Vermont § 494 - Containers and equipment; rules; manufacturer certification required if plastic resin used

§ 494. Containers and equipment; rules; manufacturer certification required if plastic resin used

• (a) Applicability. This section shall apply to all containers and equipment that come into contact with
  maple sap, maple syrup, or maple products, referred to for the purposes of this section
  as “maple products,” to all replacement parts of such containers and equipment, and
  to all containers or equipment returned to the manufacturer for repair or refurbishing,
  whether made or assembled in whole or in part in Vermont after January 1, 1998, or
  sold or conveyed when new in Vermont after January 1, 1998. (b) Sanitary requirements. Containers and equipment used for packaging maple products shall be clean and sanitary
  at the time of packing. (c) Container size. Maple syrup containers offered for sale within the State of Vermont shall be of a
  size determined by the Secretary to be correct to hold the liquid volume stated on
  the container when filled with syrup at 68 degrees Fahrenheit. Maple syrup containers
  shall be clean and free of rust, and shall not include any substance that may damage
  the color or flavor of maple syrup. (d) Rule authority. The Secretary may regulate by rule the types and uses of cleaning and sanitizing agents
  and processes and the types and uses of equipment that come into contact with maple
  products, including the collection, conveying, processing, manufacture, or storage
  of maple products. The Secretary shall work with interested persons and entities to
  develop and adopt these rules. (e) Plastic resin. New containers and new equipment that are purchased, sold, offered for sale, conveyed,
  or used in Vermont after January 1, 1998 and made from plastic resin, shall be: (1) suitable for their intended use; (2) constructed from materials that will not allow the migration of deleterious substances
  or impart colors, odors, or tastes to maple sap or products; and (3) designed and constructed so that when used, such equipment and containers shall not
  permit the adulteration of maple sap or products with lubricants, fuel, metal fragments,
  contaminated water, or any other contaminants. (f) Statutory certification. Containers and equipment that come into contact with maple products shall as a matter
  of law be certified for use in collecting, conveying, processing, manufacturing, or
  storing maple products, provided such containers or equipment is made from materials
  that are suitable for collecting, conveying, or storing potable water. (g) Duty to acquire certification. Any person who sells or conveys ownership of containers or new equipment that are
  made from plastic resin shall acquire a certification from the manufacturer that the
  containers or equipment is designed and constructed in such a manner and of such materials
  as to comply with this section and applicable rules. The certification shall be in
  writing and shall be made available to a prospective purchaser, owner, or the Secretary
  upon request. (h) Manufacturer certification. After January 1, 1998, all manufacturers of new containers or new equipment made from
  plastic and that come into contact with maple products shall provide the written certification
  required for each type of container or equipment. A certification shall be presumed
  valid until the design or formulation of the equipment or container changes, at which
  time a new certification shall be required. It shall be acceptable for a manufacturer
  to provide a single certification listing all of the applicable products. (i) Penalty. Any person who violates this section or any applicable rule may be assessed an administrative
  penalty under section 15 of this title. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1997, No. 29, § 2, eff. May 15, 1997; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 71, eff. July 1, 2022; 2023, No. 6, § 40, eff. July 1, 2023.)