On April 17, we mark the International Day of Peasant Struggles, an annual action day that brings rural communities together around the world to honor the ongoing struggle and resistance of agrarian workers everywhere in their pursuit of justice, dignity, and food sovereignty.
In Vermont, we commemorate this day during a week where we have witnessed Palestinian man Mohsen Mahdawi detained in Colchester during a scheduled citizenship interview, despite his decade long status as a lawful U.S. permanent resident, an arrest that Vermont federal delegation Sanders, Welch, and Balint have called “immoral, inhumane, and illegal.” This detention occurred as protesters gathered to condemn the arrest and detention of Tufts doctoral student Rümeysa Öztürk from Turkey, who was taken into custody by US Homeland Security agents in plain clothes and brought to Vermont before landing in an ICE detention center in Louisiana.
Also this week, agrarians gathered for a Farmer Day of Action outside of USDA offices in Middlebury to speak about the impact of USDA program cuts, tariffs, and the immigration stresses on themselves as farmers and farmworkers.
There is a continued need to stand up for ourselves, our friends, neighbors, and demand justice, dignity, and safety for our communities during a dangerous time where our constitutional rights are at stake. We encourage our network to show solidarity and for each individual to take mindful steps within your reach. Our work here in Vermont is part of and connected to an unwavering global fight for farmer and farmworker rights, and against genocides, wars, violations of people's sovereignty, constitutional rights, and the corporate control and domination over our food system.
Rural Vermont stands with Vermont farmers and farmworkers, alongside La Via Campesina, the international movement of peasants, youth, women, men, and diversities, migrants, rural and landless agrarian workers, fisherfolk, and indigenous peoples, who come together in unity with hope, connection, and unwavering determination to confront the multifaceted crises agrarian communities face here at home and around the world.
It is unclear when the 2025 Legislative Session will wrap up, but we are working with the assumption that it will be at the end of April or early May. Read on for opportunities for action around: Cannabis, Cottage Foods, Future Agricultural Land Use Planning, Exempting Multi-Use Structures from Act 250, and Phasing out PFAS from Pesticides. Now is the time to make calls and write emails to legislators on the issues that are most important to you! Some of these issues might not gain traction without legislators hearing from their communities. Your action this week and next could leverage change.
Please join us for our final advocacy training and Small Farm Action Day of this year - next week on April 22 (advocacy training) and 23 (Small Farm Action Day) RSVP here.
Table of Contents
Fair Markets for Regulated Cannabis Producers
Ferments vs. Sugars - How should Cottage Foods be Regulated?
Future Agricultural Land Use Planning
Exempting Multi-Use Structures from Act 250
Phasing out PFAS from Pesticides
Farm Security Special Fund
Protections from Nuisance Suits for Farms (“Right to Farm”)
Fair Markets for Regulated Cannabis Producers
S.321 - the miscellaneous cannabis bill - was introduced in the Senate Committee on Economic Development last week, and testimony will begin this week, on Wednesday the 16th.
Rural VT and the Vermont Cannabis Equity Coalition have been organizing, educating, and advocating together with many of you, since prior to the adult-use market launching in Vermont. The majority of our collective voices and recommendations are not being listened to or implemented by most policymakers, and rarely reported on by the media, despite being so broadly representative and being the predominant stakeholder voices that come before the committees in the statehouse that have jurisdiction over cannabis. We anticipate the Senate being more receptive to our recommendations than the House, but we need your help now as testimony begins in the Senate.
There are a few ways you can support:
1. Contact your representative (locate their contact info here) by phone or email using the language in the sign-on for reference and your own sentiments to guide your comments.
2. You can contact members of the Senate Committee on Economic Development in a similar fashion.
3. In order to more broadly demonstrate the support in our communities, and across particular demographics, for essential reforms to the laws governing Vermont's adult-use cannabis economy, the revenue coming from it, and the medical cannabis program, we invite you to sign and share this sign-on letter.
This document is an opportunity for you to indicate your support for the recommendations of the VT Cannabis Equity Coalition - all of which have been deeply informed by our work with a variety of affected constituencies over time. Please read our recommendations and, if you are in support, take the opportunity to sign onto the following letter to Vermont State Senators and Representatives.
Ferments vs. Sugars - How should Cottage Foods be Regulated?
We have long been hearing from members and the community about the need to update Vermont’s Cottage Food laws, particularly the outdated and limited income caps for cottage food manufacturers operating below licensing requirements. Food manufacturing businesses are defined in 18 V.S.A. § 4301 (a) (7) as “all buildings, rooms, basements, cellars, lofts, or other premises or part thereof used, occupied, or maintained for the purpose of manufacturing, preparing, packing, canning, bottling, keeping, storing, handling, serving, or distributing food for sale.” Those who bake or manufacture foods from home are exempt from licensing requirements with the Department of Health when they sell less than a specific annual dollar amount. Currently, someone who adds value to raw agricultural products in their home kitchen needs a license when their gross annual sales exceed $10,000. Similarly, home bakers need licensing when they exceed $6,500 in gross annual sales. H. 401 proposes to update these income thresholds for the licensing requirements of these so-called cottage food producers to $30,000 gross annual sales.
Good to know: Under the current law, cottage food manufacturers need to go through the Department of Health to claim that they’re qualified for the exemption from licensing requirements. The broad definition of “Food manufacturing businesses” is inclusive of canned foods such as pickles and sauces and they are exempt from licensing below the income cap of $10,000. However, producers may need to provide documentation of their production process as required by rule. For example, the Department of Health may ask producers of low-acid canned foods or acidified foods to provide documentation to show there are no biological concerns with the food production process. Learn more about the Manufactured Food Rule here.
Update: H. 401 passed the House and is currently being considered by the Senate Committee on Health and Welfare. The Department of Health (DOH) provided testimony on April 16 (recording here) with suggested changes to the bill that would create a different category of cottage foods for potentially more hazardous foods, specifically: canned foods like pickles, other fermented foods, hot sauces and any other sauce. The DOH suggests that producers of such canned foods should undergo a virtual training at no cost and that the income cap for those exempt products should not be raised above the current cap of $10,000 (See the recommended changes here.)
The DOH cites scientifically founded health risks associated with preserved foods that require temperature and pH control as the reasons for their recommendations. Specifically, poorly manufactured canned foods can have a higher risk of botulism, salmonella and listeria. The DOH cited no recent cases for botulism, an average of 3 cases of listeria per year, and many cases of salmonella, though it was not clear if these cases originated from exempt food manufacturing businesses. In their testimony to the House Agriculture Committee the cases they referenced all originated from licensed catering businesses that didn’t properly store foods (see the DOH testimony to the House Committee on Agriculture here).
In the DOH’s proposal, the income cap would still be raised to $30K for baked goods and non-hazardous manufactured foods like candies, jams, jelly’s, dried herbs, trail mix, granola, mixed nuts, flavored vinegar, and popcorn.
**To date, neither Rural Vermont staff nor members have been invited to testify on this bill in the Senate and it’s unlikely that it will be referred to the Committee on Agriculture as it needs to go through both money committees to make it through the whole process this year.
Action Alert!
If you produce pickles, sauerkraut, tomato sauce or other non sugary preserves from your garden in your home kitchen for sale, then the Senate Committee on Health and Welfare needs to hear from you!
On April 16 the Department of Health recommended in testimony to create a new regulatory category for home-produced canned goods that wouldn’t benefit from the raise of the income threshold with H.401.
Do you make and sell cottage foods? Would you if you could? Want the ability to buy them from your local farmer? Contact the Senate Committee on Health and Welfare and tell them that home scale production of cottage foods is a safe, important, and traditional aspect of feeding our communities; expanding the income cap on value-added, home-scale goods could significantly help diversify farm incomes. The committee welcomes written testimonials, please email Committee Assistant Kiki Carasi-Schwartz at kcarasi-schwartz@leg.state.vt.us
Here’s how to take action
Here’s a sample message for you to express your support for H.401:
“Dear Senate Committee on Health and Welfare,
Please vote favorably on H.401. Vermont needs to increase its supply of locally produced foods and H.401 would be an important step to support small-scale food producers and bakers by raising the outdated income thresholds for their exemption from licensing requirements and make them more in line with allowances in other states.
Please oppose the creation of a new regulatory category for non-sugary home produced canned goods in H.401. Producers of pickled and fermented farm foods have been feeding their farms and communities for generations through traditional preservation methods. These foods help offer steady access to locally produced, preserved foods for rural communities, those who struggle with food access, and all. Producers of these foods deserve to have the inspection income threshold raised to allow them to diversify their farm businesses, increase food access, and strengthen the agricultural economy. The Senate Committee on Health and Welfare has not heard testimony on this bill from farmers or producers. Please bring in farmer voices and hear about the importance of this bill for agrarian communities.
I am a food manufacturer/ baker, we produce … seasonally/ year round. We produce our products at home and … (explain why you think home food production is safe). We sell our products … . For us H.401 is important because … .
Please bring H.401 to a vote soon and please use your vote to move the bill favorably.
Yours sincerely,
Your name/ business name/ town”
You can email this directly to the Senate Committee on Health and Welfare members:
Sen. Virginia "Ginny" Lyons, Chair: vlyons@leg.state.vt.us
Sen. David Weeks, Vice Chair: dweeks@leg.state.vt.us
Sen. Ruth Hardy: rhardy@leg.state.vt.us
Sen. Martine Larocque Gulick: mgulick@leg.state.vt.us
Sen. Terry Williams: tkwilliams@leg.state.vt.us
Future Agricultural Land Use Planning
Rural Vermont has been advocating with support from the Land Access and Opportunity Board for the Vermont General Assembly to mandate Regional Planning Commissions (RPC) to issue Future Agricultural Land Use maps. RPCs are revising the Land Use sections of their Regional Plans in 2025 to implement the Act 250 reform law Act 181 (2024). Unfortunately, those maps do not include agricultural land on their Future Land Use maps, nor does Act 181 (2024) include a mandate to show where agricultural land is at risk for conversion or available for future agricultural use.
Update: The Senate Committee on Agriculture said that the legislature does not want to address this issue this year and that there’s reluctance to reopen Act 181 of 2024.
Action Alert!
Reach out to the Chair of the Senate Committee on Natural Resources and Energy, Senator Anne Watson (awatson@leg.state.vt.us) and your Senator (find your Senator here). Here’s a list of talking points you can use in your outreach. Ask them to: “Include a mandate of Regional Planning Commissions to issue Future Agricultural Land Use Maps as an amendment to the miscellaneous environmental subjects bill H.319 in the Senate.”
Planning without an eye towards protecting farmland from development is shortsighted!
Act 181 of 2024 is an example of continued underrepresentation, as farmers have not been considered in the making of Vermont's Future Land Use Plans because Act 181 of 2024 was never considered by the Committees on Agriculture, and farmers never testified on this Land Use law.
Now is an opportune moment to fix this void because Regional Planning Commissions (RPCs) will be revising their Future Land Use maps. Emphasize the need to avoid redundant costs because RPCs will have to plan with all towns if they narrowly focus on the implementation of Act 181, and neglect planning for the future of Vermont farmland.
Fixing Act 181 (2024) is a technical correction to an oversight, planning for future agricultural use, and not a new policy.
Exempting Multi-Use Structures from Act 250
Agriculture is exempt from Act 250. However, recent changes from Act 181 (2024) now prescribe Act 250 permitting of Accessory On-Farm Businesses that make improvements for farm events or farm stays. The new language of the law (Act 181 of 2024, p. 25) did not mention multi-use structures at all. They are explicitly exempt from municipal zoning (24 V.S.A. § 4413 (d)(1)(a)).
Update: The Senate Committee on Agriculture is supportive in addressing this issue with the House version of the miscellaneous agricultural bill that they are currently working on, H.484. While we haven’t seen the specific language they are considering to date, Senator Joe Major made remarks during a committee discussion on April 15 that the language might not be a blanket exemption of multi-use structures as Rural Vermont members are requesting but that they will rather consider some version of permitting each individual event in multi-use farm structures on a case by case basis as the Land Use Review Board recommends. Watch the committee discussion from April 15 here.
Rural Vermont is working with members to identify additional challenges brought about by Act 181 in 2024. Be in touch with caroline@ruralvermont.org to share your thoughts.
Action Alert!
Reach out to the Senate Committee on Agriculture to express your support for multi-use structures to be clearly exempt from Act 250 permitting - without case by case event permitting.
Here’s a draft message for your outreach:
“Dear Chair Ingalls and Vice Chair Major,
Please support Rural Vermont’s language to clarify that new or existing multi-use agricultural structures are exempt from Act 250 permitting through amending 10 V.S.A. 6081 (t) (1):
"No permit or permit amendment is required for the construction of improvements used as part of an accessory on-farm business as defined in 24 V.S.A. § 4412(11), including for hosting events, as long as the new or existing structure is primarily used as a farm structure as defined in 24 V.S.A. § 4413(d)(2)(A). This subsection shall apply to new or existing structures."
Agriculture has always been exempt from Act 250 permitting, and the current law is ambiguous with regards to multi-use structures. It is important to me that the legislature clarifies that farm structures are exempt from Act 250 permitting, just as they are exempt from municipal zoning. Farmers should not jump through hoops of a case-by-case permitting structure, but I favor for multi-use structures to be exempt from Act 250 permitting just as the multi-use of structures is exempt from municipal zoning.
This issue matters to me because…
I appreciate your support for clarifying this issue with the miscellaneous agricultural bill, H.484.
Sincerely,
Your name/ farm name (if applicable)/ town”
You can email this directly to Chair Ingalls and Vice Chair Major:
Sen. Russ Ingalls, Chair: ringalls@leg.state.vt.us
Sen. Joseph "Joe" Major, Vice Chair: jmajor@leg.state.vt.us
Phasing out PFAS from Pesticides
The Vermont Pesticides and Poisons Action Network (VTPAPAN) and the VT PFAS/Military Poisons Coalition is advocating for H.238 on the phaseout of consumer products containing added perfluoroalkyl and polyfluoroalkyl substances in a nuanced way. The coalition supports the passage of the bill because of its imperative to eliminate PFAS in consumer products.
However, the bill eliminates pesticides from the phase-out, whereas they previously had been included in Act 131 (2024). That is troubling, and we call to action to support these coalitions in their request to add pesticides back into the purview of H.238!
Action Alert!
Contact the Senators from the Committee on Health and Welfare (contact info on the committee webpage here).
Here’s a sample message:
“Dear Senator…,
The omission of pesticides with PFAS from H.238 leaves a large, easily dispersed source of PFAS unregulated. It leaves important and difficult work on the table for the near future if we are to truly protect this state from PFAS. There are at least twenty-four EPA-registered pesticides with PFAS active ingredients used in Vermont at significant amounts.
This issue matters to me because… .
Please uphold the legislative intent of Act 131 (2024) and make sure pesticides are included in the phase out of PFAS.
Respectfully,
Your name/ town“
Farm Security Special Fund
S.60 - which proposes the creation of a Farm Security Special Fund for the purposes of supporting farmers and potentially loggers to recover from extreme weather events - is currently in the House Committee on Agriculture, Food Resiliency, and Forestry. Rural Vermont recently testified again in support of the bill, and we are continuing to join allied organizations in meetings to respond to progress and questions raised.
There is substantial support for the fund itself, but there are a number of questions being raised related to who and what are covered, and how money is dispersed, etc. At this point, it would be helpful to let your representatives know that you support this bill, and that it is critical that enough money is appropriated for it to be effective (find your Representative here). The coalition is asking for $20 million, and we were told in the Senate that they are working to get $7.5 million. The estimated need for agricultural operations alone (not including loggers or aspects of forestry operations) in full was more than $40 million based on past numbers.
We’ll continue to keep you updated on this bill and let you know if there are critical moments moving forward for you to act.
Protections from Nuisance Suits for Farms (“Right to Farm”)
S.45 continues to be heard in the House Judiciary Committee. There is a new draft of this legislation that was brought to committee by legislative council on April 9th which proposes significant changes to previous drafts, and which we are working to understand.
We have in general not heard any suggestions this year, or in recent years, from our members to expand the current protections from nuisance suits that farmers have in Vermont. We have heard some concerns from members about this legislation given how “right to farm” laws in states around the country (which are different state by state) have impacted communities’, and small farms’, abilities to hold large poultry and hog operations owned by large corporations accountable for the human and environmental health impacts they create, and to have a degree of local control over the impacts to local communities and how to respond. We have been told by one organizational representative working in another state that the “right to farm” laws there were part of what supported large corporate hog farms pushing independent dairy out of their state. We also recognize, and national allies fighting “right to farm” in their states have acknowledged, that (to our knowledge) even the largest dairy farms in VT are independently owned farms, and that we do not face the same non-local corporate actors and degree of threat posed by the operations they manage here right now, making this more complicated here. We do have some basic concerns with the existing statute - such as only pre-existing farming operations being entitled to the “rebuttable presumption” to nuisance, and it being unclear what types of changes in farming practice or type, etc. may qualify something as non-eligible for the rebuttable presumption - which this bill has sought to address. We also have concerns and questions about the draft which passed through the Senate.
We are working our way through the latest draft to understand its implications, in the process of hearing from members and other organizations about this bill, and determining how and whether to provide testimony. Please reach out to caroline@ruralvermont.org if you have thoughts to share or if you’re interested in testifying on this bill.