The Vermont Statutes Online

Title 18 : Health

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

Subchapter 001 : LABELING FOR MARKETING AND SALE

• § 4053. Rules and hearings

  (a) The authority to enforce this chapter is vested in the Department. The Department shall from time to time for the efficient enforcement of this chapter adopt rules after public hearing following due notice at least 10 days in advance of the hearings to interested persons.

  (b) In addition to the other remedies provided in this chapter, the Commissioner is hereby authorized through the Attorney General or State’s Attorneys to apply to the Civil or Criminal Division of any Superior Court, and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this chapter, irrespective of whether or not there exists an adequate remedy at law.

  (c)(1) Any hazardous substance that is in a misbranded package when introduced into or while in intrastate commerce within this State for sale within this State shall be liable to be proceeded against on libel of information and condemned in any court within this State having jurisdiction over such an action. Any hazardous substance condemned under this section shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds thereof, if sold, less the legal costs and charges, shall be paid to the State Treasurer, but the hazardous substance shall not be sold under the decree contrary to the provisions of this chapter or the laws of the jurisdiction in which sold, provided that, upon the payment of costs of the proceeding and the execution and delivery of a good and sufficient bond conditioned that the hazardous substance shall not be sold or disposed of contrary to the provisions of this chapter, the court may direct that the hazardous substance be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this chapter by relabeling or reprocessing, as the case may be.

  (2) When a decree of condemnation is entered against the hazardous substance, court costs and fees and storage and other proper expenses shall be awarded against the person, or one intervening as claimant of the hazardous substance.

  (d) Before any violation of this chapter is reported for institution of a criminal proceeding, the person against whom such proceeding is contemplated may be given appropriate notice and an opportunity to present the person’s views to the Commissioner, either orally or in writing, with regard to the contemplated proceeding. Nothing in this chapter shall be construed as requiring the Commissioner to report for prosecution or for the institution of libel proceedings minor violations of the chapter whenever the Commissioner believes that the public interest will be best served by a suitable notice of warning in writing. (Added 1959, No. 172, § 4, eff. May 12, 1959; amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 128 (Adj. Sess.), § 38a; 2009, No. 154 (Adj. Sess.), § 145; 2015, No. 23, § 108; 2023, No. 53, § 84, eff. June 8, 2023.)