§ 2672. Definitions

As used in this chapter:

(1) “Secretary” means Secretary of Agriculture, Food and Markets or his or her authorized agent.

(2) “Milk producer” or “producer” is a person, partnership, unincorporated association, or corporation who owns or controls one or more cows, dairy goats, dairy sheep, or water buffalo and sells or offers for sale a part or all of the milk produced by the animals.

(3) “Dairy farm” is any place or premises where one or more cows, dairy goats, dairy sheep, or water buffalo are kept and where a part or all of the milk from the animals is sold or offered for sale.

(4) “Milk plant” is any place, premises, or establishment where milk or dairy products are collected, assembled, handled, processed, stored, pasteurized, packaged, or prepared for distribution.

(5) “Milk handler” or “handler” is a person, firm, unincorporated association, or corporation engaged in the business of buying, selling, assembling, packaging, or processing milk or other dairy products for sale within the State of Vermont or outside the State. “Milk handler” or “handler” does not mean a milk producer.

(6) “Milk handler license” is a license issued by the Secretary that authorizes the licensee to carry on the business of a milk handler.

(7) “Milk,” unless preceded or succeeded by an explanatory term, means the pure lacteal secretion of dairy cattle. Milk from other dairy livestock listed in this subdivision shall be preceded by the common name for the type of livestock that produced the milk. Such milk may be standardized by the addition of pure, fresh skim milk or cream as defined by regulation.

(A) “Cows’ milk” is the colostrum-free, pure, lacteal product of healthy cattle that contains not less than 11.50 percent of total milk solids (to which nothing has been added or taken away). Cows’ milk sold in retail packages shall contain not less than 3.25 percent milk fat and not less than 8.25 percent nonfat milk solids.

(B) “Goats’ milk” is the colostrum-free, pure, lacteal product of healthy goats that contains not less than 10 percent of total milk solids (to which nothing has been added or taken away). Goats’ milk sold in retail packages shall contain not less than 2.5 percent milk fat and not less than 7.5 percent nonfat milk solids.

(C) “Sheep’s milk” is the colostrum-free, pure, lacteal product of healthy sheep that contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).

(D) “Water buffalo’s milk” is the colostrum-free, pure, lacteal product of healthy water buffalo that contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).

(8) “Retail package of dairy product” is a package to be sold to a consumer.

(9) “Dairy product” is milk, or a product derived from milk, that conforms to the appropriate legal standard or definition for the specific product as defined in this part and rules adopted under this part.

(10) “Fluid dairy products” are milk and fluid dairy products derived from milk, including cultured products, as defined by regulations adopted by federal entities and published in the Code of Federal Regulations.

(11) “Licensed technician” is a person who has demonstrated by appropriate tests, to the satisfaction of the Secretary, that he or she has the skill, experience, ability, and integrity to perform tests that are used as a basis for payment or acceptance of dairy products, and who holds one or more licenses issued by the Secretary authorizing the person to carry on one or more of these activities.

(12) “Approved dairy laboratory” is any place or premises that has been inspected and approved by the Secretary, or those premises outside Vermont approved and listed by the National Conference on Interstate Milk Shipments in accordance with the most recent evaluation of milk laboratories as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, where tests are made on milk or dairy products to determine the quality or acceptance of the products. The laboratory shall meet recommendations as set forth in the latest edition of APHA “standard methods for the examination of dairy products.” The Secretary may terminate approval for cause.

(13) “Adulteration” means an adulterated dairy product containing noxious, unwholesome, or deleterious material, preservative, drugs, or chemical in a quantity injurious to health; or that does not conform to the definition of the product; or that is not produced, processed, or distributed according to the provisions of this part.

(14) “Commission” means the Vermont Milk Commission as constituted in section 2922 of this title.

(15) “Charitable use” means the distribution of milk among persons with low income without charge or compensation.

(16) “Distributor” means any person who sells milk to consumers within the State, except those who sell milk for consumption on the premises.

(17) “Market” means any area designated by the Board as a natural marketing area.

(18) “School lunch milk” means milk sold, offered for sale, or distributed at school buildings, grounds, or other places used for school purposes.

(19) “Person” means individuals, corporations, partnerships, trusts, associations, cooperatives, and any and all other business units or entities.

(20) “Additional definitions.” The Secretary may (after due notice and public hearing), in accordance with 3 Vt. Stat. Ann. chapter 25, adopt, amend, or rescind definitions of other dairy products, including modified milk, dairy processes, and rules relating to specially trained personnel.

(21) “Drug” or “drugs” means:

(A) articles recognized in the official U.S. Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or official National Formulary, or its supplement;

(B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(C) articles (other than food) intended to affect the structure or any function of the body of humans or other animals; and

(D) articles intended for use as a component of any articles specified in subdivision (A), (B), or (C) of this subdivision (21), but not including devices or their components, parts, or accessories.

(22) Definitions and standards of milk products not defined in this section shall be those established by federal agencies and published in the Code of Federal Regulations.

(23) “Vermont fresh milk” means milk consisting entirely of fresh milk produced in Vermont.

(24) “Northeastern fresh milk” means milk consisting entirely of fresh milk produced in Delaware, Maryland, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, or Maine.

(25) “National Conference on Interstate Milk Shipments” means the national nonprofit organization of that same name, or its successor in interest, that deliberates and votes on proposals submitted by individuals from state or local regulatory agencies, the U.S. Food and Drug Administration, the U.S. Department of Agriculture, producers, processors, and consumers who have an interest in the safety of dairy products. (Added 1965, No. 175, § 2; amended 1969, No. 73, § 1, eff. April 18, 1969; 1971, No. 177 (Adj. Sess.), § 1, eff. Jan. 1, 1973; 1979, No. 106 (Adj. Sess.), §§ 1, 2; 1989, No. 14; 1991, No. 17, § 8(a) eff. April 4, 1991; 1991, No. 232 (Adj. Sess.), § 1; 1999, No. 100 (Adj. Sess.), § 2, eff. May 5, 2000; 2001, No. 39, § 2; 2003, No. 37, § 5; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 70 (Adj. Sess.), § 65, eff. March 1, 2004; 2007, No. 101 (Adj. Sess.), § 2, eff. April 22, 2008; 2011, No. 39, § 1, eff. May 19, 2011; 2013, No. 83, § 7, eff. June 10, 2013; 2015, No. 23, § 74; 2017, No. 113 (Adj. Sess.), § 26; 2021, No. 105 (Adj. Sess.), § 108, eff. July 1, 2022; 2023, No. 6, § 53, eff. July 1, 2023.)