The US state of Vermont has approved measures to regulate PFAS and other chemicals in certain consumer products. The provisions in the Act will be implemented in phases, starting July 1, 2021.
On May 18, 2021, the governor of Vermont signed S.20 into law to regulate several chemicals in specific consumer goods and amend the list of chemicals of high concern to children (CHCCs) for reporting in children’s products (the Act).
According to the definitions in 18 V.S.A, known as the Act, perfluoroalkyl and polyfluoroalkyl substances (PFAS) means a family of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
The Act amends 18 V.S.A of the state’s statutes by adding several new chapters and amending § 1773 in relation to chemicals of high concern to children (CHCC). It:
- Adds 18 V.S.A. Chapter 33 ‘PFAS in Firefighting Agents and Equipment’
- Adds 18 V.S.A. Chapter 33A ‘Chemicals of Concern in Food Packaging’ in relation to PFAS, (ortho) phthalates and bisphenols
- Adds 18 V.S.A. Chapter 33B ‘PFAS in Rugs, Carpets and Aftermarket Stain and Water-Resistant Treatments’
- Adds 18 V.S.A. Chapter 33C ‘PFAS in Ski Wax’
- Amends §1773 to 18 V.S.A Chapter 38A ‘Chemicals of High Concern to Children’ by designating the following three chemicals as CHCC for reporting in children’s products:
- Perfluorohexane sulfonic acid (PFHxS)
- Perfluoroheptanoic acid (PFHpA)
- Perfluorononanoic acid (PFNA)
Highlights of the Act are summarized in Table 1.
| US state of Vermont, 2021-2022 Regular Session S.20 ‘An Act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products’ | |||
|---|---|---|---|
| Substance | Scope | Requirement | Effective Date |
| PFAS | Personal protective equipment | Manufacturers or sellers to provide buyers with notice statement indicating the presence of PFAS and the reasons for these chemicals in such products1, 2 | July 1, 2021 |
| Class B firefighting foams | Prohibited1 | July 1, 2022 | |
| Residential rugs and carpets | Prohibited1, 6 | July 1, 2023 | |
| Aftermarket stain and water-resistant treatments for rugs or carpets | Prohibited1, 3, 4, 6 | July 1, 2023 | |
| Ski wax | Prohibited1, 4, 6 | July 1, 2023 | |
| Class B firefighting foams for use at a terminal | Prohibited1, 5 | January 1, 2024 | |
| PFAS | Food packaging | Prohibited1, 6 | July 1, 2023 |
| Bisphenols | Dept. of Health (DOH) may adopt rules for prohibition1, 6 | 2 years after DOH has adopted rules | |
| Phthalates | Prohibited1, 6 | July 1, 2023 | |
| PFHxS, PFHpA, PFNA | Children’s products | Designated as CHCC (Chemical disclosure program) | July 1, 2022 |
| 1Certificate of Compliance (CoC) to be furnished within 30 days upon request by Attorney General 2Notice to be retained for at least three years from date of transaction 3Excludes products marketed or sold exclusively for use at industrial facilities during the manufacture of a carpet, rug, clothing or shoe 4Commissioner to adopt any rules for implementation, administration and enforcement 5Subject to approval, temporary exemptions up to one year are permitted 6Used products are exempt | |||
Table 1
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