Title 09, Commerce and Trade

§ 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 (b) [Repealed.]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 Definitions As used in this chapter: (1) [Repealed.]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…

§ 3102. False registration; failure to register A person shall not write, or cause to be written, or if in charge of the registration record, knowingly permit to be written, in any such registration record of any hotel, inn, lodging house, or roadside camp or cabin any other or d…

§ 3103. Penalties A person who violates a provision of sections 3101 and 3102 of this title shall be fined not more than $25.00.

§ 3141. Liability for loss If an innkeeper or hotel keeper provides a safe in his or her inn or hotel for the safekeeping of money, jewelry, and valuable papers and articles belonging to the guests of such inn or hotel and gives notice thereof by posting in a conspicuous place in…

§ 3142. Limitation on liability No recovery in excess of $300.00 for loss of personal property shall be had by the guest of an hotel or inn, unless at the time of becoming such guest notice is given by such guest to the proprietor of such hotel or inn that the value of the proper…

§ 3143. Loss of samples, apparel, baggage; loss by fire or force (a) An innkeeper or hotel keeper shall not be liable for loss of or damage to articles known or used as “samples,” unless such loss occurs through want of ordinary care and diligence of such innkeeper or hotel keepe…

§ 3153. Definitions For purposes of this chapter: (1) “Department” means the Department of Public Service. (2) “New product” means reflector incandescent and four-foot, eight-foot, and F40/U fluorescent light bulbs that are sold at retail, offered for retail sale, or installed wi…

§ 3154. Adoption of standards (a)(1) Rulemaking authority. The Department of Public Service shall adopt by rule, modify, revise, update, and maintain Vermont energy-efficiency standards with respect to new products installed in the State by a contractor or other construction prof…

§ 3155. Applicability Subject to the effective date provided by section 3154 of this title, no new product covered by this chapter may be sold at retail, offered for retail sale, imported for retail sale or use, or installed by a contractor or other construction professional in b…

§ 3156. Test methods The manufacturer shall cause the testing of samples of each model of each product covered by this chapter in a manner consistent with any test methods established by rule of the Department. (Added 1991, No. 259 (Adj. Sess.), § 12.)

§ 3157. Certification statements (a) Manufacturers of products covered by this chapter shall certify to the Department that those products are in compliance with the provisions of this chapter. (b) Each product, or its packaging that is visible to a retail consumer, shall specify…

§ 3158. Enforcement and penalties (a) The Department may investigate complaints received concerning violations of this chapter and shall report the results of its investigation to the Attorney General or a State’s Attorney. The Attorney General or a State’s Attorney may institute…

§ 3261. Packing and branding of lime Lime packed in casks for sale shall be put into good and sufficient casks. Each cask shall be branded with the name of the town in which the lime was manufactured and the name of the manufacturer or vendor of the same.

§ 3262. Penalties (a) A person who sells or offers for sale lime in a cask not branded as required by section 3261 of this title shall be fined $5.00. (b) A person who defaces or changes a brand made as required by section 3261, or puts up for sale other lime than that which was …

§ 3291. Compound lard (a) A person by himself, herself, his or her agent, or servant shall not prepare, sell, or expose for sale lard or a substance intended for use as lard, which contains an ingredient other than the pure fat of swine, in a tierce, bucket, pail, or other packag…

§ 3341. Sale of certain illuminating oils prohibited A person shall not mix for sale naphtha and illuminating oils or sell or offer for sale such mixture, or sell or offer for sale, except for purposes of remanufacture, illuminating oils made from coal or petroleum products that …

§ 3342. Penalties A person who violates a provision of section 3341 of this title shall be imprisoned not more than one month or fined not more than $100.00, or both. Such person shall also be liable to a person suffering damage from the explosion or ignition of such oil thus unl…

§ 3343. Forfeiture of unlawful oils Such oil thus unlawfully sold, kept, or offered for sale, with the casks or packages containing the same, shall be forfeited and sold for the purposes of remanufacture. Half of the proceeds of such sale shall go to the State and the other half …

§ 3344. Sale of naphtha as illuminating oil A person who keeps or sells or offers for sale naphtha, under the name of oil, shall be liable to the penalties and subject to the liabilities contained in section 3342 of this title.

§ 3345. Inspectors The selectboard members of a town, or the trustees of a village, where oils are sold, upon the petition of five or more inhabitants, shall annually appoint one or more suitable persons, not interested in the sale of such oils, as inspectors thereof and fix thei…

§ 3346. Oath, duties, and liabilities of inspector Before entering upon the duties of his or her office, an inspector shall be sworn, and when called upon by a vendor, purchaser, or by any officer mentioned in section 3348 of this title, to test such oils, shall do so with reason…

§ 3347. Fraud or negligence of inspector An inspector found guilty of fraud, deceit, or culpable negligence in inspecting such oils shall be imprisoned not more than one month or fined not more than $100.00, or both.

§ 3348. Prosecutions A selectboard member or a police officer of a town or trustee or a police officer of a village, in which such inspectors are appointed, shall cause persons violating the provisions of this chapter to be prosecuted therefor.

§ 3381. Labels and color of cans (a) A receptacle containing gasoline or benzol of capacity not more than five gallons, except a motor vehicle, motor boat, gasoline engine, gasoline stove or lamp, shall be painted red and be labeled “gasoline” or “benzol,” as the case may be, in …

§ 3621. Administrative assistant and billboard clerk of outdoor advertising; appointment The Secretary of Transportation is authorized to appoint an administrative assistant and billboard clerk of outdoor advertising, and such assistants, clerical and otherwise as may be necessar…

§ 3683a. Agreement authorized (a) The Agency of Transportation is hereby directed to enter into an agreement before July 1, 1961, with the U.S. Secretary of Commerce as provided in the federal laws relating to the National System of Interstate and Defense Highways, but the agreem…