Vermont Statutes Title 6 Sec. 568
Terms Used In Vermont Statutes Title 6 Sec. 568
- 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.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Hemp: means the plant Cannabis sativa L. See
- hemp-infused products: means all products with the federally defined tetrahydrocannabinol concentration level for hemp derived from, or made by, processing hemp plants or plant parts, which are prepared in a form available for commercial sale, including cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, construction materials, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Secretary: means the Secretary of Agriculture, Food and Markets. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 568. Test results; enforcement
(a) When notified of a hemp crop, hemp product, or hemp-infused product that has a delta-9 tetrahydrocannabinol concentration exceeding the applicable federally defined tetrahydrocannabinol concentration level of hemp, the person registered with the Secretary as growing or processing the hemp shall arrange for disposal, remediation, or destruction of the hemp crop, hemp product, or hemp-infused product in a manner consistent with applicable State and federal law.
(b) To enforce the provisions of this chapter, the Secretary, upon presenting appropriate credentials, may conduct one or more of the following:
(1) Enter upon any premises where hemp is grown or processed and inspect premises, machinery, equipment and facilities, any crop during any growth phase, or any hemp product or hemp-infused product during processing or storage. Inspection under this section may include the taking of samples, inspection of records, and inspection of equipment or vehicles used in the growing, processing, or transport of hemp crops, hemp products, or hemp-infused products.
(2) Inspect any retail location offering hemp products or hemp-infused products. Inspection under this section may include the taking of samples of such products.
(3) Issue and enforce a written or printed “stop sale” order to the owner or custodian of any hemp crop, hemp product, or hemp-infused product subject to the requirements of this chapter or rules adopted under this chapter that the Secretary finds is in violation of any of the provisions of this chapter or rules adopted under this chapter. An order may prohibit further sale, processing, and movement of the hemp crop, hemp product, or hemp-infused product until the Secretary has approved and issued a release from the “stop sale” order.
(A) This order should include the reason for being issued, a description of the crops or products at issue, instructions to separate all crops or products subject to the order, and any recommended measures to remedy the basis or bases for the order.
(B) A person issued a “stop sale” order may appeal that order to the Secretary within 15 days after receipt. The person shall file any appeal by serving a letter on the Secretary, which shall state all grounds for the appeal and identify the crops or products affected by the appeal.
(c) [Repealed.] (Added 2017, No. 143 (Adj. Sess.), § 7; 2019, No. 44, § 1, eff. May 30, 2019; amended 2021, No. 174 (Adj. Sess.), § 8, eff. July 1, 2022.)