Code of Vermont Rules › Agency 06 - OFFICE OF THE ATTORNEY GENERAL › Sub-Agency 031 - CONSUMER PROTECTION DIVISION › Chapter 021 - RULE CF 120 - REPRESENTATIONS OF VERMONT ORIGIN › Section 06 031 021 - RULE CF 120 - REPRESENTATIONS OF VERMONT ORIGIN

Current through June, 2024
Section 120.01  Definitions
(a)  "Based in Vermont" means, with reference
			 to a company, that the company currently discharges substantial functions in
			 Vermont. For this purpose, "substantial functions" do not include such
			 activities as the original development of the goods or services, mail handling
			 or banking, or the presence of sales, distribution or similar staff
			 alone.
(b)  "Clear and conspicuous"
			 means that required disclosures are presented in such a manner, given their
			 language, syntax, graphics, size, color, contrast and proximity to any related
			 information, as to be readily noticed and understood by consumers. A disclosure
			 is not clear and conspicuous if, among other things, it is ambiguous or it is
			 obscured by the background against which it appears, or by its location within
			 a lengthy disclosure of non-material information. If this rule requires a
			 disclosure to be made in a clear and conspicuous manner, then, in addition to
			 the above, the disclosure must appear
(i)  for
			 the purpose of labeling, in proximity to the representation that it qualifies
			 and in typeface that is at least 5 percent of the height of the label, or 3/16
			 of an inch high, whichever is larger (one disclosure on the front panel of the
			 label is sufficient for this purpose), except that the disclosure need not be
			 any larger than the largest representation of "Vermont" on the label;
			 or
(ii)  at point of sale (including
			 on the Internet or in a catalog), sufficiently prominent as not to be missed by
			 reasonable consumers before they make their purchase.
(c)  A company name is used in "close
			 association" with a food product when the name appears on the product's label
			 or packaging or otherwise refers specifically to the product, provided that a
			 company name that appears in small type other than on the front panel and for
			 purposes of compliance with another law or regulation is not "in close
			 association" with the product.
(d) 
			 "Company name" means two or more words that clearly indicate a business entity
			 or facility (whether registered with the government or not), through the use of
			 words such as "incorporated," "company," "cooperative," "Farms," "Cannery," or
			 "of Vermont" (as in "John's of Vermont").
(e)  "Food product" includes any food, whether
			 processed or not.
(f)  "Front panel"
			 means the front or primary panel or section of a product container or
			 package.
(g)  "Made in Vermont"
			 means that the item in question was last substantially transformed in Vermont
			 into a new and different item, with a name, character or use distinct from that
			 of the ingredients or components from which it was transformed.
(h)  "Person" includes any natural person,
			 corporation, partnership, unincorporated association and other business
			 entity.
(i)  "Primary ingredient"
			 means:
(i)  one or more ingredients that each
			 constitute a major portion of the quantity, volume or value of a food product;
			 or
(ii)  an ingredient that is
			 prominently identified in connection with a food product other than in a
			 company name; except that an ingredient is not "primary" if it is not
			 indigenous to Vermont (such as cocoa or sugar). For this purpose, "indigenous"
			 means commonly grown or raised in Vermont, though not necessarily in
			 substantial commercial quantities.
(j)  "Producer" means a person or company that
			 grows, manufactures or otherwise creates something that is offered or
			 sold.
(k)  "Qualified representation
			 of Vermont origin" means a representation containing the word "Vermont" or a
			 substantially similar term that states in what respect a good or service is
			 connected to Vermont (such as "made in Vermont" or "contains Vermont
			 tomatoes").
(l)  "Representation"
			 and "represent" refer to any words, symbols or other graphic device made in
			 connection with the advertising, marketing or sale of a good or service.
			 Representations may appear, without limitation, in print media, on broadcast
			 media, by electronic means (such as e-mail or the Internet), and on labels,
			 signs and displays.
(m) 
			 "Unqualified representation of Vermont origin" means a representation
			 containing the word "Vermont" or a substantially similar term that appears in
			 connection with a food product or ingredient without stating how the product or
			 ingredient is connected to Vermont (such as "Vermont cheddar
			 cheese").
(n)  A food product is a
			 "Vermont product" if:
(i)  any company whose
			 name appears in connection with the product is based in Vermont;
(ii)  the product, if substantially
			 transformed, was made in Vermont; and
(iii)  its primary or prominently identified
			 ingredient comes from Vermont, provided that this requirement must be met only
			 with respect to (A) a product that does not undergo substantial transformation
			 (such as milk or water); (B) a product with one primary ingredient commonly
			 known to consumers (such as cider and apples or cheese and milk); and (C) a
			 product for which the word "Vermont" or a substantially similar term, other
			 than in a company name, is proximately used to describe a specific ingredient
			 (such as "Vermont blueberry jam").