§ 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 Vt. Stat. Ann. 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.)