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Title 9: Commerce and Trade
Chapter 073: Weights and Measures
- Subchapter 001: Agency of Agriculture, Food and Markets
§ 2631. Regulation of weights and measures
All weights and measures and weighing and measuring devices used in this State shall be regulated by the Secretary of Agriculture, Food and Markets in accordance with this chapter. (Added 1967, No. 102, § 6, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 1.)
§ 2632. General powers and duties of Secretary
(a) The Secretary shall have the custody of the State standards of weight and measure and of the other standards and equipment provided for by this chapter, and shall keep accurate records of them. The Secretary shall enforce the provisions of this chapter. The Secretary shall have and keep general supervision over the weights and measures offered for sale, sold, or in use in the State. Notwithstanding 32 V.S.A. § 603, the Secretary shall set and charge such fees as in his or her opinion will cover costs for performing calibrations in laboratories of the Agency of Agriculture, Food and Markets and for use of the heavy duty test unit when assisting licensed service persons in repairing, adjusting, and installing scales.
(b) Fees and reimbursements of costs collected by the Agency of Agriculture, Food and Markets under the provisions of this chapter and 6 V.S.A. § 3022 shall be credited to a weights and measures special fund and shall be available to the Agency to offset the costs of implementing this chapter and 6 V.S.A. chapter 172. (Added 1967, No. 102, § 7, eff. April 14, 1967; amended 1971, No. 69, § 1, eff. April 15, 1971; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 227 (Adj. Sess.), § 7; 1999, No. 49, § 127; 2013, No. 191 (Adj. Sess.), § 32, eff. July 1, 2015; 2015, No. 57, § 27.)
§ 2633. Specific powers and duties of Secretary; regulations
(a) The Secretary shall issue from time to time reasonable regulations for the enforcement of this chapter, which regulations shall have the force and effect of law. These regulations may include (1) standards of net weight, measure, or count, and reasonable standards of fill, for any commodity in package form, (2) rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties, (3) exemptions from the sealing or marking requirements of section 2639 of this title with respect to weights and measures of such character or size that such sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question. These regulations shall include specifications, tolerances, and other technical requirements for weights and measures of the character of those specified in section 2635 of this title, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those (1) that are not accurate, (2) that are of such construction that they are faulty ‐that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly ‐or (3) that facilitate the perpetration of fraud.
(b) The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices, as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices,” and supplements thereto, or revisions thereof, shall apply to weighing and measuring devices in the State, except insofar as modified or rejected by regulation.
(c) The uniform regulation for packaging and labeling, the uniform regulation for unit pricing, and the uniform regulation for the method of sale of commodities, except for bread, as adopted by the National Conference on Weights and Measures, and published by the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” together with amendments, supplements, and revisions thereto, are adopted as part of this chapter except as modified or rejected by regulation. (Added 1967, No. 102, § 8, eff. April 14, 1967; amended 1973, No. 22, § 1; 1977, No. 37; 1991, No. 80, § 1; 1991, No. 227 (Adj. Sess.), § 7; 1993, No. 74, § 6; 2015, No. 39, § 19.)
§ 2634. Testing at State-supported institutions
The Secretary shall test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which monies are appropriated by the Legislature. (Added 1967, No. 102, § 9, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2635. General testing
(a) When not otherwise provided by law, the Secretary may inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. The Secretary shall, within a 12-month period, or more or less frequently as deemed necessary, inspect and test, to ascertain if they are correct, all weights and measures commercially used (1) in determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count, or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count. However, with respect to single-service devices—that is, devices designed to be used commercially only once and to be then discarded—and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of those devices; and the lots of which those samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on those samples.
(b) Upon request by the Secretary, the owner or person responsible for a weighing or measuring device subject to the requirements of this chapter shall make the device available for inspection during that business’s normal operating hours and shall provide reasonable assistance as determined by the Secretary to complete the inspection. (Added 1967, No. 102, § 10, eff. April 14, 1967; amended 1991, No. 80, § 5; 1991, No. 227 (Adj. Sess.), § 7; 2019, No. 129 (Adj. Sess.), § 18.)
§ 2636. Investigations
The Secretary shall investigate complaints made to him or her concerning violations of this chapter, and shall, upon his or her own initiative, conduct such investigations as he or she deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions. (Added 1967, No. 102, § 11, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2637. Inspection of packages
The Secretary shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale, or sold, in accordance with law; and when those packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the Secretary may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the Secretary may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of the lot. No person may (1) sell, or keep, offer, or expose for sale, in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless the package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner except with the specific approval of the Secretary. (Added 1967, No. 102, § 12, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2638. Stop-use, stop-removal, and removal orders
The Secretary may issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his or her enforcement of this chapter he or she deems it necessary or expedient to issue such orders. No person may use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under this section. (Added 1967, No. 102, § 13, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2639. Disposition of correct and incorrect apparatus
The Secretary shall approve for use and seal or mark with appropriate devices such weights and measures as he or she finds upon inspection and test to be “correct” as defined in section 2633 of this title, and shall reject and mark or tag as “rejected” such weights and measures as he or she finds, upon inspection or test, to be “incorrect” as defined in section 2633 of this title, but that in his or her best judgment are susceptible of satisfactory repair. However, such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the Secretary issued under section 2633 of this title. The Secretary shall condemn, and may seize and may destroy, weights and measures found to be incorrect that, in his or her best judgment, are not susceptible of satisfactory repair. Weights and measures that have been rejected may be confiscated and may be destroyed by the Secretary if not corrected as required by section 2642 of this title, or if used, or disposed of contrary to the requirements of section 2642 of this title. (Added 1967, No. 102, § 14, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2640. Police powers; right of entry and stoppage
With respect to the enforcement of this chapter and any other laws dealing with weights and measures that he or she is, or may be, empowered to enforce, the Secretary is vested with full police powers, and may arrest, without formal warrant, any violator of those laws, and may seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts of packages of commodity found to be used, retained, offered, or exposed for sale, or sold, in violation of the law. In the performance of his or her official duties, the Secretary may enter and go into or upon, without formal warrant, any structure or premises, and may stop any person whatsoever and require him or her to proceed, with or without any vehicle of which he or she may be in charge, to some place that the Secretary may specify. (Added 1967, No. 102, § 15, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2641. Powers and duties of inspector
The powers and duties given to the Secretary by sections 2634-2640 and 2767 of this title are also given to and imposed upon the inspectors when acting under the instructions and at the direction of the Secretary. (Added 1967, No. 102, § 16, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2642. Duty of owners of incorrect apparatus
Weights and measures that have been rejected under the authority of the Secretary or of an inspector shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of the rejected weights and measures shall cause them to be made correct within the period authorized by the rejecting authority; or, in lieu of this, may dispose of them, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially re-examined and found to be correct or until specific written permission for that use is issued by the rejecting authority; or until the rejection tag has been removed and the rejected device repaired and placed in service by a person duly registered to do so. (Added 1967, No. 102, § 17, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2643. Licenses; inspections; penalties
(a) No person shall operate a retail point-of-sale laser scanning check-out system with more than two point-of-sale scanning points without first obtaining a license from the Secretary.
(1) The Secretary may issue a license without first testing the accuracy and use of the point-of-sale laser scanning check-out system pursuant to subsection (b) of this section.
(2) The annual license fee shall be $10.00 per individual point-of-sale scanning point within a store. All single retail units that have two or fewer scanning points shall be exempt from this fee.
(b) The Secretary shall, from time to time, test the accuracy and use of laser scanning and other computer assisted check-out systems in stores. The Secretary shall compare the programmed computer price with the item price of any consumer commodity offered by a store. The store shall provide access to the computer as is necessary to allow the Secretary to conduct the accuracy test. If, upon review, the programmed price of a commodity exceeds the price printed on or the advertised price of the commodity, the store may be subject to license denial, revocation, suspension, or the administrative penalties allowed by 6 V.S.A. § 15 for overcharge errors identified in more than two percent of the commodities reviewed. (Added 1989, No. 198 (Adj. Sess.), § 2, eff. Jan. 1, 1991; amended 1991, No. 227 (Adj. Sess.), § 7; 2009, No. 134 (Adj. Sess.), § 18; 2015, No. 149 (Adj. Sess.), § 24.)
- Subchapter 002: Weights and Measures Standards
§ 2651. Definitions
As used in this chapter, the following words and phrases have the following meanings:
(1) “Commodity in package form” means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be commodity in package form.
(2) “Commercial weighing and measuring device” shall be construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure, and shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when that accessory is so designed or installed that its operation affects, or may affect, the accuracy of the device. “Commercial weighing and measuring device” shall not include:
(A) a device within a plant or business used internally to determine the weight, measure, or count of any commodity or thing while manufacturing, processing, or preparing the commodity or thing for market;
(B) a pharmacy device used for determining the appropriate dosage of any medication or medical treatment; or
(C) U.S. Postal Service scales.
(3) “Secretary” means the Secretary of the Agency of Agriculture, Food and Markets or his or her designee.
(4) “Dealer in weighing or measuring devices” means any person or employee thereof who sells, buys, exchanges, or trades commercial weighing or measuring devices in the State.
(5) Definitions of special units of measure. The term “barrel,” when used in connection with fermented liquor, means a unit of 31 gallons. The term “ton” means a unit of 2,000 pounds avoirdupois weight. The term “cord” means the amount of wood that is contained in a space of 128 cubic feet and a run of wood is 42 2/3 cubic feet when the wood is ranked and well stowed.
(6) “Inspector” means a State inspector of weights and measures.
(7) “Intrastate commerce” means commerce or trade that is begun, carried on, and completed wholly within the limits of the State of Vermont, and the phrase “introduced into intrastate commerce” shall be construed to define the time and place at which the first sale and delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.
(8) “Licensed public weighmaster” means a natural person licensed under this chapter.
(9) “Maple syrup; legal weight and measure” means the legal weight of a gallon of maple syrup shall not be less than 11.07 pounds and the legal measure thereof shall be 231 cubic inches (128 fluid ounces) at 68 degrees F. Whenever maple syrup is sold by the gallon, quart, pint, or gill, or multiple fraction thereof, it must be sold according to that legal weight and measure.
(10) “Person” means both the plural and singular, as the case demands and includes individuals, partnerships, corporations, companies, societies, and associations.
(11) “Service person of weighing and measuring devices” means any person or employee thereof who installs, services, repairs, or reconditions commercial weighing or measuring devices in the State.
(12) “Sell” and “sale” means barter and exchange.
(13) “Standard bushel for apples” means a container having a capacity of not less than one U.S. standard bushel or 2150.42 cubic inches.
(14) “Weights and measures” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices including electric vehicle supply equipment available to the public, as defined in subdivision 2730(a)(14) of this title, but not including meters for the measurement of electricity, gas (natural or manufactured), or water when they are operated in a public utility system. Such electricity, gas, and water meters are specifically excluded from the purview of this chapter, and this chapter shall not apply to such meters or to any appliances or accessories associated therewith.
(15) “Vehicle” means any device in, upon, or by which any property, produce, commodity, or article is or may be transported or drawn. (Added 1967, No. 102, § 2, eff. April 14, 1967; amended 1971, No. 69, § 2, eff. April 15, 1971; 1981, No. 115 (Adj. Sess.); 1991, No. 227 (Adj. Sess.), §§ 2, 7; 2019, No. 59, § 31; 2021, No. 47, § 5.)
§ 2652. Systems of weights and measures
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the State of Vermont. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents, as published by the National Institute of Standards and Technology, are recognized and shall govern weighing and measuring equipment and transactions in the State. (Added 1967, No. 102, § 3, eff. April 14, 1967; amended 1971, No. 69, § 3, eff. April 15, 1971; 1991, No. 227 (Adj. Sess.), § 3.)
§ 2653. State standards of weight and measure
Such weights and measures in conformity with the standards of the United States as have been supplied to the State by the federal government or otherwise obtained by the State for use as State standards shall, when they have been certified as being satisfactory for use as such by the National Institute of Standards and Technology, be the State standards of weight and measure. The State standards shall be kept in a safe and suitable place. They shall not be removed from the laboratory except for repairs or for calibration, or as otherwise necessary to carry out the provisions of this chapter. (Added 1967, No. 102, § 4, eff. April 14, 1967; amended 1971, No. 69, § 4, eff. April 15, 1971; 1991, No. 227 (Adj. Sess.), § 4.)
§ 2654. Field standards and equipment
In addition to the State standards provided for in section 2653 of this title, there shall be supplied by the State such “field standards” and such equipment as may be found necessary to carry out the provisions of this title. The field standards shall be verified upon their initial receipt and, thereafter, as often as deemed necessary by the Secretary by comparison with the State standards. (Added 1967, No. 102, § 5, eff. April 14, 1967; amended 1971, No. 69, § 5, eff. April 15, 1971; 1991, No. 227 (Adj. Sess.), § 7.)
§ 2655. Construction of contracts
Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in sections 2651 and 2652 of this title, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement. (Added 1967, No. 102, § 36, eff. April 14, 1967.)
- Subchapter 003: Packages and Labeling
§ 2671. Method of sale of commodities; general
Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count. However, liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold. The provisions of this section shall not apply (1) to commodities when sold for immediate consumption on the premises where sold, (2) to vegetables when sold by the head or bunch, (3) to commodities in containers standardized by a law of this State or by federal law, (4) to commodities in package form when there exists a general consumer usage to express the quantity in some other manner, (5) to concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, or (6) to unprocessed vegetable and animal fertilizer when sold by cubic measure. The Secretary may issue such reasonable regulations as are necessary to ensure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest. (Added 1967, No. 102, § 18, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2672. Packages, declarations of quantity and origin; variations; exemptions
(a) Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce, shall bear on the outside of the package such definite, plain, and conspicuous declarations of:
(1) the identity of the commodity in the package unless the same can easily be identified through the wrapper or container;
(2) the net quantity of the contents in terms of weight, measure, or count; and
(3) in the case of any package kept, offered, or exposed for sale, or sold any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor as may be prescribed by regulation issued by the Secretary.
(b) In connection with the declaration required under subdivision (a)(2) of this section, neither the qualifying term “when packed” or any words of similar import, nor any term qualifying a unit of weight, measure, or count, for example, “jumbo,” “giant,” “full,” and the like, that tends to exaggerate the amount of commodity in a package, may be used. Under subdivision (a)(2) of this section the Secretary may, by regulation, establish: reasonable variations to be allowed, which may include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure; exemptions as to small packages; and exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. (Added 1967, No. 102, § 19, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2673. Declarations of unit price on random packages
In addition to the declarations required by section 2672 of this title, any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count. (Added 1967, No. 102, § 20, eff. April 14, 1967.)
§ 2674. Misleading packages
No commodity in package form may be so wrapped, nor may it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard or fill as may have been prescribed for the commodity in question by the Secretary. (Added 1967, No. 102, § 21, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2675. Advertising packages for sale
Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with that statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package. When fruit packaged, graded by the packer, and sold by count is advertised, the advertisement must state the size. In connection with the declaration required under this section, there shall be declared neither the qualifying term “when packed” nor any other words of similar import, nor any term qualifying a unit of weight, measure, or count, for example, “jumbo,” “giant,” “full,” and the like, that tends to exaggerate the amount of commodity in the package. (Added 1967, No. 102, § 22, eff. April 14, 1967; amended 1971, No. 69, § 6, eff. April 15, 1971.)
§ 2676. Sale by net weight
The word “weight” as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. (Added 1967, No. 102, § 23, eff. April 14, 1967.)
§ 2677. Misrepresentation of price
Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction or decimal shall be prominently displayed and the numeral or numerals expressing the fraction or decimal shall be immediately adjacent to, of the same general design and style as, and at least 40 percent the height and width of, the numerals representing the whole cents. (Added 1967, No. 102, § 24, eff. April 14, 1967.)
- Subchapter 004: Specific Weights and Measures
§ 2691. Meat, poultry, and seafood
Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold by an eating establishment as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry, and all seafoods except mollusks offered or exposed for sale, or sold, as food shall be sold by weight. When meat, poultry, or seafood is combined with or associated with some other food elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight, and the quantity representation may be the total weight of the product or combination, and a quantity representation need not be made for each of the several elements of the product or combination. Mollusks may be sold by weight or volume, but not by count except for oysters in the shell. On ready-to-cook, whole carcass, stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars, and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight of the poultry product and, in proximity thereto, a statement specifying the minimum weight of poultry in the product. (Added 1967, No. 102, § 25, eff. April 14, 1967; amended 1971, No. 69, § 7, eff. April 15, 1971.)
§ 2692. Bulk milk tanks
(a) When installing a farm bulk tank or reconstructing a floor area supporting a bulk tank, the tank shall not be placed in service and used as a commercial measuring device unless a foundation has been constructed with due consideration of frost penetration and of sufficient strength to support the completely liquid-laden tank without change of level, and a steel plate not less than six inches square and not less than one-quarter inch thick is placed under each leg and the steel plate and the tank legs are cemented to the floor. Bulk tanks shall be calibrated using accepted practices approved by the consumer protection section as soon as possible after the milk house and bulk tank installation has been approved by the dairy section.
(b) Whenever a check of a bulk milk tank by the Agency of Agriculture, Food and Markets or by a competent person or agency indicates a tank calibration is not accurate within official tolerances, the first handler receiving milk from the producer shall recalibrate the tank, unless the out-of-tolerance is caused by movement of the tank and the Secretary feels there will be continued movement, then the recalibration shall not be performed until a solid foundation has been constructed.
(c) If the Secretary determines the bulk milk tank is not an accurate measure for milk or because of continued movement of the tank caused by a poor foundation, the Secretary may condemn the tank and forbid its use as a measuring device. Any person who alters a bulk tank weight conversion chart, uses other than the latest conversion chart issued, uses a condemned tank as a measure, uses a tank without the legs cemented to the floor, or changes the level position of a bulk milk tank without immediately notifying the Secretary of Agriculture, Food and Markets shall be fined not more than $500.00 for each offense.
(d) The first handler receiving milk from a producer shall furnish competent personnel licensed by the consumer protection section to calibrate the producer’s bulk milk tank. The word “handler” as used in this subsection shall mean a person, firm, unincorporated association, or corporation engaged in the business of buying, selling, assembling, packaging, or processing milk or other dairy products, for sale within or outside the State of Vermont.
(e) [Repealed.] (Added 1967, No. 102, § 26, eff. April 14, 1967; amended 1971, No. 69, § 14, eff. April 15, 1971; 1973, No. 22, § 2; 1989, No. 257 (Adj. Sess.), § 16; 1991, No. 186 (Adj. Sess.),§§ 36a, 36b, eff. May 7, 1992; 1991, No. 227 (Adj. Sess.), § 7; 1999, No. 49, § 128(1); 2011, No. 39, § 8, eff. May 19, 2011; 2013, No. 159 (Adj. Sess.), § 10.)
§ 2693. Log measure—The Vermont rule
In bargains for or purchase of saw logs or round timber by measure, the number of feet shall be ascertained either by the international log rule as designed by the U.S. Forestry Service for a one-quarter inch kerf or by the Vermont rule as follows: multiply the average diameter of the top of the log, inside the bark, in inches, by half such diameter in inches, disregarding fractions of an inch less than a half, and regarding fractions greater than a half as a full inch, and the number obtained as the product will represent the contents in feet of a log of that diameter 12 feet long. If the log is less than 12 feet long, the actual contents will be the same fraction of the above product as the actual length of the log is of 12 feet. If the log is more than 12 feet long, commence at the upper end and measure it into sections of 12 feet; then, according to the above rule, find the contents of each section and fractional section. The aggregate of the contents of the sections will be the contents of the whole log, and shall be marked on the small end as to its contents. (Added 1967, No. 102, § 27, eff. April 14, 1967.)
§ 2694. Repealed. 2001, No. 39, § 4.
§ 2695. Fluid dairy products
All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk, shall be packaged for retail sale only in units of 1 gill, 1/2 liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, 1/2 gallon, 1 gallon, 11/2 gallons, 2 gallons, and 21/2 gallons, or multiples of 1 gallon. Packages in units of less than 1 gill shall be permitted. On and after January 1, 1974, sour cream and yogurt shall be sold only in terms of weight, and shall be packaged for retail sale only in units of 4, 8, 12, 16, 32, 64 and 128 ounces avoirdupois except yogurt may also be sold in units of 5 and 6 ounces avoirdupois. (Added 1967, No. 102, § 29, eff. April 14, 1967; amended 1969, No. 9, § 1; 1971, No. 69, § 8, eff. April 15, 1971; 1973, No. 22, § 3.)
§ 2696. Flour, corn meal, and hominy grits
When in package form, and when packed, kept, offered or exposed for sale, or sold, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meal, and hominy grits shall be packaged only in units of 2, 5, 10, 25, 50, or 100 pounds, avoirdupois weight. However, packages in units of less than 2 pounds or more than 100 pounds are permitted. (Added 1967, No. 102, § 30, eff. April 14, 1967; amended 1971, No. 69, § 9, eff. April 15, 1971.)
§ 2697. Liquid fuels
(a) Liquid fuels including motor fuels, furnace oils, stove oils, liquefied petroleum gas, and other liquid fuels used for similar purposes shall be sold by liquid measure or by net weight in accordance with the provisions of section 2671 of this title. In the case of each delivery of liquid fuel not in package form, and in an amount greater than 10 gallons in the case of sale by liquid measure or 99 pounds in the case of sale by weight, there shall be rendered to the purchaser, either:
(1) at the time of delivery; or
(2) within a period mutually agreed upon in writing or otherwise between the vendor and the purchaser, a delivery ticket or a written statement on which, in ink, or other indelible substance, there shall be clearly and legibly stated:
(A) the name and address of the vendor;
(B) the name and address of the purchaser;
(C) the identity of the type of fuel comprising the delivery;
(D) the unit price, that is, the price per gallon or per pound, as the case may be, of the fuel delivered;
(E) in the case of sale by liquid measure, the liquid volume of the delivery shall be determined by a meter with a register printing the meter readings on a ticket, a copy of which shall be given to the purchaser, from which such liquid volume shall be computed, expressed in terms of the gallon and its binary or decimal subdivisions (the ticket shall not be inserted into the register until immediately before delivery is begun, and in no case shall a ticket be in the register when the vehicle is in motion); or the liquid volume may be determined by a vehicle tank used as a measure when in full compliance with Handbook H-44 and calibrated by a weights and measures official. Sale by a liquid measuring device as defined in Handbook H-44, and sale by a vapor meter are excluded from this section. The volume of liquid fuels delivered on consignment shall be computed and charged for only from the totalizers on the devices dispensing the product;
(F) in the case of sale by weight, the net weight of the delivery, together with any weighing scale readings from which that net weight has been computed, expressed in terms of tons or pounds avoirdupois.
(b) The use of temperature compensation during delivery of all liquid fuels, with the exception of the delivery of liquefied petroleum gas, is prohibited. The Secretary shall enforce this prohibition in the same manner as other violations of this chapter. (Added 1967, No. 102, § 31, eff. April 14, 1967; amended 1971, No. 69, § 10, eff. April 15, 1971; 2013, No. 83, § 6, eff. June 10, 2013.)
§ 2697a. Motor fuel octane content and quality
(a) It shall be unlawful for a person to misrepresent the octane content or the quality of motor fuel sold or offered for sale in this State. The Secretary may randomly test motor fuel dispensers and motor fuel for the accuracy of any advertised, labeled, or other declarations regarding the octane content and the quality of the fuel dispensed.
(b) The Secretary may adopt rules concerning octane and quality standards for motor fuels deemed necessary to carry out the provisions of this section.
(c) [Repealed.]
(d) Any person who sells gasoline to a retail outlet and any person who sells gasoline to the public shall maintain records as required under 15 U.S.C. § 2821 et seq. and the rules adopted thereunder, and shall provide copies of such records to the Secretary upon request. (Added 1991, No. 31, § 1; amended 1991, No. 244 (Adj. Sess.), § 1, eff. May 28, 1992; 1991, No. 227 (Adj. Sess.), § 7; 1999, No. 49, § 128(2).)
§ 2698. Textile products
A person shall not keep for the purpose of sale, offer or expose for sale, or sell, any textile yard goods put up or packaged in advance of sale in a bolt or roll, or any other textile product put up or packaged in advance of sale in any other unit, for either wholesale or retail sale, unless that bolt or roll, or such other unit, is definitely, plainly, and conspicuously marked to show its net measure in terms of yards or its net weight in terms of avoirdupois pounds or ounces, subject, however, to the following limitations and requirements:
(1) Any unit of twine or cordage may be marked to show its net measure in terms of feet. Ready-wound bobbins that are not sold separately shall not be required to be individually marked, but the package containing those bobbins shall be marked to show the number of bobbins contained therein and the net weight or measure of the thread on each bobbin. Any unit of sewing, basting, mending, darning, crocheting, tatting, handknitting, or embroidery thread or yarn, except nylon handknitting yarn, that is not composed in whole or in part of wool, the net weight of which is less than two ounces avoirdupois, shall be marked to show its net measure in terms of yards as unwound from the ball or from the spool or other holder. Any retail unit of a textile product, sold only for household use, consisting of a package containing two or more similar individual units that are not sold separately, shall be marked to show the number of individual units in the package and the net weight or net measure of the product in each individual unit, but this proviso shall not apply where the individual units are separately marked. Any unit of yarn, composed in whole or in part of wool, sold to consumers for handiwork, shall be marked to show the net weight of such yarn, except that any such unit of tapestry, mending, or embroidery yarn, the net measure of which does not exceed 50 yards, may be marked to show its linear measures only.
(2) The marking required by this section shall in all cases be in combination with the name and place of business of the manufacturer, packer, or distributor of the product, or a trademark, symbol, brand, or other mark that positively identifies such manufacturer, packer, or distributor. Any such trademark, symbol, brand, or other mark that is employed to identify the manufacturer, packer, or distributor shall be filed with the Secretary.
(3) Reasonable tolerances may be permitted, and these may be included in regulations for the enforcement of this section that shall be issued by the Secretary.
(4) This section shall not apply to the following textile products when sold at wholesale in bulk by net weight: cordage, agricultural bag sewing threads, twines, yarns that are to be processed, and yarns that are to be industrially converted into end use products. (Added 1967, No. 102, § 32, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2699. Berries and small fruits
Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint, or 1 dry quart. However, the marking provisions of section 2672 of this title shall not apply to those containers. (Added 1967, No. 102, § 33, eff. April 14, 1967.)
§ 2700. Coal, coke, and charcoal
All coal, coke, and charcoal shall be sold by weight. Unless the fuel is delivered to the purchaser in package form, each delivery of coal, coke, or charcoal to an individual purchaser shall be accompanied by duplicate delivery tickets on which, in ink or other indelible substance, there shall be clearly stated (1) the name and address of the vendor, (2) the name and address of the purchaser, and (3) the net weight of the delivery and the gross and tare weights from which the net weight is computed, each expressed in pounds. One of these tickets shall be retained by the vendor and the other shall be delivered to the purchaser at the time of delivery of the fuel, or shall be surrendered, on demand, to the Secretary, or an inspector, who, if he or she desires to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser. However, if the purchaser carries away his or her purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of fuel delivered to him or her. If necessary to wet down coal and coke, this shall be done only after coal is weighed according to this section. (Added 1967, No. 102, § 34, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2701. Ice
Ice shall be sold by weight. The net weight of ice dispensed by a vending machine shall be presented clearly and conspicuously on the front panel near coin slot. This section shall not apply to ice sold by hotels or motels and to be consumed on the premises. (Added 1967, No. 102, § 35, eff. April 14, 1967.)
- Subchapter 005: Licensing of Public Weighmasters and Dealers and Service Persons of Weights and Measure Devices
§ 2721. Licensed public weighmaster—license
Any person who is 18 years of age or older wishing to be a licensed public weighmaster shall apply to the Secretary upon forms provided by the Agency and remit a fee of $25.00. Upon approval, the Secretary shall issue to the applicant a license certificate that shall expire on June 30 unless sooner suspended or revoked under section 2723 of this title. Renewal applications shall be in such form as the Secretary shall prescribe. (Added 1967, No. 102, § 41, eff. April 14, 1967; amended 1969, No. 9, § 2; 1971, No. 69, § 11, eff. April 15, 1971; 1975, No. 220 (Adj. Sess.), § 17; 1989, No. 257 (Adj. Sess.), § 17; 1991, No. 227 (Adj. Sess.), § 7; 2001, No. 143 (Adj. Sess.), § 41, eff. June 21, 2002; 2009, No. 134 (Adj. Sess.), § 15; 2015, No. 149 (Adj. Sess.), § 25.)
§ 2722. Optional licensing
The following persons shall not be required, but shall be permitted, to obtain licenses as licensed public weighmasters: (1) law enforcement officers when acting within the scope of their official duties, (2) a person weighing property, produce, commodities, or articles that he or his employer, if any, is either buying or selling, and (3) a person weighing property, produce, commodities, or articles in conformity with the requirements of federal statutes or the statutes of this State relative to warehousepersons or processors. (Added 1967, No. 102, § 48, eff. April 14, 1967.)
§ 2723. Suspension and revocation of license
The Secretary may suspend or revoke the license of any licensed public weighmaster:
(1) when he or she is satisfied, after a hearing upon 20 days’ notice to the licensee, that the licensee has violated any provision of this chapter or of any rule or regulation issued pursuant to this chapter of the Secretary affecting licensed public weighmaster; or
(2) when a licensed weighmaster has been convicted in any court of violating any law relating to weights and measures. (Added 1967, No. 102, § 50, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), §§ 5, 7.)
§ 2724. Prohibited acts
No person may assume the title licensed public weighmaster, or any title of similar import, perform the duties or acts to be performed by a licensed public weighmaster under this chapter, hold himself or herself out as a licensed public weighmaster, issue any weight certificate, ticket, memorandum, or statement for which a fee is charged, or engage in the full-time or part-time business of public weighing, unless he or she holds a valid license as a licensed public weighmaster. “Public weighing,” as used in this section, means the weighing for any person, upon request, of property, produce, commodities, or articles other than those which the weigher or his or her employer, if any, is either buying or selling. (Added 1967, No. 102, § 49, eff. April 14, 1967.)
§ 2725. Dealers and service persons of weighing and measuring devices; registration certificate; hand seal
(a) Any person wishing to be registered as a dealer or service person shall apply to the Secretary upon forms provided by the Agency, and each application shall be accompanied by a fee of $60.00. Upon approval, the Secretary shall issue to the applicant a registration certificate that shall expire on June 30 unless sooner suspended or revoked under section 2726 of this title. Any service person who applies for a registration certificate must have obtained a hand seal that has a number registered with the Secretary. Any service person who has been granted a registration certificate shall, with the hand seal, seal all meters with a lead and wire seal at the time as he or she installs, repairs, or adjusts the meters.
(b) Any person who installs bulk milk tanks for remuneration or as a term of the sale of such tank shall be registered as a dealer of weighing and measuring devices, prior to the installation of the tank. Such person shall follow the procedure set forth in subsection (a) of this section in applying for the registration certificate and shall comply with all applicable laws. (Added 1967, No. 102, § 54, eff. April 14, 1967; amended 1971, No. 69, § 12, eff. April 15, 1971; 1975, No. 220 (Adj. Sess.), § 18; 1983, No. 57; 1989, No. 257 (Adj. Sess.), § 18; 1991, No. 227 (Adj. Sess.), § 7; 2001, No. 143 (Adj. Sess.), § 42, eff. June 21, 2002; 2009, No. 134 (Adj. Sess.), § 16; 2015, No. 149 (Adj. Sess.), § 26.)
§ 2726. Suspension or revocation of certificate
The Secretary may suspend or revoke the certificate of any registered dealer or service person when he or she is satisfied after a hearing, upon 20 days’ notice to the registrant, that the registrant has violated any provision of this chapter or any rule issued pursuant to this chapter, or when a person licensed pursuant to this section has been convicted by a court of violating any law relating to weights and measures. (Added 1967, No. 102, § 58, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), §§ 6, 7.)
§ 2727. Placed in service report
The Secretary shall furnish each registered dealer and service person with a supply of report forms to be known as “placed in service reports.” Such a form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a registered dealer or service person after making a repair, adjustment, or the sale and installation of a new, repaired, rebuilt, exchanged, or used weighing or measuring device. Within 48 hours after a device is restored to service, or placed in service, the original of the properly executed placed in service report, together with any official rejection tag removed from the device, shall be mailed to the Secretary, Agency of Agriculture, Food and Markets agriculture building, Montpelier, Vermont. The duplicate copy of the report shall be handed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered dealer or service person. (Added 1967, No. 102, § 55, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2728. Disposition of condemned devices
A dealer or service person who accepts weighing or measuring devices, which have been condemned by the Secretary or inspector, in trade for new or used weighing or measuring devices, and which are intended to be dismantled or destroyed, upon receipt thereof, shall remove the condemned tags. The condemned tags shall be returned to the Secretary within 10 days thereafter, with a statement describing the weighing or measuring device, giving the number of the weighing or measuring device, if obtainable, and the name and address of the former owner or user from which it was received. There shall also be furnished a statement of what disposition has been made of the weighing or measuring device. (Added 1967, No. 102, § 56, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2729. Calibration of testing equipment; certificate
A dealer or service person shall submit his or her testing equipment at least once every year to the office of the Secretary for comparison and calibration with the standard maintained by the Secretary. After comparison and calibration, the Secretary shall issue to the dealer or service person a certificate of his or her findings. (Added 1967, No. 102, § 57, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2730. Licensing for operation of weighing and measuring devices
(a) As used in this section:
(1) “Secretary” means the Secretary of Agriculture, Food and Markets.
(2) “Capacity” means, for a scale, the heaviest specified load that can be applied to the load-receiving element of the scale, as rated by the manufacturer.
(3) “Hopper scale” means a weighing device designed for weighing bulk commodities whose load-receiving element is a tank, box, or hopper mounted on a weighing element.
(4) “Motor fuel dispenser meter” means a device designed for the measurement and delivery of liquids used as fuel for internal combustion engines.
(5) “Scale” means any weighing device used in commercial trade and not otherwise covered by this chapter.
(6) “Meter” means any measuring device used in commercial trade that measures vapor, liquid, elapsed time, or distance.
(7) “Vehicle tank meter” means a measuring device that is affixed to a tank mounted on a vehicle used for the measurement and delivery of petroleum products, except liquified petroleum gas.
(8) “Vehicle scales” mean scales adapted to weighing highway, farm, or other large industrial vehicles, except railroad freight cars, loaded or unloaded.
(9) “Heavy duty scale” means a device with rated capacity in excess of 3,000 pounds.
(10) “Propane meter” means a device used to measure liquified petroleum gas.
(11) “Bulk plant meter” means a device used to measure fluid or gas moving from storage tanks to tanks mounted on vehicles.
(12) “Commercial” means the exchange or buying and selling of goods, commodities, or services for profit or fee.
(13) “Medium duty scale” means a device with rated capacity between 100 and 3,000 pounds.
(14) “Electric vehicle supply equipment” and “electric vehicle supply equipment available to the public” have the same meanings as in 30 V.S.A. § 201.
(b) No person shall operate a commercial weighing and measuring device without first obtaining a license from the Secretary. Any person operating commercial weighing and measuring devices at more than one location, or in more than one motor vehicle, shall obtain a separate license for each location or vehicle.
(c) Any person wishing to obtain a license to operate a weighing or measuring device shall annually apply to the Secretary, on forms provided by the Secretary, on or before January 1. Each application shall be accompanied by a fee as specified in this section. Except for new applicants, any applicant who applies for a license after January 1 shall pay a late fee as provided for under 6 V.S.A. § 1(a)(13).
(d) The Secretary may suspend, revoke, or deny a license application if the licensee, or applicant, has violated any provision of this chapter. The Secretary may require reapplication and payment of appropriate fees whenever excessive inspections are required to ensure the credibility of a commercial device. A person in violation of this section shall be subject to penalty under subchapter 7 of this chapter.
(e) The Secretary shall not issue a weighing and measuring device license unless:
(1) the device to be operated has been inspected and approved by the Agency of Agriculture, Food and Market’s consumer assurance section within 12 months of the date of application or within a longer period as the Agency determines appropriate for the specific device at issue, provided that the period shall not extend more than 24 months from the date of application; and
(2) the applicant furnishes all information required by the Secretary.
(f)(1) The Secretary shall charge, per unit, the following annual license fees:
(A) Retail motor fuel dispenser meter: $25.00.
(B) Vehicle tank meter: $125.00.
(C) Scales: $10.00.
(D) Vehicle and heavy duty scales: $175.00.
(E) Each distinct plug-in connection point of electric vehicle supply equipment available to the public: $25.00.
(F) Meter: $25.00.
(G) [Repealed.]
(H) Truck mounted propane meter: $175.00.
(I) Hopper scales: $125.00.
(J) Propane fill station: $60.00.
(K) Medium duty scales:
(2) When the Agency incurs expenses when conducting a licensing procedure greater than those normally incurred, the Agency shall assess and retain a service charge sufficient to recoup its additional expenses.
(g) [Repealed.]
(h) The Secretary may waive the license fee for medium duty scales for commercial enterprises that operate the scales primarily as a public service. (Added 1989, No. 257 (Adj. Sess.), § 19; amended 1991, No. 31, §§ 2-4, eff. Jan. 1, 1992; 1991, No. 80, §§ 2-4; 1991, No. 227 (Adj. Sess.), § 7; 1993, No. 74, §§ 7, 7a; 1995, No. 128 (Adj. Sess.), §§ 6, 7; 1999, No. 49, § 129; 2001, No. 143 (Adj. Sess.), § 43, eff. June 21, 2002; 2009, No. 134 (Adj. Sess.), § 17; 2013, No. 72, § 21; 2013, No. 159 (Adj. Sess.), § 11(g), eff. July 1, 2016; 2015, No. 149 (Adj. Sess.), § 27; 2017, No. 74, § 15; 2017, No. 75, § 6; 2019, No. 59, § 32; 2023, No. 73, § 4, eff. July 1, 2023; 2023, No. 78, § E.223, eff. July 1, 2023.)
- Subchapter 006: Weight Certificates
§ 2741. Weight certificate; required entries
The weight certificate shall be typed, made out in ink or other indelible substance, and shall state the date of issuance; the kind of property, produce, commodity, or article weighed; the name of the declared owner or agent of the owner or of the consignee of the material weighed; the accurate weight of the material weighed; the means by which the material was being transported at the time it was weighed; and such other available information as may be necessary to distinguish or identify the property, produce, commodity, or article from others of like kind. The weight certificate, when so made and properly signed, shall be prima facie evidence of the accuracy of the weights shown. (Added 1967, No. 102, § 42, eff. April 14, 1967.)
§ 2742. Execution; requirements
A licensed public weighmaster shall not enter on a weight certificate issued by him or her any weight values but such as he or she has personally determined, and he or she shall make no entries on a weight certificate issued by some other person. A weight certificate shall be so prepared as to show clearly that weight or weights were actually determined. If the certificate form provides for the entry of gross, tare, and net weights, in any case in which only the gross, the tare, or the net weight is determined by the weighmaster, he or she shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on a weight certificate and both of these were not determined on the same scale and on the day for which the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each such weight and the date of each such determination. (Added 1967, No. 102, § 43, eff. April 14, 1967.)
§ 2743. Scale used; type; test
When making a weight determination as provided by this chapter, a licensed public weighmaster shall use a weighing device that is of a type suitable for the weighing of the amount and kind of material to be weighed and that has been tested and approved for use by the Secretary or inspector during the year of test or the preceding calendar year and since has not been condemned. (Added 1967, No. 102, § 44, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2744. Capacity; platform size; one-draft weighing
A licensed public weighmaster shall not use any scale to weigh a load the value of which exceeds the nominal or rated capacity of the scale. When the gross or tare weight of any vehicle or combination of vehicles is to be determined, the weighing shall be performed upon a scale having a platform of sufficient size to accommodate such vehicle or combination of vehicles fully, completely, and as one entire unit. If a combination of vehicles must be broken up into separate units in order to be weighed as prescribed in this section, each such separate unit shall be entirely disconnected before weighing and a separate weight certificate shall be issued for each such separate unit. (Added 1967, No. 102, § 45, eff. April 14, 1967; amended 2021, No. 20, § 28.)
§ 2745. Copies of weight certificates
A licensed public weighmaster shall keep and preserve for at least one year, or for such longer period as may be specified in the regulations authorized to be issued for the enforcement of this chapter, a legible carbon copy of each weight certificate issued by him or her, which copies shall be open at all reasonable times for inspection by any weights and measures officer of this State. (Added 1967, No. 102, § 46, eff. April 14, 1967.)
§ 2746. Bulk delivery
When not weighed by a “public licensed weighmaster,” each delivery of a commodity, product, or merchandise in bulk form, including grain, feed, fertilizer, cement, lime, and hay when sold by weight, and delivered by vehicle, the provisions under sections 2741-2745 of this title inclusive shall govern. (Added 1967, No. 102, § 40, eff. April 14, 1967.)
§ 2747. Reciprocal acceptance of weight certificates
Whenever in any other state that licenses public weighmasters, there is statutory authority for the recognition and acceptance of the weight certificates issued by licensed weighmasters of this State, the Secretary may recognize and accept the weight certificates of that other state. (Added 1967, No. 102, § 47, eff. April 14, 1967 amended 1991, No. 227, (Adj. Sess.), § 7.)
- Subchapter 007: Penalties
§ 2761. Offenses and penalties
Any person who, by his or her actions or through the actions of an agent, performs any one of the acts enumerated in subdivisions (1) through (11) of this section shall be fined not less than $20.00 or more than $200.00, or be imprisoned not more than three months, or both; and upon a second or subsequent conviction thereof, he or she shall be fined not less than $50.00 or more than $500.00, or be imprisoned, or both.
(1) Use, or have in possession for the purpose of using for any commercial purpose specified in section 2635 of this title, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure.
(2) Use, or have in possession for the purpose of current use for any commercial purpose specified in section 2635 of this title, a weight or measure that does not bear a seal or mark such as is specified in section 2639 of this title, unless such weight or measure has been exempted from testing by the provisions of section 2635 of this title, or by a regulation of the Secretary issued under the authority of section 2633 of this title, or unless the device has been placed in service as provided by a regulation of the Secretary issued under the authority of section 2633 of this title.
(3) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.
(4) Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority.
(5) Sell, or offer or expose for sale, less than the quantity he or she represents of any commodity, thing, or service.
(6) Take more than the quantity he or she represents of any commodity, thing, or service, when, as buyer, he or she furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined.
(7) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell, any commodity, thing, or service in a condition or manner contrary to law or regulation.
(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position that may reasonably be assumed by a customer.
(9) Violate any provision of this chapter or of the regulations promulgated under the provisions of this chapter for which a specific penalty has not been prescribed.
(10) Act as a licensed public weighmaster without first obtaining a license or certificate to do so, or at a time when such license is suspended or revoked.
(11) Misrepresent the true weight, volume, or other measurement of any item which is the subject of a commercial transaction. (Added 1967, No. 102, § 39, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.),§§ 6a, 7; 1993, No. 74, § 8.)
§ 2762. Hindering or obstructing officer
Any person who hinders or obstructs in any way the Secretary, the Deputy Secretary, or any one of the inspectors, or a sealer or deputy sealer, in the performance of his or her official duties shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $20.00 or more than $200.00, or by imprisonment for not more than three months, or by both. (Added 1967, No. 102, § 37, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2763. Impersonation of officer
Any person who impersonates in any way the Secretary, the Deputy Secretary, or any one of the inspectors, or a sealer or deputy sealer, by the use of his or her seal or a counterfeit of his or her seal, or in any other manner, shall be fined not less than $100.00 nor more than $500.00, or be imprisoned not more than 1 year, or both. (Added 1967, No. 102, § 38, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2764. Incorrect weight certificates
Any person who requests a licensed public weighmaster to weigh any property, produce, commodity, or article falsely or incorrectly, or who requests a false or incorrect weight certificate, or any person who issues a weight certificate simulating the weight certificate prescribed in this chapter and who is not a licensed public weighmaster, shall be fined not less than $25.00 or more than $100.00; and upon a second or subsequent conviction that person shall be fined not less than $100.00 or more than $500.00, or be imprisoned not less than 30 days or more than 90 days, or both. (Added 1967, No. 102, § 51, eff. April 14, 1967.)
§ 2765. Malfeasance
Any licensed public weighmaster who falsifies a weight certificate, or who delegates his or her authority to any person not licensed as a licensed public weighmaster, shall be fined not less than $50.00 or more than $500.00, or be imprisoned not less than 30 days or more than 90 days, or both. (Added 1967, No. 102, § 52, eff. April 14, 1967.)
§ 2766. Replacement of security seal; improper handling of weighing or measuring device
(a) Any service person who breaks a security seal must replace the security seal by installing a new lead and wire security seal bearing the imprint of his or her hand seal having a number registered with the Agency of Agriculture, Food and Markets.
(b) Any person who violates any provision of sections 2725, 2727, 2728, 2729 inclusive of this title or a dealer or service person who does not have a certificate of registration in full force before engaging in that business, or any person who repairs his or her own weighing or measuring device, or breaks a security seal without a license and uses the device commercially before being tested by the Agency of Agriculture, Food and Markets or permission is given for its use by the Secretary, shall be fined not more than $100.00 for the first offense and not more than $200.00 for each subsequent offense. (Added 1967, No. 102, § 59, eff. April 14, 1967; amended 1971, No. 69, § 13, eff. April 15, 1971; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 227 (Adj. Sess.), § 7.)
§ 2767. Injunction
The Secretary may apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating this chapter. (Added 1967, No. 102, § 60, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.)
§ 2768. Validity of prosecutions
Prosecutions for violation of this chapter are declared to be valid and proper notwithstanding the existence of any other valid general or specific act of this State dealing with matters that may be the same as or similar to those covered by this chapter. (Added 1967, No. 102, § 61, eff. April 14, 1967.)
§ 2769. Presumptive evidence
For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of that use by the person in charge of the building, enclosure, stand, or vehicle. (Added 1967, No. 102, § 62, eff. April 14, 1967.)
§ 2770. Administrative penalties; license suspension
(a) In addition to other penalties provided by law, the Secretary may assess administrative penalties under 6 V.S.A. § 15 for each violation of this chapter. Each violation may be a separate and distinct offense, and, in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.
(b) After notice and opportunity for hearing, the Secretary may suspend or revoke a license issued under this chapter for any violation of this chapter. (Added 2019, No. 129 (Adj. Sess.), § 19.)
§ 2771. Deceptive acts or practices
In addition to other penalties provided by law, a violation of this chapter or rule adopted thereunder shall constitute an unfair or deceptive act or practice in commerce subject to the penalty provisions established in chapter 63 of this title. (Added 1991, No. 244 (Adj. Sess.), § 2, eff. May 28, 1992.)
