Section 3305 - Additional powers of the SecretaryIn order to accomplish the objectives stated in section 3303 of this title, the Secretary may:
(1) Remove inspectors from any establishment that fails to destroy condemned products as required under subdivision 3304(2) of this title.(2) Refuse to provide inspection service under this chapter with respect to any establishment for reasons specified in section 401 of the Federal Meat Inspection Act or section 18 of the federal Poultry Products Inspection Act or for any other violation of this chapter and the rules adopted under it.(3) Order labeling and containers to be withheld from use if he or she determines that the labeling is false or misleading or the containers are of a misleading size or form.(4) By rules, prescribe the sizes, style, and type to be used for labeling information required under this chapter, and definitions and standards of identity or composition or standards of fill of container, consistent with federal standards, when he or she deems the action appropriate for the protection of the public.(5) By rules, prescribe conditions for storage and handling of livestock products and poultry products by persons engaged in the business of buying, selling, freezing, storing, or transporting these products in or for intrastate commerce to ensure that these products will not be adulterated or misbranded when delivered to the consumer.(6) Require that equines be slaughtered and prepared in establishments separate from establishments where other livestock are slaughtered or their products are prepared.(7) Authorize inspection to continue at official establishments on State holidays, or beyond the regular work shift or workweek for State inspectors, provided that the necessary inspectors are available and the official establishment pays all overtime salaries of inspections necessary to keep the plant open and other expenses occasioned by the overtime employment. All of these payments shall be retained in a revolving fund for administrating this chapter.(8) Adopt rules as necessary for the efficient execution of the provisions of this chapter, including rules of practice providing opportunity for hearing in connection with issuance of orders under subdivision 3304(5) of this title or subdivision (1), (2), or (3) of this section and establishing a procedure for proceedings in these cases. This shall not preclude a requirement that a label or container be withheld from use or a refusal of inspection under subdivision 3304(5) of this title or subdivision (1) or (3) of this section pending issuance of a final order in any proceeding. The federal meat inspection regulations and federal poultry inspection regulations of the U.S. Department of Agriculture, Title 9, Code of Federal Regulations, Chapter 3, 9 C.F.R. §§ 300.1 et seq., together with any amendments, supplements, or revisions to the regulations, are adopted as part of this chapter.(9) Appoint and prescribe the duties for a head of service and such inspectors and other personnel as he or she deems necessary for the efficient execution of the provisions of this chapter.(10) Cooperate with the U.S. Secretary of Agriculture in administration of this chapter to accomplish the purposes stated in section 3303 of this title; accept federal assistance for that purpose and spend public funds of this State appropriated for administration of this chapter to pay the State's proportionate share of the estimated total cost of the cooperative program.(11) Recommend to the U.S. Secretary of Agriculture, officials or employees of the Agency of Agriculture, Food and Markets for appointment to the advisory committees provided for in the federal acts.(12) Serve as the representative of the Governor for consultation with the Secretary under subsection 301(c) of the Federal Meat Inspection Act and subsection 5(c) of the federal Poultry Products Inspection Act unless the Governor selects another representative.(13) Exempt the operations of any person from inspection or other requirements of this chapter if and to the extent the operations would be exempt from the corresponding requirements under the Federal Meat Inspection Act or the federal Poultry Products Inspection Act if they were conducted in or for interstate commerce or if the State were designated under the federal acts as one in which the federal requirements apply to intrastate commerce.(14) Require retail vendors who affix labels with a date to meat, meat food products, or poultry products to clearly and conspicuously post their policy concerning date of sale labeling in order to enable consumers to understand the policy.(15) Establish by rule the method for providing voluntary inspection, and withdrawal of inspection, of exotic animals, wild game, game birds, red deer, and cervidae. These rules may also provide for the inspection of meat and meat food products derived from those animals. The Secretary shall provide voluntary inspection of bison and cervidae produced in Vermont, including the inspection of meat and meat food products processed in Vermont derived from bison and cervidae, wherever produced. For such inspection, the Secretary shall charge a fee equal to the rate for reimbursable inspection services provided under the Vermont Meat and Poultry Inspection Program.(16) Exempt livestock producers who sell directly to consumers or inspected slaughterhouses in carcass form from the licensing requirements of section 3306 of this title. To be eligible for this exemption, the livestock shall be slaughtered under inspection and the producer shall relinquish control of the carcass at the slaughterhouse. Payment for the carcasses shall be based on hanging weight rather than live weight. This exemption does not apply to any retail operations or poultry.(17) Authorize and recognize mobile slaughter and processing establishments as official establishments or exempt them under subdivision (13) of this section.(18) Sell or lease a mobile slaughtering unit and may retain any proceeds from the sale in a fund designated for the purpose of purchasing additional mobile slaughtering units or providing matching grants for capital investments to increase poultry slaughter or poultry processing capacity.Amended by 2022 , No. 105, § 135, eff. 7/1/2022.Added 1985, No. 226 (Adj. Sess.), § 1, eff. 6/2/1986; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. 1/1/1991; 1991, No. 228 (Adj. Sess.), § 3; 1993, No. 126 (Adj. Sess.) , § 1; 1995, No. 128 (Adj. Sess.) , § 5; 1997, No. 35 , § 1, eff. 5/22/1997; 1999, No. 49, § 124; 2003, No. 37 , § 6; 2003, No. 42 , § 2, eff. 5/27/2003; 2007, No. 38 , § 11, eff. 5/21/2007; 2009 , No. 134 (Adj. Sess.) , § 13, eff. 6/3/2010; 2011 , No. 13 , § 2, eff. 4/28/2011; 2013 , No. 83 , § 2, eff. 6/10/2013; 2017, No. 113 (Adj. Sess.) , § 32.