Vermont Statutes Title 10 Sec. 6676
Terms Used In Vermont Statutes Title 10 Sec. 6676
- Paint stewardship assessment: means a one-time charge that is:
- Postconsumer paint: means architectural paint and its containers not used and no longer wanted by a purchaser. See
- Producer: means a manufacturer of architectural paint who sells, offers for sale, or distributes that paint in Vermont under the producer's own name or brand. See
- Recycling: means any process by which discarded products, components, and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of combusting discarded products, components, and by-products with or without other waste products. See
- Secretary: means the Secretary of Natural Resources. See
§ 6676. Anticompetitive conduct
(a) A producer or an organization of producers that manages postconsumer paint, including collection, transport, recycling, and processing of postconsumer paint, as required by this subchapter may engage in anticompetitive conduct to the extent necessary to implement the plan approved by the Secretary and is immune from liability for the conduct relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.
(b) The activity authorized and the immunity afforded under subsection (a) of this section shall not apply to any agreement among producers or paint stewardship organizations:
(1) establishing or affecting the price of paint, except for the paint stewardship assessment approved under subsection 6675(b) of this title;
(2) setting or limiting the output or production of paint;
(3) setting or limiting the volume of paint sold in a geographic area;
(4) restricting the geographic area where paint will be sold; or
(5) restricting the customers to whom paint will be sold or the volume of paint that will be sold. (Added 2013, No. 58, § 1, eff. June 3, 2013.)