§ 494. Containers and equipment; rules; manufacturer certification required if plastic resin
used
(a) Applicability. This section shall apply to all containers and equipment that come into contact with
maple sap, maple syrup, or maple products, referred to for the purposes of this section
as “maple products,” to all replacement parts of such containers and equipment, and
to all containers or equipment returned to the manufacturer for repair or refurbishing,
whether made or assembled in whole or in part in Vermont after January 1, 1998, or
sold or conveyed when new in Vermont after January 1, 1998.
(b) Sanitary requirements. Containers and equipment used for packaging maple products shall be clean and sanitary
at the time of packing.
(c) Container size. Maple syrup containers offered for sale within the State of Vermont shall be of a
size determined by the Secretary to be correct to hold the liquid volume stated on
the container when filled with syrup at 68 degrees Fahrenheit. Maple syrup containers
shall be clean and free of rust, and shall not include any substance that may damage
the color or flavor of maple syrup.
(d) Rule authority. The Secretary may regulate by rule the types and uses of cleaning and sanitizing agents
and processes and the types and uses of equipment that come into contact with maple
products, including the collection, conveying, processing, manufacture, or storage
of maple products. The Secretary shall work with interested persons and entities to
develop and adopt these rules.
(e) Plastic resin. New containers and new equipment that are purchased, sold, offered for sale, conveyed,
or used in Vermont after January 1, 1998 and made from plastic resin, shall be:
(1) suitable for their intended use;
(2) constructed from materials that will not allow the migration of deleterious substances
or impart colors, odors, or tastes to maple sap or products; and
(3) designed and constructed so that when used, such equipment and containers shall not
permit the adulteration of maple sap or products with lubricants, fuel, metal fragments,
contaminated water, or any other contaminants.
(f) Statutory certification. Containers and equipment that come into contact with maple products shall as a matter
of law be certified for use in collecting, conveying, processing, manufacturing, or
storing maple products, provided such containers or equipment is made from materials
that are suitable for collecting, conveying, or storing potable water.
(g) Duty to acquire certification. Any person who sells or conveys ownership of containers or new equipment that are
made from plastic resin shall acquire a certification from the manufacturer that the
containers or equipment is designed and constructed in such a manner and of such materials
as to comply with this section and applicable rules. The certification shall be in
writing and shall be made available to a prospective purchaser, owner, or the Secretary
upon request.
(h) Manufacturer certification. After January 1, 1998, all manufacturers of new containers or new equipment made from
plastic and that come into contact with maple products shall provide the written certification
required for each type of container or equipment. A certification shall be presumed
valid until the design or formulation of the equipment or container changes, at which
time a new certification shall be required. It shall be acceptable for a manufacturer
to provide a single certification listing all of the applicable products.
(i) Penalty. Any person who violates this section or any applicable rule may be assessed an administrative
penalty under section 15 of this title. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1997, No. 29, § 2, eff. May 15, 1997; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 71, eff. July 1, 2022; 2023, No. 6, § 40, eff. July 1, 2023.)