The Vermont Statutes Online

Title 18: Health

Chapter 081: Pure Foods and Drugs

• §§ 4001-4018. Repealed. 1959, No. 172, § 24, eff. May 12, 1959.

• §§ 4019, 4020. Repealed. 1977, No. 147 (Adj. Sess.).

• § 4021. Repealed. 1959, No. 210, § 6, eff. Sept. 1, 1959.

• § 4022. Repealed. 1977, No. 147 (Adj. Sess.).

• § 4023. Bread to be wrapped

  A person shall not carry or cart about with intent to sell or offer for sale, or deliver to customers after it has been sold, for human food any kind or quality of bread or cake in loaf form, unless each loaf is wrapped separately in waxed paper, tissue paper, or some similar wrapper or a sanitary container of sufficient thickness and quality to protect the bread and cake from dust and dirt. A person who violates a provision of this section shall be fined $5.00 for each offense.

• § 4024. Wood or methyl alcohol; sale for medicinal purposes

  (a) A person shall not sell, offer, or expose for sale or have in his or her custody, possession, or control with intent to distribute or sell any commodity, food, drug, preparation, or mixture of any kind whatever intended for internal use, which contains methyl or wood alcohol, or sell, offer, or expose for sale or distribution, or have in his or her custody, possession, or control with intent to distribute, sell, furnish, or use upon or apply to the body of another, any drug, hair tonic, bay rum, or similar preparation intended for external use, which contains methyl or wood alcohol. Nothing in this section shall apply to veterinary remedies containing methyl or wood alcohol when such remedies are plainly and distinctly labeled in such manner as to indicate that they are intended solely for external use on animals.

  (b) A person who violates a provision of this section shall be imprisoned not more than three months or fined not more than $100.00 nor less than $5.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23.)

• § 4025. Regulation of the sale of poisonous drugs

  A person other than a registered pharmacist or physician who sells or keeps for sale arsenic, corrosive sublimate, chloroform, aconite, strychnine, morphine, opium, cocaine, eucaine, heroin, carbolic acid, prussic acid, paregoric, chloral hydrate, belladonna, cyanide potassium, digitalis, nux vomica, or any salts, solutions, extracts, or tinctures of such drugs, shall keep and offer them for sale only in original and sealed packages or bottles that shall have been prepared by a registered pharmacist or manufacturing chemist, and under a label on which shall be plainly printed the name and nature of the drug therein contained, the proper antidote to be given when taken in dangerous or poisonous quantities, and the name of the pharmacist, manufacturing chemist, or wholesale house that prepared or put up the same, with the name of the place where it was manufactured or prepared for sale. A person who sells any of such drugs shall have affixed to the bottle, box, or wrapper containing the article sold a label of white paper upon which shall be printed in red letters the name and place of business of the vendor, and the words “Poison” and “Antidote.” The label shall also contain the name of an antidote, if any, for the poison sold.

• § 4026. Sale of drugs; record

  When a sale is made by any person of any of such drugs, salts, solutions, extracts, or tinctures, such sale shall be entered and recorded in a book kept for that purpose, giving the name of the article sold, date of sale, to whom sold, residence of purchaser, for whom purchased, the use to be made of the article or drug purchased, and the name of the salesperson or clerk making such sale. Such book shall be in such form as the Commissioner shall prescribe and shall be open to the inspection of health officers, Commissioner, and prosecuting officers who may wish to examine the same. The provisions of this section shall not apply to compounds or preparations labeled according to other provisions of this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 79, eff. June 8, 2023.)

• § 4027. Penalty

  A person who violates a provision of section 4026 of this title shall be fined not more than $100.00.

• § 4028. Prescriptions

  The provisions of sections 4025-4027 of this title shall not apply to legally qualified practitioners of medicine or to their prescriptions or recipes to their patients.

• § 4029. Permit to use preservatives

  Nothing in this title shall be so construed as to prevent the Commissioner from issuing to a producer or manufacturer of food or drinks a permit to use such preservatives or coloring matters as the Commissioner may determine are not detrimental to health. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 80, eff. June 8, 2023.)

• § 4030. Embargo; penalty

  When it is found or there is probable cause to believe that an article of food or a drug is in violation of the provisions of this title, the Commissioner or Commissioner’s authorized representative may embargo the distribution, sale, use, or transportation of such article until directions for its disposal shall be given by the Commissioner or by action of court. A person, partnership, or corporation that moves, sells, or otherwise disposes of any article so embargoed shall be punished as provided in section 6 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 81, eff. June 8, 2023.)

• § 4031. Notice of violations of U.S. statutes

  The Commissioner or the Commissioner’s designated agent shall notify the proper prosecuting officer of a violation of a federal law for preventing the adulteration or misbranding of food or drugs. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2017, No. 113 (Adj. Sess.), § 70; 2023, No. 53, § 82, eff. June 8, 2023.)