Title 18, Title 18: Health

§ 4055. Marking; notice (a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, the agent shall …

§ 4056. Proceedings (a) Each State’s Attorney to whom the Commissioner reports any violation of this chapter shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. (b) Before any violation of thi…

§ 4057. Construction Nothing in this chapter shall require the Commissioner to report for the institution of proceedings under this chapter minor violations of this chapter whenever the Commissioner believes that the public interest will be adequately served in the circumstances …

§ 4058. Rules; standards Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of consumers, the Department shall adopt rules fixing and establishing for any food or class of food a reasonable definition and standard of ide…

§ 4059. Adulterated food defined A food shall be deemed to be adulterated: (1)(A) If it bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the food shall not be considered adulterat…

§ 4060. Misbranded food A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular. (2) If it is offered for sale under the name of another food. (3) If it is an imitation of another food for which a definition and standard of identity h…

§ 4061. Rules regarding permits; investigation (a) Whenever the Department finds after investigation that the distribution in Vermont of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be in…

§ 4062. Substances added to food; rules Any poisonous or deleterious substance added to any food except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice shall be deemed to be unsafe for purposes of the application of su…

§ 4063. Adulterated drug or device defined A drug or device shall be deemed to be adulterated: (1)(A) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (B) if it has been produced, prepared, packed, or held under unsanitary conditions in which it …

§ 4064. Misbranded drugs or device A drug or device is misbranded: (1) If its labeling is false or misleading in any particular. (2) If in package form unless it bears a label containing: (A) the name and place of business of the manufacturer, packer, or distributor; and (B) an a…

§ 4064a. Misbranded drugs or devices sold by prescription (a) Except as provided in subsections (b), (c), and (d) of this section, a drug or device that is sold or offered for sale by prescription, including those transported or mailed into this State for use in this State althou…

§ 4065. New drugs; sale regulations (a) No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless: (1) an application with respect thereto has become effective under section 505 of the federal act; or (2) when not subject to the federal act, u…

§ 4066. Adulterated cosmetic A cosmetic shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such condi…

§ 4067. Misbranded cosmetic A cosmetic shall be deemed to be misbranded: (1) if its labeling is false or misleading in any particular; (2) if in package form unless it bears a label containing: (A) the name and place of business of the manufacturer, packer, or distributor; and (B…

§ 4068. Advertising Rules (a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albumin…

§ 4069. Rules; authority (a) The authority to adopt rules for the efficient enforcement of this chapter is hereby vested in the Department. The Department may make the rules adopted under this chapter conform, insofar as practicable, with those promulgated under the federal act. …

§ 4070. Inspection; examination of samples (a) The Department or its duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held for intro…

§ 4071. Reports (a) The Commissioner may cause to be published, from time to time, reports summarizing all judgments, decrees, and court orders that have been rendered under this chapter, including the nature of the charge and the disposition thereof. (b) The Commissioner may als…

§ 4086. Menus and menu boards (a) Restaurants and similar food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items shall disclose on the menu and on the menu board: (1) adjace…