Act No. 131 Page 1 of 2
2024
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 131 (S.25). An act relating to regulating consumer products containing
perfluoroalkyl and polyfluoroalkyl substances or other chemicals
Subjects: Health; public health; chemicals; PFAS; cosmetic products; artificial
turf; menstrual products; textiles; juvenile products; cookware
Sec. 1 establishes a new subchapter in 9 V.S.A. chapter 63 that prohibits a
manufacturer from selling, offering for sale, distributing for sale, or distributing for use in
this State any cosmetic or menstrual product containing certain chemicals or chemical
classes, including perfluoroalkyl and polyfluoroalkyl substances (PFAS). It prohibits a
manufacturer from knowingly selling, offering for sale, distributing for sale, or
distributing for use in this State any cosmetic or menstrual product containing 1,4,
dioxane at or exceeding 10 ppm and authorizes the Department of Health to adopt rules
prohibiting a manufacturer from selling, offering for sale, distributing for sale, or
distributing for use in this State any cosmetic or menstrual product containing
intentionally added formaldehyde-releasing agents.
Sec. 2 adds three additional regulated chemicals to those listed in Sec. 1 of the act,
effective July 1, 2027. It further prohibits a manufacturer from knowingly selling,
offering for sale, distributing for sale, or distributing for use in this State any cosmetic or
menstrual product containing lead or lead compounds at or exceeding 10 ppm.
Sec. 3 establishes a new subchapter in 9 V.S.A. chapter 63 regulating the sale and
distribution of various consumer products containing PFAS. Several of the consumer
products regulated under the new subchapter were historically regulated under existing
State law and this act recodifies those provisions from Title 18 to Title 9 (e.g., rugs,
carpets, aftermarket stain and water resistant treatment, and ski wax). This section
imposes restrictions on the sale and distribution of previously unregulated consumer
products containing PFAS, including artificial turf, incontinency products, juvenile
products, cookware, and textiles.
Sec. 4 amends the definition of “apparel” to include “outdoor apparel for severe wet
conditions” in 9 V.S.A. § 2494e(2), effective July 1, 2028. Sec. 5 amends the definition
of “regulated PFAS” in 9 V.S.A. § 2494e(15) to replace “100” ppm with “50” ppm,
effective July 1, 2027.
Sec. 6 recodifies in Title 9, with some modifications, statutes pertaining to PFAS in
firefighting agents and equipment. Similarly, Sec. 7 recodifies in Title 9, with some
modifications, statutes pertaining to chemicals of concern in food packaging.
Sec. 8 directs the Department of Health to submit a community engagement plan to
the General Assembly related to the regulation of chemicals in cosmetic and menstrual
products. The plan must provide education to the general public and address the unique
impact of regulated products in marginalized communities by providing use of language
access services, participant compensation, and other resources supporting equitable
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opportunities for participation. The plan must also outline the methodology and costs to
conduct outreach for the purposes of identifying cosmetics of concern, including those
marketed to or utilized by marginalized communities; conduct research on the prevalence
of harmful ingredients within cosmetic products; and create culturally appropriate public
health awareness campaigns.
Sec. 9 directs the Agency of Natural Resources to propose a program requiring the
State to identify and restrict the sale and distribution of consumer products containing
PFAS that could impact public health and the environment. Specifically, the proposed
program shall include a process by which manufacturers determine whether a consumer
product contains PFAS and how that information is communicated to the State; address
how information about the presence or lack of PFAS in a consumer product is conveyed
to the public; describe which State entity is responsible for administration of the proposed
program; propose a public service announcement and website content about the public
health risk of PFAS exposure; and provide recommendations for the regulation of PFAS
within consumer products that use recycled materials.
Sec. 10 repeals various provisions from Title 18 on the date on which similar
provisions are enacted in Title 9.
Sec. 11 specifies that if, upon a manufacturer’s showing, the Office of the Attorney
General (AGO) determines that it is not feasible to produce a particular consumer product
regulated in this act by the relevant effective date, the Attorney General may postpone the
compliance date for up to one year. If the Attorney General postpones a compliance date,
the AGO shall post notification of the postponement on its website.
Sec. 12 directs the Department of Health to observe and evaluate Washington’s
experience of implementing a one part per million limit on the presence of lead in
cosmetic products and present the Department’s findings to the relevant standing
committees of the General Assembly.
Multiple effective dates, beginning on July 1, 2024
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Statutes affected:
As Introduced: 18-33C
As Passed By the Senate -- Official: 18-33C, 18-1691(8), 18-1691
As Passed By the Senate -- Unofficial: 18-33C, 18-1691(8), 18-1691
As Passed by Both House and Senate -- Official: 18-33C, 18-1691(8), 18-1691, 9-2494b, 9-2494e(3), 9-2494e, 9-2494e(15)
As Passed by Both House and Senate -- Unofficial: 9-2494b, 9-2494e(3), 9-2494e, 9-2494e(15)
As Enacted: 9-2494b, 9-2494e(3), 9-2494e, 9-2494e(15)
Senate proposal of amendment to House proposal of amendment Official: 9-2494b, 9-2494e(3), 9-2494e, 9-2494e(15)
Senate proposal of amendment to House proposal of amendment Unofficial: 9-2494b, 9-2494e(3), 9-2494e, 9-2494e(15)