Publication
Chemical Legislation in Vermont
An Act Relating to Bisphenol A
Effective July 1, 2012, this act bans the manufacture, sale, and distribution of reusable food or beverage containers containing bisphenol A (BPA) and infant formula or baby food stored in a plastic container or jar containing BPA. The statute does not provide for a minimum allowable concentration of BPA. The statute does not apply to containers intended for disposal after initial use or to commercial water cooler jugs. Beginning July 1, 2014, the statute also bans the manufacture, sale, and distribution of any infant formula or baby food stored in a can containing BPA.
Prevention of Lead Poisoning by Exposure to Lead in Consumer Products
Effective October 1, 2008, this statute prohibits manufacture, sale, and distribution of any article of jewelry or other metal decorative item containing lead if the article, or any detachable part of the article, is the size of a small part as defined by the Consumer Product Safety Commission in 16 C.F.R. part 1501. A component is considered to contain lead if it contains 0.01 percent lead by weight. This prohibition does not apply if three conditions are met: (1) the article is expressly and prominently advertised as adult jewelry; (2) the article is not commonly understood to be for use by a child under age 12; and (3) a point-of-sale disclosure, as prescribed by the Vermont Attorney General, accompanies the article and states that the article may contain lead at or above the prevailing legal limit for lead in children’s products.
This statute also prohibits manufacture, sale, and distribution of children’s products with components that contain lead. A children’s product is considered to contain lead if it contains 0.01 percent lead by weight. This prohibition does not apply if the lead-containing component is not accessible through normal and reasonably foreseeable use and abuse of the product or if the product is intended for use by children eight years of age or younger and the lead-containing component is only accessible through a contained battery compartment and complies with a more stringent state, federal, or European Union standard. The prohibition also does not apply to electrical and audio-visual cords used with children’s products. Children’s products are defined as “any consumer product marketed for use by children under the age of 12, or whose substantial use or handling by children under 12 years of age is reasonably foreseeable, including toys, furniture, jewelry, vitamins and other supplements, personal care products, clothing, food, and food containers and packaging.” With regard to children’s toys and child care articles, this prohibition has been preempted by the federal Consumer Product Safety Improvement Act.
An Act Relating to Health Reform
Vermont restricts the use of brominated flame retardants in consumer products. Effective July 1, 2010, Pentabromodiphenyl Ether (PentaBDE) and Octabromodiphenyl Ether (OctaBDE) may not be present at greater than 0.1 percent by weight in any product sold at retail, offered for sale, or distributed for sale or for promotional purposes. Decabromodiphenyl Ether (DecaBDE) cannot be present at greater than 0.1 percent by weight in mattresses, mattress pads, upholstered furniture, and plastic housings of televisions and computers sold at retail, offered for sale, or distributed for sale or for promotional purposes. These restrictions do not apply to the sale or resale of used products or motor vehicles or parts for use on motor vehicles.