The Vermont Statutes Online

Title 9: Commerce and Trade

Chapter 075: Acids and Alkalis

• § 2821. Definitions

  In this chapter, unless the context or subject matter otherwise requires:

  (1) The term “dangerous caustic or corrosive substance” means each and all of the acids, alkalis, and substances named below:

  (A) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of 10 percent or more;

  (B) Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of 10 percent or more;

  (C) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more;

  (D) Carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five percent or more;

  (E) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or more;

  (F) Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more;

  (G) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of 20 percent or more;

  (H) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten percent or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime;

  (I) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 percent or more;

  (J) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 percent or more;

  (K) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five percent or more; and

  (L) Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and “hartshorn,” in a concentration of five percent or more.

  (2) The term “misbranded parcel, package, or container” means a retail parcel, package, or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label or sticker, containing:

  (A) the name of the article;

  (B) the name and place of business of the manufacturer, packer, seller, or distributor;

  (C) the word “POISON,” running parallel with the main body of reading matter on such label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than 24 point size, unless there is on such label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker; and

  (D) directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.

• § 2822. Sale of misbranded products; penalties

  (a) A person shall not sell, barter, exchange, receive, hold, pack, display, or offer for sale, barter, or exchange any dangerous caustic or corrosive substance in a misbranded parcel, package, or container when such parcel, package or container is designed for household use.

  (b) A person who violates a provision of this chapter shall be fined not more than $200.00 or be imprisoned not more than 90 days, or both.

  (c) A State’s Attorney who is satisfied from evidence produced before him or her that a provision of this chapter has been violated shall forthwith cause prosecution to be made for such violation.

• § 2823. Enforcement by Commissioner of Health; registration of brands and labels

  The Commissioner of Health shall enforce the provisions of this chapter, and may approve and register such brands and labels intended for use under the provisions of this chapter as may be submitted to the Commissioner for that purpose and as may in the Commissioner’s judgment conform to the requirements of this chapter. However, in any prosecution under this chapter, the fact that any brand or label involved in such prosecution has not been submitted to the Commissioner of Health for approval, or if submitted, has not been approved by the Commissioner, shall be immaterial. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 12, eff. June 8, 2023.)