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H.238 1
Introduced by Representatives Sheldon of Middlebury and Chapin of East 2
Montpelier 3
Referred to Committee on 4
Date: 5
Subject: Conservation and development; toxic substances; consumer products; 6
perfluoroalkyl and polyfluoroalkyl substances 7
Statement of purpose of bill as introduced: This bill proposes to phase out and 8
ultimately prohibit the manufacture, sale, or distribution for sale of consumer 9
products containing added perfluoroalkyl and polyfluoroalkyl substances 10
(PFAS). The bill would authorize both the Secretary of Natural Resources and 11
the Attorney General to enforce the requirements for consumer products 12
containing PFAS, with the Attorney General enforcing under consumer 13
protection laws. In addition, a consumer harmed by a consumer product 14
containing PFAS would be authorized to bring a consumer protection action 15
for damages. 16
An act relating to the phaseout of consumer products containing added 17
perfluoroalkyl and polyfluoroalkyl substances 18 BILL AS INTRODUCED H.238
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It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 10 V.S.A. chapter 169 is added to read: 2
CHAPTER 169. PHASEOUT OF PFAS-ADDED CONSUMER PRODUCTS 3
§ 7601. DEFINITIONS 4
As used in this chapter: 5
(1) “Adult mattress” means a mattress other than a crib or toddler 6
mattress. 7
(2) “Aftermarket stain and water-resistant treatments” means treatments 8
for textile and leather consumer products used in residential settings for stain, 9
oil, and water resistance, but excludes products marketed or sold exclusively 10
for use at industrial facilities during the manufacture of a carpet, rug, clothing, 11
or shoe. 12
(3) “Alternative” means a substitute process, product, material, 13
chemical, strategy, or combination of these that has been evaluated and serves 14
a functionally equivalent purpose to PFAS in a product that presents a lesser 15
hazard to human health and the environment than use of PFAS in the product. 16
(4) “Apparel” means any of the following: 17
(A) Clothing items intended for regular wear or formal occasions, 18
including undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, 19
costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school 20
uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, 21 BILL AS INTRODUCED H.238
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formal wear, onesies, bibs, reusable diapers, footwear, and everyday uniforms 1
for workwear. Clothing items intended for regular wear or formal occasions 2
do not include clothing items for exclusive use by the U.S. Armed Forces and 3
personal protective equipment. 4
(B) Outdoor apparel. 5
(5) “Aqueous film forming foam” or “AFFF” means a fire suppressant 6
used to extinguish flammable liquid fires such as fuel fires. 7
(6) “Artificial turf” means a surface of synthetic fibers that is used in 8
place of natural grass in recreational, residential, or commercial applications. 9
(7) “Carpet or rug” means a fabric product marketed or intended for use 10
as a floor covering. 11
(8) “Cleaning product” means a compound intended for routine 12
cleaning, including general purpose cleaners, bathroom cleaners, glass 13
cleaners, carpet cleaners, floor care products, and hand soaps. “Cleaning 14
product” does not mean an antimicrobial pesticide. 15
(9) “Complex durable goods” means a consumer product that is a 16
manufactured good composed of 100 or more manufactured components, with 17
an intended useful life of five or more years, where the product is typically not 18
consumed, destroyed, or discarded after a single use. This includes 19
replacement parts for complex durable goods not subject to a phaseout under 20
this chapter. “Complex durable goods” does not include food. 21 BILL AS INTRODUCED H.238
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(10) “Consumer product” means any tangible personal property that is 1
distributed in commerce and that is used for personal, family, or household 2
purposes. “Consumer products” includes product categories that are normally 3
used by households but sold to businesses, such as commercial carpets or 4
commercial floor waxes. Beginning on January 1, 2033, “consumer product” 5
includes complex durable goods. 6
(11) “Cookware” means durable houseware items used to prepare, 7
dispense, or store food, foodstuffs, or beverages and that are intended for direct 8
food contact, including pots, pans, skillets, grills, baking sheets, baking molds, 9
trays, bowls, and cooking utensils. 10
(12) “Cosmetic product” means an article or a component of an article 11
intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or 12
otherwise applied to the human body or any part thereof for cleansing, 13
promoting attractiveness, or improving or altering appearance, including those 14
intended for use by professionals. “Cosmetic product” does not mean soap, 15
dietary supplements, or food and drugs approved by the U.S. Food and Drug 16
Administration. 17
(13) “Dental floss” means a string-like device made of cotton or other 18
fibers intended to remove plaque and food particles from between the teeth to 19
reduce tooth decay. The fibers of the device may be coated with wax for easier 20
use. 21 BILL AS INTRODUCED H.238
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(14) “Fluorine treated containers” means a fluorinated treated plastic 1
container or another fluorinated container listed by the Secretary by rule. 2
(15) “Food” has the same meaning as defined in 18 V.S.A. § 4051. 3
(16) “Food packaging and containers” means containers applied to or 4
providing a means to market, protect, handle, deliver, serve, contain, or store a 5
food or beverage. “Food packaging and containers” includes: 6
(A) a unit package and an intermediate package; 7
(B) unsealed receptacles, such as carrying cases, crates, cups, plates, 8
bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, and 9
tubs; and 10
(C) an individual assembled part of a food package, such as any 11
interior or exterior blocking, bracing, cushioning, weatherproofing, exterior 12
strapping, coatings, closures, inks, and labels. 13
(17) “Incontinency protection product” means a disposable, absorbent 14
hygiene product designed to absorb bodily waste for use by individuals 12 15
years of age and older. 16
(18) “Intentionally added” means: 17
(A) when a person manufacturing a product or product component 18
knows or can reasonably ascertain the final product or product component 19
could contain PFAS, including because: 20 BILL AS INTRODUCED H.238
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(i) PFAS or PFAS precursors are added to the product or product 1
component; 2
(ii) PFAS or PFAS precursors are used in the manufacturing 3
process of the product or product component; or 4
(iii) PFAS are present in the final product as a byproduct or 5
impurity; or 6
(B) the product or a product component contains PFAS above 7
thresholds established by the Secretary. 8
(19) “Juvenile product” means a product designed or marketed for use 9
by infants and children under 12 years of age: 10
(A) including a baby or toddler foam pillow; bassinet; bedside 11
sleeper; booster seat; changing pad; infant bouncer; infant carrier; infant seat; 12
infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; 13
nursing pad; nursing pillow; play mat; playpen; play yard; polyurethane foam 14
mat, pad, or pillow; portable foam nap mat; portable infant sleeper; portable 15
hook-in chair; soft-sided portable crib; stroller; toddler mattress; and 16
disposable, single-use diaper; and 17
(B) excluding a children’s electronic product, such as a personal 18
computer, audio and video equipment, calculator, wireless phone, game 19
console, handheld device incorporating a video screen, or any associated 20 BILL AS INTRODUCED H.238
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peripheral such as a mouse, keyboard, power supply unit, or power cord; a 1
medical device; or an adult mattress. 2
(20) “Known or reasonably ascertainable” means all information in a 3
person’s possession or control, plus all information that a reasonable person 4
similarly situated might be expected to possess, control, or know. 5
(21) “Manufacturer” means any person engaged in the business of 6
making or assembling a consumer product for sale to or use by consumers. 7
“Manufacturer” excludes a distributor or retailer, except when a consumer 8
product is made or assembled outside the United States, in which case a 9
“manufacturer” includes the importer or first domestic distributor of the 10
consumer product. 11
(22) “Medical device” has the same meaning given to “device” in 21 12
U.S.C. § 321. 13
(23) “Menstrual product” means a product used to collect menstruation 14
and vaginal discharge, including tampons, pads, sponges, menstruation 15
underwear, disks, applicators, and menstrual cups, whether disposable or 16
reusable. 17
(24) “Outdoor apparel” means clothing items intended primarily for 18
outdoor activities, including hiking, camping, skiing, climbing, bicycling, and 19
fishing. 20 BILL AS INTRODUCED H.238
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(25) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means 1
a class of fluorinated organic chemicals containing at least one fully 2
fluorinated carbon atom. 3
(26) “Personal protective equipment” is clothing designed, intended, or 4
marketed to be worn by firefighting personnel in the performance of their 5
duties, designed with the intent for use in fire and rescue activities, and 6
includes jackets, pants, shoes, gloves, helmets, and respiratory equipment. 7
(27) “Pesticide” has the same meaning as defined in 6 V.S.A. § 1101. 8
(28) “PFAS-added consumer product” means a consumer product that 9
was manufactured after the effective date of this chapter where PFAS were 10
intentionally added to that product or a component of the product. 11
(29) “Product component” means a component of a product, regardless 12
of whether the manufacturer of the product is the manufacturer of the 13
component. 14
(30) “Retailer” means a person who sells a PFAS-added product in the 15
State through any means, including a sales outlet, a catalogue, the telephone, 16
the internet, or any electronic means. “Retailer” does not mean a person who 17
both manufactures and sells at retail a consumer product with respect to the 18
product that they manufacture. 19
(31) “Secretary” means the Secretary of Natural Resources. 20 BILL AS INTRODUCED H.238
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(32) “Ski wax” means a lubricant applied to the bottom of snow runners, 1
including skis and snowboards, to improve their grip and glide properties. 2
(33) “Textile” means any item made in whole or part from a natural, 3
human-made, or synthetic fiber, yarn, or fabric, and includes leather, cotton, 4
silk, jute, hemp, wool, viscose, nylon, or polyester. “Textile” does not include 5
a single-use paper hygiene product, including toilet paper, paper towels, paper 6
tissues, or single-use absorbent hygiene products. 7
(34) “Textile articles” means textile goods of a type customarily and 8
ordinarily used in households and businesses and includes apparel, accessories, 9
handbags, backpacks, draperies, shower curtains, furnishings, upholstery, 10
bedding, towels, napkins, and tablecloths. “Textile articles” does not include: 11
(A) a vehicle, as defined in 1 U.S.C. § 4, or its component parts; 12
(B) a vessel, as defined in 1 U.S.C. § 3, or its component parts; 13
(C) an aircraft, as defined in 49 U.S.C. § 40102(a)(6), or its 14
component parts; 15
(D) filtration media and filter products used in industrial applications, 16
including chemical or pharmaceutical manufacturing and environmental 17
control technologies; 18
(E) textile articles used for laboratory analysis and testing; and 19
(F) rugs or carpets. 20 BILL AS INTRODUCED H.238
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(35) “Upholstered furniture” means any article of furniture that is 1
designed for sitting, resting, or reclining and is wholly or partially stuffed with 2
filling material. 3
§ 7602. EXEMPTIONS 4
The following are exempt from the requirements of this chapter: 5
(1) A product for which federal law governs the presence of PFAS in the 6
product in a manner that preempts state authority. 7
(2) Products made with at least 50 percent recycled content, excluding 8
food packaging and containers and PFAS solutions. The Secretary may adopt 9
alternate minimum recycled content exemptions by rule. 10
(3) Products manufactured prior to the phaseout imposed by section 11
7604 of this title. 12
(4) Drugs, medical devices, biologics, or diagnostics approved or 13
authorized by the federal Food and Drug Administration or the U.S. 14
Department of Agriculture or otherwise subject to regulation under the Federal 15
Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. § 301 et seq. This 16
exemption shall not apply to products phased out pursuant to subdivision 17
7604(a)(1) of this title or for which the Secretary adopts a rule phasing out a 18
PFAS-added consumer product. 19
(5) Pesticides registered or authorized for use under the Federal 20
Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. chapter 6, 21 BILL AS INTRODUCED H.238
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subchapter II (environmental pest control) and by the Vermont Agency of 1
Agriculture, Food and Markets under 6. V.S.A. Chapter 81, as amended. 2
(6) Replacement parts for products manufactured prior to the phaseout 3
imposed by section 7604 of this title. 4
§ 7603. INTERJURISDICTION CLEARINGHOUSE 5
(a) The Secretary is authorized to participate in the establishment and 6
implementation of a multijurisdiction clearinghouse to assist in carrying out 7
the requirements of this chapter and to help coordinate applications and 8
reviews of the manufacturer obligations under this chapter. The clearinghouse 9
may also maintain a database or other collection of relevant information, 10
including all products containing PFAS, including PFAS-added products; 11
applications for designation as a currently unavoidable use; and exemptions 12
granted by the participating jurisdictions. 13
(b) Public disclosure of information submitted to the Secretary pursuant to 14
this section shall be governed by the requirements of 1 V.S.A, chapter 5, 15
subchapter 3. Notwithstanding whether information submitted to the Secretary 16
pursuant to this section is exempt from public disclosure under 1 V.S.A. 17
§ 317(c), the Secretary may provide the clearinghouse with copies of such 18
information, provided: 19
(1) the Secretary provides notice of this section to the person submitting 20
the information; and 21 BILL AS INTRODUCED H.238
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(2) all member jurisdictions of the clearinghouse protect such 1
information from disclosure by law, including as provided in subsection (d) of 2
this section. 3
(c) The Secretary may publish analyses or summaries of such information, 4
provided that: 5
(1) the analyses or summaries do not reveal any information that is 6
confidential under 1 V.S.A. § 317(c); and 7
(2) if relying on confidential information obtained from another 8
jurisdiction, that jurisdiction does not prohibit disclosure of such analyses or 9
summaries. 10
(d) Communications and information shared among or between members 11
of the clearinghouse, including information maintained by the clearinghouse, 12
shall not lose any otherwise applicable protection from disclosure by virtue of 13
being shared within the clearinghouse. 14
§ 7604. PHASEOUTS ON THE SALE OF CERTAIN PFAS-ADDED 15
PRODUCTS 16
(a) Product phaseouts. A manufacturer shall not manufacture, sell, or 17
distribute for sale in the State the following PFAS-added consumer products: 18
(1) AFFF; 19
(2) aftermarket stain and water-resistant treatments; 20
(3) artificial turf; 21 BILL AS INTRODUCED H.238
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(4) carpets and rugs; 1
(5) cleaning products; 2
(6) cookware; 3
(7) cosmetic products; 4
(8) dental floss; 5
(9) fluorine treated containers; 6
(10) food packaging and containers; 7
(11) incontinency protection products; 8
(12) juvenile products; 9
(13) menstrual products; 10
(14) ski wax; and 11
(15) upholstered furniture. 12
(b) Apparel textiles and textile articles. A manufacturer shall not 13
manufacture, sell, or distribute for sale in the State apparel textiles or textile 14
articles with concentrations of total organic fluorine greater than 50 parts per 15
million. 16
(c) Firefighting; personal protective equipment. 17
(1) A manufacturer or other person that sells firefighting equipment to 18
any person, municipality, or State agency in this State shall provide written 19
notice to the purchaser at the time of sale, citing to this chapter, if the personal 20
protective equipment contains PFAS. The written notice shall include a 21 BILL AS INTRODUCED H.238
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statement that the personal protective equipment contains PFAS and the reason 1
PFAS are added to the equipment. 2
(2) The manufacturer or person selling personal protective equipment 3
and the purchaser of the personal protective equipment shall retain the notice 4
for at least three years from the date of the transaction. 5
§ 7605. CERTIFICATE OF COMPLIANCE 6
(a) The Attorney General or Secretary may request a certificate of 7
compliance from a manufacturer. Within 60 days after receipt of the request 8
for a certificate of compliance, the manufacturer shall: 9
(1) Provide a certificate to the requestor attesting that the manufacturer’s 10
product or products comply with the requirements of this chapter. Upon 11
request, the manufacturer shall document the steps taken to reasonably 12
ascertain whether PFAS were present in a product or product component. 13
(2) Notify persons who are selling a product of the manufacturer’s in 14
this State that the product does not comply with this chapter and submit to the 15
requestor a list of the names and addresses of those persons notified. 16
(b) A manufacturer required to submit a certificate of compliance pursuant 17
to this section may rely upon a certification under section 7606 of this title 18
provided to the manufacturer by a supplier for the purpose of determining 19
whether the manufacturer’s product or products comply with the requirements 20
of this chapter. 21 BILL AS INTRODUCED H.238
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(c) A certificate of compliance shall be in a form prescribed by the 1
Secretary. 2
§ 7606. MANUFACTURER CERTIFICATION; RIGHT OF ACTION 3
(a) A manufacturer may request a certification from a supplier of an input 4
into a product that is manufactured, sold, or distributed in the State of 5
Vermont. That certification may include the following: 6
(1) whether PFAS were intentionally added to the product or product 7
component; 8
(2) whether a commercial chemical product contains PFAS; 9
(3) how PFAS were used in the development of the product or product 10
component; and 11
(4) any additional information reasonably necessary for the 12
manufacturer to ensure compliance with this chapter. 13
(b) A supplier shall have 60 days from the date the manufacturer sends the 14
request for a certification to respond to the request. The manufacturer and 15
supplier may agree to an extension of time in writing. A supplier who needs to 16
send a request for a certification to their suppliers shall respond on or before 17
180 days from the date that the original request was sent, unless otherwise 18
agreed to with the original requestor in writing. 19 BILL AS INTRODUCED H.238
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(c) Any supplier providing a certification under this section may require the 1
recipient to agree not to disclose information, except to the State of Vermont, 2
that is confidential under 1 V.S.A. § 317(c). 3
(d) A manufacturer may sue a supplier for failure to provide a certificate 4
under this section. A supplier may be liable for actual and consequential 5
damages as a result of its failure to provide a certificate under this section. A 6
manufacturer who prevails in a suit under this section shall be entitled to 7
reasonable attorney’s fees. 8
(e) A supplier’s failure to comply with this section is deemed to be a 9
violation of 9 V.S.A. § 2453. 10
§ 7607. RULEMAKING 11
The Secretary may adopt rules to implement this chapter. 12
§ 7608. ENFORCEMENT 13
In addition to the enforcement authority under chapters 201 and 211 of this 14
title, a violation of this chapter is deemed to be a violation of 9 V.S.A. § 2453. 15
Sec. 2. 10 V.S.A. § 8003 is amended to read: 16
§ 8003. APPLICABILITY 17
(a) The Secretary may take action under this chapter to enforce the 18
following statutes and rules, permits, assurances, or orders implementing the 19
following statutes, and the Board may take such action with respect to 20
subdivision (10) of this subsection: 21 BILL AS INTRODUCED H.238
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* * * 1
(32) 10 V.S.A. chapter 164B, relating to collection and management of 2
covered household hazardous products; and 3
(33) 10 V.S.A. chapter 24A relating to the Climate Superfund Cost 4
Recovery Program; and 5
(34) 10 V.S.A. chapter 169, relating to the phaseout of PFAS-added 6
consumer products. 7
* * * 8
Sec. 3. 10 V.S.A. § 8503 is amended to read: 9
§ 8503. APPLICABILITY 10
(a) This chapter shall govern all appeals of an act or decision of the 11
Secretary, excluding enforcement actions under chapters 201 and 211 of this 12
title and rulemaking, under the following authorities and under the rules 13
adopted under those authorities: 14
(1) The following provisions of this title: 15
* * * 16
(V) chapter 124 (trade in covered animal parts or products); and 17
(W) chapter 164B (collection and management of covered household 18
hazardous products); and 19
(X) chapter 169 (phaseout of PFAS-added consumer products). 20
* * * 21 BILL AS INTRODUCED H.238
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Sec. 4. 9 V.S.A. § 2494b is amended to read: 1
§ 2494b. PROHIBITED CHEMICALS IN COSMETIC AND MENSTRUAL 2
PRODUCTS 3
(a) A manufacturer shall not manufacture, sell, offer for sale, distribute for 4
sale, or distribute for use in this State any cosmetic or menstrual product to 5
which the following chemicals or chemical classes have been intentionally 6
added in any amount: 7
(1) ortho-phthalates; 8
(2) PFAS; [Repealed.] 9
(3) formaldehyde (CAS 50-00-0); 10
(4) methylene glycol (CAS 463-57-0); 11
(5) mercury and mercury compounds (CAS 7439-97-6); 12
(6) 1, 4-dioxane (CAS 123-91-1); 13
(7) isopropylparaben (CAS 4191-73-5); 14
(8) isobutylparaben (CAS 4247-02-3); 15
(9) lead and lead compounds (CAS 7439-92-1); 16
(10) asbestos; 17
(11) triclosan (CAS 3380-34-5); 18
(12) m-phenylenediamine and its salts (CAS 108-42-5); 19
(13) o-phenylenediamine and its salts (CAS 95-54-5); and 20
(14) quaternium-15 (CAS 51229-78-8). 21 BILL AS INTRODUCED H.238
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* * * 1
Sec. 5. 9 V.S.A. chapter 63, subchapter 12C is amended to read: 2
Subchapter 12C. Chemicals of Concern in Food Packaging 3
§ 2494w. DEFINITIONS 4
As used in this subchapter: 5
* * * 6
(8) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a 7
class of fluorinated organic chemicals containing at least one fully fluorinated 8
carbon atom. [Repealed.] 9
§ 2494x. FOOD PACKAGING 10
(a) A manufacturer shall not manufacture, sell, offer for sale, distribute for 11
sale, or distribute for use in this State a food package to which PFAS have 12
been intentionally added and are present in any amount. [Repealed.] 13
* * * 14
Sec. 6. REPEAL 15
9 V.S.A. chapter 63, subchapter 12a (PFAS in consumer products) and 16
subchapter 12b (PFAS in firefighting agents and equipment) are repealed. 17
Sec. 7. REPORTS 18
(a) On or before January 15, 2032, the Secretary of Natural Resources shall 19
provide a recommendation to the House Committees on Human Services and 20
on Environment and Energy and the Senate Committees on Health and Welfare 21 BILL AS INTRODUCED H.238
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and on Natural Resources and Energy on how to address PFAS in complex 1
durable goods. 2
(b) On or before January 15, 2033, the Secretary of Agriculture, Food and 3
Markets shall provide a recommendation to the House Committees on Human 4
Services and on Environment and Energy and the Senate Committees on 5
Health and Welfare and on Natural Resources and Energy on how to address 6
PFAS in food. 7
Sec. 8. EFFECTIVE DATES 8
(a) This act shall take effect on July 1, 2028. 9