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§2672. Packages, declarations of quantity and origin; variations; exemptions


Published: 2015

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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

073

:
WEIGHTS AND MEASURES






Subchapter

003
:
PACKAGES AND LABELING










 

§

2672. Packages, declarations of quantity and origin; variations; exemptions

(a) Except as

otherwise provided in this chapter, any commodity in package form introduced or

delivered for introduction into or received in intrastate commerce, kept for

the purpose of sale, or offered or exposed for sale in intrastate commerce,

shall bear on the outside of the package such definite, plain, and conspicuous

declarations of:

(1) the identity

of the commodity in the package unless the same can easily be identified

through the wrapper or container;

(2) the net

quantity of the contents in terms of weight, measure, or count; and

(3) in the case

of any package kept, offered, or exposed for sale, or sold any place other than

on the premises where packed, the name and place of business of the

manufacturer, packer, or distributor as may be prescribed by regulation issued

by the secretary.

(b) In

connection with the declaration required under subdivision (a)(2) of this

section, neither the qualifying term "when packed" or any words of

similar import, nor any term qualifying a unit of weight, measure, or count

(for example, "jumbo," "giant," "full," and the

like) that tends to exaggerate the amount of commodity in a package, may be

used. Under subdivision (a)(2) of this section the Secretary may, by

regulation, establish: reasonable variations to be allowed, which may include

variations below the declared weight or measure caused by ordinary and

customary exposure, only after the commodity is introduced into intrastate commerce,

to conditions that normally occur in good distribution practice and that

unavoidably result in decreased weight or measure; exemptions as to small

packages; and exemptions as to commodities put up in variable weights or sizes

for sale intact and either customarily not sold as individual units or

customarily weighed or measured at time of sale to the consumer. (Added 1967,

No. 102, § 19, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7;

2003, No. 42, § 2, eff. May 27, 2003.)