Title 09, Commerce and Trade

§ 2726. Suspension or revocation of certificate The Secretary may suspend or revoke the certificate of any registered dealer or service person when he or she is satisfied after a hearing, upon 20 days’ notice to the registrant, that the registrant has violated any provision of th…

§ 2727. Placed in service report The Secretary shall furnish each registered dealer and service person with a supply of report forms to be known as “placed in service reports.” Such a form shall be executed in triplicate, shall include the assigned registration number, and shall …

§ 2728. Disposition of condemned devices A dealer or service person who accepts weighing or measuring devices, which have been condemned by the Secretary or inspector, in trade for new or used weighing or measuring devices, and which are intended to be dismantled or destroyed, up…

§ 2729. Calibration of testing equipment; certificate A dealer or service person shall submit his or her testing equipment at least once every year to the office of the Secretary for comparison and calibration with the standard maintained by the Secretary. After comparison and ca…

§ 2730. Licensing for operation of weighing and measuring devices (a) As used in this section: (1) “Secretary” means the Secretary of Agriculture, Food and Markets. (2) “Capacity” means, for a scale, the heaviest specified load that can be applied to the load-receiving element of…

§ 2741. Weight certificate; required entries The weight certificate shall be typed, made out in ink or other indelible substance, and shall state the date of issuance; the kind of property, produce, commodity, or article weighed; the name of the declared owner or agent of the own…

§ 2742. Execution; requirements A licensed public weighmaster shall not enter on a weight certificate issued by him or her any weight values but such as he or she has personally determined, and he or she shall make no entries on a weight certificate issued by some other person. A…

§ 2743. Scale used; type; test When making a weight determination as provided by this chapter, a licensed public weighmaster shall use a weighing device that is of a type suitable for the weighing of the amount and kind of material to be weighed and that has been tested and appro…

§ 2744. Capacity; platform size; one-draft weighing A licensed public weighmaster shall not use any scale to weigh a load the value of which exceeds the nominal or rated capacity of the scale. When the gross or tare weight of any vehicle or combination of vehicles is to be determ…

§ 2745. Copies of weight certificates A licensed public weighmaster shall keep and preserve for at least one year, or for such longer period as may be specified in the regulations authorized to be issued for the enforcement of this chapter, a legible carbon copy of each weight ce…

§ 2746. Bulk delivery When not weighed by a “public licensed weighmaster,” each delivery of a commodity, product, or merchandise in bulk form, including grain, feed, fertilizer, cement, lime, and hay when sold by weight, and delivered by vehicle, the provisions under sections 274…

§ 2747. Reciprocal acceptance of weight certificates Whenever in any other state that licenses public weighmasters, there is statutory authority for the recognition and acceptance of the weight certificates issued by licensed weighmasters of this State, the Secretary may recogniz…

§ 2761. Offenses and penalties Any person who, by his or her actions or through the actions of an agent, performs any one of the acts enumerated in subdivisions (1) through (11) of this section shall be fined not less than $20.00 or more than $200.00, or be imprisoned not more th…

§ 2762. Hindering or obstructing officer Any person who hinders or obstructs in any way the Secretary, the Deputy Secretary, or any one of the inspectors, or a sealer or deputy sealer, in the performance of his or her official duties shall be guilty of a misdemeanor, and upon con…

§ 2763. Impersonation of officer Any person who impersonates in any way the Secretary, the Deputy Secretary, or any one of the inspectors, or a sealer or deputy sealer, by the use of his or her seal or a counterfeit of his or her seal, or in any other manner, shall be fined not l…

§ 2764. Incorrect weight certificates Any person who requests a licensed public weighmaster to weigh any property, produce, commodity, or article falsely or incorrectly, or who requests a false or incorrect weight certificate, or any person who issues a weight certificate simulat…

§ 2765. Malfeasance Any licensed public weighmaster who falsifies a weight certificate, or who delegates his or her authority to any person not licensed as a licensed public weighmaster, shall be fined not less than $50.00 or more than $500.00, or be imprisoned not less than 30 d…

§ 2766. Replacement of security seal; improper handling of weighing or measuring device (a) Any service person who breaks a security seal must replace the security seal by installing a new lead and wire security seal bearing the imprint of his or her hand seal having a number reg…

§ 2767. Injunction The Secretary may apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating this chapter. (Added 1967, No. 102, § 60, eff. April 14, 1967…

§ 2768. Validity of prosecutions Prosecutions for violation of this chapter are declared to be valid and proper notwithstanding the existence of any other valid general or specific act of this State dealing with matters that may be the same as or similar to those covered by this …

§ 2769. Presumptive evidence For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, …

§ 2770. Administrative penalties; license suspension (a) In addition to other penalties provided by law, the Secretary may assess administrative penalties under 6 V.S.A. § 15 for each violation of this chapter. Each violation may be a separate and distinct offense, and, in the ca…

§ 2771. Deceptive acts or practices In addition to other penalties provided by law, a violation of this chapter or rule adopted thereunder shall constitute an unfair or deceptive act or practice in commerce subject to the penalty provisions established in chapter 63 of this title…

§ 2791. General purpose This chapter establishes minimum efficiency standards for certain products sold or installed in the State. (Added 2005, No. 152 (Adj. Sess.), § 1.)

§ 2792. Findings The General Assembly finds that: (1) Efficiency standards for certain products sold or installed in the State assure consumers and businesses that those products meet minimum efficiency performance levels, thus saving money on utility bills. (2) These efficiency …

§ 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…