Terms Used In Vermont Statutes > Title 6 > Chapter 215 - Agricultural Water Quality

• Actuarial equivalent: shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 472a(h) of this title. See
• Advertisement: means any method used to call attention to a product that is intended to arouse a desire to purchase that product. See
• Agency: means the Vermont Agency of Agriculture, Food and Markets. See
• Agency: means the Agency of Transportation. See
• Agency: means the Agency of Agriculture, Food and Markets. See
• Agency: means the Agency of Agriculture, Food and Markets. See
• Agricultural activities: means the operation and management of an entity engaged in farming, including all those activities defined as "farming" in this chapter, "agricultural activity" in 12 V. See
• agricultural waste: means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources to be harmful to the waters of the State, including sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste; animal mortalities; compost; feed, and crop debris; waste oils; pathogenic bacteria and viruses; thermal pollution; silage runoff; untreated milk house waste; and any other farm waste as the term "waste" is defined in 10 V. See
• Air navigation: means the operation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State. See
• Airport: means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. See
• Airport hazard: means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off. See
• Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided in this part. See
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means a person that applies for a license to operate a cannabis establishment pursuant to this chapter. See
• appraised value: when used in connection with real estate shall refer to appraisals made or examined and approved by an insurer or its agents. See
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized delegate: means a person located in this State that a licensee designates to provide money services on behalf of the licensee. See
• Average final compensation: shall mean :

• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subchapter. See
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• Board: means the Transportation Board. See
• board: refers to the boards, commissions, and professions listed in section 122 of this subchapter and, in the case of disciplinary matters or denials of licensure, either an administrative law officer appointed under subsection 129(j) of this subchapter or the Director in advisor professions. See
• Board: shall mean the board provided for in section 471 of this title to administer the Retirement System. See
• Board: means the Cannabis Control Board. See
• Cannabis establishment: means a cannabis cultivator, propagation cultivator, wholesaler, product manufacturer, retailer, testing laboratory, or integrated licensee licensed by the Board to engage in commercial cannabis activity in accordance with this chapter. See
• Certified Vermont Environmental Steward: means an owner or operator of a farm who has achieved the thresholds for the Vermont Environmental Stewardship Program to be certified as a farm that improves soil health and contributes to improving water quality. See
• Check cashing: means receiving at least $500. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Creditable service: shall mean service for which credit is allowed under section 458 of this title, plus service transferred under section 495 of this title. See
• cultivator: means a person licensed by the Board to engage in the cultivation of cannabis in accordance with this chapter. See
• Currency exchange: means receipt of revenues equal to or greater than five percent of total revenues from the exchange of money of one government for money of another government. See
• custom applicator: means a person who is engaged in the business of applying manure or agricultural waste to land and who charges or collects other consideration for the service. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person who annually buys, or otherwise acquires from another person, 1,000 gallons of maple syrup or more for purposes of packaging for resale or for resale in bulk. See
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Liquor and Lottery. See
• Department: shall mean any department, institution, or agency of this State government. See
• Direct: when used in connection with "obligation" means that a designated obligor shall be primarily liable on the instrument representing the obligation. See
• Director: means the Director of the Office of Professional Regulation. See
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispensary: means a business organization licensed pursuant to chapter 37 of this title. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Domestic fowl: means laying-hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl. See
• Domestic fowl: means laying hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl. See
• Earnable compensation: shall mean the full rate of compensation that would be payable to an employee if the employee worked the full normal working time for the employee's position. See
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Employee: includes deputy State's Attorneys, victim advocates employed by a State's Attorney pursuant to 13 V. See
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Future: means an agreement, traded on a qualified exchange or qualified foreign exchange, to make or take delivery of, or effect a cash settlement based on the actual or expected price, level, performance, or value of, one or more underlying interests. See
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good standing: means a participant in a program administered under this chapter:

• grades: means the standards for maple syrup adopted through regulation by the Secretary. See
• Group A members: means employees classified under subdivision (A) of subdivision (9) of this subsection (a). See
• Group C members: means employees classified under subdivision (B) of subdivision (9) of this subsection (a) who become members as of the date of establishment, any person who is first included in the membership of the System on or after July 1, 1998, any person who was a Group B member on June 30, 1998, who was in service on that date, and any person who was a Group B member on June 30, 1998, who was absent from service on that date who returns to service on or after July 1, 1998. See
• Group D members: means Justices of the Supreme Court, Superior judges, district judges, environmental judges, and probate judges. See
• Group F member: means any person who is first included in the membership of the System on or after January 1, 1991, any person who was a Group E member on December 31, 1990, who was in service on that date, and any person who was a Group E member on December 31, 1990, who was absent from service on that date who returns to service on or after January 1, 1991. See
• Group G member: means the following employees who are first employed in the positions listed in this subdivision (F) on or after July 1, 2023, or who are members of the System as of June 30, 2022 and make an irrevocable election to prospectively join Group G on or before June 30, 2023, pursuant to the terms set by the Board: facility employees of the Department of Corrections, as Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, as employees of a facility for justice-involved youth, or as Vermont State Hospital employees or as employees of its successor in interest, who provide direct patient care. See
• Hemp: means the plant Cannabis sativa L. See
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means any person designated by the Secretary to carry out the Secretary's duties under this chapter. See
• Integrated licensee: means a person licensed by the Board to engage in the activities of a cultivator, wholesaler, product manufacturer, retailer, and testing laboratory in accordance with this chapter. See
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• Law clerk: Assist judges with research and drafting of opinions.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes any certification, registration, permit, commission, or other official authorization to undertake a regulated activity. See
• Licensee: includes any person to whom a license has been issued by a board or the Director. See
• Livestock: means cattle, mature cow/calf pairs, youngstock, heifers, bulls, swine, sheep, goats, horses, or any other number and type of domestic animal that the Secretary deems livestock. See
• Livestock: means cattle, swine, sheep, goats, and horses, or any other number and type of domestic animal that the Secretary deems livestock. See
• Manure: means livestock waste in solid or liquid form that may also contain bedding, spilled feed, water, or soil. See
• Maple products: means only maple syrup, maple sugar, maple cream, or any other product in which the sugar content is entirely derived from pure maple sap and to which nothing has been added. See
• Maple sap: means the unprocessed liquid derived from the maple tree (Acer). See
• Maple sap hydrometer: means a floating instrument that measures the specific gravity of a liquid and that contains a scale designed to determine the sugar content of maple sap. See
• Maple sugar: means the solid, crystalline produce of maple tree sap only. See
• Maple syrup: means pure maple syrup that is the liquid derived by concentration and heat treatment of the sap of the maple tree (Acer). See
• Medium farm: is a n AFO that houses 200 to 699 mature dairy animals; 300 to 999 cattle or cow/calf pairs; 300 to 999 veal calves; 750 to 2,499 swine weighing over 55 pounds; 3,000 to 9,999 swine weighing less than 55 pounds; 150 to 499 horses; 3,000 to 9,999 sheep or lambs; 16,500 to 54,999 turkeys; 9,000 to 29,999 laying hens or broilers with a liquid manure handling system; 25,000 to 81,999 laying hens without a liquid manure handling system; 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system; 1,500 to 4,999 ducks with a liquid manure handling system; or 10,000 to 29,999 ducks without a liquid manure handling system. See
• Member: means any employee included in the membership of the Retirement System under section 457 of this title. See
• Membership service: means service rendered while a member of the Retirement System. See
• Monetary value: means a medium of exchange, whether or not redeemable in money. See
• Money: means a medium of exchange that is authorized or adopted by the United States or a foreign government. See
• Money services: means money transmission, check cashing, or currency exchange. See
• Money transmission: means to engage in the business of selling or issuing payment instruments, selling or issuing prepaid access, or receiving money or monetary value for transmission to a location within or outside the United States. See
• Municipality: means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services. See
• Municipality: means a town, city, or incorporated village. See
• Normal retirement date: means :

• NRCS: means the "Natural Resources Conservation Service" formerly named the "Soil Conservation Service" of the U. See
• Oath: shall include affirmation where by law an affirmation may be substituted. See
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Professional Regulation. See
• Option: means an agreement giving the buyer the right to buy or receive (a "call option"), sell or deliver (a "put option"), enter into, extend, or terminate or effect a cash settlement based on the actual or expected price, level, performance, or value of one or more underlying interests. See
• Packaged maple syrup: means maple syrup packed in containers of five gallons or less. See
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payment instrument: means a check, draft, money order, traveler's check, or other instrument for the transmission or payment of money or monetary value, whether or not negotiable. See
• Pension: shall mean annual payments for life derived from contributions by the State. See
• Person: means individuals, groups of individuals, partnerships, limited partnerships, corporations, companies, cooperatives, and associations. See
• Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. 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
• person: as used in this chapter , shall include corporations, companies, societies, and associations. See
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plant canopy: means the square footage dedicated to live plant production and does not include areas such as office space or areas used for the storage of fertilizers, pesticides, or other products. See
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Political subdivision: means any county, city, town, or other municipality. See
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prepaid access: means funds or monetary value represented in digital electronic format, including virtual currency, whether or not specially encrypted, that are stored or capable of storage on electronic media and are retrievable and transferable electronically. See
• Principal: means one of the following:

• Principal display panel: shall be construed to mean that part of a label that is so designed as most likely to be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. See
• Prior service: shall mean service rendered prior to the date of membership in the Retirement System for which credit was given under the terms of one or both of the predecessor systems as set forth in section 458 of this title. See
• Probate: Proving a will
• Processor: means a person who annually buys, or otherwise acquires from another person, 2,500 gallons of maple syrup or more for purposes of packaging for resale, processing into associated products, or for resale in bulk. See
• product manufacturer: means a person licensed by the Board to manufacture cannabis products in accordance with this chapter. See
• propagation cultivator: means a person licensed by the Board to cultivate cannabis clones, immature plants, and mature plants in accordance with this chapter. See
• Public eating place: means any person or establishment engaged in the business of preparing and selling food for the general public's consumption on premises and who is subject to the license requirement of 18 V. See
• Quorum: The number of legislators that must be present to do business.
• RAPs: means "Required Agricultural Practices" as defined by the Secretary of Agriculture, Food and Markets pursuant to subchapter 1 of this chapter. See
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Regenerative farming: means a series of cropland management practices that:

• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• retailer: means a person licensed by the Board to sell cannabis and cannabis products to adults 21 years of age and older for off-site consumption or cultivation in accordance with this chapter. See
• Retirement System: shall mean the Vermont State Retirement System as defined in section 456 of this title. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• Secretary: means the Secretary for the Vermont Agency of Agriculture, Food and Markets or his or her designee. See
• Secretary: means the Secretary of Transportation. See
• Secretary: means the Secretary of Agriculture, Food and Markets. See
• Secretary: means the Secretary of Agriculture, Food and Markets. See
• Service: shall mean service as an employee for which compensation is paid by the State. See
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Small cultivator: means a cultivator with a plant canopy or space for cultivating plants for breeding stock of not more than 1,000 square feet. See
• Small farm: is a n AFO that houses no more than 199 mature dairy animals; 299 cattle or cow/calf pairs; 299 veal calves; 749 swine weighing over 55 pounds; 2,999 swine weighing less than 55 pounds; 149 horses; 2,999 sheep or lambs; 16,499 turkeys; 8,999 laying hens or broilers with a liquid manure handling system; 24,999 laying hens without a liquid manure handling system; 37,499 chickens other than laying hens without a liquid manure handling system; 1,499 ducks with a liquid manure handling system; or 9,999 ducks without a liquid manure handling system. See
• Statute: A law passed by a legislature.
• Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See
• Subpoena: A command to a witness to appear and give testimony.
• Successor in interest: means the mental health hospital owned and operated by the State that provides acute inpatient care and replaces the Vermont State Hospital. See
• Summons: Another word for subpoena used by the criminal justice system.
• Surface water: means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and all bodies of surface waters that are contained within, flow through, or border upon the State or any portion of it. See
• sworn: shall include affirmed. See
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• testing laboratory: means a person licensed by the Board to test cannabis and cannabis products in accordance with this chapter. See
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Village: shall mean an incorporated village. See
• Virtual currency: means a digital representation of value that:

• Warrant: means an instrument that gives the holder the right to purchase an underlying financial instrument at a given price and time or at a series of prices and times outlined in the warrant agreement. See
• wholesaler: means a person licensed by the Board to purchase, process, transport, and sell cannabis and cannabis products in accordance with this chapter. See
• Withdrawal: means the intentional diversion from a surface water by pumping, gravity, or other method for the purpose of being used for irrigation for farming, livestock watering, or other uses for farming. See
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.