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BILL AS INTRODUCED 2007-2008

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H.807

Introduced by Representatives Johnson of Canaan, Ainsworth of Royalton, Clark of St. Johnsbury, Lawrence of Lyndon, Malcolm of Pawlet, McAllister of Highgate, Perry of Richford, Valliere of Barre City and Winters of Williamstown

Referred to Committee on

Date:

Subject:  Agriculture; standards and purity; false, misleading, or fraudulent statements

Statement of purpose:  This bill proposes to clarify the product labeling law regarding statements about prohibited substances.

AN ACT RELATING TO PROHIBITED LABEL REPRESENTATIONS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  6 V.S.A. § 2812 is amended to read:

§ 2812.  FALSE, MISLEADING, OR FRAUDULENT STATEMENTS

(a)  No false, misleading, or fraudulent statement shall appear on a retail package, display material, or advertising connected therewith.

(b)  The following are misleading:

(1)  A compositional claim which has not been confirmed through laboratory analysis performed at the owner of the label’s expense;

(2)  A compositional claim that is supported solely by sworn statements, affidavits, or testimonials;

(3)  Where a specific compound or substance is naturally present in the product, a statement that the compound or substance is not present, or that the compound or substance has not been added, unless supported by laboratory analysis or other scientific testing performed at the owner of the label’s expense.

(4)  A statement on a retail package, display material, or advertising connected therewith that a specific compound or substance is not present or has not been added when that specific compound or substance is prohibited from being present in the product by statute or regulation.

(c)  The words dairy, milk, cream, dairy farm, cow, and all words or pictures of similar connotation shall not be used on packages of imitation dairy products, products in semblance of dairy products, or in the display material or advertising connected therewith.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us