reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2510. Pay-per-call fulfillment services

§ 2510. Pay-per-call fulfillment services
It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services that involve provision of value-added information, not product sales, with a supplemental tangible item sent free of charge to the customer after the completion of the call unless all advertisements and promotions for such services include:
(1) an 800 number or business name and full address for callers to obtain additional information or to follow up on items not yet received; and
(2) the true market value of the item to be sent free of charge and a complete and accurate description of the item. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2511. Automatic dialing devices

§ 2511. Automatic dialing devices
It shall be an unlawful practice for a sponsor to utilize equipment programmed to randomly or sequentially dial telephone numbers to advertise, promote, or initiate pay-per-call services. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2512. Chain referral services

§ 2512. Chain referral services
It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services that require a caller to access more than one pay-per-call service in order to receive the full benefit of the service. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2513. Automatic billing arrangements

§ 2513. Automatic billing arrangements
It shall be an unlawful practice for a sponsor to initiate or make available pay-per-call services that impose a pay-per-call charge on persons as a result of a call placed to them, or that impose a pay-per-call charge on persons who have made a call to regular or noncharged telephone lines, unless the caller initiates a separate call to the pay-per-call service using a telephone number expressly identified by the sponsor as a pay-per-call number. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2514. Billing for pay-per-services; Public Utility Commission authority

§ 2514. Billing for pay-per-services; Public Utility Commission authority
(a) Every local exchange company and interexchange carrier providing billing and collection services for pay-per-call services doing business in this State shall:
(1) list all charges for pay-per-call services on a separate section of the subscriber telephone bill, which section shall be titled “Pay-Per-Call Services”; and
(2) state on at least a quarterly basis, through bill inserts or other means reasonably calculated to notify customers, in a clear and conspicuous manner that telephone service will not be disconnected if the subscriber fails to pay for pay-per-call charges.
(b) Any other entity providing or performing billing and collection services for a pay-per-call service doing business in this State shall:
(1) comply with the terms of subdivision (a)(1) of this section; and
(2) ensure that each pay-per-call service section of the consumer’s bill, as well as the page containing the amount of the total bill, state in a clear and conspicuous manner that telephone service will not be disconnected if the subscriber fails to pay for pay-per-call charges.
(c) In addition to its other authority under Title 30, the Public Utility Commission shall have the authority to regulate compliance with this section and to adopt any other rules to protect consumers that the Commission finds necessary and appropriate and in accordance with this chapter, including rules concerning periodic notification of the passage of time to a caller while using interactive pay-per-call services and rules setting specific caps for any type of pay-per-call service. (Added 1993, No. 99, § 2; amended 2015, No. 23, § 91.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2516. Violations

§ 2516. Violations
(a) A violation of this chapter is deemed to be a violation of section 2453 of this title, the State’s general civil antifraud statute. This section shall not be construed to limit a person’s liability under any other law.
(b) With respect to a pay-per-call service that fails to meet the requirements of this chapter, no sponsor shall:
(1) bill, cause to bill, collect, or cause to collect from the caller for the service; or
(2) report any amount due for the service to any consumer reporting agency as defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f).
(c) The Attorney General has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to acts and practices governed by this chapter as is provided under chapter 63, subchapter 1 of this title.
(d) A caller has the same rights with respect to any act or practice governed by this chapter as a consumer has under section 2461 of this title. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 68 - Charitable Gift Annuities › § 2517. Charitable gift annuities

§ 2517. Charitable gift annuities
(a) Definitions. As used in this section:
(1) “Annuity obligation” means the present value of the charity’s payment obligation to the donor as calculated by the Internal Revenue Code actuarial tables.
(2) “Charitable gift annuity” means an annuity described in 26 U.S.C. § 501(m)(5) and 514(c)(5).
(3) “Charitable organization” means an entity described either in 26 U.S.C. § 501(c)(3) or 170(c).
(4) “Qualified charitable organization” means a charitable organization that:
(A) has a minimum of $300,000.00 in unrestricted cash, cash equivalents, or publicly traded securities, in addition to the assets necessary to fund the charity’s outstanding annuity obligations; and
(B) has been in continuous operation for at least three years, or is a successor or affiliate of a charitable organization that has been in continuous operation for at least three years.
(b) Limitation. Charitable gift annuities may be issued and maintained only by a qualified charitable organization.
(c) Notice to donor. When entering into an agreement for a charitable gift annuity, the charitable organization shall disclose to the donor in writing in the annuity agreement, in print no smaller than that used in the annuity agreement generally, that a charitable gift annuity is not insurance under the laws of this State and is not subject to regulation as insurance by the Department of Financial Regulation or protected by an insurance guaranty association. The following information shall also be similarly disclosed:
(1) the intervals at which payment is to be made;
(2) when payments are scheduled to begin; and
(3) the amount of each payment.
(d) Effect of failure to provide notice. The failure of a charitable organization to comply with the notice requirements imposed under subsection (c) of this section does not prevent a charitable gift annuity that otherwise meets the requirements of this section from constituting a valid charitable gift annuity. The Attorney General may enforce the performance of the requirements of subsection (c) of this section by sending a letter by certified mail, return receipt requested, demanding that the charitable organization comply with the requirements of subsection (c) of this section. A charitable organization that fails to comply with subsection (c) of this section shall be subject to a civil penalty not to exceed $1,000.00 for each noncomplying agreement, up to a maximum total penalty of $10,000.00. (Added 2001, No. 37, § 2; amended 2021, No. 20, § 24.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2521. Trademark defined

§ 2521. Trademark defined
The term “trademark” as used in this subchapter includes any word, name, symbol, or device, or any combination thereof, adopted and used:
(1) by a manufacturer or merchant to identify his or her goods and distinguish them from those manufactured or sold by others; or
(2) by another person on goods produced by his or her labor. (Amended 2021, No. 20, § 25.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2522. Registration

§ 2522. Registration
Every person who adopts and uses any trademark for the purpose of designating, making known, and distinguishing any merchandise, goods, wares, or other products of labor, manufactured, produced, compounded, sold, or offered for sale in this State may, subject to the limitations hereafter set forth, file for record in the Office of the Secretary of State a statement under oath setting forth:
(1) The name and address of the person applying for such registration.
(2) The class of merchandise and a particular description of the goods comprised in each class to which such trademark has been appropriated and the mode in which it is used, the general nature of the applicant’s business, and the use of the subject of registration.
(3) The date when such trademark hereunder was first used or adopted, and that no other person has the right to it, either in the identical form, or having such near resemblance thereto as may be calculated to deceive, or that would be liable to be mistaken therefor.
(4) A facsimile, copy, or counterpart of such trademark shall be incorporated in or annexed to such statement, and a duplicate shall be filed therewith. Such statement shall be signed by the applicant in whose behalf it is filed, or by his, her, or its agent or duly authorized officer.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2523. Certificate of registration; filing fee

§ 2523. Certificate of registration; filing fee
There shall be paid to the Secretary of State for the filing of such statement a fee of $35.00. The Secretary of State shall deliver to the person filing such statement or causing the same to be filed a certificate of registration under the Secretary’s signature and State Seal, showing the name and address of the person claiming ownership of the trademark registered, the date of such filing, a general description of the trademark to be registered, and a receipt showing the payment of the filing fee therefore. The fee for renewal of any registration shall be $35.00. (Amended 2003, No. 70 (Adj. Sess.), § 6, eff. March 1, 2004; 2023, No. 77, § 42, eff. June 20, 2023.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2524. Duration and renewal

§ 2524. Duration and renewal
Registrations recorded under the provisions of this subchapter shall be effective for 10 years and shall be renewable for like periods upon application to the Secretary of State and payment of the fee specified in section 2523 of this title. Registrants of trademarks recorded hereunder shall be notified by the Secretary of State of the necessity of renewal within the one-year period next preceding the expiration of the 10 years from the date of registration. Trademarks previously registered under sections 7757 to 7762, inclusive, of the Vermont Statutes, Revision of 1947, shall expire six months after January 1, 1958, or 10 years from the date of their registration, whichever date is later, and applications for re-registration may be made within the six months’ period preceding the expiration of the original registration. The fee for a re-registration under the provisions of this section shall be $20.00. (Amended 2003, No. 70 (Adj. Sess.), § 7, eff. March 1, 2004.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2525. Assignments

§ 2525. Assignments
Title to any trademark and its registration hereunder may be transferred and assigned to any person together with the goodwill of the business to which such trademark pertains or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Written assignments shall be recorded by the Secretary of State upon payment of the fee of $35.00. When such assignment is recorded, a new certificate of registration shall be issued in the name of the assignee. (Amended 2003, No. 70 (Adj. Sess.), § 8, eff. March 1, 2004; 2023, No. 77, § 43, eff. June 20, 2023.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2526. Applications for registration; classification

§ 2526. Applications for registration; classification
All applications for registration of a trademark and renewals or assignments thereof shall be on forms prescribed by the Secretary of State. The Secretary of State shall establish classes of merchandise for the purpose of trademark registration, and shall determine the particular descriptions of goods comprised in each class. (Amended 1981, No. 217 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2527. Suitability for registration

§ 2527. Suitability for registration
(a) The Secretary of State shall not register a trademark that consists of or comprises immoral, deceptive, or scandalous matter; or matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute, or consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation or any simulation thereof.
(b) The Secretary of State shall not register as a trademark the portrait of any living individual, except with the consent of such individual evidenced by an instrument in writing, or a merely geographical name or term, or any trademark that is identical with any trademark theretofore used or registered by any other person that, when applied to the goods of the applicant, is likely to cause confusion or mistake or to deceive purchasers, or that so nearly resembles such trademark as to be likely to cause confusion or mistake in the minds of the public or to deceive purchasers, or any trademark that consists merely in the name of any person, not written, printed, impressed, or woven in a particular or distinctive manner or in association with a portrait of such individual, or that consists merely in words that are descriptive of the merchandise with which they are used or the character or quality of such merchandise. (Amended 1981, No. 217 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2528. Fraudulent registration

§ 2528. Fraudulent registration
Any person who shall for himself, herself, or on behalf of any other person, procure the filing and registration of any trademark by making knowingly and willfully any false or fraudulent representations or declarations, verbally, or in writing, or by any fraudulent means, shall be liable to pay all damages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby, in a civil action on this statute, and shall be fined not exceeding $500.00 or imprisoned not exceeding one year, or both.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2529. Enjoining use of counterfeits or imitations

§ 2529. Enjoining use of counterfeits or imitations
A person who has adopted and registered a trademark as aforesaid, may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof, and the Superior Court may grant injunctions to restrain such manufacture, use, display, or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such person all profits derived from such wrongful manufacture, use, display, or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2530. Violations

§ 2530. Violations
Subject to the provisions of section 2532 of this title, no person shall knowingly and willfully:
(1) falsely make, counterfeit, imitate, sell, offer for sale, or in any way utter or circulate any trademark that has been registered in accordance with the provisions of this subchapter;
(2) affix to any article of merchandise a false or counterfeit or imitation trademark, or the genuine trademark of another that has been registered in accordance with the provisions of this subchapter, without the latter’s consent;
(3) sell, keep, or offer for sale an article of merchandise, to which is affixed a false or counterfeit trademark, or the genuine trademark, or an imitation of the trademark of another that has been registered in accordance with the provisions of this subchapter, without the latter’s consent;
(4) have in his or her possession a counterfeit trademark or a die, plate, brand, or other thing for the purpose of falsely making or counterfeiting a trademark that has been registered in accordance with the provisions of this subchapter; or
(5) make or sell, or offer to sell or dispose of, or have in his or her possession with intent to sell or dispose of, an article of merchandise with a trademark that has been registered in accordance with the provisions of this subchapter by another, which indicates falsely the quantity, character, place of manufacture or production, or person manufacturing, producing, or sponsoring the article.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2531. Penalties

§ 2531. Penalties
Subject to the provisions of section 2532 of this title, any person who violates any of the provisions of section 2530 of this title shall be fined not more than $500.00 or imprisoned for not more than one year, or both, and shall be liable to pay all damages sustained in consequence of such violation of section 2530, to be recovered by or on behalf of the party injured thereby, in a civil action on this statute.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2571. Publication and registration of name or mark of owner

§ 2571. Publication and registration of name or mark of owner
A person or corporation engaged in buying, selling, or dealing in milk, cream, or nonintoxicating beverages in receptacles, or a licensed buyer, dealer in, or vendor of, intoxicating beverages, whose name, mark, or other device is produced in a permanent manner in or upon such receptacle, may file in the office of the clerk of the town in which his, her, or its principal place of business is situated, a description of the name, mark, or other device so used, and cause such description to be published in such town four weeks successively in a newspaper published therein. If a newspaper is not published therein, such publication shall be in a newspaper published in the county in which such town is situated.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2572. Penalty for use of mark without consent of owner

§ 2572. Penalty for use of mark without consent of owner
A person who, without the owner’s consent, buys, sells, takes, uses in his or her business, conceals, or disposes of a receptacle belonging to a person or corporation that has complied with the provisions of section 2571 of this title shall be imprisoned not more than 60 days or fined not more than $5.00, or both, for each such receptacle so unlawfully bought, sold, taken, used, concealed, or disposed of. For each subsequent offense, such person shall be imprisoned not more than six months or fined not more than $10.00, or both, for each such receptacle so unlawfully bought, sold, taken, used, concealed, or disposed of. The possession by a person in the transaction of his or her business of a receptacle, the owner of which has complied with the provisions of section 2571 of this title, shall be prima facie evidence that the same was unlawfully bought, sold, taken, used, concealed, or disposed of. (Amended 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2573. Mutilating receptacle or erasing name; penalty

§ 2573. Mutilating receptacle or erasing name; penalty
A person who willfully destroys, mutilates, or defaces a receptacle bearing the name or other device of an owner who has complied with the provisions of section 2571 of this title, or willfully erases, mars, covers, or changes a name or other device produced in a permanent manner in or upon such receptacle, shall be imprisoned not more than 60 days or fined not more than $5.00, or both, for each receptacle so destroyed, mutilated, or defaced, or upon which a name or other device has been erased, marred, covered, or changed. For each subsequent offense, he or she shall be imprisoned not more than six months or fined not more than $10.00, or both, for each receptacle so destroyed, mutilated, or defaced or upon which a name or other device has been erased, marred, covered, or changed. (Amended 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2574. Destroying or polluting butter crates or carriers; penalty

§ 2574. Destroying or polluting butter crates or carriers; penalty
A person who puts any unclean or foul matter into a receptacle, the owner of which has complied with the provisions of section 2571 of this title, or who mutilates, destroys, or pollutes a butter crate or carrier, shall be fined not more than $5.00 or less than $0.50 for each receptacle so defiled, mutilated, or destroyed, and, for each subsequent offense, shall be fined not more than $20.00 nor less than $2.00 for each receptacle so defiled, mutilated, or destroyed.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 71 - Trademarks; Registration of Name or Mark › § 2575. Search warrant; judicial proceedings

§ 2575. Search warrant; judicial proceedings
If a person or corporation that has complied with the provisions of section 2571 of this title, or the agent of such person or corporation, makes oath before a judge of a Criminal Division of the Superior Court that he or she has reason to believe and does believe that a person has unlawfully in his or her possession or is secreting a receptacle marked as provided in section 2571 of this title, the judge, if satisfied that there is a reasonable cause for the belief, shall issue a search warrant to discover and obtain the same, and may cause to be brought before him or her a person in whose possession such receptacle is found, and shall inquire into the circumstances of the possession. If the judge finds that the person is guilty of a willful violation of a provision of sections 2572-2574 of this title, he or she shall impose the penalty prescribed therein, and award to the owner the possession of the property taken upon the search warrant. (Amended 1965, No. 194, § 10; 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 72 - Mobile Homes › § 2601. Definitions

§ 2601. Definitions
(a) As used in this chapter, unless the context requires otherwise, “mobile home” means:
(1) A mobile home as defined in 10 V.S.A. § 6201.
(2) An unmotorized vehicle, other than a travel or recreational trailer, designed to be towed and designed or equipped for use as sleeping, eating, or living quarters.
(b) A mobile home remains a mobile home for purposes of this chapter even though it may be used for advertising, sales, display, or promotion of merchandise or services, or for any other commercial purposes except the transportation of property.
(c) A mobile home that was financed as residential real estate shall be defined as residential real estate.
(d) “Permanently sited” means the mobile home has become affixed to the land. Factors that tend to show a mobile home is permanently sited include:
(1) The mobile home has been set up on blocks or otherwise stabilized so that the wheels do not form a major part of the structural support.
(2) The mobile home has been connected to utilities such as electricity, sewage, water, gas, or oil.
(3) Skirting has been installed around the base of the mobile home.
(4) The wheels or axles have been removed.
(5) The mobile home has been situated in a place that makes removal unlikely. (Added 1971, No. 103; amended 1983, No. 237 (Adj. Sess.), § 1; 1989, No. 229 (Adj. Sess.), § 1; 2003, No. 104 (Adj. Sess.), § 3; 2007, No. 176 (Adj. Sess.), § 38.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 72 - Mobile Homes › § 2603. Financing of mobile homes; creditors’ remedies; retail installment contract disclosure

§ 2603. Financing of mobile homes; creditors’ remedies; retail installment contract disclosure
(a) Except as provided in subsection (b) of this section, a mobile home may be financed under chapter 59 of this title, or under subdivision 41a(b)(4) of this title.
(b) A mobile home that is or is intended to be permanently sited for continuous residential occupancy by the owner on land that is:
(1) Owned by the owner of the mobile home shall be financed as residential real estate.
(2) Leased by the owner of the mobile home may be financed as residential real estate.
(c) The holder of a retail installment contract, promissory note, or other evidence of indebtedness, secured by collateral consisting of a mobile home, shall not have the prejudgment remedies provided in 9A V.S.A. § 9—609, 12 V.S.A. § 5331, V.R.C.P. 64 or V.R.C.P. 4.1, except where V.R.C.P. 64(b)(3) or V.R.C.P. 4.1(b)(3) applies, with respect to the mobile home. The holder of the retail installment contract may proceed in Superior Court by action to take possession of the mobile home under 9A V.S.A. § 9—609. An action to take possession of a mobile home shall be heard by the Superior Court within 90 days of filing of the action.
(d) A mobile home that is permanently sited in a manner intended for continuous residential occupancy by the owner, on land owned or leased by its owner, shall be considered a homestead under 27 V.S.A. chapter 3.
(e) At the time a motor vehicle retail installment sales contract for purchase of a mobile home is taken, a retail seller shall provide to the potential buyer written disclosure in a form approved by the Commissioner of Financial Regulation. The disclosure shall clearly state that other financing options may be available for the purchase of the mobile home, including financing offered by the Vermont Housing Finance Agency, lenders licensed pursuant to 8 V.S.A. chapter 73, a financial institution as described in 8 V.S.A. § 11101(32), or a credit union. Any person who fails to comply with this subsection may be fined by the Commissioner no more than $1,000.00 for each occurrence. (Added 1971, No. 103; amended 1975, No. 215 (Adj. Sess.), § 1, eff. April 1, 1976; 1979, No. 173 (Adj. Sess.), § 24, eff. April 30, 1980; 2003, No. 104 (Adj. Sess.), § 6; 2007, No. 176 (Adj. Sess.), § 39.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 72 - Mobile Homes › § 2605. Mobile home bill of sale conversion process

§ 2605. Mobile home bill of sale conversion process
The owner of any mobile home that was initially financed pursuant to a motor vehicle loan, motor vehicle retail installment contract, or another form of chattel mortgage shall, if the mobile home is subsequently financed as residential real estate pursuant to subsection 2603(b) of this title, file a request for purging of the security interest with the clerk of the municipality where the chattel mortgage for the mobile home was last recorded.
(1) A request to purge the security interest of a mobile home shall include the most recent Vermont uniform bill of sale or certificate of origin, the terminated UCC financing statement or statements, and an executed warranty or quitclaim deed, which shall be drafted substantially in the form provided in section 2604 of this title.
(2) Upon the filing of a request to purge the security interest of a mobile home with the clerk of the municipality where the chattel mortgage for the mobile home was last recorded, and upon the owner’s procuring the consent of the holders of any security interest in the mobile home shown to be unreleased, the mobile home shall become residential real estate.
(3) Upon receiving a request to purge the security interest of a mobile home, the municipal clerk shall mark or stamp the originally filed Vermont uniform bill of sale or certificate of origin with the word “converted.”
(4) A mobile home that has been converted to residential real estate shall not be converted or redefined as personal property. (Added 2007, No. 176 (Adj. Sess.), § 41.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 72 - Mobile Homes › § 2607. Penalty

§ 2607. Penalty
A person who violates a provision of this chapter:
(1) except for violations of subsection 2603(e) of this title, shall be fined not more than $5,000.00 for each occurrence; and
(2) shall be subject to all the remedies and penalties available to a consumer and the Attorney General under chapter 63 of this title. (Added 2007, No. 176 (Adj. Sess.), § 43.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2631. Regulation of weights and measures

§ 2631. Regulation of weights and measures
All weights and measures and weighing and measuring devices used in this State shall be regulated by the Secretary of Agriculture, Food and Markets in accordance with this chapter. (Added 1967, No. 102, § 6, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2632. General powers and duties of Secretary

§ 2632. General powers and duties of Secretary
(a) The Secretary shall have the custody of the State standards of weight and measure and of the other standards and equipment provided for by this chapter, and shall keep accurate records of them. The Secretary shall enforce the provisions of this chapter. The Secretary shall have and keep general supervision over the weights and measures offered for sale, sold, or in use in the State. Notwithstanding 32 V.S.A. § 603, the Secretary shall set and charge such fees as in his or her opinion will cover costs for performing calibrations in laboratories of the Agency of Agriculture, Food and Markets and for use of the heavy duty test unit when assisting licensed service persons in repairing, adjusting, and installing scales.
(b) Fees and reimbursements of costs collected by the Agency of Agriculture, Food and Markets under the provisions of this chapter and 6 V.S.A. § 3022 shall be credited to a weights and measures special fund and shall be available to the Agency to offset the costs of implementing this chapter and 6 V.S.A. chapter 172. (Added 1967, No. 102, § 7, eff. April 14, 1967; amended 1971, No. 69, § 1, eff. April 15, 1971; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 227 (Adj. Sess.), § 7; 1999, No. 49, § 127; 2013, No. 191 (Adj. Sess.), § 32, eff. July 1, 2015; 2015, No. 57, § 27.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2633. Specific powers and duties of Secretary; regulations

§ 2633. Specific powers and duties of Secretary; regulations
(a) The Secretary shall issue from time to time reasonable regulations for the enforcement of this chapter, which regulations shall have the force and effect of law. These regulations may include (1) standards of net weight, measure, or count, and reasonable standards of fill, for any commodity in package form, (2) rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties, (3) exemptions from the sealing or marking requirements of section 2639 of this title with respect to weights and measures of such character or size that such sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question. These regulations shall include specifications, tolerances, and other technical requirements for weights and measures of the character of those specified in section 2635 of this title, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those (1) that are not accurate, (2) that are of such construction that they are faulty ‐that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly ‐or (3) that facilitate the perpetration of fraud.
(b) The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices, as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices,” and supplements thereto, or revisions thereof, shall apply to weighing and measuring devices in the State, except insofar as modified or rejected by regulation.
(c) The uniform regulation for packaging and labeling, the uniform regulation for unit pricing, and the uniform regulation for the method of sale of commodities, except for bread, as adopted by the National Conference on Weights and Measures, and published by the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” together with amendments, supplements, and revisions thereto, are adopted as part of this chapter except as modified or rejected by regulation. (Added 1967, No. 102, § 8, eff. April 14, 1967; amended 1973, No. 22, § 1; 1977, No. 37; 1991, No. 80, § 1; 1991, No. 227 (Adj. Sess.), § 7; 1993, No. 74, § 6; 2015, No. 39, § 19.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2634. Testing at State-supported institutions

§ 2634. Testing at State-supported institutions
The Secretary shall test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which monies are appropriated by the Legislature. (Added 1967, No. 102, § 9, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2635. General testing

§ 2635. General testing
(a) When not otherwise provided by law, the Secretary may inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. The Secretary shall, within a 12-month period, or more or less frequently as deemed necessary, inspect and test, to ascertain if they are correct, all weights and measures commercially used (1) in determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count, or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count. However, with respect to single-service devices—that is, devices designed to be used commercially only once and to be then discarded—and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of those devices; and the lots of which those samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on those samples.
(b) Upon request by the Secretary, the owner or person responsible for a weighing or measuring device subject to the requirements of this chapter shall make the device available for inspection during that business’s normal operating hours and shall provide reasonable assistance as determined by the Secretary to complete the inspection. (Added 1967, No. 102, § 10, eff. April 14, 1967; amended 1991, No. 80, § 5; 1991, No. 227 (Adj. Sess.), § 7; 2019, No. 129 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2636. Investigations

§ 2636. Investigations
The Secretary shall investigate complaints made to him or her concerning violations of this chapter, and shall, upon his or her own initiative, conduct such investigations as he or she deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions. (Added 1967, No. 102, § 11, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2637. Inspection of packages

§ 2637. Inspection of packages
The Secretary shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale, or sold, in accordance with law; and when those packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the Secretary may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the Secretary may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of the lot. No person may (1) sell, or keep, offer, or expose for sale, in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless the package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner except with the specific approval of the Secretary. (Added 1967, No. 102, § 12, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2638. Stop-use, stop-removal, and removal orders

§ 2638. Stop-use, stop-removal, and removal orders
The Secretary may issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his or her enforcement of this chapter he or she deems it necessary or expedient to issue such orders. No person may use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under this section. (Added 1967, No. 102, § 13, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2639. Disposition of correct and incorrect apparatus

§ 2639. Disposition of correct and incorrect apparatus
The Secretary shall approve for use and seal or mark with appropriate devices such weights and measures as he or she finds upon inspection and test to be “correct” as defined in section 2633 of this title, and shall reject and mark or tag as “rejected” such weights and measures as he or she finds, upon inspection or test, to be “incorrect” as defined in section 2633 of this title, but that in his or her best judgment are susceptible of satisfactory repair. However, such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the Secretary issued under section 2633 of this title. The Secretary shall condemn, and may seize and may destroy, weights and measures found to be incorrect that, in his or her best judgment, are not susceptible of satisfactory repair. Weights and measures that have been rejected may be confiscated and may be destroyed by the Secretary if not corrected as required by section 2642 of this title, or if used, or disposed of contrary to the requirements of section 2642 of this title. (Added 1967, No. 102, § 14, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2640. Police powers; right of entry and stoppage

§ 2640. Police powers; right of entry and stoppage
With respect to the enforcement of this chapter and any other laws dealing with weights and measures that he or she is, or may be, empowered to enforce, the Secretary is vested with full police powers, and may arrest, without formal warrant, any violator of those laws, and may seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts of packages of commodity found to be used, retained, offered, or exposed for sale, or sold, in violation of the law. In the performance of his or her official duties, the Secretary may enter and go into or upon, without formal warrant, any structure or premises, and may stop any person whatsoever and require him or her to proceed, with or without any vehicle of which he or she may be in charge, to some place that the Secretary may specify. (Added 1967, No. 102, § 15, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2641. Powers and duties of inspector

§ 2641. Powers and duties of inspector
The powers and duties given to the Secretary by sections 2634-2640 and 2767 of this title are also given to and imposed upon the inspectors when acting under the instructions and at the direction of the Secretary. (Added 1967, No. 102, § 16, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2642. Duty of owners of incorrect apparatus

§ 2642. Duty of owners of incorrect apparatus
Weights and measures that have been rejected under the authority of the Secretary or of an inspector shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of the rejected weights and measures shall cause them to be made correct within the period authorized by the rejecting authority; or, in lieu of this, may dispose of them, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially re-examined and found to be correct or until specific written permission for that use is issued by the rejecting authority; or until the rejection tag has been removed and the rejected device repaired and placed in service by a person duly registered to do so. (Added 1967, No. 102, § 17, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2643. Licenses; inspections; penalties

§ 2643. Licenses; inspections; penalties
(a) No person shall operate a retail point-of-sale laser scanning check-out system with more than two point-of-sale scanning points without first obtaining a license from the Secretary.
(1) The Secretary may issue a license without first testing the accuracy and use of the point-of-sale laser scanning check-out system pursuant to subsection (b) of this section.
(2) The annual license fee shall be $10.00 per individual point-of-sale scanning point within a store. All single retail units that have two or fewer scanning points shall be exempt from this fee.
(b) The Secretary shall, from time to time, test the accuracy and use of laser scanning and other computer assisted check-out systems in stores. The Secretary shall compare the programmed computer price with the item price of any consumer commodity offered by a store. The store shall provide access to the computer as is necessary to allow the Secretary to conduct the accuracy test. If, upon review, the programmed price of a commodity exceeds the price printed on or the advertised price of the commodity, the store may be subject to license denial, revocation, suspension, or the administrative penalties allowed by 6 V.S.A. § 15 for overcharge errors identified in more than two percent of the commodities reviewed. (Added 1989, No. 198 (Adj. Sess.), § 2, eff. Jan. 1, 1991; amended 1991, No. 227 (Adj. Sess.), § 7; 2009, No. 134 (Adj. Sess.), § 18; 2015, No. 149 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2652. Systems of weights and measures

§ 2652. Systems of weights and measures
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the State of Vermont. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents, as published by the National Institute of Standards and Technology, are recognized and shall govern weighing and measuring equipment and transactions in the State. (Added 1967, No. 102, § 3, eff. April 14, 1967; amended 1971, No. 69, § 3, eff. April 15, 1971; 1991, No. 227 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2653. State standards of weight and measure

§ 2653. State standards of weight and measure
Such weights and measures in conformity with the standards of the United States as have been supplied to the State by the federal government or otherwise obtained by the State for use as State standards shall, when they have been certified as being satisfactory for use as such by the National Institute of Standards and Technology, be the State standards of weight and measure. The State standards shall be kept in a safe and suitable place. They shall not be removed from the laboratory except for repairs or for calibration, or as otherwise necessary to carry out the provisions of this chapter. (Added 1967, No. 102, § 4, eff. April 14, 1967; amended 1971, No. 69, § 4, eff. April 15, 1971; 1991, No. 227 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 73 - Weights and Measures › § 2654. Field standards and equipment

§ 2654. Field standards and equipment
In addition to the State standards provided for in section 2653 of this title, there shall be supplied by the State such “field standards” and such equipment as may be found necessary to carry out the provisions of this title. The field standards shall be verified upon their initial receipt and, thereafter, as often as deemed necessary by the Secretary by comparison with the State standards. (Added 1967, No. 102, § 5, eff. April 14, 1967; amended 1971, No. 69, § 5, eff. April 15, 1971; 1991, No. 227 (Adj. Sess.), § 7.)