The Vermont Statutes Online

Title 6: Agriculture

Chapter 023: Apples

• § 231. Definition

  The word “person,” as used in this chapter, shall include corporations, companies, societies, and associations. The act, omission, or failure of an officer, agent, or other person acting for or employed by a corporation, company, society, or association, within the scope of his or her employment or office, shall also be deemed to be the act, omission, or failure of such corporation, company, society, or association.

• § 232. Application of chapter

  The provisions of this chapter shall apply to all packages, containers, or receptacles in which apples are packed, distributed, sold, offered, or exposed for sale except as provided for in this chapter. (Amended 2021, No. 105 (Adj. Sess.), § 52, eff. July 1, 2022.)

• § 233. Establishment of grades

  The Secretary of Agriculture, Food and Markets, after hearings advertised as provided in section 172 of this title, shall establish and adopt grades on apples and may amend or modify such grades. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 234. Marks on containers

  Every package, container, or receptacle of apples that is packed, sold, distributed, offered, or exposed for sale or distribution in the State by any person shall be plainly and conspicuously marked with the name and address of the packer or person by whose authority the apples were packed; the true name of the variety; the grade; the minimum size or count of apples contained in the package, container, or receptacle; and the name of the state where the apples were grown. Any person who states or marks the price in connection with selling, displaying, or advertising apples shall also at the same time and place and by the same method state or mark in a plainly conspicuous manner the true variety, grade, and size offered at that price. (Amended 2021, No. 105 (Adj. Sess.), § 53, eff. July 1, 2022.)

• § 235. Exemptions as to markings

  On containers or display racks from which apples are sold in retail quantities, the variety, grade, and minimum size shall be clearly indicated, but the provision of section 234 of this title as to markings of name and address of the packer or person by whose authority the apples were packed and the state where grown shall not apply to apples in such containers or display racks. Nothing in this chapter shall be construed to prevent a grower from selling apples on his or her premises in bulk or in open packages without such marking.

• § 236. Marks on containers as to weight, measure, or count

  The provisions of 9 V.S.A. chapter 73 shall apply to this chapter.

• § 237. Notice of violation

  When the Secretary becomes cognizant of a violation of a provision of this chapter, he or she may cause notice of such fact to be given to the person concerned and to the State’s Attorney of the county in which the offense was committed. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 238. Rules

  The Secretary of Agriculture, Food and Markets shall make and publish uniform rules for carrying out the provisions of this chapter. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 14.)

• § 239. Penalty

  Any person who violates any provision of this chapter shall be fined not more than $25.00 nor less than $10.00 for the first offense and not more than $50.00 nor less than $10.00 for each subsequent offense. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not more than $50.00 nor less than $10.00. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 5, eff. April 9, 1974; 2003, No. 42, § 2, eff. May 27, 2003.)