The Vermont Statutes Online

Title 6: Agriculture

Chapter 033: Potatoes

• § 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.