Vermont Statutes Title 18 Sec. 4052
Terms Used In Vermont Statutes Title 18 Sec. 4052
- advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics. See
- cosmetic: means :
- drug: means :
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- food: means :
- hazardous substance: means any substance or mixture of substances that:
- label: means a display of written, printed, or graphic matter upon the immediate container of any article and a requirement made by or under authority of this chapter that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of the article, or is easily legible through the outside container or wrapper. See
- misbranded package: means any retailed package of a hazardous substance, intended for household use, that fails to bear a label:
- Permit: means any permit or license issued pursuant to this title. See
- person: includes an individual, partnership, corporation, and association. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 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;
(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.)