§ 2672 - Definitions
§ 2672. Definitions
As used in this part, the following terms have the following meanings:
(1) "Secretary" means secretary of agriculture, food and markets or his duly 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 premise 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, premise, 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 or without the state of Vermont.
(6) "Milk handler license" is a license issued by the secretary which authorizes the licensee to carry on the business of a milk handler.
(7) "Milk":
(A) "Cows' milk" is the colostrum-free, pure, lacteal product of healthy cows which contains not less than 11.50 percentum 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. The secretary may, in accordance with chapter 25 of Title 3, promulgate a list of food grade additives which may be added to cows' milk. The additives used in cows' milk sold in retail packages shall be conspicuously stated in descending order of importance on the label of the package in a manner approved by the secretary. Such milk may be standardized by the addition of pure, fresh skim milk or cream as defined by regulation.
(B) "Goats' milk" is the colostrum-free, pure, lacteal product of healthy dairy goats which contains not less than 10 percentum 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. The secretary may, in accordance with chapter 25 of Title 3, promulgate a list of food grade additives which may be added to goats' milk. The additives used in goats' milk sold in retail packages shall be conspicuously stated in descending order of importance on the label of the package in a manner approved by the secretary. Such milk may be standardized by the addition of pure, fresh skim milk or cream as defined by regulation.
(C) "Sheep's milk" is the colostrum-free, pure, lacteal product of healthy dairy sheep which 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 dairy water buffalo which contains no less than 11.50 percent of total milk solids (to which nothing has been added or taken away).
(8) "Imitation dairy products" are those products containing no milk which by their texture, flavor, color, packaging, or other characteristics, could be confused by consumers with established and defined dairy products or are sold or offered for sale as substitutes for milk or fluid dairy products.
(9) "An imitation dairy product handler" is a person, firm, unincorporated association or corporation engaged in the business of buying, selling, packaging or processing imitation dairy products for sale within or without the state of Vermont.
(10) "An imitation dairy product handler's license" is a license issued by the secretary which authorizes the licensee to carry on the business of an imitation dairy products handler.
(11) "Retail package of dairy product or imitation dairy product" is a package to be sold to a consumer.
(12) "Dairy products" are milk, or the products derived therefrom, which conform to the appropriate legal standard or definition for the specific product as defined in this part and regulations made under this part.
(13) "Fluid dairy products" are milk and fluid dairy products derived from milk, including cultured products, as defined by regulations made under this part.
(14) "Licensed technician" is a person who has demonstrated by appropriate tests, to the satisfaction of the secretary, that he has the skill, experience, ability and integrity to perform tests that are used as a basis for payment or acceptance of dairy products or imitation dairy products, and who holds one or more licenses issued by the secretary authorizing him to carry on one or more of these activities.
(15) "Approved dairy laboratory" is any place or premise which has been inspected and approved by the secretary, where tests are made on milk, dairy products, or imitation 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.
(16) "Adulteration" means an adulterated dairy product or adulterated imitation dairy product containing noxious, unwholesome or deleterious material, preservative, drugs or chemical in a quantity injurious to health; or which does not conform to the definition of the product; or which is not produced, processed, or distributed according to the provisions of this part.
(17) "Commission" means the Vermont milk commission as constituted in section 2922 of this title.
(18) "Charitable uses" means the distribution of milk among poor and needy persons without charge or compensation therefor.
(19) "Distributor" means any person who sells milk or imitation dairy products to consumers within the state, except those who sell milk or imitation dairy products for consumption on the premises. A producer or person who delivers or sells milk to a distributor only shall not be deemed a distributor.
(20) "Market" means any area designated by the board as a natural marketing area.
(21) "School lunch milk" means milk sold, offered for sale or distribution at school buildings, grounds or other places used for school purposes.
(22) "Person" means individuals, corporations, partnerships, trusts, associations, cooperatives, and any and all other business units or entities.
(23) "Additional definitions": The secretary may, (after due notice and public hearing) in accordance with chapter 25 of Title 3, promulgate, amend, or rescind definitions of other dairy products and imitation dairy products including modified milk, dairy processes, and rules relating to specially trained personnel.
(24) "Drug" or "drugs" mean:
(A) articles recognized in the official United States Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or official National Formulary, or supplement thereto; and
(B) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and
(C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and
(D) articles intended for use as a component of any articles specified in subdivision (24)(A), (B), or (C), of this section, but not including devices or their components, parts, or accessories.
(25) Definitions and standards of milk products not herein defined shall be those established by federal agencies and published in the Code of Federal Regulations.
(26) "Vermont fresh milk" means milk consisting entirely of fresh milk produced in Vermont.
(27) "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. (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; 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.)