The Vermont Statutes Online
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
NOTE: The online version of the Vermont Statutes does NOT yet include the actions of the 2023 legislative session. The 2023 updates should be available by the end of October.
§ 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 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. (Amended 1973, No. 149 (Adj. Sess.), § 2.)
§ 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, through the Division of Business Development, 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.)
§ 356. 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 or in which the violator resides or has a place of business. (Amended 1973, No. 149 (Adj. Sess.), § 6; amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 357. Penalty
A person who violates any provision of this chapter shall be fined not more than $100.00 nor less than $25.00 for the first offense and not more than $500.00 nor less than $50.00 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 $500.00 nor less than $50.00. (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.)
§ 358. Disposition of fines
Such fines as are collected under the provisions of this chapter shall belong and be paid to the State.