(a) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop categories and standards designed to identify those Vermont goods, services, and experiences which best portray and promote Vermont's reputation for high standards of quality.

(b) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop an identification label or labels which may be used to identify Vermont goods, services, and experiences as quality Vermont products. Any logo developed pursuant to this section shall be filed with the Secretary of State who shall register the logo as a trademark pursuant to 9 V.S.A. chapter 71, subchapter 1. The logo shall remain a registered trademark of the program until it is withdrawn by the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development.

(c) Persons wishing to apply for the identification logo shall be provided with application forms by the Secretary of Agriculture, Food and Markets or the Secretary of Commerce and Community Development. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall establish a process for reviewing the applications to determine if the applicant meets the standards established for that particular category of goods, services, or experiences. No person participating in the process may be held liable for any decision or recommendation made about the granting or denial of the use of the market Vermont logo. In the event that an application is rejected, the applicant may request that the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development reconsider. If the application is again denied, the decision shall be final, unless the applicant can demonstrate that the goods, service, or experience has been altered in order to bring it in line with the standards established for that product.

(d) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development may require periodic reapplication for the use of the market Vermont logo and may revoke the right of any person to use the market Vermont logo any time they determine a product does not meet the standards established for that type of goods, service, or experience. There shall be no right to a hearing on such a decision, unless such a right is established by rule.

(e) [Repealed.]

(f) The Secretary of Commerce and Community Development may require an annual fee not to exceed $150.00 per product line enrolled in the program, which shall be based upon the actual costs to the agencies, to be paid by persons participating in the program, and to be applied toward administration and promotion of the program. (Added 1991, No. 182 (Adj. Sess.), § 1; amended 1997, No. 59, § 30, eff. June 30, 1997; 2003, No. 70 (Adj. Sess.), § 28, eff. March 1, 2004; 2009, No. 135 (Adj. Sess.), § 1; 2013, No. 72, § 15; 2013, No. 191 (Adj. Sess.), § 4.)