 | | egg is determined by holding and twirling the egg before a bright light. Any 2 |
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| 31 | 31 | | type or make of candling light may be used that enables the grader to make 3 |
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| 32 | 32 | | consistently accurate determination of the quality of shell eggs. 4 |
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| 33 | 33 | | (2) “Egg-laying hen” means any female poultry kept for the purpose of 5 |
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| 34 | 34 | | egg production. 6 |
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| 35 | 35 | | (3) “Individual shell eggs” means those eggs that are a product of the 7 |
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| 36 | 36 | | domesticated chicken hen and that are in the shell. 8 |
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| 37 | 37 | | (3)(4) “Person” means any individual, firm, partnership, company, or 9 |
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| 38 | 38 | | corporation. 10 |
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| 39 | 39 | | (5) “Poultry” means all domesticated birds of all ages that produce eggs 11 |
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| 40 | 40 | | that are edible as human food. 12 |
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| 41 | 41 | | (4)(6) “Shell protected eggs” means eggs that have a protective covering 13 |
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| 42 | 42 | | applied to the surface of the egg. Any product used to provide the protective 14 |
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| 43 | 43 | | covering shall conform to the regulations of the U.S. Food and Drug 15 |
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| 44 | 44 | | Administration. 16 |
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| 45 | 45 | | (b) An egg shall be deemed to be “fresh” that meets the requirements of the 17 |
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| 46 | 46 | | United States or Vermont grade A as determined by the U.S. Department of 18 |
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| 47 | 47 | | Agriculture or the Secretary of Agriculture, Food and Markets pursuant to the 19 |
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| 48 | 48 | | provisions of chapter 21 of this title. The final determination as to eggs 20 |
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| 49 | 49 | | meeting these requirements shall be made by candling. 21 BILL AS INTRODUCED H.4 |
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| 50 | 50 | | 2025 Page 3 of 11 |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | VT LEG #378695 v.1 |
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| 54 | 54 | | § 351a. APPLICATION 1 |
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| 55 | 55 | | The provisions of this chapter shall apply to all shipments, containers, or 2 |
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| 56 | 56 | | displays in which eggs are packed, distributed, sold, held in storage, offered, or 3 |
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| 57 | 57 | | exposed for sale. 4 |
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| 58 | 58 | | § 352. PROHIBITION 5 |
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| 59 | 59 | | A person shall not: 6 |
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| 60 | 60 | | (1) sell, expose, offer for sale, or advertise for sale or exchange in 7 |
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| 61 | 61 | | Vermont as “fresh,” “strictly fresh,” “hennery,” “new laid,” “native,” 8 |
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| 62 | 62 | | “today’s,” “nearby,” “selected,” “guaranteed,” “new arrivals,” “A 1 candled,” 9 |
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| 63 | 63 | | or other words or descriptions of similar import any eggs that are not grade A 10 |
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| 64 | 64 | | or better; 11 |
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| 65 | 65 | | (2) advertise or label eggs in a false or misleading manner; 12 |
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| 66 | 66 | | (3) sell, offer for sale, deliver, or donate eggs that do not satisfy the 13 |
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| 67 | 67 | | requirements of this chapter or the rules adopted pursuant to it; or 14 |
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| 68 | 68 | | (4) sell, offer for sale, deliver, or donate eggs that are adulterated within 15 |
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| 69 | 69 | | the meaning of 18 V.S.A. § 4059 or the rules adopted under 18 V.S.A. chapter 16 |
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| 70 | 70 | | 82. 17 |
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| 71 | 71 | | § 352a. UNLAWFUL CONFINEMENT 18 |
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| 72 | 72 | | (a)(1) A person shall not confine an egg-laying hen in a space that prevents 19 |
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| 73 | 73 | | the hen from fully spreading both wings without touching the side of an 20 |
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| 74 | 74 | | enclosure or other egg-laying hens. 21 BILL AS INTRODUCED H.4 |
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| 77 | 77 | | |
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| 78 | 78 | | VT LEG #378695 v.1 |
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| 79 | 79 | | (2) Egg-laying hens shall having access to the amount of usable floor 1 |
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| 80 | 80 | | space per hen that complies with the Guidelines for Cage-Free Egg Production 2 |
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| 81 | 81 | | in the “2017 Edition of the United Egg Producers Animal Husbandry 3 |
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| 82 | 82 | | Guidelines for U.S. Egg Laying Flocks,” as may be amended from time to 4 |
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| 83 | 83 | | time. 5 |
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| 84 | 84 | | (b) The requirements of subsection (a) of this section shall not apply to: 6 |
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| 85 | 85 | | (1) medical research; 7 |
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| 86 | 86 | | (2) temporary confinement prior to and during examination, testing, 8 |
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| 87 | 87 | | individual treatment, or operation for veterinary purposes; 9 |
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| 88 | 88 | | (3) during an agricultural fair, as that term is defined in section 5152 of 10 |
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| 89 | 89 | | this title; 11 |
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| 90 | 90 | | (4) during temporary confinement for animal husbandry purposes for 12 |
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| 91 | 91 | | not more than six hours in any 24-hour period unless ordered by a licensed 13 |
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| 92 | 92 | | veterinarian; or 14 |
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| 93 | 93 | | (5) during the humane slaughter of an egg-laying hen according to the 15 |
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| 94 | 94 | | requirements of chapters 201 and 204 of this title. 16 |
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| 95 | 95 | | (c)(1) The requirements of this section are in addition to, and not in lieu of, 17 |
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| 96 | 96 | | any other laws protecting animal welfare in the State, and this section shall not 18 |
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| 97 | 97 | | be construed to limit any other State laws or rules protecting the welfare of 19 |
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| 98 | 98 | | animals. 20 BILL AS INTRODUCED H.4 |
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| 100 | 100 | | |
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| 101 | 101 | | |
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| 102 | 102 | | VT LEG #378695 v.1 |
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| 103 | 103 | | (2) It is not an affirmative defense to an alleged violation of this section 1 |
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| 104 | 104 | | that the egg-laying hen was raised, managed, and used by a farm in accordance 2 |
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| 105 | 105 | | with livestock husbandry practices. 3 |
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| 106 | 106 | | * * * 4 |
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| 107 | 107 | | § 355. ENFORCEMENT; RULES; INSPECTORS 5 |
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| 108 | 108 | | (a) The Except as provided under subsection (b) of this section, the 6 |
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| 109 | 109 | | Secretary of Agriculture, Food and Markets shall enforce the provisions of this 7 |
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| 110 | 110 | | chapter and shall establish such rules and employ such inspectors as are 8 |
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| 111 | 111 | | deemed necessary and advisable. Such duly appointed inspectors shall have 9 |
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| 112 | 112 | | free access at all reasonable hours to any building or other place where it is 10 |
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| 113 | 113 | | reasonable to believe eggs are being sold, offered, or exposed for sale. 11 |
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| 114 | 114 | | (b) In addition to the Secretary of Agriculture, Food and Markets’ authority 12 |
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| 115 | 115 | | under subsection (a) of this section and under chapter 1 of this title, a violation 13 |
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| 116 | 116 | | of section 352a of this title may be enforced by a humane officer under the 14 |
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| 117 | 117 | | provisions and penalties provided for in 13 V.S.A. chapter 8 and, if so 15 |
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| 118 | 118 | | enforced, shall be subject to a civil citation under 13 V.S.A. § 353(a)(4)(B) for 16 |
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| 119 | 119 | | a first offense and to the penalties provided in 13 V.S.A. § 353(a)(4) for a 17 |
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| 120 | 120 | | second or subsequent offense. 18 |
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| 121 | 121 | | § 356. NOTICE OF VIOLATION 19 |
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| 122 | 122 | | When the Secretary of Agriculture, Food and Markets determines that a 20 |
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| 123 | 123 | | person is violating this chapter or any rule adopted thereunder, the Secretary 21 BILL AS INTRODUCED H.4 |
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| 125 | 125 | | |
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| 126 | 126 | | |
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| 127 | 127 | | VT LEG #378695 v.1 |
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| 128 | 128 | | may issue a written warning that shall be served in person or by certified mail, 1 |
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| 129 | 129 | | return receipt requested. A warning issued under this section shall include: 2 |
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| 130 | 130 | | (1) a description of the alleged violation; 3 |
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| 131 | 131 | | (2) identification of this section; 4 |
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| 132 | 132 | | (3) identification of the applicable violation; and 5 |
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| 133 | 133 | | (4) the required corrective action that the person shall take to correct the 6 |
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| 134 | 134 | | violation. 7 |
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| 135 | 135 | | § 357. PENALTY 8 |
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| 136 | 136 | | (a) Notwithstanding the requirements of section 356 of this title, the 9 |
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| 137 | 137 | | Secretary at any time may pursue one or more of the following for an alleged 10 |
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| 138 | 138 | | violation of this chapter: 11 |
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| 139 | 139 | | (1) issue an appropriate order including a cease and desist or stop sale 12 |
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| 140 | 140 | | order to a person the Secretary believes to be in violation of this chapter or an 13 |
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| 141 | 141 | | underlying rule; 14 |
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| 142 | 142 | | (2) order mandatory corrective actions; 15 |
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| 143 | 143 | | (3) take any action authorized under chapter 1 of this title; or 16 |
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| 144 | 144 | | (4) seek administrative or civil penalties in accordance with the 17 |
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| 145 | 145 | | requirements of section 15, 16, or 17 of this title; or 18 |
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| 146 | 146 | | (5) refer a violation of section 352a of this title to a humane officer for 19 |
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| 147 | 147 | | enforcement under 13 V.S.A. chapter 8. 20 BILL AS INTRODUCED H.4 |
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| 150 | 150 | | |
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| 151 | 151 | | VT LEG #378695 v.1 |
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| 152 | 152 | | (b) When the Secretary of Agriculture, Food and Markets issues an order to 1 |
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| 153 | 153 | | cease and desist, stop sale, or take other action, or a required corrective action, 2 |
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| 154 | 154 | | the Secretary shall provide the person subject to the order or corrective action a 3 |
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| 155 | 155 | | statement that the order or corrective action is effective upon receipt and the 4 |
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| 156 | 156 | | person has 15 days to request a hearing. 5 |
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| 157 | 157 | | (c) If the Secretary of Agriculture, Food and Markets issues a verbal order 6 |
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| 158 | 158 | | under this section, the Secretary shall issue written notice to the person subject 7 |
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| 159 | 159 | | to the order within five business days following the issuance of the verbal 8 |
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| 160 | 160 | | order. The written notice shall include a statement that the person has 15 days 9 |
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| 161 | 161 | | from the date the written notice was received to request a hearing. 10 |
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| 162 | 162 | | (d) If a person who receives a written order to cease and desist, stop sale, or 11 |
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| 163 | 163 | | take other action, or a written required corrective action, does not request a 12 |
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| 164 | 164 | | hearing in writing within 15 days after receipt of the written order or required 13 |
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| 165 | 165 | | corrective action, the person waives the right to a hearing. Upon receipt of a 14 |
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| 166 | 166 | | written request for a hearing, the Secretary shall promptly set a date and time 15 |
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| 167 | 167 | | for a hearing. A request for a hearing on an order issued under this section 16 |
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| 168 | 168 | | shall not stay the order. 17 |
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| 169 | 169 | | (e) A person aggrieved by a final action or decision of the Secretary under 18 |
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| 170 | 170 | | this section may appeal de novo to the Civil Division of the Superior Court 19 |
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| 171 | 171 | | within 30 days of the Secretary’s final decision. 20 BILL AS INTRODUCED H.4 |
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| 175 | 175 | | VT LEG #378695 v.1 |
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| 176 | 176 | | § 358. DISPOSITION OF FINES 1 |
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| 177 | 177 | | Such fines as are collected under the provisions of this chapter shall belong 2 |
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| 178 | 178 | | and be paid to the State. 3 |
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| 179 | 179 | | Sec. 2. 13 V.S.A. § 351b is amended to read: 4 |
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| 180 | 180 | | § 351b. SCOPE OF SUBCHAPTER 5 |
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| 181 | 181 | | This subchapter shall not apply to: 6 |
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| 182 | 182 | | (1) activities regulated by the Department of Fish and Wildlife pursuant 7 |
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| 183 | 183 | | to 10 V.S.A. Part 4, including the act of destroying feral swine in accordance 8 |
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| 184 | 184 | | with 10 V.S.A. § 4709(f); 9 |
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| 185 | 185 | | (2) scientific research governed by accepted procedural standards 10 |
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| 186 | 186 | | subject to review by an institutional animal care and use committee; 11 |
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| 187 | 187 | | (3) livestock and poultry husbandry practices for raising, management, 12 |
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| 188 | 188 | | and use of animals, provided that the requirements of 6 V.S.A. § 352a shall be 13 |
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| 189 | 189 | | enforceable under this chapter; 14 |
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| 190 | 190 | | (4) veterinary medical or surgical procedures; and 15 |
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| 191 | 191 | | (5) the killing of an animal as provided by 20 V.S.A. §§ 3809 and 3545. 16 |
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| 192 | 192 | | Sec. 3. 13 V.S.A. § 353(a) is amended to read: 17 |
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| 193 | 193 | | (a) Penalties. 18 |
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| 194 | 194 | | (1) Except as provided in subdivision (3), (4), or (5) of this subsection, 19 |
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| 195 | 195 | | cruelty to animals under section 352 of this title shall be punishable by a 20 |
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| 196 | 196 | | sentence of imprisonment of not more than one year or a fine of not more than 21 BILL AS INTRODUCED H.4 |
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| 200 | 200 | | VT LEG #378695 v.1 |
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| 201 | 201 | | $2,000.00, or both. Second and subsequent convictions shall be punishable by 1 |
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| 202 | 202 | | a sentence of imprisonment of not more than two years or a fine of not more 2 |
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| 203 | 203 | | than $5,000.00, or both. 3 |
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| 204 | 204 | | (2) Aggravated cruelty under section 352a of this title shall be 4 |
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| 205 | 205 | | punishable by a sentence of imprisonment of not more than five years or a fine 5 |
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| 206 | 206 | | of not more than $5,000.00, or both. Second and subsequent offenses shall be 6 |
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| 207 | 207 | | punishable by a sentence of imprisonment of not more than ten years or a fine 7 |
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| 208 | 208 | | of not more than $7,500.00, or both. 8 |
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| 209 | 209 | | (3) An offense committed under subdivision 352(5) or (6) of this title 9 |
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| 210 | 210 | | shall be punishable by a sentence of imprisonment of not more than five years 10 |
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| 211 | 211 | | or a fine of not more than $5,000.00, or both. 11 |
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| 212 | 212 | | (4)(A) Except as provided in subdivision (B) of this subdivision (4), a 12 |
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| 213 | 213 | | person found in violation of subdivision 352(3), (4), or (9) of this title pursuant 13 |
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| 214 | 214 | | to this subdivision shall be imprisoned not more than one year or fined not 14 |
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| 215 | 215 | | more than $2,000.00, or both. Second and subsequent convictions shall be 15 |
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| 216 | 216 | | punishable by a sentence of imprisonment of not more than two years or a fine 16 |
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| 217 | 217 | | of not more than $5,000.00, or both. A person found in violation of 6 V.S.A. 17 |
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| 218 | 218 | | § 352a may be imprisoned not more than two years or fined not more than 18 |
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| 219 | 219 | | $5,000.00, or both, for a second or subsequent violation. 19 |
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| 220 | 220 | | (B)(i) In lieu of a criminal citation or arrest, a law enforcement 20 |
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| 221 | 221 | | officer may issue a civil citation to a person who violates subdivision 352(3), 21 BILL AS INTRODUCED H.4 |
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| 225 | 225 | | VT LEG #378695 v.1 |
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| 226 | 226 | | (4), or (9) of this title if the person has not been previously adjudicated in 1 |
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| 227 | 227 | | violation of this chapter. A person adjudicated in violation of subdivision 2 |
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| 228 | 228 | | 352(3), (4), or (9) of this title pursuant to this subdivision shall be assessed a 3 |
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| 229 | 229 | | civil penalty of not more than $500.00. 4 |
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| 230 | 230 | | (ii) A humane officer shall issue a civil citation under this chapter 5 |
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| 231 | 231 | | to a person who violates 6 V.S.A. § 352a if the person has not been previously 6 |
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| 232 | 232 | | adjudicated in violation of this chapter. A person adjudicated in violation of 6 7 |
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| 233 | 233 | | V.S.A. § 352a under this chapter shall be assessed a civil penalty of not more 8 |
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| 234 | 234 | | than $500.00. 9 |
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| 235 | 235 | | (iii) At any time prior to the person admitting the violation and 10 |
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| 236 | 236 | | paying the assessed penalty under subdivision (i) of this subdivision (B)(4), the 11 |
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| 237 | 237 | | State’s Attorney may withdraw the complaint filed with the Judicial Bureau 12 |
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| 238 | 238 | | and file an information charging a violation of subdivision 352(3), (4), or (9) of 13 |
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| 239 | 239 | | this title in the Criminal Division of the Superior Court. 14 |
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| 240 | 240 | | (C) Nothing in this subdivision shall be construed to require that a 15 |
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| 241 | 241 | | civil citation be issued prior to a criminal charge of violating subdivision 16 |
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| 242 | 242 | | 352(3), (4), or (9) of this title. 17 |
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| 243 | 243 | | (5) A person who violates subdivision 352(1) of this title by 18 |
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| 244 | 244 | | intentionally killing or attempting to kill an animal belonging to another or 19 |
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| 245 | 245 | | subdivision 352(2) of this title by torturing, administering poison to, or cruelly 20 BILL AS INTRODUCED H.4 |
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| 249 | 249 | | VT LEG #378695 v.1 |
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| 250 | 250 | | harming or mutilating an animal shall be imprisoned not more than two years 1 |
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| 251 | 251 | | or fined not more than $5,000.00, or both. 2 |
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| 252 | 252 | | Sec. 4. EFFECTIVE DATE 3 |
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| 253 | 253 | | This act shall take effect on July 1, 2026. 4 |
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