The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 9: Commerce and Trade
Chapter 095: Paints and Putty
§ 3801. White lead defined
The words “white lead,” as used in this chapter, shall apply to the basic carbonate and the basic sulphate of lead.
§ 3802. Paints, label to contain statement of contents
A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, white lead, paint, or compound intended for use as such, shall label the same by a label printed in the English language and in clear and distinct gothic letters, stating, with substantial accuracy, the percent of white lead, oxide of zinc, red lead, water, pure linseed oil, or substitutes therefor, the name and percent of dryer used, the percent of colored matter and inert material used, the name and residence of the manufacturer of the paint, or of the distributor thereof, or of the party for whom the same is manufactured, the percent of solid and liquid material used, and the net measure of the contents of the container of all liquid or mixed paints, and the net weight of the contents of the package of all paste and semipaste paints sold by weight, or if sold by measure, the net measure of such package.
§ 3803. Labeling of impure turpentine or linseed oil
A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, turpentine or linseed oil that is not absolutely pure, shall label the same with the word “substitute” in plain, legible type.
§ 3804. Labeling impure putty
A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, putty that is not pure linseed oil putty shall label the same with the word “substitute” in plain, legible type.
§ 3805. Penalty for mislabeling
A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State paint or mixed paint, paste, or semipaste paint, or compound intended for use as such, white lead, linseed oil, turpentine, or putty, who violates the provisions of sections 3801-3804 of this title shall be fined not more than $100.00, nor less than $25.00 for each offense. However, a person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, white lead, paint, or mixed paint, paste, or semipaste paint, containing ingredients other than those enumerated in section 3802 of this title shall not be deemed guilty of a violation of this chapter, in case the same is properly labeled, stating the quantity or amount of each and every ingredient used therein, the name and the place of residence of the manufacturer of the paint, or of the distributor thereof, or of the party for whom the same is manufactured, the percent of solid and liquid material used, and the net measure of the contents of the container of all liquid or mixed paints and the net weight of the contents of the package of all paste and semipaste paints sold by weight, or if sold by measure, the net measure of such package.
§ 3806. Possession to be prima facie evidence of violation
The possession by a person, firm, or corporation dealing in an article or substance described in section 3805 of this title and not labeled as required by the provisions of this chapter, shall be considered prima facie evidence that the same is kept by such person, firm, or corporation in violation of the provisions of this chapter.
§ 3807. Secretary of Agriculture, Food and Markets, general powers
The Secretary of Agriculture, Food and Markets shall have charge of the proper enforcement of the provisions of this chapter. The Secretary shall have access to all places of business, factories, stores, and buildings used for the manufacture or sale of paints, and may open and inspect any package, can, jar, tub, or other receptacle containing paints that might be sold, manufactured, or exposed for sale in violation of the provisions of this chapter. The Secretary may submit samples to the State laboratory of hygiene for analysis and inspection, under the same regulations and with the same restrictions as are provided for the analysis of alcohol. However, the Secretary shall pay for any samples so taken that are found from examination to conform to the provisions of this chapter. (Amended 2017, No. 83, § 161(2).)
