Licensing Food and Lodging Establishments

V.S.A. tit. 18, ch. 85, subch. 2

in effect

18 V.S.A. § 4351 License from Department of Health

4351. License from Department of Health (a) A person shall not operate or maintain a food manufacturing facility, retail food establishment, lodging establishment, children’s camp, seafood vending facility, or any other place in which food is prepared and served, unless he or she obtains and holds from the Commissioner a license authorizing such operation. All licenses shall be displayed in a manner as to be easily viewed by the public. (b)(1) A person shall not knowingly and willingly sell or offer for sale a bulk product manufactured by a bakery, regardless of whether the bakery is located inside or outside the State, unless the operator of the bakery holds a valid license from the Commissioner. (2) The Commissioner shall not grant a license to a bakery located outside the State unless: (A) the person operating the bakery: (i) has consented in writing to the Department’s inspection and paid the required fee; or (ii) has presented to the Department satisfactory evidence of inspection and approval from the proper authority in his or her state and paid the required fee; and (B) inspection of the bakery confirms that it meets the laws and rules of this State. (c) The Commissioner may issue a temporary license for no more than 90 days. The temporary license shall state the conditions under which it is issued. (d) If the Commissioner does not renew a license, he or she shall provide written notice to the licensee. The notice shall specify any changes necessary to conform with State rules and shall state that if compliance is achieved within the time designated in the notice, the license shall be renewed. If the licensee fails to achieve compliance within the prescribed time, the licensee shall have an opportunity for a hearing. (e) Any licensee or applicant aggrieved by a decision or order of the Commissioner may appeal to the Superior Court of the county in which such person resides or maintains a place of business within 30 days after that decision. (f) If a licensee fails to renew the licensee’s license within 60 days after its expiration date, a licensee shall apply for a new license and meet all licensure requirements anew. Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1969, No. 242 (Adj. Sess.), eff. April 2, 1970; 1973, No. 98, § 7, eff. July 1, 1973; 1989, No. 103, § 1; 2017, No. 76, § 5; 2023, No. 6, § 149, eff. July 1, 2023; 2023, No. 53, § 119, eff. June 8, 2023.

18 V.S.A. § 4352 Application

4352. Application Prior to operating an establishment in which food is prepared and served or in which three or more lodging units are offered to the public, a person shall apply to the Commissioner upon forms supplied by the Department and shall pay a license fee as provided by section 4353 of this title. An application for licensure shall be submitted no fewer than 30 days prior to the opening of a food or lodging establishment. Upon receipt of such license fee and when satisfied that the premises are sanitary and healthful in accordance with the provisions of this chapter and related rules, the Commissioner shall issue a license to the applicant with respect to the premises described in the application. Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2017, No. 76, § 5.

18 V.S.A. § 4353 Fees

4353. Fees (a) The Commissioner may establish by rule any requirement the Department needs to determine the applicable categories or exemptions for licenses. The following license fees shall be paid annually to the Department at the time of making the application according to the following schedules: (1) Restaurants I | — | Seating capacity of 0 to 25; $105.00 II | — | Seating capacity of 26 to 50; $180.00 III | — | Seating capacity of 51 to 100; $300.00 IV | — | Seating capacity of 101 to 200; $385.00 V | — | Seating capacity of 201 to 599; $450.00 VI | — | Seating capacity 600 and over; $1,000.00 VII | — | Home Caterer; $155.00 VIII IX X | — — — | Commercial Caterer; $260.00 Limited Operations; $140.00 Fair Stand; $125.00; if operating for four or more days per year; $230.00 (2) Lodging establishments I | — | Lodging capacity of 1 to 10; $130.00 II | — | Lodging capacity of 11 to 20; $185.00 III | — | Lodging capacity of 21 to 50; $250.00 IV | — | Lodging capacity of 51 to 200; $390.00 V | — | Lodging capacity of over 200; $1,000.00 (3) Food manufacturing establishment — a fee for any person or persons that process food for resale to restaurants, stores, or individuals according to the following schedule: (A) Food manufacturing establishments; nonbakeries I | — | Gross receipts of $10,001.00 to $50,000.00; $175.00 II | — | Gross receipts of over $50,000.00; $275.000 III | — | Gross receipts of $10,000.00 or less are exempt pursuant to section 4358 of this title (B) Food manufacturing establishments; bakeries I | — | Home bakery; $100.00 II | — | Small commercial; $200.00 III | — | Large commercial; $350.00 (C) Food manufacturing establishments; cottage food operations — Gross receipts of $30,000.00 or less from the sale of cottage food products are exempt pursuant to section 4358 of this title. (4) Seafood vending facility — $200.00, unless operating pursuant to another license issued by the Department of Health and generating $40,000.00 or less in seafood gross receipts annually. If generating more than $40,000.00 in seafood gross receipts annually, the fee is to be paid regardless of whether the facility is operating pursuant to another license issued by the Department. (5) Shellfish reshippers and repackers — $375.00. (6) Children’s camps — $150.00. (b) The Commissioner of Health shall be the final authority on definition of categories contained in this section. (c) All fees received by the Department under this section shall be credited to a special fund and shall be available to the Department to offset the cost of providing the services. Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1975, No. 118, § 69, eff. April 30, 1975; 1985, No. 166 (Adj. Sess.), § 1; 1989, No. 103, § 2; 1995, No. 47, § 5, eff. April 20, 1995; 1997, No. 155 (Adj. Sess.), § 60, eff. July 1, 1999; 2001, No. 65, §§ 7, 7a, eff. July 1, 2002, 7b, eff. July 1, 2003; 2007, No. 76, § 12, eff. June 7, 2007; 2011, No. 128 (Adj. Sess.), § 5; 2015, No. 57, § 9; 2017, No. 76, § 5; 2025, No. 42, § 4, eff. July 1, 2025.

18 V.S.A. § 4354 Term of license

4354. Term of license A license shall expire annually on a date established by the Department and shall be renewed upon the payment of a new license fee if the licensee is in good standing with the Department. Amended 1973, No. 98, § 8, eff. July 1, 1973; 1975, No. 118, § 70, eff. April 30, 1975; 2017, No. 76, § 5.

18 V.S.A. §§ 4355-4357 Repealed. 2017, No. 76, § 5.

18 V.S.A. § 4358 Exemptions

4358. Exemptions (a) The provisions of this subchapter shall apply only to those hotels, inns, restaurants, tourist camps, and other places that solicit the patronage of the public by advertising by means of signs, notices, placards, radio, electronic communications, or printed announcements. (b) The obligation to obtain a license and the associated licensure fees in this subchapter shall not apply to a cottage food operation or other food manufacturing establishment that is exempt due to its average gross retail sales being below the listed thresholds in section 4353 of this title. (c) Annually, a food manufacturing establishment claiming a licensing exemption pursuant to this title shall submit to the Department a licensing exemption filing as required by rule. The licensing exemption filing shall require the food manufacturing establishment to attest to the completion of any training required by rule pursuant to section 4303 of this title. (d) The Commissioner shall not adopt a rule requiring food establishments that operate less than six months of the year and provide outdoor seating for fewer than 16 people at one time to provide toilet and hand washing facilities for patrons. Amended 2017, No. 76, § 5; 2025, No. 42, § 5, eff. July 1, 2025.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/18/085Fetched: 10/21/2026