Vermont, USA, Revises Law on Products Containing PFAS and other Chemicals

SG 86/24

Vermont has revised its law on products containing PFAS and other chemicals. The provisions in the new act will be implemented in phases, starting July 1, 2024.

In May 2021, the US state of Vermont approved measures to regulate PFAS and other chemicals in certain goods (SafeGuardS 72/21). The law revised 18 V.S.A of the state’s statutes by adding several chapters and amended § 1773 in relation to chemicals of high concern to children (CHCC).

On May 30, 2024, the governor of Vermont signed S25 (the Act) into law to amend the aforementioned law. 

The Act provides several terms and their definitions, including but not limited to the following:

• ‘Artificial turf’ – a surface of synthetic fibers that is used in place of natural grass in recreational, residential or commercial applications
• ‘Bisphenols’ – any member of a class of industrial chemicals that contain two hydroxyphenyl groups. These are primarily used in polycarbonate plastics and epoxy resins
• ‘Juvenile product’ – a product designed and marketed for use by infants and children under 12 years of age
• This definition exempts children’s electronic products, such as personal computers, audio and video equipment, calculators, wireless phones, game consoles, handheld devices incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit or power cord, medical devices or adult mattresses
• ‘Ortho-phthalates’ – any member of the class of organic chemicals that are esters of phthalic acid containing two carbon chains located in the ortho position
• ‘Perfluoroalkyl or polyfluoroalkyl substances or PFAS’ – a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom
• Regulated PFAS substances:
• PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product, including PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product, or
• The presence of PFAS in a product or product component at or above 100 ppm total organic fluorine (TOF). This 100 ppm TOF value will be strengthened to 50 ppm TOF from July 1, 2027
• ‘Textile’ – any item made in whole or part from a natural, manmade or synthetic fiber, yarn or fabric, including leather, cotton, silk, jute, hemp, wool, viscose, nylon and polyester. The term does not include single use paper hygiene products
• ‘Textile articles’ – textile goods of a type customarily and ordinarily used in households and businesses, and includes apparel, accessories, handbags, draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins and tablecloths. The term does not include a vehicle or its component parts, vessel or its component parts, aircraft or its component parts, filtration media and filter products for industrial applications, those used for laboratory analysis and testing as well as rugs and carpets

The Act will become effective on July 1, 2024, and the provisions will be implemented in phases from this date.

Highlights of several provisions in S25 are summarized in Table 1.

¹Second hand products are exempt
²Attorney generals (AG) may request a certificate of compliance (CoC) to attest compliance
³Application for a temporary exemption is allowed for use at terminals

Table 1

The Act also regulates intentionally added PFAS and several other chemicals in cosmetic and menstrual products.

The Act will repeal the following Vermont Laws on January 1, 2026:

• 18 V.S.A Chapter 33 (PFAS in firefighting agents and equipment)
• 18 V.S.A Chapter 33A (Chemicals of concern in food packaging)
• 18 V.S.A Chapter 33B (PFAS in rugs, carpets, and aftermarket stain and water-resistant treatments)
• 18 V.S.A Chapter 33C (PFAS in ski wax)

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