Vermont Enacts Comprehensive Legislation To Regulate Harmful Chemicals In Consumer Products

On May 30, 2024, Vermont Governor signed into law Act No. 131, a ground-breaking piece of legislation aimed at regulating consumer products containing harmful chemicals, including perfluoroalkyl and polyfluoroalkyl substances (PFAS) and other hazardous chemicals. This comprehensive law, known as S.25, targets a broad range of products to enhance public health and environmental safety in the state.

Key Provisions Of Act No. 131

Chemicals in Cosmetic and Menstrual Products

The law introduces stringent measures to control the use of hazardous chemicals in cosmetic and menstrual products. Under the new regulations:

Manufacturers are prohibited from intentionally adding chemicals such as ortho-phthalates, PFAS, formaldehyde, mercury compounds, lead, asbestos, and triclosan, among others, to cosmetic and menstrual products.Cosmetic and menstrual products containing unavoidable trace amounts of these chemicals due to impurities from natural or synthetic ingredients, manufacturing processes, storage, or packaging migration are exempt from these prohibitions.The Department of Health is authorized to adopt rules banning the use of formaldehyde-releasing agents if safer alternatives are available.

PFAS in Consumer Products

The legislation extends to other consumer products, banning the intentional addition of PFAS in various categories:

Aftermarket Stain and Water-Resistant Treatments: Prohibited in rugs or carpets.Artificial Turf: Banned if PFAS have been intentionally added or if PFAS have entered the product during manufacturing.Cookware: Prohibited from containing intentionally added PFAS.Incontinency Protection Products: Banned from containing PFAS.Juvenile Products: Restrictions apply to products intended for children under 12 years.Textiles and Textile Articles: Banned from containing regulated PFAS if intentionally added.

Implementation And Compliance

Certification and Enforcement

Manufacturers must provide certificates of compliance to the Attorney General upon request, confirming their products meet the state's new standards.The Attorney General is empowered to enforce the law, conduct investigations, and bring civil actions against violators.

Community Engagement and Education

The Department of Health is tasked with developing a community engagement plan by July 1, 2025, to educate the public about harmful chemicals in cosmetic and menstrual products, especially focusing on marginalized communities. This plan includes outreach to identify products of concern, conduct research on harmful ingredients, and propose regulations for potentially harmful chemicals.

Future Steps and Reviews

The Agency of Natural Resources, in consultation with other state departments, will propose a program by November 1, 2024, to identify and restrict PFAS in consumer products, ensuring these regulations protect public health and the environment.The Department of Health will review Washington State's implementation of lead limits in cosmetics and report its findings by March 1, 2025.

Effective Dates

The law will be implemented in phases, with major sections on chemicals in cosmetic and menstrual products, PFAS in consumer products, and firefighting agents taking effect on January 1, 2026. Additional provisions will come into effect between 2027 and 2028, ensuring a gradual and manageable transition for manufacturers and other stakeholders.

Governor's Statement

"This legislation is a crucial step forward in protecting the health and safety of Vermonters," said Governor. "By regulating these harmful chemicals, we are taking significant action to ensure cleaner, safer products and a healthier environment for all our residents."

Vermont continues to lead the nation with its proactive approach to chemical regulation, setting a benchmark for other states to follow.