Vermont Statutes Title 9 Sec. 2633
Terms Used In Vermont Statutes Title 9 Sec. 2633
- Commodity in package form: means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. See
- Fraud: Intentional deception resulting in injury to another.
- sale: means barter and exchange. See
- Secretary: means the Secretary of the Agency of Agriculture, Food and Markets or his or her designee. See
- weight: as used in this chapter in connection with any commodity shall mean net weight. See
- Weights and measures: means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices including electric vehicle supply equipment available to the public, as defined in subdivision 2730(a)(14) of this title, but not including meters for the measurement of electricity, gas (natural or manufactured), or water when they are operated in a public utility system. See
§ 2633. Specific powers and duties of Secretary; regulations
(a) The Secretary shall issue from time to time reasonable regulations for the enforcement of this chapter, which regulations shall have the force and effect of law. These regulations may include (1) standards of net weight, measure, or count, and reasonable standards of fill, for any commodity in package form, (2) rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties, (3) exemptions from the sealing or marking requirements of section 2639 of this title with respect to weights and measures of such character or size that such sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question. These regulations shall include specifications, tolerances, and other technical requirements for weights and measures of the character of those specified in section 2635 of this title, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those (1) that are not accurate, (2) that are of such construction that they are faulty??that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly??or (3) that facilitate the perpetration of fraud.
(b) The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices, as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices,” and supplements thereto, or revisions thereof, shall apply to weighing and measuring devices in the State, except insofar as modified or rejected by regulation.
(c) The uniform regulation for packaging and labeling, the uniform regulation for unit pricing, and the uniform regulation for the method of sale of commodities, except for bread, as adopted by the National Conference on Weights and Measures, and published by the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” together with amendments, supplements, and revisions thereto, are adopted as part of this chapter except as modified or rejected by regulation. (Added 1967, No. 102, § 8, eff. April 14, 1967; amended 1973, No. 22, § 1; 1977, No. 37; 1991, No. 80, § 1; 1991, No. 227 (Adj. Sess.), § 7; 1993, No. 74, § 6; 2015, No. 39, § 19.)