Section 20 011 006 - VERMONT SEAL OF QUALITY INTERIM PROGRAM RULESection 1 Authority1.1 These rules are authorized by 6 V.S.A. § 1(a)(10), 6 V.S.A. § 2964, and Sec. 6e of Act No. 78 (2009 Adj. Sess.) to implement an interim Seal of Quality Program. Section 2 Definitions 2.1 "Vermont Seal of Quality" means a symbol of the following design: an oval border enclosing the word "Vermont" written in script form, a red clover flower head attached to the top of the left branch of the word "Vermont"; three clover leaves projecting to the left, immediately below the clover head; the words "Seal of Quality" printed on a plane with and to the right of the clover head; and the words "Agency of Agriculture, Food and Markets" printed below the word "Vermont." The border, clover leaves and word " Vermont " are green and the clover head is red. The background of the seal is white.2.2 "Maple product" means only maple syrup, maple sugar, maple cream, or any other products in which the sugar content is entirely derived from pure maple sap, such product is made from pure maple syrup or maple sugar, and contains no other ingredients except that cream, nuts, and butter may be ingredients of maple fudge produced in Vermont.2.3 "Maple syrup" means pure maple syrup which is the liquid derived by concentration and heat treatment of the sap of the maple tree (Acer). Maple syrup shall not be processed in any manner which adds or removes naturally occurring soluble materials. The limitation does not preclude the use of approved filter aids used for the sole purpose of assisting the removal of suspended material or the use of de-foaming agents approved by the Secretary.2.4 "Dairy product" means milk, cheese, cream, ice cream, or frozen dairy products as those products are defined in the following US Code of Federal Regulations and USDA Standards for Grades of Butter: Milk-21 CFR.131.110
Cream- 21 CFR 131.150 through 131.157
Yogurt - 21 CFR 131.200 through 131.206
Ice Cream and Frozen Desserts - 21 CFR 135.3 through 135.160
Cheese - 21 CFR 133.3 through 133.196
Butter-USDA Standards for Grades of Butter § 58.2621
2.5 "Secretary" means the Secretary of Agriculture, Food and Markets or his or her designee.2.6 "Person" means any natural person, corporation, partnership, or other legal entity.Section 3 General Eligibility, Application, and Administration 3.1 Use of the Vermont Seal of Quality shall be limited to maple and dairy products that have been produced, processed or packaged within the state of Vermont and otherwise meet the requirements set forth in subdivision (b) of Sec. 6e(b) of Act 78 (2010 Adj. Sess.) and the provisions of this rule.3.2 Dairy or maple products processed or packaged outside of Vermont may be eligible for the Vermont Seal of Quality as long as the primary ingredient in the dairy or maple product comes from Vermont and has not undergone substantial transformation as required under Section 4 of this rule.3.3 Only those persons lawfully operating in Vermont and in good regulatory standing with the Secretary shall be eligible to use the Vermont Seal of Quality on maple or dairy products that meet the requirements of this rule.3.4 An application for use of the Seal shall be accompanied by a fee for each maple or dairy product to which the applicant seeks authority to apply the Vermont Seal of Quality, according to the following fee schedule: One maple or dairy product | $ 175 |
Two maple or dairy products | $ 225 |
Three maple or dairy product | $ 275 |
Four maple or dairy products | $ 325 |
Five or more maple or dairy products | $ 375 |
3.5 The following dairy products types shall each be considered as a single product for purposes of application fee:a. milk or cream (whole, skim, 2%, light, heavy, etc),b. cheese (all varieties),c. butter (all varieties),e. ice cream and frozen desserts.3.6 The following maple products shall each be considered as a single product for purposes of application fee: b. candy (including fudge), and3.7 Each application shall be self-certifying as to compliance with the requirements of this rule and any standard expressly incorporated into this rule.3.8 If the Secretary denies the application or rejects a particular product as ineligible for the Seal, the Secretary shall notify the applicant in writing and provide the applicant with an opportunity for a hearing. The burden of proof in such case shall be carried by the applicant. The Secretary shall follow the same fair hearing notice and process set forth in 6 V.S.A. § 16.3.9 If an application is approved, the Secretary shall issue a non-transferrable authorization for the applicant to use the Vermont Seal of Quality on the approved product or products. 3.10 The authorization to use the Vermont Seal of Quality issued under this rule shall be valid until June 30, 2011, unless extended by law or unless revoked or suspended sooner for non-compliance with these rules or other lawful cause, after notice and opportunity for hearing as otherwise provided by law. The burden of proof in such case shall be carried by the Secretary.Section 4 Representations of Vermont Origin4.1 No maple or dairy product shall be eligible to bear the Seal of Quality unless the product and its label conform to the Vermont Origin Rule, VT ADC 06 031 021, Rule CF120 (Representations of Vermont Origin).Section 5 Dairy Product Standards5.1 All dairy products packaged under the Vermont Seal of Quality shall be processed in a facility holding a valid Vermont Milk Handler's License or a Frozen Dessert License and conform to all existing Vermont standards and regulations pertaining to milk, cream, ice cream and frozen dairy products as set forth in Title 6 V.S.A. Chapter 151 (Dairy Operations), Chapter 153 (Standards and Purity) and Chapter 155 (Frozen Desserts) and the Code of Federal Regulations referenced in Section 3.2 of this rule. Dairy products must also meet the standards in Section 5.2 of this rule.5.2 Product Standards 5.2.1. Pasteurized Milk, Low Fat, Non-fat, or Skim Milk; Half and Half; Cream; and Light Whipping Cream: a. Temperature shall not exceed 450F. until delivered to the consumer.b. Bacterial limits shall be 20,000 per ml.c. Coliform limits shall be less than 0 per ml.d. Phosphatase limits shall be less than 350 mu/liter.5.2.2. Ice Cream and Frozen Dairy Products: a. Bacterial limits shall be 20,000 per gram.b. Coliform limits shall be less than 0 per gram.5.2.3. Cheese, butter, yogurt and other dairy projects shall conform to standards set forth in the relevant parts of the Code of Federal Register referenced in Section 3.2Section 6 Maple Product Standards 6.1 All maple products packed under the Vermont Seal of Quality shall conform to the existing standards set forth in Title 6, Chapter 32 and the Vermont Maple Products Regulations and the additional standards set forth in this section.6.2 Grades 6.2.1. The only grades of maple syrup upon which the Seal of Quality may be used shall be grades which are equivalent to Vermont Fancy, Vermont Grade A Medium Amber, Vermont Grade A Dark Amber, and Vermont Grade B.6.2.2. Such syrup shall be definitely and unquestionably equal to or above the minimum limits of color and flavor established for the specified grade by the Vermont Maple Law and Regulations.6.3 Filtering. The only maple syrup upon which the Seal of Quality may be used shall consist of 100 percent pure maple syrup which has been filtered at the time of packing and is free of any material other than pure, clear, clean, liquid maple syrup in sanitary condition.6.4 Packing 6.4.1. All maple syrup packed under the Vermont Seal of Quality shall be packed at a temperature of 1800F. or higher. The Secretary may grant an exemption to this provision for special cases which would involve new marketing procedures on an experimental basis.6.4.2. All containers or packages of maple products packed under the Vermont Seal of Quality shall be marked with a code furnished to indicate the date such containers were packed.6.4.3. The packer shall accept for replacement any containers of maple products which have been opened for inspection by the Secretary's designees. Such products are to be replaced with unopened containers of equal quality, thus ensuring hot-pack condition.6.5 Maple Products Other Than Syrup 6.5.1. The only maple products upon which the Seal of Quality may be used shall be made from pure maple syrups.6.5.2 Products made from such syrup shall contain no sugars, except pure maple sugar, and contain no other ingredients except that cream nuts, and butter may be ingredients of maple fudge.6.6 Packing Facilities. The facilities in which Seal of Quality maple products are packed shall be kept neat, clean, sanitary, and free from objectionable odors at all times and shall contain such equipment as is necessary to pack maple products in a manner which satisfies the relevant requirements of the Vermont Maple Law and Regulations and the regulations herein.Section 7 Enforcement7.1 It is unlawful to use or allow another person to use the Seal of Quality without written authorization from the Secretary.7.2 These rules, unauthorized use of the Seal, and alleged misuse of the Seal by authorized users may be enforced by the Secretary under the provisions of V.S.A. Title 6, Chapter 1, and 6 V.S.A. § 2965, or as otherwise allowed by law.7.3 The Secretary shall refer alleged violations of the Representations of Vermont Origin Rule, CF120, incorporated into the Seal of Quality Interim program under Section 4 of these rules, to the Attorney General for potential enforcement action under V.S.A. Title 9 or as otherwise allowed by law.7.4 False or misleading material statements made with intent to defraud by an applicant during the application process for use of the Seal of Quality may be referred for potential prosecution as a false claim under 13 V.S.A. § 3016.Section 8 Conflicts in Standards 8.1 These rules are promulgated to implement a limited Seal of Quality Program on an interim basis. Any conflict in the standards set forth in these rules or between the standards in this rule and the standards incorporated by reference within these rules shall be resolved in the applicant's favor as long as consumers are not mislead and product safety is not compromised.Section 9 Repealing Provision 9.1 Any Agency rules for the Seal of Quality program which existed prior to the effective date of these rules are hereby repealed.Section 10 Effective Date 10.1 These Rules are effective April 25, 2011.10.2 Notwithstanding the provisions of subsection 10.1 of this section, any person that has maple products or dairy products in commerce bearing the Vermont Seal of Quality without written authorization from the Secretary shall have 30 days to demonstrate compliance with this rule. Compliance may be demonstrated by moving stock out of commerce, using up packaging or marketing materials, bringing labels or packaging into compliance by removing, obliterating or covering the Seal, or by applying for and receiving written authorization for lawful use of the Seal from the Secretary under the provisions of this rule. Attachment 1. Statement Required by 3 V.S.A. § 803e, for the Adoption of Rules by Reference.
The following laws and rules, incorporated by reference into the Vermont Seal of Quality Interim Rule, have been reviewed by the Secretary and incorporated in their entirety. Maple laws and dairy laws and the rules adopted pursuant to those laws are presently in effect and enforced by the Agency. Secretary Roger N. Allbee has deemed it necessary to adopt each of the rules listed by reference into the Seal of Quality Interim Rule to avoid duplication of requirements for producing, grading, packaging, handling, processing and offering for sale Vermont dairy and maple products. Vermont maple products and dairy products are subject to the rules adopted by reference regardless of being eligible or qualified for participation in the voluntary Seal of Quality Interim Program.
The portions of the Vermont Seal of Quality Interim Rule which contain rules by reference and the referenced rules are as follows:
Vermont Seal of Quality Regulations Containing Rules by Reference | Rules Adopted by Reference |
Section 2.3 | Milk - 21 CFR.131.110 Cream - 21 CFR 131.150 through 131.157 Yogurt - 21 CFR 131.200 through 131.206 Ice Cream and Frozen Desserts - 21 CFR 135.3 through 135.160 Cheese- 21 CFR 133.3 through 133.196 Butter - USDA Standards for Grades of Butter $S58.2621 |
Section 5 | Vermont Dairy Operations Law 6 V.S.A. Chapter 151 Vermont Standards and Purity Laws 6 V.S.A. Chapter 153 Vermont Frozen Desserts Law 6 V.S.A. Chapter 155 |
Section 4.4 | Vermont Origin Rule, (VT ADC 06 031 021), Rule CF120 (Representations of Vermont Origin). Available at: http://www.atg.state.vt.us/issues/consumer-protection/laws-and-regulations/cf-120-vermont-origin-adopted-rule.php. |
Section 6 | Vermont Maple Products Regulations (VT ADC 20 011 002) adopted pursuant to Vermont Maple Products Law Title 6, Chapter 32 |
20-006 Code Vt. R. 20-011-006-X
STATUTORY AUTHORITY: 6 V.S.A. §§ 1, 2964
EFFECTIVE DATE: Original effective date not provided.
AMENDED: September 28, 2000 Secretary of State Rule Log #00-51; April 25, 2011 Secretary of State Rule Log #11-018