Ag Housekeeping Bill, H.656 – Detailed Summary

One of the bills that was allowed to continue after the COVID pandemic moved the Legislature to virtual sessions was H.656, now Act 129. Titled: “An act related to miscellaneous agricultural subjects”, this bill was signed into law by the Governor on July 1st. 

Such a “miscellaneous” bill traditionally facilitates a series of technical corrections that the Agency of Agriculture, Food and Markets brings to the lawmakers’ attention. It is also usual for lawmakers to use such a bill as a vehicle for new provisions that would be unlikely to pass independently. So again, this year, the end result is 50 pages long and includes 33 sections. We did our best to summarize those sections that appeared to be the most relevant for you, beginning with those sections that are related to Rural Vermont’s policy priorities. You can read the entire bill here. Please contact Caroline Gordon, Rural Vermont’s Legislative Director with your questions and comments. 

  • ATTENTION FARMERS:

    • Section 24 extends the renamed PAYMENT FOR ECOSYSTEM SERVICES AND SOIL HEALTH WORKING GROUP to continue their work until February 1, 2022. There will be five new members of the working group: a person engaged in farming other than dairy farming; a representative of an environmental organization; an agricultural economist; an ecosystem services specialist from UVM Extension; and a soil scientist. Additionally, AAFM is formally designated to provide administrative, technical, and legal assistance to the Working Group.

  • ATTENTION HEMP GROWERS:

    • Section 25 allows AAFM to continue to operate the hemp pilot program during the 2020 growing season and growers shall not be in violation of the upcoming repeal of the federal Agricultural Improvement Act of 2018 on October 31, 2020, for growing or cultivating hemp during the 2020 hemp season or marketing of hemp grown during the 2020 hemp season. 

    • Section 26 establishes labeling standards for hemp seeds, establishing important germination standards, feminized seed claims and protection from contaminants. AAFM’s rulemaking authority was extended to establish certification requirements for hemp seed and to potentially require the disclosure or labeling of the amount of cannabinoid in the seed.

  • ATTENTION DAIRY FARMERS:

    • Section 31 launches a critical review, by the Commissioner of Financial Regulation, of the federal milk market order pricing system for dairy farmers to collect and assess data on the long-term sustainability and fairness to the dairy farming community in Vermont. A report on this review is due on January 15, 2021, and shall include: “recommendations for revising regulated dairy pricing and other market regulation in the State to improve the future viability of Vermont dairy farming.” A Task Force to Revitalize the Vermont Dairy Industry will be established (not later than 45 days after submission of the report) including legislators and experts to implement the recommendations with draft legislation by December 15, 2021. 

  • ATTENTION BEEKEEPERS:

    • Please be aware of more stringent regulations and timeframes:

      • Section 5 includes the new obligation for beekeepers to notify the Secretary of Agriculture as soon as practicable of the detection within an apiary or hive of American foulbrood disease or other disease designated by the Secretary. 

      • Section 7 changes that a person selling bees should have the apiary inspected prior to sale and once each summer instead of generally twice during summer season.

      • Section 8 changes the import requirement for colonies or used equipment to: 

        • have a certificate of inspection from the state or country of origin not older than 45 days prior to the import, a tighter timeframe than the previous 60 days. 

        • providing the Secretary with an approved import permit and certificate of inspection not less than 10 days prior to the import. Previously, submitting a copy of the inspection certificate 72 hours after entry into the State was sufficient. 

        • An import permit is not required for bees, used equipment, or colonies, that are transported within a 75 miles radius of their Vermont origin and are imported back into the State within 30 days, instead of the previous 90 day allowance. 

  • ATTENTION MEAT PRODUCERS & PROCESSORS:

    • Section 2 codifies a duty for a livestock dealer, transporter, or packer to keep records when not otherwise already required by State or federal law. The records include:

      • all livestock purchased, repossessed, sold, or loaned including their official individual identification number,

        contact information of the person from whom livestock was obtained and to whom delivered.

    • Section 4 allows the Secretary of Agriculture to waive the USDA Animal Traceability rule on the official identification for interstate movement of livestock for certain types or categories of intrastate transport of livestock.

    • Section 11 strikes domestic rabbits from the definition of “Livestock” and “Meat food product” in 6. V.S.A. § 3302, effectively not requiring a VT meat inspection for rabbits. Restaurants still have to be FDA approved before selling rabbit meat, and be aware of differentiating requirements in other states that might apply to your business sales.

  • ATTENTION FARMERS MANAGING MANURE:

    • Section 15 amends the requirements for custom applicators and excludes the “application of manure or nutrients by farm owner or operator on a field of another farm owner or operator when the total annual volume applied is less than 50 percent of the annual manure or agricultural waste by volume generated on the farm where the manure is spread, provided that the Secretary may approve the application of more than 50 percent of the annual manure generated on a farm by another farm operator when circumstances require and application of the manure would not pose a significant potential of discharge or runoff to State waters.” Yet, the Secretary of Agriculture may require compliance with the requirements for certification of a custom applicator.

    • Section 16 gives the Secretary the authority to require reports and prohibit the transport of non-sewage wastes to a farm for the deposit in a manure pit or the use as an input in a methane digester. 

  • ATTENTION FARMERS & FOOD PRODUCERS:

    • Section 17 establishes a comprehensive catalog of definitions for the labels “Local,” “Local to Vermont,” “Locally Grown,” and “Made in Vermont.” Check out those definitions beginning on p. 20 of the bill to see if they affect your current labels. Compliance is required by January 1, 2021. 

Rural Vermont