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

(a) Applicability. This section shall apply to all containers and equipment which come into contact with maple sap, maple syrup, or maple products, hereinafter 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) Containers and equipment used for packaging maple products shall be clean and sanitary at the time of packing.

(c) 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 which 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 which 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 promulgate these rules.

(e) Plastic resin. New containers and new equipment which 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 which 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 which 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 which 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.)