§ 2722. Application

Applications shall be completely filled out and sworn to by the applicant or a partner or officer of the applicant and in case of renewal shall be filed with the Secretary on or before July 15 of each year. New handlers may apply for a license at any time. Renewal applications not received on or before August 15 shall be assessed a late fee of $100.00. The application for a handler‘s license shall provide the following information and such other information as the Secretary by regulation shall reasonably require:

(1) Name and address of applicant and the location of all plants and facilities owned or operated or to be owned or operated within the State of Vermont or outside the State of Vermont, or both.

(2) A statement as to whether the applicant, or any partner, officer, or director thereof, is presently the subject of any criminal, civil, or disciplinary action by any federal or state agency, or has been convicted of a crime relating in any way to the business of milk processing or marketing, or both.

(3) In the case of a new application, the applicant shall provide the following information:

(A) The anticipated sources of supply of milk for the next 12 months.

(B) The anticipated supply of milk and the daily quantity to be purchased from such sources. If a handler buys milk or represents that he or she intends to buy milk from Vermont producers, he or she shall provide a sworn balance sheet showing assets and liabilities and a profit and loss statement as of the end of the handler’s preceding fiscal year and such other information regarding its financial condition as the Secretary may require. Upon the request of the Secretary, the financial statements shall be accompanied by an opinion of a certified public accountant.

(C) The value of the milk he or she intends to purchase for each of the succeeding 12 months from Vermont producers. In case purchases from Vermont milk producers during the license period vary in any one month by more than 20 percent from the amount stated on the application for the same month of the prior year or from the amount predicted for that month in the current year, as the case may be, the handler shall immediately notify the Secretary in writing of the amount of variation.

(D) A statement as to when all Vermont producers will be paid in part and in full. Payment shall be made as agreed upon but shall not be later than the 25th of the following month.

(E) The results of health tests certified by an appropriate public agency as the Secretary shall by regulation require. The Secretary may issue rules establishing what tests shall be administered and by whom they shall be certified.

(F) A statement that the handler will pay to the Secretary all milk taxes required by law.

(G) A statement that the handler will comply with all the provisions of this part and the rules adopted under this part. (Added 1965, No. 175, § 16; amended 1977, No. 159 (Adj. Sess.), § 2, eff. May 28, 1978; 1987, No. 217 (Adj. Sess.), § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 33, § 8; 2013, No. 159 (Adj. Sess.), § 6; 2015, No. 149 (Adj. Sess.), § 15; 2019, No. 64, § 2; 2021, No. 105 (Adj. Sess.), § 113, eff. July 1, 2022.)