reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2655. Construction of contracts

§ 2655. Construction of contracts
Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in sections 2651 and 2652 of this title, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement. (Added 1967, No. 102, § 36, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2671. Method of sale of commodities; general

§ 2671. Method of sale of commodities; general
Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count. However, liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold. The provisions of this section shall not apply (1) to commodities when sold for immediate consumption on the premises where sold, (2) to vegetables when sold by the head or bunch, (3) to commodities in containers standardized by a law of this State or by federal law, (4) to commodities in package form when there exists a general consumer usage to express the quantity in some other manner, (5) to concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, or (6) to unprocessed vegetable and animal fertilizer when sold by cubic measure. The Secretary may issue such reasonable regulations as are necessary to ensure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest. (Added 1967, No. 102, § 18, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2672. Packages, declarations of quantity and origin; variations; exemptions

§ 2672. Packages, declarations of quantity and origin; variations; exemptions
(a) Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce, shall bear on the outside of the package such definite, plain, and conspicuous declarations of:
(1) the identity of the commodity in the package unless the same can easily be identified through the wrapper or container;
(2) the net quantity of the contents in terms of weight, measure, or count; and
(3) in the case of any package kept, offered, or exposed for sale, or sold any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor as may be prescribed by regulation issued by the Secretary.
(b) In connection with the declaration required under subdivision (a)(2) of this section, neither the qualifying term “when packed” or any words of similar import, nor any term qualifying a unit of weight, measure, or count, for example, “jumbo,” “giant,” “full,” and the like, that tends to exaggerate the amount of commodity in a package, may be used. Under subdivision (a)(2) of this section the Secretary may, by regulation, establish: reasonable variations to be allowed, which may include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure; exemptions as to small packages; and exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. (Added 1967, No. 102, § 19, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2673. Declarations of unit price on random packages

§ 2673. Declarations of unit price on random packages
In addition to the declarations required by section 2672 of this title, any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count. (Added 1967, No. 102, § 20, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2674. Misleading packages

§ 2674. Misleading packages
No commodity in package form may be so wrapped, nor may it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard or fill as may have been prescribed for the commodity in question by the Secretary. (Added 1967, No. 102, § 21, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2675. Advertising packages for sale

§ 2675. Advertising packages for sale
Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with that statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package. When fruit packaged, graded by the packer, and sold by count is advertised, the advertisement must state the size. In connection with the declaration required under this section, there shall be declared neither the qualifying term “when packed” nor any other words of similar import, nor any term qualifying a unit of weight, measure, or count, for example, “jumbo,” “giant,” “full,” and the like, that tends to exaggerate the amount of commodity in the package. (Added 1967, No. 102, § 22, eff. April 14, 1967; amended 1971, No. 69, § 6, eff. April 15, 1971.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2676. Sale by net weight

§ 2676. Sale by net weight
The word “weight” as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. (Added 1967, No. 102, § 23, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2677. Misrepresentation of price

§ 2677. Misrepresentation of price
Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction or decimal shall be prominently displayed and the numeral or numerals expressing the fraction or decimal shall be immediately adjacent to, of the same general design and style as, and at least 40 percent the height and width of, the numerals representing the whole cents. (Added 1967, No. 102, § 24, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2691. Meat, poultry, and seafood

§ 2691. Meat, poultry, and seafood
Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold by an eating establishment as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry, and all seafoods except mollusks offered or exposed for sale, or sold, as food shall be sold by weight. When meat, poultry, or seafood is combined with or associated with some other food elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight, and the quantity representation may be the total weight of the product or combination, and a quantity representation need not be made for each of the several elements of the product or combination. Mollusks may be sold by weight or volume, but not by count except for oysters in the shell. On ready-to-cook, whole carcass, stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars, and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight of the poultry product and, in proximity thereto, a statement specifying the minimum weight of poultry in the product. (Added 1967, No. 102, § 25, eff. April 14, 1967; amended 1971, No. 69, § 7, eff. April 15, 1971.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2692. Bulk milk tanks

§ 2692. Bulk milk tanks
(a) When installing a farm bulk tank or reconstructing a floor area supporting a bulk tank, the tank shall not be placed in service and used as a commercial measuring device unless a foundation has been constructed with due consideration of frost penetration and of sufficient strength to support the completely liquid-laden tank without change of level, and a steel plate not less than six inches square and not less than one-quarter inch thick is placed under each leg and the steel plate and the tank legs are cemented to the floor. Bulk tanks shall be calibrated using accepted practices approved by the consumer protection section as soon as possible after the milk house and bulk tank installation has been approved by the dairy section.
(b) Whenever a check of a bulk milk tank by the Agency of Agriculture, Food and Markets or by a competent person or agency indicates a tank calibration is not accurate within official tolerances, the first handler receiving milk from the producer shall recalibrate the tank, unless the out-of-tolerance is caused by movement of the tank and the Secretary feels there will be continued movement, then the recalibration shall not be performed until a solid foundation has been constructed.
(c) If the Secretary determines the bulk milk tank is not an accurate measure for milk or because of continued movement of the tank caused by a poor foundation, the Secretary may condemn the tank and forbid its use as a measuring device. Any person who alters a bulk tank weight conversion chart, uses other than the latest conversion chart issued, uses a condemned tank as a measure, uses a tank without the legs cemented to the floor, or changes the level position of a bulk milk tank without immediately notifying the Secretary of Agriculture, Food and Markets shall be fined not more than $500.00 for each offense.
(d) The first handler receiving milk from a producer shall furnish competent personnel licensed by the consumer protection section to calibrate the producer’s bulk milk tank. The word “handler” as used in this subsection shall mean a person, firm, unincorporated association, or corporation engaged in the business of buying, selling, assembling, packaging, or processing milk or other dairy products, for sale within or outside the State of Vermont.
(e) [Repealed.] (Added 1967, No. 102, § 26, eff. April 14, 1967; amended 1971, No. 69, § 14, eff. April 15, 1971; 1973, No. 22, § 2; 1989, No. 257 (Adj. Sess.), § 16; 1991, No. 186 (Adj. Sess.),§§ 36a, 36b, eff. May 7, 1992; 1991, No. 227 (Adj. Sess.), § 7; 1999, No. 49, § 128(1); 2011, No. 39, § 8, eff. May 19, 2011; 2013, No. 159 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2693. Log measure—The Vermont rule

§ 2693. Log measure—The Vermont rule
In bargains for or purchase of saw logs or round timber by measure, the number of feet shall be ascertained either by the international log rule as designed by the U.S. Forestry Service for a one-quarter inch kerf or by the Vermont rule as follows: multiply the average diameter of the top of the log, inside the bark, in inches, by half such diameter in inches, disregarding fractions of an inch less than a half, and regarding fractions greater than a half as a full inch, and the number obtained as the product will represent the contents in feet of a log of that diameter 12 feet long. If the log is less than 12 feet long, the actual contents will be the same fraction of the above product as the actual length of the log is of 12 feet. If the log is more than 12 feet long, commence at the upper end and measure it into sections of 12 feet; then, according to the above rule, find the contents of each section and fractional section. The aggregate of the contents of the sections will be the contents of the whole log, and shall be marked on the small end as to its contents. (Added 1967, No. 102, § 27, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2695. Fluid dairy products

§ 2695. Fluid dairy products
All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk, shall be packaged for retail sale only in units of 1 gill, 1/2 liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, 1/2 gallon, 1 gallon, 11/2 gallons, 2 gallons, and 21/2 gallons, or multiples of 1 gallon. Packages in units of less than 1 gill shall be permitted. On and after January 1, 1974, sour cream and yogurt shall be sold only in terms of weight, and shall be packaged for retail sale only in units of 4, 8, 12, 16, 32, 64 and 128 ounces avoirdupois except yogurt may also be sold in units of 5 and 6 ounces avoirdupois. (Added 1967, No. 102, § 29, eff. April 14, 1967; amended 1969, No. 9, § 1; 1971, No. 69, § 8, eff. April 15, 1971; 1973, No. 22, § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2696. Flour, corn meal, and hominy grits

§ 2696. Flour, corn meal, and hominy grits
When in package form, and when packed, kept, offered or exposed for sale, or sold, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meal, and hominy grits shall be packaged only in units of 2, 5, 10, 25, 50, or 100 pounds, avoirdupois weight. However, packages in units of less than 2 pounds or more than 100 pounds are permitted. (Added 1967, No. 102, § 30, eff. April 14, 1967; amended 1971, No. 69, § 9, eff. April 15, 1971.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2697. Liquid fuels

§ 2697. Liquid fuels
(a) Liquid fuels including motor fuels, furnace oils, stove oils, liquefied petroleum gas, and other liquid fuels used for similar purposes shall be sold by liquid measure or by net weight in accordance with the provisions of section 2671 of this title. In the case of each delivery of liquid fuel not in package form, and in an amount greater than 10 gallons in the case of sale by liquid measure or 99 pounds in the case of sale by weight, there shall be rendered to the purchaser, either:
(1) at the time of delivery; or
(2) within a period mutually agreed upon in writing or otherwise between the vendor and the purchaser, a delivery ticket or a written statement on which, in ink, or other indelible substance, there shall be clearly and legibly stated:
(A) the name and address of the vendor;
(B) the name and address of the purchaser;
(C) the identity of the type of fuel comprising the delivery;
(D) the unit price, that is, the price per gallon or per pound, as the case may be, of the fuel delivered;
(E) in the case of sale by liquid measure, the liquid volume of the delivery shall be determined by a meter with a register printing the meter readings on a ticket, a copy of which shall be given to the purchaser, from which such liquid volume shall be computed, expressed in terms of the gallon and its binary or decimal subdivisions (the ticket shall not be inserted into the register until immediately before delivery is begun, and in no case shall a ticket be in the register when the vehicle is in motion); or the liquid volume may be determined by a vehicle tank used as a measure when in full compliance with Handbook H-44 and calibrated by a weights and measures official. Sale by a liquid measuring device as defined in Handbook H-44, and sale by a vapor meter are excluded from this section. The volume of liquid fuels delivered on consignment shall be computed and charged for only from the totalizers on the devices dispensing the product;
(F) in the case of sale by weight, the net weight of the delivery, together with any weighing scale readings from which that net weight has been computed, expressed in terms of tons or pounds avoirdupois.
(b) The use of temperature compensation during delivery of all liquid fuels, with the exception of the delivery of liquefied petroleum gas, is prohibited. The Secretary shall enforce this prohibition in the same manner as other violations of this chapter. (Added 1967, No. 102, § 31, eff. April 14, 1967; amended 1971, No. 69, § 10, eff. April 15, 1971; 2013, No. 83, § 6, eff. June 10, 2013.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2697a. Motor fuel octane content and quality

§ 2697a. Motor fuel octane content and quality
(a) It shall be unlawful for a person to misrepresent the octane content or the quality of motor fuel sold or offered for sale in this State. The Secretary may randomly test motor fuel dispensers and motor fuel for the accuracy of any advertised, labeled, or other declarations regarding the octane content and the quality of the fuel dispensed.
(b) The Secretary may adopt rules concerning octane and quality standards for motor fuels deemed necessary to carry out the provisions of this section.
(c) [Repealed.]
(d) Any person who sells gasoline to a retail outlet and any person who sells gasoline to the public shall maintain records as required under 15 U.S.C. § 2821 et seq. and the rules adopted thereunder, and shall provide copies of such records to the Secretary upon request. (Added 1991, No. 31, § 1; amended 1991, No. 244 (Adj. Sess.), § 1, eff. May 28, 1992; 1991, No. 227 (Adj. Sess.), § 7; 1999, No. 49, § 128(2).)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2698. Textile products

§ 2698. Textile products
A person shall not keep for the purpose of sale, offer or expose for sale, or sell, any textile yard goods put up or packaged in advance of sale in a bolt or roll, or any other textile product put up or packaged in advance of sale in any other unit, for either wholesale or retail sale, unless that bolt or roll, or such other unit, is definitely, plainly, and conspicuously marked to show its net measure in terms of yards or its net weight in terms of avoirdupois pounds or ounces, subject, however, to the following limitations and requirements:
(1) Any unit of twine or cordage may be marked to show its net measure in terms of feet. Ready-wound bobbins that are not sold separately shall not be required to be individually marked, but the package containing those bobbins shall be marked to show the number of bobbins contained therein and the net weight or measure of the thread on each bobbin. Any unit of sewing, basting, mending, darning, crocheting, tatting, handknitting, or embroidery thread or yarn, except nylon handknitting yarn, that is not composed in whole or in part of wool, the net weight of which is less than two ounces avoirdupois, shall be marked to show its net measure in terms of yards as unwound from the ball or from the spool or other holder. Any retail unit of a textile product, sold only for household use, consisting of a package containing two or more similar individual units that are not sold separately, shall be marked to show the number of individual units in the package and the net weight or net measure of the product in each individual unit, but this proviso shall not apply where the individual units are separately marked. Any unit of yarn, composed in whole or in part of wool, sold to consumers for handiwork, shall be marked to show the net weight of such yarn, except that any such unit of tapestry, mending, or embroidery yarn, the net measure of which does not exceed 50 yards, may be marked to show its linear measures only.
(2) The marking required by this section shall in all cases be in combination with the name and place of business of the manufacturer, packer, or distributor of the product, or a trademark, symbol, brand, or other mark that positively identifies such manufacturer, packer, or distributor. Any such trademark, symbol, brand, or other mark that is employed to identify the manufacturer, packer, or distributor shall be filed with the Secretary.
(3) Reasonable tolerances may be permitted, and these may be included in regulations for the enforcement of this section that shall be issued by the Secretary.
(4) This section shall not apply to the following textile products when sold at wholesale in bulk by net weight: cordage, agricultural bag sewing threads, twines, yarns that are to be processed, and yarns that are to be industrially converted into end use products. (Added 1967, No. 102, § 32, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2699. Berries and small fruits

§ 2699. Berries and small fruits
Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint, or 1 dry quart. However, the marking provisions of section 2672 of this title shall not apply to those containers. (Added 1967, No. 102, § 33, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2700. Coal, coke, and charcoal

§ 2700. Coal, coke, and charcoal
All coal, coke, and charcoal shall be sold by weight. Unless the fuel is delivered to the purchaser in package form, each delivery of coal, coke, or charcoal to an individual purchaser shall be accompanied by duplicate delivery tickets on which, in ink or other indelible substance, there shall be clearly stated (1) the name and address of the vendor, (2) the name and address of the purchaser, and (3) the net weight of the delivery and the gross and tare weights from which the net weight is computed, each expressed in pounds. One of these tickets shall be retained by the vendor and the other shall be delivered to the purchaser at the time of delivery of the fuel, or shall be surrendered, on demand, to the Secretary, or an inspector, who, if he or she desires to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser. However, if the purchaser carries away his or her purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of fuel delivered to him or her. If necessary to wet down coal and coke, this shall be done only after coal is weighed according to this section. (Added 1967, No. 102, § 34, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2701. Ice

§ 2701. Ice
Ice shall be sold by weight. The net weight of ice dispensed by a vending machine shall be presented clearly and conspicuously on the front panel near coin slot. This section shall not apply to ice sold by hotels or motels and to be consumed on the premises. (Added 1967, No. 102, § 35, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2721. Licensed public weighmaster—license

§ 2721. Licensed public weighmaster—license
Any person who is 18 years of age or older wishing to be a licensed public weighmaster shall apply to the Secretary upon forms provided by the Agency and remit a fee of $25.00. Upon approval, the Secretary shall issue to the applicant a license certificate that shall expire on June 30 unless sooner suspended or revoked under section 2723 of this title. Renewal applications shall be in such form as the Secretary shall prescribe. (Added 1967, No. 102, § 41, eff. April 14, 1967; amended 1969, No. 9, § 2; 1971, No. 69, § 11, eff. April 15, 1971; 1975, No. 220 (Adj. Sess.), § 17; 1989, No. 257 (Adj. Sess.), § 17; 1991, No. 227 (Adj. Sess.), § 7; 2001, No. 143 (Adj. Sess.), § 41, eff. June 21, 2002; 2009, No. 134 (Adj. Sess.), § 15; 2015, No. 149 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2722. Optional licensing

§ 2722. Optional licensing
The following persons shall not be required, but shall be permitted, to obtain licenses as licensed public weighmasters: (1) law enforcement officers when acting within the scope of their official duties, (2) a person weighing property, produce, commodities, or articles that he or his employer, if any, is either buying or selling, and (3) a person weighing property, produce, commodities, or articles in conformity with the requirements of federal statutes or the statutes of this State relative to warehousepersons or processors. (Added 1967, No. 102, § 48, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2723. Suspension and revocation of license

§ 2723. Suspension and revocation of license
The Secretary may suspend or revoke the license of any licensed public weighmaster:
(1) when he or she is satisfied, after a hearing upon 20 days’ notice to the licensee, that the licensee has violated any provision of this chapter or of any rule or regulation issued pursuant to this chapter of the Secretary affecting licensed public weighmaster; or
(2) when a licensed weighmaster has been convicted in any court of violating any law relating to weights and measures. (Added 1967, No. 102, § 50, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), §§ 5, 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2724. Prohibited acts

§ 2724. Prohibited acts
No person may assume the title licensed public weighmaster, or any title of similar import, perform the duties or acts to be performed by a licensed public weighmaster under this chapter, hold himself or herself out as a licensed public weighmaster, issue any weight certificate, ticket, memorandum, or statement for which a fee is charged, or engage in the full-time or part-time business of public weighing, unless he or she holds a valid license as a licensed public weighmaster. “Public weighing,” as used in this section, means the weighing for any person, upon request, of property, produce, commodities, or articles other than those which the weigher or his or her employer, if any, is either buying or selling. (Added 1967, No. 102, § 49, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2725. Dealers and service persons of weighing and measuring devices; registration certificate; hand seal

§ 2725. Dealers and service persons of weighing and measuring devices; registration certificate; hand seal
(a) Any person wishing to be registered as a dealer or service person shall apply to the Secretary upon forms provided by the Agency, and each application shall be accompanied by a fee of $60.00. Upon approval, the Secretary shall issue to the applicant a registration certificate that shall expire on June 30 unless sooner suspended or revoked under section 2726 of this title. Any service person who applies for a registration certificate must have obtained a hand seal that has a number registered with the Secretary. Any service person who has been granted a registration certificate shall, with the hand seal, seal all meters with a lead and wire seal at the time as he or she installs, repairs, or adjusts the meters.
(b) Any person who installs bulk milk tanks for remuneration or as a term of the sale of such tank shall be registered as a dealer of weighing and measuring devices, prior to the installation of the tank. Such person shall follow the procedure set forth in subsection (a) of this section in applying for the registration certificate and shall comply with all applicable laws. (Added 1967, No. 102, § 54, eff. April 14, 1967; amended 1971, No. 69, § 12, eff. April 15, 1971; 1975, No. 220 (Adj. Sess.), § 18; 1983, No. 57; 1989, No. 257 (Adj. Sess.), § 18; 1991, No. 227 (Adj. Sess.), § 7; 2001, No. 143 (Adj. Sess.), § 42, eff. June 21, 2002; 2009, No. 134 (Adj. Sess.), § 16; 2015, No. 149 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2726. Suspension or revocation of certificate

§ 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 this chapter or any rule issued pursuant to this chapter, or when a person licensed pursuant to this section has been convicted by a court of violating any law relating to weights and measures. (Added 1967, No. 102, § 58, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), §§ 6, 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2727. Placed in service report

§ 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 be signed by a registered dealer or service person after making a repair, adjustment, or the sale and installation of a new, repaired, rebuilt, exchanged, or used weighing or measuring device. Within 48 hours after a device is restored to service, or placed in service, the original of the properly executed placed in service report, together with any official rejection tag removed from the device, shall be mailed to the Secretary, Agency of Agriculture, Food and Markets agriculture building, Montpelier, Vermont. The duplicate copy of the report shall be handed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered dealer or service person. (Added 1967, No. 102, § 55, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2728. Disposition of condemned devices

§ 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, upon receipt thereof, shall remove the condemned tags. The condemned tags shall be returned to the Secretary within 10 days thereafter, with a statement describing the weighing or measuring device, giving the number of the weighing or measuring device, if obtainable, and the name and address of the former owner or user from which it was received. There shall also be furnished a statement of what disposition has been made of the weighing or measuring device. (Added 1967, No. 102, § 56, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2729. Calibration of testing equipment; certificate

§ 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 calibration, the Secretary shall issue to the dealer or service person a certificate of his or her findings. (Added 1967, No. 102, § 57, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2741. Weight certificate; required entries

§ 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 owner or of the consignee of the material weighed; the accurate weight of the material weighed; the means by which the material was being transported at the time it was weighed; and such other available information as may be necessary to distinguish or identify the property, produce, commodity, or article from others of like kind. The weight certificate, when so made and properly signed, shall be prima facie evidence of the accuracy of the weights shown. (Added 1967, No. 102, § 42, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2742. Execution; requirements

§ 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 weight certificate shall be so prepared as to show clearly that weight or weights were actually determined. If the certificate form provides for the entry of gross, tare, and net weights, in any case in which only the gross, the tare, or the net weight is determined by the weighmaster, he or she shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on a weight certificate and both of these were not determined on the same scale and on the day for which the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each such weight and the date of each such determination. (Added 1967, No. 102, § 43, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2743. Scale used; type; test

§ 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 approved for use by the Secretary or inspector during the year of test or the preceding calendar year and since has not been condemned. (Added 1967, No. 102, § 44, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2744. Capacity; platform size; one-draft weighing

§ 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 determined, the weighing shall be performed upon a scale having a platform of sufficient size to accommodate such vehicle or combination of vehicles fully, completely, and as one entire unit. If a combination of vehicles must be broken up into separate units in order to be weighed as prescribed in this section, each such separate unit shall be entirely disconnected before weighing and a separate weight certificate shall be issued for each such separate unit. (Added 1967, No. 102, § 45, eff. April 14, 1967; amended 2021, No. 20, § 28.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2745. Copies of weight certificates

§ 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 certificate issued by him or her, which copies shall be open at all reasonable times for inspection by any weights and measures officer of this State. (Added 1967, No. 102, § 46, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2746. Bulk delivery

§ 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 2741-2745 of this title inclusive shall govern. (Added 1967, No. 102, § 40, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2747. Reciprocal acceptance of weight certificates

§ 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 recognize and accept the weight certificates of that other state. (Added 1967, No. 102, § 47, eff. April 14, 1967 amended 1991, No. 227, (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2761. Offenses and penalties

§ 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 than three months, or both; and upon a second or subsequent conviction thereof, he or she shall be fined not less than $50.00 or more than $500.00, or be imprisoned, or both.
(1) Use, or have in possession for the purpose of using for any commercial purpose specified in section 2635 of this title, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure.
(2) Use, or have in possession for the purpose of current use for any commercial purpose specified in section 2635 of this title, a weight or measure that does not bear a seal or mark such as is specified in section 2639 of this title, unless such weight or measure has been exempted from testing by the provisions of section 2635 of this title, or by a regulation of the Secretary issued under the authority of section 2633 of this title, or unless the device has been placed in service as provided by a regulation of the Secretary issued under the authority of section 2633 of this title.
(3) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.
(4) Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority.
(5) Sell, or offer or expose for sale, less than the quantity he or she represents of any commodity, thing, or service.
(6) Take more than the quantity he or she represents of any commodity, thing, or service, when, as buyer, he or she furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined.
(7) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell, any commodity, thing, or service in a condition or manner contrary to law or regulation.
(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position that may reasonably be assumed by a customer.
(9) Violate any provision of this chapter or of the regulations promulgated under the provisions of this chapter for which a specific penalty has not been prescribed.
(10) Act as a licensed public weighmaster without first obtaining a license or certificate to do so, or at a time when such license is suspended or revoked.
(11) Misrepresent the true weight, volume, or other measurement of any item which is the subject of a commercial transaction. (Added 1967, No. 102, § 39, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.),§§ 6a, 7; 1993, No. 74, § 8.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2762. Hindering or obstructing officer

§ 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 conviction thereof shall be punished by a fine of not less than $20.00 or more than $200.00, or by imprisonment for not more than three months, or by both. (Added 1967, No. 102, § 37, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2763. Impersonation of officer

§ 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 less than $100.00 nor more than $500.00, or be imprisoned not more than 1 year, or both. (Added 1967, No. 102, § 38, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2764. Incorrect weight certificates

§ 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 simulating the weight certificate prescribed in this chapter and who is not a licensed public weighmaster, shall be fined not less than $25.00 or more than $100.00; and upon a second or subsequent conviction that person shall be fined not less than $100.00 or more than $500.00, or be imprisoned not less than 30 days or more than 90 days, or both. (Added 1967, No. 102, § 51, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2765. Malfeasance

§ 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 days or more than 90 days, or both. (Added 1967, No. 102, § 52, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2766. Replacement of security seal; improper handling of weighing or measuring device

§ 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 registered with the Agency of Agriculture, Food and Markets.
(b) Any person who violates any provision of sections 2725, 2727, 2728, 2729 inclusive of this title or a dealer or service person who does not have a certificate of registration in full force before engaging in that business, or any person who repairs his or her own weighing or measuring device, or breaks a security seal without a license and uses the device commercially before being tested by the Agency of Agriculture, Food and Markets or permission is given for its use by the Secretary, shall be fined not more than $100.00 for the first offense and not more than $200.00 for each subsequent offense. (Added 1967, No. 102, § 59, eff. April 14, 1967; amended 1971, No. 69, § 13, eff. April 15, 1971; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2767. Injunction

§ 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; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2768. Validity of prosecutions

§ 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 chapter. (Added 1967, No. 102, § 61, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2769. Presumptive evidence

§ 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, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of that use by the person in charge of the building, enclosure, stand, or vehicle. (Added 1967, No. 102, § 62, eff. April 14, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2770. Administrative penalties; license suspension

§ 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 case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.
(b) After notice and opportunity for hearing, the Secretary may suspend or revoke a license issued under this chapter for any violation of this chapter. (Added 2019, No. 129 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2771. Deceptive acts or practices

§ 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. (Added 1991, No. 244 (Adj. Sess.), § 2, eff. May 28, 1992.)