Vermont H. 238: An act relating to modernizing and reorganizing Title 7

Bill Text

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No. 54. An act relating to the phaseout of consumer products containing
added perfluoroalkyl and polyfluoroalkyl substances.
(H.238)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * PFAS in Consumer Products * * *
Sec. 1. 9 V.S.A. chapter 63, subchapter 12A is amended to read:
Subchapter 12A. PFAS in Consumer Products
§ 2494e. DEFINITIONS
As used in this subchapter:
(1) “Adult mattress” means a mattress other than a crib or toddler
mattress.
(2) “Aftermarket stain and water resistant treatments” means treatments
for textile and leather consumer products used in residential settings that have
been treated during the manufacturing process for stain, oil, and water
resistance, but excludes products marketed or sold exclusively for use at
industrial facilities during the manufacture of a carpet, rug, clothing, or shoe.
(3) “Apparel” means any of the following:
(A) Clothing items intended for regular wear or formal occasions,
including undergarments, shirts, pants, skirts, dresses, overalls, bodysuits,
costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school
uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear,
formal wear, onesies, bibs, reusable diapers, footwear, and everyday uniforms
for workwear. Clothing items intended for regular wear or formal occasions

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do not include clothing items for exclusive use by the U.S. Armed Forces,
outdoor apparel for severe wet conditions, and personal protective equipment.
(B) Outdoor apparel.
(4) “Artificial turf” means a surface of synthetic fibers that is used in
place of natural grass in recreational, residential, or commercial applications.
(5) “Cleaning product” means a compound intended for routine
cleaning, including general purpose cleaners, bathroom cleaners, glass
cleaners, carpet cleaners, floor care products, and hand soaps. “Cleaning
product” does not mean an antimicrobial pesticide.
(6) “Cookware” means durable houseware items used to prepare,
dispense, or store food, foodstuffs, or beverages and that are intended for direct
food contact, including pots, pans, skillets, grills, baking sheets, baking molds,
trays, bowls, and cooking utensils.
(7) “Dental floss” means a string-like device made of cotton or other
fibers intended to remove plaque and food particles from between the teeth to
reduce tooth decay. The fibers of the device may be coated with wax for easier
use.
(8) “Fluorine treated container” means a fluorinated treated plastic
container.
(6)(9) “Incontinency protection product” means a disposable, absorbent
hygiene product designed to absorb bodily waste for use by individuals 12
years of age and older.

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(7)(10) “Intentionally added” means the addition of a chemical in a
product that serves an intended function in the product component
“Intentionally added PFAS” means PFAS added to a product regulated under
this subchapter or one of its product components to provide a specific
characteristic, appearance, or quality or to perform a specific function.
“Intentionally added PFAS” also includes any degradation byproducts of
PFAS or PFAS that are intentional breakdown products of an added chemical.
For the purposes of this chapter the use of PFAS as a processing agent, mold
release agent, or intermediate is considered intentional introduction where
PFAS are detected in the final covered product.
(8)(11) “Juvenile product” means a product designed or marketed for
use by infants and children under 12 years of age:
(A) including a baby or toddler foam pillow; bassinet; bedside
sleeper; booster seat; changing pad; infant bouncer; infant carrier; infant seat;
infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot;
nursing pad; nursing pillow; pacifier; play mat; playpen; play yard;
polyurethane foam mat, pad, or pillow; portable foam nap mat; portable infant
sleeper; portable hook-in chair; soft-sided portable crib; stroller; toddler
mattress; and disposable, single-use diaper; and
(B) excluding a children’s electronic product, such as a personal
computer, audio and video equipment, calculator, wireless phone, game
console, handheld device incorporating a video screen, or any associated

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peripheral such as a mouse, keyboard, power supply unit, or power cord; a
medical device; or an adult mattress; and
(C) excluding children’s all-terrain vehicles, as that term is defined
under 23 V.S.A. § 3801.
(9)(12) “Manufacturer” means any person engaged in the business of
making or assembling a consumer product directly or indirectly available to
consumers. “Manufacturer” excludes a distributor or retailer, except when a
consumer product is made or assembled outside the United States, in which
case a “manufacturer” includes the importer or first domestic distributor of the
consumer product.
(10)(13) “Medica