Title 18, Title 18: Health

§ 3802. Pharmacy rights during an audit Notwithstanding any provision of law to the contrary, whenever a health insurer, a third-party payer, or an entity representing a responsible party conducts an audit of the records of a pharmacy, the pharmacy shall have a right to all of th…

§ 3803. Appeals (a) An entity that audits a pharmacy shall provide the pharmacy with a preliminary audit report, which shall be delivered to the pharmacy or to its corporate office of record within 60 days following completion of the audit. (b) A pharmacy shall have 30 days follo…

§ 3804. Pharmacy audit recoupments (a) Recoupment of any disputed funds shall occur only after the final internal disposition of an audit, including the appeals process set forth in section 3803 of this title. (b) An entity conducting an audit may not: (1) include dispensing fees…

§ 3805. Applicability The provisions of this chapter shall not apply to any audit or investigation undertaken by any State agency, including the Office of the Attorney General or the Agency of Human Services, to a fiscal agent of the State, or to any audit, review, or investigati…

§ 4023. Bread to be wrapped A person shall not carry or cart about with intent to sell or offer for sale, or deliver to customers after it has been sold, for human food any kind or quality of bread or cake in loaf form, unless each loaf is wrapped separately in waxed paper, tissu…

§ 4024. Wood or methyl alcohol; sale for medicinal purposes (a) A person shall not sell, offer, or expose for sale or have in his or her custody, possession, or control with intent to distribute or sell any commodity, food, drug, preparation, or mixture of any kind whatever inten…

§ 4025. Regulation of the sale of poisonous drugs A person other than a registered pharmacist or physician who sells or keeps for sale arsenic, corrosive sublimate, chloroform, aconite, strychnine, morphine, opium, cocaine, eucaine, heroin, carbolic acid, prussic acid, paregoric,…

§ 4026. Sale of drugs; record When a sale is made by any person of any of such drugs, salts, solutions, extracts, or tinctures, such sale shall be entered and recorded in a book kept for that purpose, giving the name of the article sold, date of sale, to whom sold, residence of p…

§ 4027. Penalty A person who violates a provision of section 4026 of this title shall be fined not more than $100.00.

§ 4028. Prescriptions The provisions of sections 4025-4027 of this title shall not apply to legally qualified practitioners of medicine or to their prescriptions or recipes to their patients.

§ 4029. Permit to use preservatives Nothing in this title shall be so construed as to prevent the Commissioner from issuing to a producer or manufacturer of food or drinks a permit to use such preservatives or coloring matters as the Commissioner may determine are not detrimental…

§ 4030. Embargo; penalty When it is found or there is probable cause to believe that an article of food or a drug is in violation of the provisions of this title, the Commissioner or Commissioner’s authorized representative may embargo the distribution, sale, use, or transportati…

§ 4031. Notice of violations of U.S. statutes The Commissioner or the Commissioner’s designated agent shall notify the proper prosecuting officer of a violation of a federal law for preventing the adulteration or misbranding of food or drugs. (Amended 1959, No. 329 (Adj. Sess.), …

§ 4051. Definitions As used in this chapter: (1) The term “Department” means the Vermont Department of Health. (2) [Repealed.] (3) The term “person” includes an individual, partnership, corporation, and association. (4) The term “food” means: (A) articles used for food or drink f…

§ 4052. Manufacture, sale, delivery; prohibitions The following acts and the causing thereof within the State of Vermont are hereby prohibited: (1) the manufacture, sale, or delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misb…

§ 4053. Rules and hearings (a) The authority to enforce this chapter is vested in the Department. The Department shall from time to time for the efficient enforcement of this chapter adopt rules after public hearing following due notice at least 10 days in advance of the hearings…

§ 4054. Penalties (a) A person who violates any of the provisions of section 4052 of this title shall be imprisoned for not more than one year or fined not more than $1,000.00, or both; but if the violation is committed after a conviction of the person under this section has beco…

§ 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…

§ 4201. Definitions As used in this chapter: “Professional board” means: (A) in the case of a dentist, the State Board of Dental Examiners so designated under 26 V.S.A. chapter 12; (B) in the case of a physician or surgeon, the State Board of Medical Practice so designated under …

§ 4202. Powers and duties of the Department of Health (a) The Department of Health is authorized and empowered to adopt such rules that in its judgment may be necessary or proper to supplement the provisions of this chapter to effectuate the purposes and intent thereof or to clar…

§ 4203. Persons exempted The provisions of this chapter, restricting the possession and control of regulated drugs, shall not apply to common carriers or to warehousemen while engaged solely in lawfully transporting or storing such drugs while in their original containers, nor to…

§ 4204. Preparations excepted (a) The Department of Health may provide, by rule, for the exception from all provisions of this chapter, except as provided in section 4223 of this title, of the administration, dispensation, or sale at retail of a medicinal preparation containing s…

§ 4205. Acts prohibited It shall be unlawful for any person to manufacture, possess, have under his or her control, sell, prescribe, administer, dispense, or compound any regulated drug, except as authorized in this chapter. (Added 1967, No. 343 (Adj. Sess.), § 5, eff. March 23, …

§ 4206. Licenses (a) No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce, prepare, prescribe, dispense, or compound any regulated drug, and no person as a wholesaler, manufacturer, pharmacist, or pharmacy shall possess or supply the same, …

§ 4207. Certificates of approval (a) No hospital, laboratory, or nursing home, or any other person not provided for under section 4206 of this title, shall possess, administer, compound, use, or supply any regulated drug without having first obtained a certificate of approval fro…

§ 4208. Qualifications for issuance of licenses and certificates Notwithstanding or in addition to any other provision of law, no license or certificate of approval shall be issued unless and until the applicant therefor has furnished proof satisfactory to the respective board or…

§ 4209. Supervision, revocation, and reinstatement of licenses and certificates (a) A board or the Department of Health may, after notice and opportunity for hearing, revoke or suspend for a period of time or amend the terms of any license or certificate issued by that board or t…

§ 4210. Authorized sales on written orders, records (a) Every physician, dentist, veterinarian, or other person who is licensed to administer, sell, dispense, or professionally use regulated drugs shall keep a record of such drugs received by him or her and a record of all such d…