As a follow-up to the December 17, 2015 Vermont GMO Labeling Law webinar, a JPA member has asked whether online retail sales to customers in Vermont are covered by the law. JPA Legal Counsel at Hogan Lovells has advised that the law applies to foods offered for “retail sale” in Vermont and that retail sale is defined in part as being offered for sale from a “retail premises.” Retail premises are defined as “the physical location in Vermont where a retailer offers food for retail sale to consumers.” Thus, counsel interprets this to mean that online-only sales are generally not covered by the law.

Additionally, the Vermont Attorney General has offered the following guidance: “This definition… limits the labeling requirements in section 121.02 to physical retail stores in Vermont. The labeling requirements do not extend to Internet-only sales.”