§ 5133. Food residuals; rulemaking
(a) The Secretary shall regulate the importation of food residuals or food processing residuals onto a farm.
(b)(1) The Secretary shall adopt by rule requirements for the management of food residuals and food processing residuals on a farm. The rules may include requirements regarding:
(A) the proper composting of food residuals or food processing residuals;
(B) destruction of pathogens in food residuals, food processing residuals, or compost;
(C) prevention of public health threat from food residuals, food processing residuals, or compost;
(D) protection of natural resources or the environment; and
(E) prevention of objectionable odors, noise, vectors, or other nuisance conditions.
(2) The Secretary may adopt the rules required by this section as part of the Required Agricultural Practices or as independent rules under this chapter.
(3) The rules shall prohibit a farm from initiating the production of compost from food residuals or food processing residuals imported onto the farm on or after July 1, 2021 within a downtown, village center, new town center, neighborhood development area, or growth center designated under 24 V.S.A. chapter 76a, unless the municipality has expressly allowed composting in the designated area under the municipal zoning or subdivision bylaws or in an approved municipal plan.
(4) The rules adopted under this section shall be designed to reduce odor, noise, vectors, and other nuisance conditions on farms and to protect the public health and the environment in a manner that is equal to or better than the rules for compost facilities in the Agency of Natural Resources’ Vermont Solid Waste Management Rules, as amended.
(c) A farm producing compost under 10 V.S.A. § 6001(22)(H) shall be regulated under this chapter and shall not require a certification or other approval from the Agency of Natural Resources under 10 V.S.A. chapter 159. (Added 2021, No. 41, § 3, eff. May 20, 2021.)