Vermont Statutes Title 18 Sec. 4351
Terms Used In Vermont Statutes Title 18 Sec. 4351
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bakery: means all buildings, rooms, basements, cellars, lofts, or other premises or part thereof used, occupied, or maintained for the purpose of producing for sale bread, cakes, pies, or other food products made either wholly or partially with flour. See
- Commissioner: means the Commissioner of Health. See
- Department: means the Department of Health. See
- Establishment: means food manufacturing establishments, food service establishments, lodging establishments, children's camps, seafood vending facilities, and shellfish reshippers and repackers. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Food: means articles of food, drink, confectionery, or condiment for human consumption, whether simple, mixed, or compound, and all substances and ingredients used in the preparation thereof. See
- Lodging establishment: means a place where overnight accommodations are regularly provided to the transient, traveling, or vacationing public, including hotels, motels, inns, and bed and breakfasts. See
- Person: means any individual, company, corporation, association, partnership, the U. See
- Seafood vending facility: means a store, motor vehicle, retail stand, or similar place from which a person sells seafood for human consumption. See
§ 4351. License from Department of Health
(a) A person shall not operate or maintain a food manufacturing facility, retail food establishment, lodging establishment, children’s camp, seafood vending facility, or any other place in which food is prepared and served, unless he or she obtains and holds from the Commissioner a license authorizing such operation. All licenses shall be displayed in a manner as to be easily viewed by the public.
(b)(1) A person shall not knowingly and willingly sell or offer for sale a bulk product manufactured by a bakery, regardless of whether the bakery is located inside or outside the State, unless the operator of the bakery holds a valid license from the Commissioner.
(2) The Commissioner shall not grant a license to a bakery located outside the State unless:
(A) the person operating the bakery:
(i) has consented in writing to the Department’s inspection and paid the required fee; or
(ii) has presented to the Department satisfactory evidence of inspection and approval from the proper authority in his or her state and paid the required fee; and
(B) inspection of the bakery confirms that it meets the laws and rules of this State.
(c) The Commissioner may issue a temporary license for no more than 90 days. The temporary license shall state the conditions under which it is issued.
(d) If the Commissioner does not renew a license, he or she shall provide written notice to the licensee. The notice shall specify any changes necessary to conform with State rules and shall state that if compliance is achieved within the time designated in the notice, the license shall be renewed. If the licensee fails to achieve compliance within the prescribed time, the licensee shall have an opportunity for a hearing.
(e) Any licensee or applicant aggrieved by a decision or order of the Commissioner may appeal to the Superior Court of the county in which such person resides or maintains a place of business within 30 days after that decision.
(f) If a licensee fails to renew the licensee’s license within 60 days after its expiration date, a licensee shall apply for a new license and meet all licensure requirements anew. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1969, No. 242 (Adj. Sess.), eff. April 2, 1970; 1973, No. 98, § 7, eff. July 1, 1973; 1989, No. 103, § 1; 2017, No. 76, § 5; 2023, No. 6, § 149, eff. July 1, 2023; 2023, No. 53, § 119, eff. June 8, 2023.)