Specific Weights and Measures

V.S.A. tit. 9, ch. 73, subch. 4

in effect

9 V.S.A. § 2691 Meat, poultry, and seafood

2691. Meat, poultry, and seafood Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold by an eating establishment as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry, and all seafoods except mollusks offered or exposed for sale, or sold, as food shall be sold by weight. When meat, poultry, or seafood is combined with or associated with some other food elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight, and the quantity representation may be the total weight of the product or combination, and a quantity representation need not be made for each of the several elements of the product or combination. Mollusks may be sold by weight or volume, but not by count except for oysters in the shell. On ready-to-cook, whole carcass, stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars, and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight of the poultry product and, in proximity thereto, a statement specifying the minimum weight of poultry in the product. Added 1967, No. 102, § 25, eff. April 14, 1967; amended 1971, No. 69, § 7, eff. April 15, 1971.

9 V.S.A. § 2692 Bulk milk tanks

2692. Bulk milk tanks (a) When installing a farm bulk tank or reconstructing a floor area supporting a bulk tank, the tank shall not be placed in service and used as a commercial measuring device unless a foundation has been constructed with due consideration of frost penetration and of sufficient strength to support the completely liquid-laden tank without change of level, and a steel plate not less than six inches square and not less than one-quarter inch thick is placed under each leg and the steel plate and the tank legs are cemented to the floor. Bulk tanks shall be calibrated using accepted practices approved by the consumer protection section as soon as possible after the milk house and bulk tank installation has been approved by the dairy section. (b) Whenever a check of a bulk milk tank by the Agency of Agriculture, Food and Markets or by a competent person or agency indicates a tank calibration is not accurate within official tolerances, the first handler receiving milk from the producer shall recalibrate the tank, unless the out-of-tolerance is caused by movement of the tank and the Secretary feels there will be continued movement, then the recalibration shall not be performed until a solid foundation has been constructed. (c) If the Secretary determines the bulk milk tank is not an accurate measure for milk or because of continued movement of the tank caused by a poor foundation, the Secretary may condemn the tank and forbid its use as a measuring device. Any person who alters a bulk tank weight conversion chart, uses other than the latest conversion chart issued, uses a condemned tank as a measure, uses a tank without the legs cemented to the floor, or changes the level position of a bulk milk tank without immediately notifying the Secretary of Agriculture, Food and Markets shall be fined not more than $500.00 for each offense. (d) The first handler receiving milk from a producer shall furnish competent personnel licensed by the consumer protection section to calibrate the producer’s bulk milk tank. The word “handler” as used in this subsection shall mean a person, firm, unincorporated association, or corporation engaged in the business of buying, selling, assembling, packaging, or processing milk or other dairy products, for sale within or outside the State of Vermont. (e) [Repealed.] Added 1967, No. 102, § 26, eff. April 14, 1967; amended 1971, No. 69, § 14, eff. April 15, 1971; 1973, No. 22, § 2; 1989, No. 257 (Adj. Sess.), § 16; 1991, No. 186 (Adj. Sess.),§§ 36a, 36b, eff. May 7, 1992; 1991, No. 227 (Adj. Sess.), § 7; 1999, No. 49, § 128(1); 2011, No. 39, § 8, eff. May 19, 2011; 2013, No. 159 (Adj. Sess.), § 10.

9 V.S.A. § 2693 Log measure—The Vermont rule

2693. Log measure—The Vermont rule In bargains for or purchase of saw logs or round timber by measure, the number of feet shall be ascertained either by the international log rule as designed by the U.S. Forestry Service for a one-quarter inch kerf or by the Vermont rule as follows: multiply the average diameter of the top of the log, inside the bark, in inches, by half such diameter in inches, disregarding fractions of an inch less than a half, and regarding fractions greater than a half as a full inch, and the number obtained as the product will represent the contents in feet of a log of that diameter 12 feet long. If the log is less than 12 feet long, the actual contents will be the same fraction of the above product as the actual length of the log is of 12 feet. If the log is more than 12 feet long, commence at the upper end and measure it into sections of 12 feet; then, according to the above rule, find the contents of each section and fractional section. The aggregate of the contents of the sections will be the contents of the whole log, and shall be marked on the small end as to its contents. Added 1967, No. 102, § 27, eff. April 14, 1967.

9 V.S.A. § 2694 Repealed. 2001, No. 39, § 4.

9 V.S.A. § 2695 Fluid dairy products

2695. Fluid dairy products All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk, shall be packaged for retail sale only in units of 1 gill, 1/2 liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, 1/2 gallon, 1 gallon, 11/2 gallons, 2 gallons, and 21/2 gallons, or multiples of 1 gallon. Packages in units of less than 1 gill shall be permitted. On and after January 1, 1974, sour cream and yogurt shall be sold only in terms of weight, and shall be packaged for retail sale only in units of 4, 8, 12, 16, 32, 64 and 128 ounces avoirdupois except yogurt may also be sold in units of 5 and 6 ounces avoirdupois. Added 1967, No. 102, § 29, eff. April 14, 1967; amended 1969, No. 9, § 1; 1971, No. 69, § 8, eff. April 15, 1971; 1973, No. 22, § 3.

9 V.S.A. § 2696 Flour, corn meal, and hominy grits

2696. Flour, corn meal, and hominy grits When in package form, and when packed, kept, offered or exposed for sale, or sold, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meal, and hominy grits shall be packaged only in units of 2, 5, 10, 25, 50, or 100 pounds, avoirdupois weight. However, packages in units of less than 2 pounds or more than 100 pounds are permitted. Added 1967, No. 102, § 30, eff. April 14, 1967; amended 1971, No. 69, § 9, eff. April 15, 1971.

9 V.S.A. § 2697 Liquid fuels

2697. Liquid fuels (a) Liquid fuels including motor fuels, furnace oils, stove oils, liquefied petroleum gas, and other liquid fuels used for similar purposes shall be sold by liquid measure or by net weight in accordance with the provisions of section 2671 of this title. In the case of each delivery of liquid fuel not in package form, and in an amount greater than 10 gallons in the case of sale by liquid measure or 99 pounds in the case of sale by weight, there shall be rendered to the purchaser, either: (1) at the time of delivery; or (2) within a period mutually agreed upon in writing or otherwise between the vendor and the purchaser, a delivery ticket or a written statement on which, in ink, or other indelible substance, there shall be clearly and legibly stated: (A) the name and address of the vendor; (B) the name and address of the purchaser; (C) the identity of the type of fuel comprising the delivery; (D) the unit price, that is, the price per gallon or per pound, as the case may be, of the fuel delivered; (E) in the case of sale by liquid measure, the liquid volume of the delivery shall be determined by a meter with a register printing the meter readings on a ticket, a copy of which shall be given to the purchaser, from which such liquid volume shall be computed, expressed in terms of the gallon and its binary or decimal subdivisions (the ticket shall not be inserted into the register until immediately before delivery is begun, and in no case shall a ticket be in the register when the vehicle is in motion); or the liquid volume may be determined by a vehicle tank used as a measure when in full compliance with Handbook H-44 and calibrated by a weights and measures official. Sale by a liquid measuring device as defined in Handbook H-44, and sale by a vapor meter are excluded from this section. The volume of liquid fuels delivered on consignment shall be computed and charged for only from the totalizers on the devices dispensing the product; (F) in the case of sale by weight, the net weight of the delivery, together with any weighing scale readings from which that net weight has been computed, expressed in terms of tons or pounds avoirdupois. (b) The use of temperature compensation during delivery of all liquid fuels, with the exception of the delivery of liquefied petroleum gas, is prohibited. The Secretary shall enforce this prohibition in the same manner as other violations of this chapter. Added 1967, No. 102, § 31, eff. April 14, 1967; amended 1971, No. 69, § 10, eff. April 15, 1971; 2013, No. 83, § 6, eff. June 10, 2013.

9 V.S.A. § 2697a Motor fuel octane content and quality

2697a. Motor fuel octane content and quality (a) It shall be unlawful for a person to misrepresent the octane content or the quality of motor fuel sold or offered for sale in this State. The Secretary may randomly test motor fuel dispensers and motor fuel for the accuracy of any advertised, labeled, or other declarations regarding the octane content and the quality of the fuel dispensed. (b) The Secretary may adopt rules concerning octane and quality standards for motor fuels deemed necessary to carry out the provisions of this section. (c) [Repealed.] (d) Any person who sells gasoline to a retail outlet and any person who sells gasoline to the public shall maintain records as required under 15 U.S.C. § 2821 et seq. and the rules adopted thereunder, and shall provide copies of such records to the Secretary upon request. Added 1991, No. 31, § 1; amended 1991, No. 244 (Adj. Sess.), § 1, eff. May 28, 1992; 1991, No. 227 (Adj. Sess.), § 7; 1999, No. 49, § 128(2).

9 V.S.A. § 2698 Textile products

2698. Textile products A person shall not keep for the purpose of sale, offer or expose for sale, or sell, any textile yard goods put up or packaged in advance of sale in a bolt or roll, or any other textile product put up or packaged in advance of sale in any other unit, for either wholesale or retail sale, unless that bolt or roll, or such other unit, is definitely, plainly, and conspicuously marked to show its net measure in terms of yards or its net weight in terms of avoirdupois pounds or ounces, subject, however, to the following limitations and requirements: (1) Any unit of twine or cordage may be marked to show its net measure in terms of feet. Ready-wound bobbins that are not sold separately shall not be required to be individually marked, but the package containing those bobbins shall be marked to show the number of bobbins contained therein and the net weight or measure of the thread on each bobbin. Any unit of sewing, basting, mending, darning, crocheting, tatting, handknitting, or embroidery thread or yarn, except nylon handknitting yarn, that is not composed in whole or in part of wool, the net weight of which is less than two ounces avoirdupois, shall be marked to show its net measure in terms of yards as unwound from the ball or from the spool or other holder. Any retail unit of a textile product, sold only for household use, consisting of a package containing two or more similar individual units that are not sold separately, shall be marked to show the number of individual units in the package and the net weight or net measure of the product in each individual unit, but this proviso shall not apply where the individual units are separately marked. Any unit of yarn, composed in whole or in part of wool, sold to consumers for handiwork, shall be marked to show the net weight of such yarn, except that any such unit of tapestry, mending, or embroidery yarn, the net measure of which does not exceed 50 yards, may be marked to show its linear measures only. (2) The marking required by this section shall in all cases be in combination with the name and place of business of the manufacturer, packer, or distributor of the product, or a trademark, symbol, brand, or other mark that positively identifies such manufacturer, packer, or distributor. Any such trademark, symbol, brand, or other mark that is employed to identify the manufacturer, packer, or distributor shall be filed with the Secretary. (3) Reasonable tolerances may be permitted, and these may be included in regulations for the enforcement of this section that shall be issued by the Secretary. (4) This section shall not apply to the following textile products when sold at wholesale in bulk by net weight: cordage, agricultural bag sewing threads, twines, yarns that are to be processed, and yarns that are to be industrially converted into end use products. Added 1967, No. 102, § 32, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.

9 V.S.A. § 2699 Berries and small fruits

2699. Berries and small fruits Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint, or 1 dry quart. However, the marking provisions of section 2672 of this title shall not apply to those containers. Added 1967, No. 102, § 33, eff. April 14, 1967.

9 V.S.A. § 2700 Coal, coke, and charcoal

2700. Coal, coke, and charcoal All coal, coke, and charcoal shall be sold by weight. Unless the fuel is delivered to the purchaser in package form, each delivery of coal, coke, or charcoal to an individual purchaser shall be accompanied by duplicate delivery tickets on which, in ink or other indelible substance, there shall be clearly stated (1) the name and address of the vendor, (2) the name and address of the purchaser, and (3) the net weight of the delivery and the gross and tare weights from which the net weight is computed, each expressed in pounds. One of these tickets shall be retained by the vendor and the other shall be delivered to the purchaser at the time of delivery of the fuel, or shall be surrendered, on demand, to the Secretary, or an inspector, who, if he or she desires to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser. However, if the purchaser carries away his or her purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of fuel delivered to him or her. If necessary to wet down coal and coke, this shall be done only after coal is weighed according to this section. Added 1967, No. 102, § 34, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.), § 7.

9 V.S.A. § 2701 Ice

2701. Ice Ice shall be sold by weight. The net weight of ice dispensed by a vending machine shall be presented clearly and conspicuously on the front panel near coin slot. This section shall not apply to ice sold by hotels or motels and to be consumed on the premises. Added 1967, No. 102, § 35, eff. April 14, 1967.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/09/073Fetched: 10/21/2026