Current through August, 2024
Section
1 Authority
1.1 These
rules are authorized by
6
V.S.A. §
1(a)(10),
6
V.S.A. §
2964,
and Sec. 6e of Act No. 78 (2009 Adj. Sess.) to implement an interim
Seal of Quality Program.
Section 2 Definitions
2.1 "Vermont Seal of Quality" means
a symbol of the following design: an oval border enclosing the word
"Vermont" written in script form, a red clover flower head attached
to the top of the left branch of the word "Vermont"; three clover
leaves projecting to the left, immediately below the clover head; the
words "Seal of Quality" printed on a plane with and to the right of
the clover head; and the words "Agency of Agriculture, Food and
Markets" printed below the word "Vermont." The border, clover leaves
and word " Vermont " are green and the clover head is red. The
background of the seal is white.
2.2 "Maple product" means only
maple syrup, maple sugar, maple cream, or any other products in which
the sugar content is entirely derived from pure maple sap, such
product is made from pure maple syrup or maple sugar, and contains no
other ingredients except that cream, nuts, and butter may be
ingredients of maple fudge produced in Vermont.
2.3 "Maple syrup" means pure maple
syrup which is the liquid derived by concentration and heat treatment
of the sap of the maple tree (Acer). Maple syrup shall not be
processed in any manner which adds or removes naturally occurring
soluble materials. The limitation does not preclude the use of
approved filter aids used for the sole purpose of assisting the
removal of suspended material or the use of de-foaming agents
approved by the Secretary.
2.4 "Dairy product" means milk,
cheese, cream, ice cream, or frozen dairy products as those products
are defined in the following US Code of Federal Regulations and USDA
Standards for Grades of Butter:
Milk-21 CFR.131.110
Cream-
21 CFR
131.150 through
131.157
Yogurt -
21 CFR 131.200
through
131.206
Ice Cream and Frozen Desserts -
21 CFR
135.3 through
135.160
Cheese -
21 CFR
133.3 through
133.196
Butter-USDA Standards for Grades of Butter §
58.2621
2.5
"Secretary" means the Secretary of Agriculture, Food and Markets or
his or her designee.
2.6
"Person" means any natural person, corporation, partnership, or other
legal entity.
Section
3 General Eligibility, Application, and Administration
3.1 Use of the Vermont Seal of
Quality shall be limited to maple and dairy products that have been
produced, processed or packaged within the state of Vermont and
otherwise meet the requirements set forth in subdivision (b) of Sec.
6e(b) of Act 78 (2010 Adj. Sess.) and the provisions of this
rule.
3.2 Dairy or maple
products processed or packaged outside of Vermont may be eligible for
the Vermont Seal of Quality as long as the primary ingredient in the
dairy or maple product comes from Vermont and has not undergone
substantial transformation as required under Section
4 of this
rule.
3.3 Only those
persons lawfully operating in Vermont and in good regulatory standing
with the Secretary shall be eligible to use the Vermont Seal of
Quality on maple or dairy products that meet the requirements of this
rule.
3.4 An application
for use of the Seal shall be accompanied by a fee for each maple or
dairy product to which the applicant seeks authority to apply the
Vermont Seal of Quality, according to the following fee schedule:
|
One maple or dairy product
|
$ 175
|
|
Two maple or dairy products
|
$ 225
|
|
Three maple or dairy product
|
$ 275
|
|
Four maple or dairy products
|
$ 325
|
|
Five or more maple or dairy products
|
$ 375
|
3.5 The following dairy products
types shall each be considered as a single product for purposes of
application fee:
a. milk or cream
(whole, skim, 2%, light, heavy, etc),
b. cheese (all
varieties),
c. butter
(all varieties),
d.
yogurt, and
e. ice cream
and frozen desserts.
3.6 The following maple products
shall each be considered as a single product for purposes of
application fee:
a.
syrup,
b. candy
(including fudge), and
c.
granular sugar.
d. maple
cream
3.7 Each
application shall be self-certifying as to compliance with the
requirements of this rule and any standard expressly incorporated
into this rule.
3.8 If
the Secretary denies the application or rejects a particular product
as ineligible for the Seal, the Secretary shall notify the applicant
in writing and provide the applicant with an opportunity for a
hearing. The burden of proof in such case shall be carried by the
applicant. The Secretary shall follow the same fair hearing notice
and process set forth in
6 V.S.A. §
16.
3.9 If an application is approved,
the Secretary shall issue a non-transferrable authorization for the
applicant to use the Vermont Seal of Quality on the approved product
or products.
3.10 The
authorization to use the Vermont Seal of Quality issued under this
rule shall be valid until June 30, 2011, unless extended by law or
unless revoked or suspended sooner for non-compliance with these
rules or other lawful cause, after notice and opportunity for hearing
as otherwise provided by law. The burden of proof in such case shall
be carried by the Secretary.
Section 4 Representations of
Vermont Origin
4.1 No maple or dairy
product shall be eligible to bear the Seal of Quality unless the
product and its label conform to the Vermont Origin Rule, VT ADC 06
031 021, Rule CF120 (Representations of Vermont Origin).
Section 5 Dairy Product
Standards
5.1 All dairy products
packaged under the Vermont Seal of Quality shall be processed in a
facility holding a valid Vermont Milk Handler's License or a Frozen
Dessert License and conform to all existing Vermont standards and
regulations pertaining to milk, cream, ice cream and frozen dairy
products as set forth in Title 6 V.S.A. Chapter 151 (Dairy
Operations), Chapter 153 (Standards and Purity) and Chapter 155
(Frozen Desserts) and the Code of Federal Regulations referenced in
Section 3.2 of this rule. Dairy products must also meet the standards
in Section 5.2 of this rule.
5.2 Product Standards
5.2.1. Pasteurized Milk, Low Fat,
Non-fat, or Skim Milk; Half and Half; Cream; and Light Whipping
Cream:
a. Temperature shall not
exceed 450F. until delivered to the consumer.
b. Bacterial limits shall be 20,000
per ml.
c. Coliform
limits shall be less than 0 per ml.
d. Phosphatase limits shall be less
than 350 mu/liter.
5.2.2. Ice Cream and Frozen Dairy
Products:
a. Bacterial limits shall
be 20,000 per gram.
b.
Coliform limits shall be less than 0 per gram.
5.2.3. Cheese, butter, yogurt and
other dairy projects shall conform to standards set forth in the
relevant parts of the Code of Federal Register referenced in Section
3.2
Section
6 Maple Product Standards
6.1 All maple products packed under
the Vermont Seal of Quality shall conform to the existing standards
set forth in Title 6, Chapter 32 and the Vermont Maple Products
Regulations and the additional standards set forth in this
section.
6.2 Grades
6.2.1. The only grades of maple
syrup upon which the Seal of Quality may be used shall be grades
which are equivalent to Vermont Fancy, Vermont Grade A Medium Amber,
Vermont Grade A Dark Amber, and Vermont Grade B.
6.2.2. Such syrup shall be
definitely and unquestionably equal to or above the minimum limits of
color and flavor established for the specified grade by the Vermont
Maple Law and Regulations.
6.3 Filtering. The only maple syrup
upon which the Seal of Quality may be used shall consist of 100
percent pure maple syrup which has been filtered at the time of
packing and is free of any material other than pure, clear, clean,
liquid maple syrup in sanitary condition.
6.4 Packing
6.4.1. All maple syrup packed under
the Vermont Seal of Quality shall be packed at a temperature of
1800F. or higher. The Secretary may grant an exemption to this
provision for special cases which would involve new marketing
procedures on an experimental basis.
6.4.2. All containers or packages
of maple products packed under the Vermont Seal of Quality shall be
marked with a code furnished to indicate the date such containers
were packed.
6.4.3. The
packer shall accept for replacement any containers of maple products
which have been opened for inspection by the Secretary's designees.
Such products are to be replaced with unopened containers of equal
quality, thus ensuring hot-pack condition.
6.5 Maple Products Other Than Syrup
6.5.1. The only maple products upon
which the Seal of Quality may be used shall be made from pure maple
syrups.
6.5.2 Products
made from such syrup shall contain no sugars, except pure maple
sugar, and contain no other ingredients except that cream nuts, and
butter may be ingredients of maple fudge.
6.6 Packing Facilities. The
facilities in which Seal of Quality maple products are packed shall
be kept neat, clean, sanitary, and free from objectionable odors at
all times and shall contain such equipment as is necessary to pack
maple products in a manner which satisfies the relevant requirements
of the Vermont Maple Law and Regulations and the regulations
herein.
Section
7 Enforcement
7.1 It is
unlawful to use or allow another person to use the Seal of Quality
without written authorization from the Secretary.
7.2 These rules, unauthorized use
of the Seal, and alleged misuse of the Seal by authorized users may
be enforced by the Secretary under the provisions of V.S.A. Title 6,
Chapter 1, and
6 V.S.A. §
2965, or as otherwise allowed by
law.
7.3 The Secretary
shall refer alleged violations of the Representations of Vermont
Origin Rule, CF120, incorporated into the Seal of Quality Interim
program under Section
4 of these
rules, to the Attorney General for potential enforcement action under
V.S.A. Title 9 or as otherwise allowed by law.
7.4 False or misleading material
statements made with intent to defraud by an applicant during the
application process for use of the Seal of Quality may be referred
for potential prosecution as a false claim under
13 V.S.A. §
3016.
Section 8 Conflicts in Standards
8.1 These rules are promulgated to
implement a limited Seal of Quality Program on an interim basis. Any
conflict in the standards set forth in these rules or between the
standards in this rule and the standards incorporated by reference
within these rules shall be resolved in the applicant's favor as long
as consumers are not mislead and product safety is not
compromised.
Section
9 Repealing Provision
9.1 Any Agency rules for the Seal
of Quality program which existed prior to the effective date of these
rules are hereby repealed.
Section 10 Effective Date
10.1 These Rules are effective
April 25, 2011.
10.2
Notwithstanding the provisions of subsection 10.1 of this section,
any person that has maple products or dairy products in commerce
bearing the Vermont Seal of Quality without written authorization
from the Secretary shall have 30 days to demonstrate compliance with
this rule. Compliance may be demonstrated by moving stock out of
commerce, using up packaging or marketing materials, bringing labels
or packaging into compliance by removing, obliterating or covering
the Seal, or by applying for and receiving written authorization for
lawful use of the Seal from the Secretary under the provisions of
this rule.
Attachment 1. Statement Required by 3 V.S.A. §
803e, for the Adoption of Rules by Reference.
The following laws and rules, incorporated by
reference into the Vermont Seal of Quality Interim Rule, have been
reviewed by the Secretary and incorporated in their entirety. Maple
laws and dairy laws and the rules adopted pursuant to those laws are
presently in effect and enforced by the Agency. Secretary Roger N.
Allbee has deemed it necessary to adopt each of the rules listed by
reference into the Seal of Quality Interim Rule to avoid duplication
of requirements for producing, grading, packaging, handling,
processing and offering for sale Vermont dairy and maple products.
Vermont maple products and dairy products are subject to the rules
adopted by reference regardless of being eligible or qualified for
participation in the voluntary Seal of Quality Interim
Program.
The portions of the Vermont Seal of Quality Interim
Rule which contain rules by reference and the referenced rules are as
follows:
|
Vermont Seal of Quality Regulations
Containing Rules by Reference
|
Rules Adopted by
Reference
|
|
Section 2.3
|
Milk - 21 CFR.131.110
Cream -
21 CFR
131.150 through
131.157
Yogurt -
21 CFR 131.200
through
131.206
Ice Cream and Frozen Desserts -
21 CFR
135.3 through
135.160
Cheese-
21 CFR
133.3 through
133.196
Butter - USDA Standards for Grades of
Butter $S58.2621
|
|
Section
5
|
Vermont Dairy Operations Law
6 V.S.A. Chapter 151
Vermont Standards and Purity Laws
6 V.S.A. Chapter 153
Vermont Frozen Desserts Law
6 V.S.A. Chapter 155
|
|
Section 4.4
|
Vermont Origin Rule, (VT ADC 06 031 021),
Rule CF120 (Representations of Vermont Origin). Available at:
http://www.atg.state.vt.us/issues/consumer-protection/laws-and-regulations/cf-120-vermont-origin-adopted-rule.php.
|
|
Section
6
|
Vermont Maple Products Regulations
(VT ADC 20 011 002) adopted pursuant
to
Vermont Maple Products Law
Title 6, Chapter 32
|
