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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 9 : Commerce and Trade

Chapter 063 : CONSUMER PROTECTION

Subchapter 001 : General Provisions

(Cite as: 9 V.S.A. § 2465a)
  • § 2465a. Definition of local, local to Vermont, and locally grown or made in Vermont

    (a) As used in this section:

    (1) "Eggs" means eggs that are the product of laying birds, including chickens, turkeys, ducks, geese, or quail, and that are in the shell.

    (2) "Majority of ingredients" means more than 50 percent of all product ingredients by volume, excluding water.

    (3) "Processed food" means any food other than a raw agricultural product and includes a raw agricultural product that has been subject to processing, such as canning, cooking, dehydrating, milling, or the addition of other ingredients. Processed food includes dairy, meat, maple products, beverages, fruit, or vegetables that have been subject to processing, baked, or modified into a value-added or unique food product.

    (4) "Raw agricultural product" means any food in its raw or natural state without added ingredients, including pasteurized or homogenized milk, maple sap or syrup, honey, meat, eggs, apple cider, and fruits or vegetables that may be washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

    (5) "Substantial period of its life" means an animal that was harvested in Vermont and lived in Vermont for at least one third of its life or one year.

    (6) "Unique food product" means food processed in Vermont from ingredients that are not regularly produced in Vermont or not available in sufficient quantities to meet production requirements.

    (b) For the purposes of this chapter and rules adopted pursuant to subsection 2453(c) of this chapter, "local," "local to Vermont," "locally grown or made in Vermont," and any substantially similar term shall have the following meaning based on the type of food or food product:

    (1) For products that are raw agricultural products, "local to Vermont" means the product:

    (A) was exclusively grown or tapped in Vermont;

    (B) is not milk and was derived from an animal that was raised for a substantial period of its lifetime in Vermont;

    (C) is milk where a majority of the milk was produced from Vermont animals; or

    (D) is honey produced by Vermont colonies located exclusively in Vermont when all nectar was collected.

    (2) Except as provided in subdivision (3) of this subsection, for products that are processed foods, "local to Vermont" means:

    (A) the majority of the ingredients are raw agricultural products that are local to Vermont; and

    (B) the product meets one or both or the following criteria:

    (i) the product was processed in Vermont; or

    (ii) the headquarters of the company that manufactures the product is located in Vermont.

    (3) For bakery products, beverages, or unique food products, the product meets two or more of the following criteria:

    (A) the majority of the ingredients are raw agricultural products that are local to Vermont;

    (B) substantial transformation of the ingredients in the product occurred in Vermont; or

    (C) the headquarters of the company that manufactures the product is located in Vermont.

    (c) For the purposes of this chapter and rules adopted pursuant to subsection 2453(c) of this chapter, when referring to products other than food, "local" and any substantially similar term shall mean that the goods being advertised originated within Vermont.

    (d) For the purposes of this chapter and rules adopted under subsection 2453(c) of this title, "local," "locally grown or made," and substantially similar terms may be used in conjunction with a specific geographic location provided that the specific geographic location appears as prominently as the term "local" and the representation of origin is accurate. If a local representation refers to a specific city or town, the product shall have been grown or made in that city or town. If a local representation refers to a region with precisely defined political boundaries, the product shall have been grown or made within those boundaries. If a local representation refers to a region that is not precisely defined by political boundaries, then the region shall be prominently described when the representation is made, or the product shall have been grown or made within 30 miles of the point of sale, measured directly point to point.

    (e) A person or company who sells or markets food or goods impacted by a change in this section shall have until January 1, 2021 to utilize existing product labels or packaging materials and to come into compliance with the requirements of this section. (Added 2007, No. 207 (Adj. Sess.), § 6, eff. June 11, 2008; amended 2019, No. 129 (Adj. Sess.), § 17.)