§ 551. Definitions
(a) The word “persons” as used in this chapter shall include individuals, 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.
(b) “Grade” or “grades” means the standards for potatoes established by the U.S. Department
of Agriculture and those adopted by the Secretary of Agriculture, Food and Markets
as the official grades on potatoes for Vermont under the authority provided in chapter
21 of this title. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 76, eff. July 1, 2022.)
§ 552. Application of chapter
The provisions of this chapter shall apply to all shipments, packages, containers,
or displays in which potatoes are packed, distributed, sold, offered, or exposed for
sale except as provided in this chapter. (Amended 2021, No. 105 (Adj. Sess.), § 77, eff. July 1, 2022.)
§ 553. Marking of containers
Every shipment, package, or container containing potatoes that are packed in the State,
sold in the State, distributed in the State, 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 the person by whose authority the potatoes are packed
or distributed, and the proper grade of the potatoes contained in the shipment, package,
or container. The party possessing the potatoes at any time shall be deemed responsible
for the proper marking of the potatoes. On display racks or bins from which potatoes
are sold in retail quantities, the proper grade must be plainly and conspicuously
shown, but the provision as to markings of name and address or person by whose authority
the potatoes were packed shall not apply. (Amended 2021, No. 105 (Adj. Sess.), § 78, eff. July 1, 2022.)
NotesHistory
Source.
1951, No. 103, § 3.
§ 554. Exemptions
(a) Nothing in this chapter shall be construed to prevent a grower from selling potatoes
at his or her premises or storage, or delivering potatoes to a central packing house,
processing plant, storage, or to a retailer or consumer in quantity of five bushels
or less in any calendar day without such marking, except that any potatoes displayed
or offered for sale at the roadside must be marked with the proper grade.
(b) Properly tagged certified seed potatoes as defined by sections 611-618 of this title are exempted from the provisions of this chapter.
§ 555. Advertising
All newspaper, radio, or display advertising of potatoes in which the price is stated
must show or state the grade or grades of potatoes being advertised.
§ 556. Enforcement; rules
The Secretary of Agriculture, Food and Markets shall diligently enforce all of the
provisions of this chapter. The Secretary, either in person or by a duly authorized
representative, shall have free access, ingress, and egress during business hours
to any place or any building where potatoes are packed, stored, transported, sold,
offered, or exposed for sale or for transportation. The Secretary may also, in person
or by duly authorized representative, open any box, barrel, or other container, and
examine the contents thereof, and may, upon tendering the market price, take samples
from the contents of the box, barrel, or other container. The Secretary shall make
and publish uniform rules for carrying out the provisions of this chapter. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 79, eff. July 1, 2022.)
§ 557. 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 $25.00 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 2003, No. 42, § 2, eff. May 27, 2003.)
§ 558. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.