§ 12. Search warrants
(a) Upon application by the Secretary or a person designated by the Secretary, a District or Superior Court judge shall, upon a finding of probable cause, issue an administrative search warrant to search property for violation of any provision of this title, 9 V.S.A. chapter 73, or any other law administered by the Secretary of Agriculture, Food and Markets. A court may find that probable cause for an administrative search warrant under this section exists when:
(1) the Secretary or a person designated by the Secretary has reason to believe that a provision of this title, 9 V.S.A. chapter 73, or any other law administered by the Secretary has been violated; or
(2) permission to inspect has been refused and the property to be searched is subject to routine inspections in connection with a regulatory program administered by the Secretary of Agriculture, Food and Markets.
(b) The provisions of Rule 41(c) and (d) of the Vermont Rules of Criminal Procedure shall apply to warrants issued under this section. (Added 1987, No. 277 (Adj. Sess.), § 3; amended 1991, No. 228 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003.)
Structure Vermont Statutes
Chapter 1 - General Powers; Secretary of Agriculture, Food and Markets
§ 1. General powers of Agency; Secretary of Agriculture, Food and Markets
§ 2. Appointment of Secretary of Agriculture, Food and Markets
§ 3. Duties of Secretary generally; educational work
§ 7. Feed, seed, and fertilizer authority
§ 8. Agricultural lands planning criteria
§ 11. Administrative hearings; hearing officers
§ 13. Assurances of discontinuance
§ 14. Acceptance of gifts of real property
§ 15. Administrative penalties
§ 16. Notice and fair hearing requirements
§ 18. Certificate of free sale
§ 19. Emergency livestock feed program
§ 20. Vermont Food Animal Veterinarian Educational Loan Repayment Fund
§ 21. Authority to address public health hazards and food safety issues
§ 22. License applications and pending allegations or past violations