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BILL AS INTRODUCED 2007-2008

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S.82

Introduced by Senator Miller of Chittenden District, Senator Illuzzi of     Essex-Orleans District and Senator MacDonald of Orange District

Referred to Committee on

Date:

Subject:  Commerce and trade; consumer fraud; representations of Vermont origin; use of Vermont addresses

Statement of purpose:  This bill proposes to provide that the use of a Vermont address by a business based in Vermont for the purpose of redistributing a product not produced in Vermont shall not be an unfair or deceptive act; and invalidate the attorney general’s rule on representations of Vermont origin to the extent that it conflicts with this provision.

AN ACT RELATING TO THE USE OF VERMONT ADDRESSES AND REPRESENTATIONS OF VERMONT ORIGIN

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

Sec. 1.  9 V.S.A. § 2453 is amended to read:

§ 2453.  PRACTICES PROHIBITED; ANTITRUST AND CONSUMER FRAUD

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(c)  The attorney general shall make adopt rules and regulations, when necessary and proper to carry out the purposes of this chapter and within the limitations set forth in subsection (d) of this section, relating to unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce.  The rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the federal courts interpreting the Federal Trade Commission Act.

(d)  Violation of a rule or regulation as made adopted by the attorney general is prima facie proof of the commission of an unfair or deceptive act in commerce.  However, the use of a Vermont address by a business based in Vermont for the purpose of redistributing a product not produced in Vermont shall not be an unfair or deceptive act.  To the extent that a rule or regulation of the attorney general conflicts with this subsection, that rule shall be invalid and unenforceable.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us