reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 74 - Energy Efficiency Standards for Appliances and Equipment › § 2792. Findings

§ 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 standards save energy and thus reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity, natural gas, and oil.
(3) These efficiency standards can make electricity systems more reliable by reducing the strain on the electricity grid during peak demand periods. Furthermore, improved energy efficiency can reduce or delay the need for new power plants, power transmission lines, and power distribution system upgrades.
(4) Energy efficiency standards contribute to the economy of this State by helping to balance better energy supply and demand, thus reducing pressure for higher natural gas and electricity prices. By saving consumers and businesses money on energy bills, efficiency standards help the State and local economy since energy bill savings can be spent on local goods and services. (Added 2005, No. 152 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 74 - Energy Efficiency Standards for Appliances and Equipment › § 2794. Scope

§ 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.
(4) Single-voltage external AC to DC power supplies.
(5) State-regulated incandescent reflector lamps.
(6) General service lamps.
(7) Air compressors.
(8) Commercial dishwashers.
(9) Commercial fryers.
(10) Commercial hot-food holding cabinets.
(11) Commercial steam cookers.
(12) Computers and computer monitors.
(13) Faucets.
(14) High CRI fluorescent lamps.
(15) Portable air conditioners.
(16) Portable electric spas.
(17) Residential ventilating fans.
(18) Showerheads.
(19) Spray sprinkler bodies.
(20) Uninterruptible power supplies.
(21) Urinals.
(22) Water coolers.
(23) Each other product for which the Commissioner is required to adopt an efficiency or water conservation standard by rule pursuant to section 2795 of this title.
(24) Any other product that may be designated by the Commissioner in accordance with section 2797 of this title.
(b) The provisions of this chapter do not apply to:
(1) New products manufactured in the State and sold outside the State and the equipment used in manufacturing those products.
(2) New products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State.
(3) Products installed in mobile manufactured homes at the time of construction.
(4) Products designed expressly for installation and use in recreational vehicles. (Added 2005, No. 152 (Adj. Sess.), § 1; amended 2017, No. 42, § 3, eff. May 22, 2017; 2017, No. 139 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 74 - Energy Efficiency Standards for Appliances and Equipment › § 2797. Revised standards

§ 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 states, where to do so is in the interests of the electrical energy consumers of the State. In considering increased standards, the Commissioner shall set efficiency standards upon a determination that increased efficiency standards would serve to promote energy conservation in the State and would be cost-effective for consumers who purchase and use those products. No increased efficiency standards shall become effective within one year following the adoption of any amended rules establishing those increased efficiency standards. The Commissioner may apply for a waiver of federal preemption in accordance with federal procedures (42 U.S.C. § 6297(d)) for State efficiency standards for any product regulated by the federal government. (Added 2005, No. 152 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 75 - Acids and Alkalis › § 2821. Definitions

§ 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 chemically unneutralized hydrochloric acid (HCl) in a concentration of 10 percent or more;
(B) Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of 10 percent or more;
(C) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more;
(D) Carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five percent or more;
(E) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or more;
(F) Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more;
(G) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of 20 percent or more;
(H) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten percent or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime;
(I) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 percent or more;
(J) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 percent or more;
(K) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five percent or more; and
(L) Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and “hartshorn,” in a concentration of five percent or more.
(2) The term “misbranded parcel, package, or container” means a retail parcel, package, or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label or sticker, containing:
(A) the name of the article;
(B) the name and place of business of the manufacturer, packer, seller, or distributor;
(C) the word “POISON,” running parallel with the main body of reading matter on such label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than 24 point size, unless there is on such label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker; and
(D) directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 75 - Acids and Alkalis › § 2822. Sale of misbranded products; penalties

§ 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 or container is designed for household use.
(b) A person who violates a provision of this chapter shall be fined not more than $200.00 or be imprisoned not more than 90 days, or both.
(c) A State’s Attorney who is satisfied from evidence produced before him or her that a provision of this chapter has been violated shall forthwith cause prosecution to be made for such violation.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 75 - Acids and Alkalis › § 2823. Enforcement by Commissioner of Health; registration of brands and labels

§ 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 to the Commissioner for that purpose and as may in the Commissioner’s judgment conform to the requirements of this chapter. However, in any prosecution under this chapter, the fact that any brand or label involved in such prosecution has not been submitted to the Commissioner of Health for approval, or if submitted, has not been approved by the Commissioner, shall be immaterial. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 12, eff. June 8, 2023.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 76 - Motor Vehicle Parts and Accessories › § 2831. Hydraulic brake fluids

§ 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 classifications. The Commissioner shall adopt standards for quality of brake fluids based on the classification of the society of automotive engineers to ensure safe operation of motor vehicles. (Added 1963, No. 42, eff. Jan. 1, 1964.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 76 - Motor Vehicle Parts and Accessories › § 2841. Aversive agent required

§ 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 30 parts per million and a maximum of 50 parts per million as an aversive agent within the product so as to render it unpalatable, except that this subchapter shall not apply to product inventory purchased by retailers prior to January 1, 2011. (Added 2009, No. 15, § 2, eff. May 12, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 76 - Motor Vehicle Parts and Accessories › § 2842. Records of manufacturer and packager

§ 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. Information and documentation maintained pursuant to this subchapter must be furnished to any member of the public upon request. (Added 2009, No. 15, § 2, eff. May 12, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 76 - Motor Vehicle Parts and Accessories › § 2843. Limitation of liability

§ 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 environment or natural resources, or economic loss that results from the inclusion of denatonium benzoate if included in concentrations mandated by this subchapter. This section does not provide immunity to any person to the extent that the cause of liability is unrelated to the inclusion of denatonium benzoate in any engine coolant or antifreeze. (Added 2009, No. 15, § 2, eff. May 12, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 76 - Motor Vehicle Parts and Accessories › § 2844. Exceptions

§ 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 standards for the use of the antifreeze or engine coolant and complies with the Agency of Natural Resources for the disposal of antifreeze or engine coolant containing ethylene glycol. (Added 2009, No. 15, § 2, eff. May 12, 2009.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 77 - Smoke Detectors and Carbon Monoxide Detectors › § 2881. Definitions

§ 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) or as a “condominium” or “multiple unit dwelling” as defined in 20 V.S.A. § 2729(d).
(2) “Smoke detector” means a device that detects visible or invisible particles of combustion and sounds a warning alarm, is operated from a power supply within the unit or wired to it from an outside source, and is approved or listed for the purpose by Underwriters Laboratory or by another nationally recognized independent testing laboratory.
(3) “Carbon monoxide detector” means a device with an assembly that incorporates a sensor control component and an alarm notification that detects elevations in carbon monoxide levels and sounds a warning alarm, is operated from a power supply within the unit or wired to it from an outside source, and is approved or listed for the purpose by Underwriters Laboratory or by another nationally recognized independent testing laboratory. (Added 1993, No. 86, § 1; amended 2005, No. 19, § 1, eff. July 1, 2005.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 77 - Smoke Detectors and Carbon Monoxide Detectors › § 2882. Installation

§ 2882. Installation
(a) A person who constructs a single-family dwelling shall install photoelectric-only-type smoke detectors in the vicinity of any bedrooms and on each level of the dwelling, and one or more carbon monoxide detectors in the vicinity of any bedrooms in the dwelling in accordance with the manufacturer’s instructions. In a dwelling provided with electrical power, detectors shall be powered by the electrical service in the building and by battery.
(b) Any single-family dwelling when transferred by sale or exchange shall contain photoelectric-only-type smoke detectors in the vicinity of any bedrooms and on each level of the dwelling installed in accordance with the manufacturer’s instructions and one or more carbon monoxide detectors installed in accordance with the manufacturer’s instructions. A single-family dwelling constructed before January 1, 1994 may contain smoke detectors powered by the electrical service in the building or by battery, or by a combination of both. In a single-family dwelling newly constructed after January 1, 1994 that is provided with electrical power, smoke detectors shall be powered by the electrical service in the building and by battery. In a single-family dwelling newly constructed after July 1, 2005 that is provided with electrical power, carbon monoxide detectors shall be powered by the electrical service in the building and by battery.
(c) Nothing in this section shall require an owner or occupant of a single-family dwelling to maintain or use a smoke detector or a carbon monoxide detector after installation. (Added 1993, No. 86 § 1; amended 2005, No. 19, § 1, eff. July 1, 2005; 2007, No. 180 (Adj. Sess.), § 2, eff. May 29, 2008.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 77 - Smoke Detectors and Carbon Monoxide Detectors › § 2883. Requirements for transfer of dwelling

§ 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 photoelectric-only-type smoke detectors and carbon monoxide detectors in accordance with this chapter. This certification shall be signed and dated by the seller.
(b) If the buyer notifies the seller within 10 days by certified mail from the date of conveyance of the dwelling that the dwelling lacks any photoelectric-only-type smoke detectors, or any carbon monoxide detectors, or that any detector is not operable, the seller shall comply with this chapter within 10 days after notification.
(c) Violation of this section or of the installation requirements of section 2882 of this title shall not create a defect in title. (Added 1993, No. 86 § 1; amended 2005, No. 19, § 1, eff. July 1, 2005; 2007, No. 180 (Adj. Sess.), § 3, eff. May 29, 2008.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 79 - Upholstered Furniture and Bedding › § 2941. Used materials prohibited

§ 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 for like purpose in other bedding or upholstered furniture. Possession by a manufacturer of or dealer in bedding or upholstered furniture of any article of bedding or article of upholstered furniture the filling of which shall have been previously used for like purpose in other bedding or upholstered furniture shall be prima facie evidence that such article is being manufactured, remade, or renovated or is offered for sale in violation of this chapter.
(b) A person shall not use in the manufacture of any article of bedding or article of upholstered furniture for purposes of sale, or sell, or offer or expose for sale, or have in his or her possession for the purpose of such use or for sale or for use in the remaking or renovating of any such article, any material that has previously been used in or about a hospital, or on or about the person of anyone having an infectious or contagious disease, nor shall any person sell, or offer or expose for sale, any article containing materials that have previously been so used.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 79 - Upholstered Furniture and Bedding › § 2942. Tagging of bedding and furniture

§ 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 article or upon a tag sewed on the article, or otherwise securely attached to the article, a statement in the English language, containing no misleading terms or descriptions of the kind of material used for filling in the manufacture of such article, the name of the manufacturer or vendor, and a statement that such article contains all new material, and unless, if any such article is enclosed in a bale, box, crate, or other receptacle, there shall be plainly marked upon such receptacle, or upon a tag securely attached to the receptacle, a statement that the contents of the package are marked as required in this section. Possession of any article of bedding or article of upholstered furniture not marked as provided in this section by any person engaged in the business of manufacturing, selling, or offering for sale any such article shall be prima facie evidence that such article is being manufactured or is offered or exposed for sale in violation of the provisions of this section. The tag required by this section shall be at least three inches by four inches in dimensions and made of cloth or with a cloth back, or, in the case of articles of upholstered furniture, of paper or cloth, and shall be permanently pasted or attached to each such article. (Amended 2021, No. 20, § 29.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 79 - Upholstered Furniture and Bedding › § 2943. Penalties

§ 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 or receptacle or any tag or label attached thereto, as provided in section 2942 of this title, shall be fined not more than $50.00.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2972. Definitions

§ 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 containing the element bromine that is added to plastic, foam, or textile to inhibit flame formation.
(3) “Children’s product” means a consumer product:
(A) marketed for use by children under 12 years of age; or
(B) the substantial use of which by a child under 12 years of age is reasonably foreseeable.
(4) “Commissioner” means the Commissioner of Health.
(5) “Congener” means a specific PBDE molecule.
(6) “DecaBDE” means decabromodiphenyl ether or any technical mixture in which decabromodiphenyl ether is a congener.
(7) “Flame retardant” means any chemical that is added to a plastic, foam, or textile to inhibit flame formation.
(8) “Manufacturer” means any person:
(A) who manufactures a final product containing a flame retardant regulated under this chapter; or
(B) whose brand name is affixed to a final product containing a flame retardant regulated under this chapter.
(9) “Motor vehicle” means every vehicle intended primarily for use and operation on the public highways and shall include farm tractors and other machinery used in the production, harvesting, and care of farm products.
(10) “OctaBDE” means octabromodiphenyl ether or any technical mixture in which octabromodiphenyl ether is a congener.
(11) “PBDE” means polybrominated diphenyl ether.
(12) “PentaBDE” means pentabromodiphenyl ether or any technical mixture in which pentabromodiphenyl ether is a congener.
(13) “Residential upholstered furniture” means furniture intended for personal use that includes cushioning material covered by fabric or similar material.
(14) “TCEP” means tris(2-chloroethyl) phosphate, chemical abstracts service number 115-96-8, as of July 1, 2013.
(15) “TCPP” means tris(2-chloro-1-methylethyl) phosphate, chemical abstracts service number 13674-84-5, as of July 1, 2013.
(16) “TDCPP” means tris(1,3-dichloro-2-propyl) phosphate, chemical abstracts service number 13674-87-8, as of July 1, 2013.
(17) “Technical mixture” means a PBDE mixture that is sold to a manufacturer. A technical mixture is named for the predominant congener in the mixture but is not exclusively made up of that congener. (Added 2013, No. 85, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2973. Brominated flame retardants; prohibition

§ 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 weight.
(b) Except for inventory purchased prior to July 1, 2009, a person may not, as of July 1, 2010, manufacture, offer for sale, distribute for sale, or knowingly sell at retail the following products containing decaBDE in a concentration greater than 0.1 percent by weight:
(1) a mattress or mattress pad; or
(2) upholstered furniture.
(c) Except for inventory purchased prior to July 1, 2009, a person may not, as of July 1, 2012, manufacture, offer for sale, distribute for sale, or knowingly sell at retail a television or computer with a plastic housing containing decaBDE in a concentration greater than 0.1 percent by weight.
(d)(1) Except as provided in subdivision (2) of this subsection, beginning July 1, 2013, no person may manufacture, sell or offer for sale, or distribute for sale or use in the State plastic shipping pallets that contain decaBDE in a concentration greater than 0.1 percent by weight.
(2) Subdivision (1) of this subsection shall not apply to the sale, lease, distribution, or use in the State of:
(A) plastic shipping pallets manufactured prior to January 1, 2011; or
(B) plastic shipping pallets manufactured from recycled shipping pallets that contain decaBDE in a concentration that is no greater than the concentration of decaBDE in the recycled pallets from which the plastic pallets were manufactured. (Added 2013, No. 85, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2974. Chlorinated flame retardants

§ 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 residential upholstered furniture that contains a concentration of TCEP or TDCPP that is greater than 0.1 percent by weight in any product component.
(b) A retailer shall not, as of July 1, 2014, knowingly sell or offer for sale in or into this State any children’s product or residential upholstered furniture that contains a concentration of TCEP or TDCPP that is greater than 0.1 percent by weight in any product component.
(c)(1) Notwithstanding the requirements of subsections (a) and (b) of this section, the 0.1 percent-by-weight thresholds under this section for TCEP and TDCPP shall be applied to an individual article and not to individual product components for the following:
(A) personal computers, audio and video equipment, calculators, wireless telephones, game consoles, handheld devices incorporating a screen that are used to access interactive software and their associated peripherals, and cable and other similar connecting devices; and
(B) interactive software intended for leisure and entertainment, such as computer games, and their storage media, such as compact discs.
(2) In applying the requirements of the 0.1 percent-by-weight thresholds under this section for TCEP and TDCPP to an individual article under this subsection, the Attorney General shall interpret what constitutes an “article” in a manner that is consistent with industry practices and guidance, including the European Union’s Registration, Evaluation, and Restriction on Chemical Substances regulation, known as “REACH,” Regulation (EC) Number 1907/2006, Art. 3(3). (Added 2013, No. 85, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2975. Notice to retailers; disclosure of product content; consultation

§ 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 the requirements of this chapter.
(b) As of July 1, 2013, a manufacturer of a product that contains TCEP or TDCPP and that is prohibited under subsection 2974(a) or (b) of this chapter shall notify persons that sell the manufacturer’s product of the requirements of this chapter.
(c) As of March 31, 2014, a person other than a retailer who, since July 1, 2013, has manufactured, distributed, or sold in or into this State any product containing TCEP or TDCPP that is prohibited under subsection 2974(a) or (b) of this chapter shall notify persons who sell the manufacturer’s product of the fact that the product sold to the person selling the manufacturer’s product contains TCEP or TDCPP. The notification shall be sent by mail and shall notify the person selling the manufacturer’s product of the concentration of TCEP or TDCPP in the product sold in percent by weight of each product component.
(d) The Attorney General shall consult with retailers and retailer associations to assist retailers in complying with the requirements of this chapter. (Added 2013, No. 85, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2976. Replacement of regulated flame retardants

§ 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 the National Toxicology Program in the U.S. Department of Health and Human Services;
(2) classified as “carcinogenic to humans” or “likely to be carcinogenic to humans” in the U.S. Environmental Protection Agency’s most recent list of chemicals evaluated for carcinogenic potential; or
(3) identified by the U.S. Environmental Protection Agency or National Institutes of Health as causing birth defects, hormone disruption, neurotoxicity, or harm to reproduction or development. (Added 2013, No. 85, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2977. Exemptions

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2978. Violations; enforcement

§ 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, and bring civil actions, and private parties have the same rights and remedies as provided under chapter 63, subchapter 1 of this title. (Added 2013, No. 85, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2979. Production of information

§ 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 upholstered furniture offered for sale or distributed for sale in this State to provide the Attorney General with a certificate of compliance with this chapter with respect to such products. Within 30 days of receipt of the request for a certificate of compliance, the manufacturer shall:
(1) provide the Attorney General with a certificate declaring that its product complies with the requirements of this chapter; or
(2) notify persons who sell in this State a product of the manufacturer’s which does not comply with this chapter that sale of the product is prohibited and submit to the Attorney General a list of the names and addresses of those notified. (Added 2013, No. 85, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 80 - Flame Retardants › § 2980. Department of Health rulemaking; TCPP

§ 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 upholstered furniture if the Commissioner determines, based on the weight of available scientific studies, that the toxicity of TCPP and its potential exposure pathways in those products pose a significant public health risk as that term is defined in 18 V.S.A. § 2(12).
(b) The rule shall not regulate TCPP in a manner that is materially different from the requirements of sections 2972 (definitions), 2974 (chlorinated flame retardants), 2975 (notice to retailers; disclosure of product content; consultation), 2976 (replacement of regulated flame retardants), 2977 (exemptions), 2978 (violations; enforcement), and 2979 (production of information) of this title regarding the regulation of TCEP and TDCPP. The Commissioner shall adopt reasonable time frames for manufacturers, distributors, and retailers to comply with such provisions that are comparable to the time frames for the regulation of TCEP and TDCPP.
(c) A violation of a prohibition or requirement adopted by rule under this section shall be enforceable by the Attorney General under section 2978 of this title as a violation of this chapter.
(d) In addition to the public participation requirements of 3 V.S.A. chapter 25 and prior to submitting a rule authorized under this section to the Secretary of State under 3 V.S.A. § 838, the Commissioner shall make reasonable efforts to consult with interested parties within the State regarding a proposed prohibition on the manufacture, offer for sale, distribution for sale, or knowing sale at retail in the State of the flame retardant TCPP. The Commissioner may satisfy the consultation requirement of this section through the use of one or more workshops, focused work groups, dockets, meetings, or other forms of communication.
(e) A rule adopted by the Commissioner under this section shall become effective according to the following:
(1) A proposed rule filed with the Secretary of State under 3 V.S.A. § 838 on or before July 1, 2014 shall not go into effect earlier than one calendar year after the Commissioner files the adopted rule under 3 V.S.A. chapter 25.
(2) A proposed rule filed with the Secretary of State under 3 V.S.A. § 838 after July 1, 2014 shall not go into effect earlier than one calendar year after the Commissioner files the adopted rule under 3 V.S.A. chapter 25, unless the Commissioner determines that an earlier effective date is required to protect human health, the Commissioner notifies interested parties of the determination, and the new effective date is established by rule. (Added 2013, No. 85, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 81 - Gristmills › § 3001. Posting of rates

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82 - Scrap Metal Processors › § 3021. Definitions

§ 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 normal processing operations of scrap metal.
(3) “Metal article” means any manufactured item consisting of metal that is usable for its originally intended purpose without processing, repair, or alteration, including railings, copper or aluminum wire, copper pipe and tubing, bronze cemetery plaques, urns, markers, plumbing fixtures, and cast-iron radiators.
(4) “Nonferrous scrap” means any scrap metal consisting primarily of metal other than iron or steel, and does not include aluminum beverage cans, post-consumer household items, items removed during building renovations or demolitions, or large manufactured items containing small quantities of nonferrous metals such as automobile bodies and appliances.
(5) “Proprietary article” means any of the following:
(A) Any metal article stamped, engraved, stenciled, or marked as being or having been the property of a governmental entity, public utility, or a transportation, shipbuilding, ship repair, mining, or manufacturing company.
(B) Any hard-drawn copper electrical conductor, cable, or wire greater than 0.375 inches in diameter, stranded or solid.
(C) Any aluminum conductor, cable, or wire greater than 0.75 inches in diameter, stranded or solid.
(D) Metal beer kegs.
(E) Manhole covers.
(F) Catalytic converters.
(6) “Scrap metal” means any manufactured item or article that contains metal.
(7) “Scrap metal processor” means:
(A) a salvage yard, as defined in 24 V.S.A. § 2241(7); or
(B) a person engaged in the business of purchasing ferrous scrap, nonferrous scrap, metal articles, or proprietary articles, whether for resale or for processing into raw material products consisting of prepared grades.
(C) “Scrap metal processor” does not include:
(i) a salvage yard described in 24 V.S.A. § 2248(e); or
(ii) a salvage yard or salvage dealer that only accepts or dismantles motor vehicles and flattens or crushes the motor vehicles for transportation to a scrap metal processor.
(8) “Railroad scrap” means any scrap metal consisting primarily of the steel components used in rolling stock and railroad tracks, including rails, joint bars, tie plates, anchors, turnouts, frogs, and spikes. “Railroad scrap” also includes railroad signals and signal components. (Added 2007, No. 195 (Adj. Sess.), § 10; amended 2011, No. 167 (Adj. Sess.), § 1, eff. May 18, 2012; 2013, No. 167 (Adj. Sess.), § 27.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82 - Scrap Metal Processors › § 3023. Penalties

§ 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 more than $25,000.00 for each transaction. (Added 2007, No. 195 (Adj. Sess.), § 10; amended 2023, No. 31, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82A - Labeling of Food Produced With Genetic Engineering › § 3041. Purpose

§ 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 potential health risks of food produced from genetic engineering.
(2) Environmental impacts. Inform the purchasing decisions of consumers who are concerned about the potential environmental effects of the production of food from genetic engineering.
(3) Consumer confusion and deception. Reduce and prevent consumer confusion and deception by prohibiting the labeling of products produced from genetic engineering as “natural” and by promoting the disclosure of factual information on food labels to allow consumers to make informed decisions.
(4) Protecting religious practices. Provide consumers with data from which they may make informed decisions for religious reasons. (Added 2013, No. 120 (Adj. Sess.), § 2, eff. July 1, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82A - Labeling of Food Produced With Genetic Engineering › § 3043. Labeling of food produced with genetic engineering

§ 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 retail sale in Vermont; and
(2) entirely or partially produced with genetic engineering.
(b) If a food is required to be labeled under subsection (a) of this section, it shall be labeled as follows:
(1) in the case of a packaged raw agricultural commodity, the manufacturer shall label the package offered for retail sale, with the clear and conspicuous words “produced with genetic engineering”;
(2) in the case of any raw agricultural commodity that is not separately packaged, the retailer shall post a label appearing on the retail store shelf or bin in which the commodity is displayed for sale with the clear and conspicuous words “produced with genetic engineering”; or
(3) in the case of any processed food that contains a product or products of genetic engineering, the manufacturer shall label the package in which the processed food is offered for sale with the words: “partially produced with genetic engineering”; “may be produced with genetic engineering”; or “produced with genetic engineering.”
(c) Except as set forth under section 3044 of this title, a manufacturer of a food produced entirely or in part from genetic engineering shall not label the product on the package, in signage, or in advertising as “natural,” “naturally made,” “naturally grown,” “all natural,” or any words of similar import that would have a tendency to mislead a consumer.
(d) This section and the requirements of this chapter shall not be construed to require:
(1) the listing or identification of any ingredient or ingredients that were genetically engineered; or
(2) the placement of the term “genetically engineered” immediately preceding any common name or primary product descriptor of a food. (Added 2013, No. 120 (Adj. Sess.), § 2, eff. July 1, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82A - Labeling of Food Produced With Genetic Engineering › § 3044. Exemptions

§ 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 has been fed or injected with any food, drug, or other substance produced with genetic engineering.
(2) A raw agricultural commodity or processed food derived from it that has been grown, raised, or produced without the knowing or intentional use of food or seed produced with genetic engineering. Food will be deemed to be as described in this subdivision only if the person otherwise responsible for complying with the requirements of subsection 3043(a) of this title with respect to a raw agricultural commodity or processed food obtains, from whomever sold the raw agricultural commodity or processed food to that person, a sworn statement that the raw agricultural commodity or processed food has not been knowingly or intentionally produced with genetic engineering and has been segregated from and has not been knowingly or intentionally commingled with food that may have been produced with genetic engineering at any time. In providing such a sworn statement, any person may rely on a sworn statement from his or her own supplier that contains the affirmation set forth in this subdivision.
(3) Any processed food that would be subject to subsection 3043(a) of this title solely because it includes one or more processing aids or enzymes produced with genetic engineering.
(4) Any beverage that is subject to the provisions of Title 7.
(5) Any processed food that would be subject to subsection 3043(a) of this title solely because it includes one or more materials that have been produced with genetic engineering, provided that the genetically engineered materials in the aggregate do not account for more than 0.9 percent of the total weight of the processed food.
(6) Food that an independent organization has verified has not been knowingly or intentionally produced from or commingled with food or seed produced with genetic engineering. The Office of the Attorney General, after consultation with the Department of Health, shall approve by procedure the independent organizations from which verification shall be acceptable under this subdivision (6).
(7) Food that is not packaged for retail sale and that is:
(A) a processed food prepared and intended for immediate human consumption; or
(B) served, sold, or otherwise provided in any restaurant or other food establishment, as defined in 18 V.S.A. § 4301, that is primarily engaged in the sale of food prepared and intended for immediate human consumption.
(8) Medical food, as that term is defined in 21 U.S.C. § 360ee(b)(3). (Added 2013, No. 120 (Adj. Sess.), § 2, eff. July 1, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82A - Labeling of Food Produced With Genetic Engineering › § 3045. Retailer liability

§ 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 label a raw agricultural commodity as required by section 3043 of this title, provided that the retailer, within 30 days of any proposed enforcement action or notice of violation, obtains a sworn statement in accordance with subdivision 3044(2) of this title. (Added 2013, No. 120 (Adj. Sess.), § 2, eff. July 1, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82A - Labeling of Food Produced With Genetic Engineering › § 3046. Severability

§ 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 not affect other provisions of this section that can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. (Added 2013, No. 120 (Adj. Sess.), § 2, eff. July 1, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82A - Labeling of Food Produced With Genetic Engineering › § 3047. False certification

§ 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 engineering and has been segregated from and has not been knowingly or intentionally commingled with food that may have been produced with genetic engineering at any time. (Added 2013, No. 120 (Adj. Sess.), § 2, eff. July 1, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 82A - Labeling of Food Produced With Genetic Engineering › § 3048. Penalties; enforcement

§ 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 of the same product displayed or offered for retail sale. Civil penalties assessed under this section shall accrue and be assessed per each uniquely named, designated, or marketed product.
(b) The Attorney General shall have the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as provided under chapter 63, subchapter 1 of this title. Consumers shall have the same rights and remedies as provided under chapter 63, subchapter 1 of this title. (Added 2013, No. 120 (Adj. Sess.), § 2, eff. July 1, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 83 - Innkeepers and Victualers › § 3061. Issuance and revocation

§ 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 by them or by their predecessors when the public good requires it. This subsection shall not apply to homes catering to tourists, tearooms, or tourist camps.
(b) The judges of the Superior Court may grant licenses to keep inns or hotels in unorganized towns and gores in their respective counties and may revoke the same when the public good so requires.
(c) A person who keeps an inn, hotel, restaurant, or other place dispensing food or drink to the public without a license, when one is required, as provided in subsections (a) and (b) of this section, shall be fined not less than $10.00 nor more than $50.00. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)