The Vermont Statutes Online

Title 18 : Health

Chapter 082 : Labeling of Foods, Drugs, Cosmetics, and Hazardous Substances

Subchapter 001 : LABELING FOR MARKETING AND SALE

• § 4052. Manufacture, sale, delivery; prohibitions

  The following acts and the causing thereof within the State of Vermont are hereby prohibited:

  (1) the manufacture, sale, or delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

  (2) the adulteration or misbranding of any food, drug, device, or cosmetic;

  (3) the receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

  (4) the sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 4061 or 4065 of this title;

  (5) the dissemination of any false advertisement;

  (6) the refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by section 4070 of this title;

  (7) the giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the State of Vermont from whom he or she received in good faith the food, drug, device, or cosmetic;

  (8) the removal or disposal of a detained or embargoed article in violation of section 4055 of this title;

  (9) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being adulterated or misbranded;

  (10) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under the provisions of this chapter;

  (11) the using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that any application with respect to such drug is effective under section 4065 of this title, or that such drug complies with the provisions of such section; and

  (12) the sale, offering for sale, distribution, or transportation for sale within this State of any misbranded package of a hazardous substance in a package or container intended for general home and household use. (Added 1959, No. 172, § 3, eff. May 12, 1959; amended 2017, No. 113 (Adj. Sess.), § 72; 2023, No. 6, § 138, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 48, eff. July 1, 2024.)