Title 09, Title 09: Commerce and Trade

§ 2793. Definitions As used in this chapter: (1) “Ballast” means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating the lamp. (2) “Commissioner” means the Commissioner of Public Service.…

§ 2794. Scope (a) The provisions of this chapter apply to the following types of new products sold, offered for sale, or installed in the State: (1) Medium voltage dry-type distribution transformers. (2) Metal halide lamp fixtures. (3) Residential furnaces and residential boilers…

§ 2795. Efficiency and water conservation standards (a) The Commissioner shall adopt rules in accordance with the provisions of 3 V.S.A. chapter 25 establishing minimum efficiency standards for the types of new products set forth in section 2794 of this title. The rules shall pro…

§ 2796. Implementation (a) No new medium voltage dry-type distribution transformer, State-regulated incandescent reflector lamp, or single-voltage external AC to DC power supply manufactured on or after January 1, 2008 may be sold or offered for sale in the State unless the effic…

§ 2797. Revised standards The Commissioner may adopt rules, in accordance with the provisions of 3 V.S.A. chapter 25, to revise efficiency standards for the products listed in section 2794 of this title, in order to make the standards conform to standards in effect in other state…

§ 2798. Testing, certification, labeling, and enforcement (a) The Commissioner shall adopt test protocols for determining the energy efficiency of the new products covered by section 2794 of this title if those protocols are not provided for in section 2795 of this title or in th…

§ 2821. Definitions In this chapter, unless the context or subject matter otherwise requires: (1) The term “dangerous caustic or corrosive substance” means each and all of the acids, alkalis, and substances named below: (A) Hydrochloric acid and any preparation containing free or…

§ 2822. Sale of misbranded products; penalties (a) A person shall not sell, barter, exchange, receive, hold, pack, display, or offer for sale, barter, or exchange any dangerous caustic or corrosive substance in a misbranded parcel, package, or container when such parcel, package …

§ 2823. Enforcement by Commissioner of Health; registration of brands and labels The Commissioner of Health shall enforce the provisions of this chapter, and may approve and register such brands and labels intended for use under the provisions of this chapter as may be submitted …

§ 2831. Hydraulic brake fluids No person may distribute or provide any fluid for use in the hydraulic brake system of a motor vehicle unless it meets the minimum standards established by the Commissioner of Motor Vehicles and unless the container bears a statement of its SAE clas…

§ 2841. Aversive agent required As of January 1, 2011, a person shall not sell or offer to sell in this State any engine coolant or antifreeze that contains more than 10 percent ethylene glycol unless the engine coolant or antifreeze includes denatonium benzoate at a minimum of 3…

§ 2842. Records of manufacturer and packager Any manufacturer or packager of engine coolant or antifreeze subject to this subchapter shall maintain a record of the trade name, the scientific name, and the active ingredients of the aversive agent used pursuant to this subchapter. …

§ 2843. Limitation of liability A manufacturer, distributor, recycler, or seller of any engine coolant or antifreeze that contains denatonium benzoate as required under this subchapter is not liable to any person for any personal injury, death, property damage, damage to the envi…

§ 2844. Exceptions This subchapter does not apply to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) antifreeze or engine coolant for use in a manufacturing process, provided that the manufacturer complies with occupational safety and health st…

§ 2881. Definitions As used in this chapter: (1) “Single-family dwelling” means any building or structure in which a family, families, or households reside that contains sleeping facilities and is not otherwise classified as a “public building” as defined in 20 V.S.A. § 2730(a) o…

§ 2882. Installation (a) A person who constructs a single-family dwelling shall install photoelectric-type or UL 217 compliant smoke alarms in the vicinity of any bedrooms and on each level of the dwelling, and one or more carbon monoxide alarms in the vicinity of any bedrooms in…

§ 2883. Requirements for transfer of dwelling (a) The seller of a single-family dwelling, including one constructed for first occupancy, whether the transfer is by sale or exchange, shall certify to the buyer at the closing of the transaction that the dwelling is provided with ph…

§ 2941. Used materials prohibited (a) A person shall not manufacture for purposes of sale, sell, or offer or expose for sale, or have in possession with intent to sell any article of bedding or article of upholstered furniture the filling of which shall have been previously used …

§ 2942. Tagging of bedding and furniture A person shall not manufacture for purposes of sale, sell, or offer or expose for sale, or have in possession with intent to sell any article of bedding or article of upholstered furniture unless there is plainly marked upon each such arti…

§ 2943. Penalties (a) A person who violates a provision of sections 2941 and 2942 of this title, shall be imprisoned not more than six months or fined not more than $500.00, or both. (b) A person, except a purchaser at retail, who removes or effaces any marking upon any article o…

§ 2972. Definitions As used in this chapter: (1) “Article” means an object that during production is given a special shape, surface, or design that determines its function to a greater degree than its chemical composition. (2) “Brominated flame retardant” means any chemical conta…

§ 2973. Brominated flame retardants; prohibition (a) As of July 1, 2010, no person may offer for sale, distribute for sale, distribute for promotional purposes, or knowingly sell at retail a product containing octaBDE or pentaBDE in a concentration greater than 0.1 percent by wei…

§ 2974. Chlorinated flame retardants (a) Except for inventory manufactured prior to January 1, 2014, no person, other than a retailer, shall, as of January 1, 2014, manufacture, offer for sale, distribute for sale, or knowingly sell in or into this State any children’s product or…

§ 2975. Notice to retailers; disclosure of product content; consultation (a) As of July 1, 2010, a manufacturer of a product that contains decaBDE and that is prohibited under subsection 2973(c) or (d) of this chapter shall notify persons that sell the manufacturer’s product of t…

§ 2976. Replacement of regulated flame retardants A manufacturer shall not replace decaBDE, TCEP, or TDCPP with a chemical that is: (1) classified as “known to be a human carcinogen” or “reasonably anticipated to be a human carcinogen” in the most recent report on carcinogens by …

§ 2977. Exemptions The requirements and prohibitions of this chapter shall not apply to: (1) the sale or resale of used products; (2) motor vehicles or parts for use on motor vehicles; and (3) building insulation materials. (Added 2013, No. 85, § 1.)

§ 2978. Violations; enforcement A violation of this chapter shall be considered a violation of the Consumer Protection Act, chapter 63 of this title. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, …

§ 2979. Production of information In addition to any other remedies and procedures authorized by this chapter, the Attorney General may request a manufacturer of upholstered furniture, mattresses, mattress pads, computers, televisions, children’s products, or residential upholste…

§ 2980. Department of Health rulemaking; TCPP (a) The Commissioner may adopt by rule a prohibition on the manufacture, offer for sale, distribution for sale, or knowing sale at retail in or into the State of the flame retardant TCPP in children’s products and residential upholste…

§ 3001. Posting of rates (a) An owner or occupant of a gristmill shall keep posted in a conspicuous place in such mill a notice of the rates of toll demanded for grinding each kind of grain. (b) [Repealed.] (Amended 1959, No. 262, § 37, eff. June 11, 1959.)

§ 3002. Excessive toll; penalty An owner or occupant of such gristmill who exacts a greater amount of toll than is set forth in such notice shall forfeit $3.00 to the person injured to be recovered in a civil action on this statute.

§ 3021. Definitions As used in this chapter: (1) [Repealed.] (2) “Ferrous scrap” means any scrap metal consisting primarily of iron, steel, or both, including large manufactured articles such as automobile bodies that may contain other substances to be removed and sorted during n…

§ 3022. Purchase of nonferrous scrap, metal articles, proprietary articles, and railroad scrap (a) Catalytic converters. (1) A scrap metal processor shall not purchase more than one used and detached catalytic converter per day from any person, other than a motor vehicle recycler…

§ 3023. Penalties (a) A person who violates any provision of this chapter for the first time may be assessed a civil penalty not to exceed $1,000.00 for each transaction. (b) A person who violates any provision of this chapter for a second or subsequent time shall be fined not mo…

§ 3041. Purpose It is the purpose of this chapter to: (1) Public health and food safety. Establish a system by which persons may make informed decisions regarding the potential health effects of the food they purchase and consume and by which, if they choose, persons may avoid po…

§ 3042. Definitions As used in this chapter: (1) “Consumer” has the same meaning as in subdivision 2451a(1) of this title. (2) “Enzyme” means a protein that catalyzes chemical reactions of other substances without itself being destroyed or altered upon completion of the reactions…

§ 3043. Labeling of food produced with genetic engineering (a) Except as set forth in section 3044 of this title, food offered for sale by a retailer after July 1, 2016 shall be labeled as produced entirely or in part from genetic engineering if it is a product: (1) offered for r…

§ 3044. Exemptions The following foods shall not be subject to the labeling requirements of section 3043 of this title: (1) Food consisting entirely of or derived entirely from an animal that has not itself been produced with genetic engineering, regardless of whether the animal …

§ 3045. Retailer liability (a) A retailer shall not be liable for the failure to label a processed food as required by section 3043 of this title unless the retailer is the producer or manufacturer of the processed food. (b) A retailer shall not be held liable for failure to labe…

§ 3046. Severability If any provision of this chapter or its application to any person or circumstance is held invalid or in violation of the Constitution or laws of the United States or in violation of the Constitution or laws of Vermont, the invalidity or the violation shall no…

§ 3047. False certification It shall be a violation of this chapter for a person knowingly to provide a false statement under subdivision 3044(2) of this title that a raw agricultural commodity or processed food has not been knowingly or intentionally produced with genetic engine…

§ 3048. Penalties; enforcement (a) Any person who violates the requirements of this chapter shall be liable for a civil penalty of not more than $1,000.00 per day, per product. Calculation of the civil penalty shall not be made or multiplied by the number of individual packages o…

§ 3061. Issuance and revocation (a) The selectboard members may license for one year, or a less time, suitable persons to keep restaurants, or other places dispensing food or drink to the public, and inns or hotels in their respective towns, and may revoke such licenses granted b…

§ 3062. Recording of license and revocation of license Licenses granted by the selectboard members shall be signed by a majority of them and shall not be effectual until recorded in the office of the clerk of the town. The expense of recording shall be paid by the person receivin…

§ 3063. Revocation by assistant judges of Superior Court If the selectboard members do not revoke a license granted by them when the public good so requires, the assistant judges of the Superior Court may vacate the same on application of the State’s Attorney of the county in whi…

§ 3101. Registration records Each keeper of a hotel, inn, lodging house, or roadside camp or cabin shall keep or cause to be kept a record in which shall be recorded the true name and residence of each person engaging or occupying a private room containing a bed or couch or openi…