§ 3304 - Powers of the secretary
§ 3304. Powers of the secretary
In order to accomplish the objectives stated in section 3303 of this title, the secretary shall:
(1) by rules require ante mortem and post mortem inspections, quarantine, segregation and reinspections with respect to the slaughter of livestock and poultry and the preparation of livestock products and poultry products at all establishments in this state, except those exempted by him or her under subdivision (13) of section 3305 of this title, at which livestock or poultry are slaughtered or livestock products or poultry products are prepared for human food solely for distribution in intrastate commerce;
(2) by rules require the identification of livestock and poultry for inspection purposes and the marking and labeling of livestock products or poultry products or their containers, or both, as "Vermont Inspected and Passed" if the products are not found upon inspection to be adulterated and "Vermont Inspected and Condemned" if they are found upon inspection to be adulterated, and the destruction for food purposes of all the condemned products under the supervision of an inspector;
(3) prohibit the entry into official establishments of livestock products and poultry products not prepared under federal inspection or inspection pursuant to this chapter and further limit the entry of these articles and other materials into establishments under conditions which he or she deems necessary to accomplish the purposes of this chapter;
(4) by rules require that when livestock products and poultry products leave official establishments they shall bear directly on the products or on their containers, or both, as he or she may require, all information required under subdivision (25) of section 3302 of this title; and require approval of all labeling and containers to be used for the products when sold or transported in intrastate commerce to assure that they comply with the requirements of this chapter;
(5) investigate the sanitary conditions of each establishment within subdivision (1) of this section and withdraw or otherwise refuse to provide inspection service at any establishment where the sanitary conditions are such as to render adulterated any livestock products or poultry products prepared or handled there;
(6) adopt rules relating to sanitation for all establishments required to have inspection under subdivision (1) of this section, or required to be licensed under section 3306 of this title;
(7) by rules require that the following classes of persons shall keep records and for periods as are specified in the rules to fully and correctly disclose all transactions involved in their business, and afford to the commissioner and his or her representatives, including representatives of other governmental agencies designated by him or her, access to places of business, and opportunity, at all reasonable times, to examine the facilities, inventory and records, to copy the records, and to take reasonable samples of the inventory upon the payment of the fair market value, any persons that engage in or for intrastate commerce:
(A) in the business of slaughtering any livestock or poultry, or preparing, freezing, packaging or labeling, buying or selling as brokers, wholesalers, or otherwise, transporting, or storing any livestock products for human or animal food;
(B) in business as renderers or in the business of buying, selling or transporting any dead, dying, disabled or diseased livestock or poultry, or parts of the carcasses of any of these animals including poultry, that died otherwise than by slaughter; or
(C) who are required to be licensed under section 3306 of this title. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003.)