The Vermont Statutes Online

Title 6: Agriculture

Chapter 027: Eggs

• § 351. Definitions; fresh eggs

  (a) For the purposes of this chapter, the following definitions shall be in effect:

  (1) “Candling” means that process by that the apparent condition of the egg is determined by holding and twirling the egg before a bright light. Any type or make of candling light may be used that enables the grader to make consistently accurate determination of the quality of shell eggs.

  (2) “Individual shell eggs” means those eggs that are a product of the domesticated chicken hen and that are in the shell.

  (3) “Person” means any individual, firm, partnership, company, or corporation.

  (4) “Shell protected eggs” means eggs that have a protective covering applied to the surface of the egg. Any product used to provide the protective covering shall conform to the regulations of the U.S. Food and Drug Administration.

  (b) An egg shall be deemed to be “fresh” that meets the requirements of the United States or Vermont grade A as determined by the U.S. Department of Agriculture or the Secretary of Agriculture, Food and Markets pursuant to the provisions of chapter 21 of this title. The final determination as to eggs meeting these requirements shall be made by candling. (Amended 1973, No. 149 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003.)

• § 351a. Application

  The provisions of this chapter shall apply to all shipments, containers, or displays in which eggs are packed, distributed, sold, held in storage, offered, or exposed for sale. (Added 1973, No. 149 (Adj. Sess.), § 8.)

• § 352. Prohibition

  A person shall not:

  (1) sell, expose, offer for sale, or advertise for sale or exchange in Vermont as “fresh,” “strictly fresh,” “hennery,” “new laid,” “native,” “today’s,” “nearby,” “selected,” “guaranteed,” “new arrivals,” “A 1 candled,” or other words or descriptions of similar import any eggs that are not grade A or better;

  (2) advertise or label eggs in a false or misleading manner;

  (3) sell, offer for sale, deliver, or donate eggs that do not satisfy the requirements of this chapter or the rules adopted pursuant to it; or

  (4) sell, offer for sale, deliver, or donate eggs that are adulterated within the meaning of 18 V.S.A. § 4059 or the rules adopted under 18 V.S.A. chapter 82. (Amended 1973, No. 149 (Adj. Sess.), § 2; 2023, No. 42, § 2, eff. July 1, 2023.)

• § 353. Shell-treated eggs

  Eggs that have been shell treated or shell protected may be sold as fresh eggs, provided they show no more than traces of approved protective covering on the shells. (Amended 1973, No. 149 (Adj. Sess.), § 3.)

• § 354. Marking of containers

  Each container containing eggs being sold, exposed, offered, or advertised for sale or exchange in this State for human consumption must be plainly and conspicuously marked with the proper designation of the size and quality grades adopted by the Secretary of Agriculture, Food and Markets pursuant to the provisions of chapter 21 of this title. The container of each lot of eggs being sold by a dealer to a retailer must be plainly marked with the dealer’s identification and the date of shipment. The size marking requirements of this section shall not prevent a producer from selling eggs of mixed sizes to a dealer, provided that when selling mixed sized eggs, the producer plainly marks each lot “mixed sizes” or “nest run.” The size and grade marking requirements of this section shall not prevent any dealer from selling eggs, mixed as to size or quality, or both, to any other dealer, provided that the seller plainly marks each lot of mixed quality “ungraded” and each lot of mixed size “mixed sizes.” (Amended 1973, No. 149 (Adj. Sess.), § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 59, eff. July 1, 2022.)

• § 354a. Containers

  A person shall not pack shell eggs in containers that are not structurally sound and clean. (Added 1973, No. 149 (Adj. Sess.), § 9.)

• § 355. Enforcement; rules; inspectors

  The Secretary of Agriculture, Food and Markets shall enforce the provisions of this chapter and shall establish such rules and employ such inspectors as are deemed necessary and advisable. Such duly appointed inspectors shall have free access at all reasonable hours to any building or other place where it is reasonable to believe eggs are being sold, offered, or exposed for sale. (Amended 1973, No. 149 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 16; 2021, No. 105 (Adj. Sess.), § 60, eff. July 1, 2022; 2023, No. 42, § 3, eff. July 1, 2023.)

• § 356. Notice of violation

  When the Secretary of Agriculture, Food and Markets determines that a person is violating this chapter or any rule adopted thereunder, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this section shall include:

  (1) a description of the alleged violation;

  (2) identification of this section;

  (3) identification of the applicable violation; and

  (4) the required corrective action that the person shall take to correct the violation. (Amended 1973, No. 149 (Adj. Sess.), § 6; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 42, § 4, eff. July 1, 2023.)

• § 357. Penalty

  (a) Notwithstanding the requirements of section 356 of this title, the Secretary at any time may pursue one or more of the following:

  (1) issue an appropriate order including a cease and desist or stop sale order to a person the Secretary believes to be in violation of this chapter or an underlying rule;

  (2) order mandatory corrective actions;

  (3) take any action authorized under chapter 1 of this title; or

  (4) seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title.

  (b) When the Secretary of Agriculture, Food and Markets issues an order to cease and desist, stop sale, or take other action, or a required corrective action, the Secretary shall provide the person subject to the order or corrective action a statement that the order or corrective action is effective upon receipt and the person has 15 days to request a hearing.

  (c) If the Secretary of Agriculture, Food and Markets issues a verbal order under this section, the Secretary shall issue written notice to the person subject to the order within five business days following the issuance of the verbal order. The written notice shall include a statement that the person has 15 days from the date the written notice was received to request a hearing.

  (d) If a person who receives a written order to cease and desist, stop sale, or take other action, or a written required corrective action, does not request a hearing in writing within 15 days after receipt of the written order or required corrective action, the person waives the right to a hearing. Upon receipt of a written request for a hearing, the Secretary shall promptly set a date and time for a hearing. A request for a hearing on an order issued under this section shall not stay the order.

  (e) A person aggrieved by a final action or decision of the Secretary under this section may appeal de novo to the Civil Division of the Superior Court within 30 days of the Secretary’s final decision. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 149 (Adj. Sess.), § 7; 1973, No. 249 (Adj. Sess.), § 6, eff. April 9, 1974; 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 42, § 5, eff. July 1, 2023.)

• § 358. Disposition of fines

  Such fines as are collected under the provisions of this chapter shall belong and be paid to the State.