Producer Tax

V.S.A. tit. 6, ch. 163, subch. 2

in effect

6 V.S.A. § 2981 Rate and collection of assessment

2981. Rate and collection of assessment (a) Each producer shall pay each month an assessment of $0.10 per hundredweight from the price paid to the producer for milk produced by him or her and received by a handler. The funds shall be deducted from the producer’s check, and the deduction identified on the producer’s statement furnished by the handler. Notwithstanding the provisions of section 10 of this title, the assessment on the producer imposed by this subchapter shall be collected by and paid to the Secretary of Agriculture, Food and Markets of the State of Vermont, and shall be paid by him or her to the Treasurer of the State of Vermont, to be held by the Treasurer in a separate account entitled “Vermont Dairy Promotion Fund.” The interest earned by the Fund shall be retained as part of the Fund and shall be disbursed as provided by the provisions of this subchapter. Each handler receiving milk from a producer shall be liable for the assessment due under this subchapter from the producer; and each handler shall withhold from monies due any producer the assessment due from that producer to the State under this subchapter, shall be responsible to the Secretary for the payment and collection thereof, and shall not be liable to the producer or to any other person for the amount of the payment if the payment is paid to the State. (b) [Repealed.] Added 1965, No. 175, § 61; amended 1966, No. 52 (Sp. Sess.), § 1, eff. March 12, 1966; 1979, No. 101 (Adj. Sess.), § 5; 1981, No. 198 (Adj. Sess.), § 5, eff. April 22, 1982; 1987, No. 6, § 2, eff. April 1, 1987; 1989, No. 256 (Adj. Sess.), § 5, eff. Jan. 1, 1991; 1991, No. 232 (Adj. Sess.), § 4; 1999, No. 49, § 123; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 157 (Adj. Sess.), § 12, eff. May 20, 2008; 2015, No. 149 (Adj. Sess.), § 18.

6 V.S.A. § 2983 Tax withholding agreement as condition for license

2983. Tax withholding agreement as condition for license No person shall be granted a handler’s license unless he or she first agrees to withhold for the account of the State the tax imposed under this subchapter upon producers whose milk he or she has received. Added 1965, No. 175, § 63.

6 V.S.A. § 2984 Milk received by more than one handler

2984. Milk received by more than one handler In case the same milk is received by more than one handler, the first handler handling or receiving milk shall be the handler within the meaning of this chapter. Added 1965, No. 175, § 64.

6 V.S.A. § 2985 Transactions outside Vermont

2985. Transactions outside Vermont Any transaction between a producer and a handler relating to milk or dairy products produced in Vermont is subject to the operation of this chapter whether a contract or sale is set forth or claimed to be entered into, or to have been entered into, outside Vermont. Added 1965, No. 175, § 65.

6 V.S.A. § 2986 Payment of assessment

2986. Payment of assessment Each licensed handler and distributor shall pay the sums required with respect to each producer’s payment received by him or her and the distributor’s fee to the Secretary of Agriculture, Food and Markets by monthly payments, and shall file monthly reports on forms provided by the Secretary for this purpose of all matters of account for which a record is required to be kept. These payments and reports shall be due not later than the 28th day of the month following the month for which the payments and reports are made. A penalty of one percent per month on overdue payments shall be collected by the Secretary. Added 1965, No. 175, § 66; amended 1979, No. 101 (Adj. Sess.), § 7; 1981, No. 198 (Adj. Sess.), § 7, eff. April 22, 1982; 1991, No. 232 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003.

6 V.S.A. § 2987 Use of Dairy Promotion Fund

2987. Use of Dairy Promotion Fund (a) No expense of the Council shall be paid out of any funds of the State except from the Dairy Promotion Fund, which Fund shall be subject at all times to the accounting controls of the State. The Dairy Promotion Fund may be used only for the costs of the collection of taxes imposed under this chapter and for the administration of this chapter, and the State Treasurer shall pay over to the Council upon order of the Council such funds as the Council may require. (b) [Repealed.] (c) The balance of the Fund shall be used for promotional and educational purposes, experimental planning, research, advertising, and the necessary compensation and expenses of the Council. (d) Any balance remaining at the close of any fiscal year shall be carried forward for the same purpose in the following year. Added 1965, No. 175, § 67; amended 1989, No. 256 (Adj. Sess.), § 7, eff. Jan. 1, 1991; 1991, No. 232 (Adj. Sess.), § 6; 2007, No. 157 (Adj. Sess.), § 13, eff. May 20, 2008; 2021, No. 105 (Adj. Sess.), § 130, eff. July 1, 2022.

6 V.S.A. § 2988 Referendum

2988. Referendum (a) The following percent of the itemized groups of producers and distributors may petition the Secretary for a referendum to determine whether assessments for their milk promotion program under section 2981 of this title shall continue or discontinue for their group: (1) 25 percent of Vermont producers who are producing milk for consumption in Vermont; (2) 15 percent of Vermont producers who are producing milk for out-of-state consumption; or (3) 30 percent of Vermont distributors who purchase milk for retail sale in Vermont. (b) The Secretary, upon receiving a petition for a referendum from any itemized group referred to in subsection (a) of this section, shall establish a committee of members of that group as provided in subsection (c) of this section. The committee shall direct the Secretary to send secret ballots to all producers or distributors who are members of that group and tally the results of the vote. (c) The voting committee shall consist of the following: (1) two members from the group referred to in subdivision (a)(1) of this section; (2) three members from the group referred to in subdivision (a)(2) of this section; and (3) two members from the group referred to in subdivision (a)(3) of this section. (d) Milk producers and distributors referred to in subsection (a) shall be eligible to vote only on a referendum that relates to an assessment on a group of which they are a member. A referendum shall be considered approved by a majority of the members of that group who participate in the vote. (e) Any time after two years from the effective date of a previous referendum vote by a particular group to continue or discontinue the assessment, members of the group as provided in subsection (a) may petition the Secretary to determine whether the assessment on that group should continue or discontinue. The referendum shall be conducted and the results determined in accordance with the provisions of this section. A referendum to recommend an assessment program should be conducted in the same manner. (f) All administration costs associated with the referendum vote shall be assessed against the Vermont Dairy Promotion Fund. Added 1979, No. 101 (Adj. Sess.), § 9; amended 1981, No. 198 (Adj. Sess.), § 9, eff. April 22, 1982; 1989, No. 256 (Adj. Sess.), § 8, eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 7, eff. May 19, 2011.

6 V.S.A. § 2989 Interstate orders for compacts

2989. Interstate orders for compacts The Secretary is authorized to confer and cooperate with the legally constituted authorities of other states and of the United States with respect to the issuance and operation of joint and concurrent dairy promotion orders or other activities tending to carry out the declared intent of the act. The Secretary may join with such other authorities in conducting joint investigations, holding joint hearings and issuing joint or concurrent order or orders complementary to those of the federal government and shall have the authority to employ or designate a joint agent or joint agencies to carry out and enforce such joint, concurrent, or supplementary orders. Added 1979, No. 101 (Adj. Sess.), § 10; amended 1981, No. 198 (Adj. Sess.), § 10, eff. April 22, 1982; 2003, No. 42, § 2, eff. May 27, 2003.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/06/163Fetched: 10/21/2026