Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.544
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                                      H.544
 Introduced by Representatives Labor of Morgan, Page of Newport City,
                Anthony of Barre City, Berbeco of Winooski, Bos-Lun of
                Westminster, Brumsted of Shelburne, Campbell of St.
                Johnsbury, Christie of Hartford, Dodge of Essex, Dolan of
                Essex Junction, Dolan of Waitsfield, Donahue of Northfield,
                Farlice-Rubio of Barnet, Galfetti of Barre Town, Gregoire of
                Fairfield, Hango of Berkshire, Holcombe of Norwich,
                LaBounty of Lyndon, Lalley of Shelburne, McCann of
                Montpelier, McGill of Bridport, Morrissey of Bennington,
                Pouech of Hinesburg, Priestley of Bradford, Rice of Dorset,
                Sims of Craftsbury, Templeman of Brownington, Torre of
                Moretown, and Wilson of Lyndon
 Referred to Committee on
 Date:
 Subject: Health; public health; chemicals; perfluoroalkyl and polyfluoroalkyl
          substances
 Statement of purpose of bill as introduced: This bill proposes to prohibit in the
 short-term the manufacture, sale, and distribution in Vermont of cosmetic and
 menstrual products containing certain chemicals and chemical classes, textiles
 containing perfluoroalkyl and polyfluoroalkyl substances, and athletic turf VT LEG #372527 v.1
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 fields containing perfluoroalkyl and polyfluoroalkyl substances. In the longer
 term, it further proposes to prohibit the manufacture, sale, and distribution in
 Vermont of any product containing perfluoroalkyl and polyfluoroalkyl
 substances if the use of perfluoroalkyl and polyfluoroalkyl substances is
 deemed a currently unavoidable use.
    An act relating to regulating products containing perfluoroalkyl and
    polyfluoroalkyl substances
 It is hereby enacted by the General Assembly of the State of Vermont:
           * * * Chemicals in Cosmetic and Menstrual Products * * *
 Sec. 1. 18 V.S.A. chapter 33B is added to read:
     CHAPTER 33B. CHEMICALS IN COSMETIC AND MENSTRUAL
                                   PRODUCTS
 § 1676. DEFINITIONS
    As used in this chapter:
       (1) “Bisphenols” means any member of a class of industrial chemicals
 that contain two hydroxyphenyl groups. Bisphenols are used primarily in the
 manufacture of polycarbonate plastic and epoxy resins.
       (2) “Cosmetic product” means articles or a component of articles
 intended to be rubbed; poured; sprinkled; or sprayed on, introduced into, or
 otherwise applied to the human body or any part thereof for cleansing,
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 promoting attractiveness, or improving or altering appearance, including those
 intended for use by professionals. “Cosmetic product” does not mean soap,
 dietary supplements, or food and drugs approved by the U.S. Food and Drug
 Administration.
       (3) “Formaldehyde-releasing agent” means a chemical that releases
 formaldehyde.
       (4) “Intentionally added” means the addition of a chemical in a product
 that serves an intended function in the product component.
       (5) “Manufacturer” means any person, firm, association, partnership,
 corporation, organization, joint venture, importer, or domestic distributor of a
 cosmetic or menstrual product. As used in this subdivision, “importer” means
 the owner of the product.
       (6) “Menstrual product” means a product used to collect menstruation
 and vaginal discharge, including tampons, pads, sponges, menstruation
 underwear, disks, applicators, and menstrual cups, whether disposable or
 reusable.
       (7) “Ortho-phthalates” means any member of the class of organic
 chemicals that are esters of phthalic acid containing two carbon chains located
 in the ortho position.
       (8) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a
 class of fluorinated organic chemicals containing at least one fully fluorinated VT LEG #372527 v.1
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 carbon atom.
       (9) “Professional” means a person granted a license pursuant to
 26 V.S.A. chapter 6 to practice in the field of barbering, cosmetology,
 manicuring, or esthetics.
 § 1677. PROHIBITED CHEMICALS IN COSMETIC AND MENSTRUAL
           PRODUCTS
    (a) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State any cosmetic
 or menstrual product to which the following chemicals or chemical classes
 have been intentionally added in any amount:
       (1) ortho-phthalates;
       (2) PFAS;
       (3) formaldehyde (CAS 50-00-0) and formaldehyde releasing agents;
       (4) methylene glycol (CAS 463-57-0);
       (5) mercury and mercury compounds (CAS 7439-97-6);
       (6) 1, 4-dioxane (CAS 123-91-1);
       (7) isopropylparaben (CAS 4191-73-5);
       (8) isobutylparaben (CAS 4247-02-3);
       (9) lead and lead compounds (CAS 7439-92-1);
       (10) asbestos;
       (11) aluminum salts;
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       (12) triclosan (CAS 3380-34-5);
       (13) m-phenylenediamine and its salts (CAS 108-42-5); and
       (14) o-phenylenediamine and its salts (CAS 95-54-5).
    (b) A cosmetic or menstrual product made through manufacturing
 processes intended to comply with this chapter and containing a technically
 unavoidable trace quantity of a chemical or chemical class listed in subsection
 (a) of this section shall not be in violation of this chapter on account of the
 trace quantity where it is the result of:
       (1) natural or synthetic ingredients;
       (2) the manufacturing process;
       (3) storage; or
       (4) migration from packaging.
    (c) The manufacturer of a cosmetic or menstrual product containing 1,4
 dioxane, lead, lead compounds, or any combination of these chemicals may
 apply to the Department of Health for a one-year waiver from subsection (a) of
 this section. The Department shall only approve a waiver application in which
 the manufacturer submits evidence that the manufacturer has taken steps to
 reduce the presence of 1,4 dioxane, lead, lead compounds, or any combination
 of these chemicals in the cosmetic or menstrual product and is still unable to
 comply with subsection (a) of this section. The Department shall not approve
 more than two one-year waiver applications for a particular product.
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 § 1678. PENALTIES
    (a) A violation of this chapter shall be deemed a violation of the Consumer
 Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same
 authority to make rules, conduct civil investigations, enter into assurances of
 discontinuance, and bring civil actions, and private parties have the same rights
 and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
    (b) Nothing in this section shall be construed to preclude or supplant any
 other statutory or common law remedies.
 Sec. 2. COMMUNITY ENGAGEMENT PLAN
    On or before December 1, 2025, the Department of Health shall develop,
 adopt, and submit a community engagement plan to the Senate Committee on
 Health and Welfare and to the House Committee on Human Services related to
 the enactment of 18 V.S.A. chapter 33B. The community engagement plan
 shall:
          (1) identify cosmetic products marketed to individuals who are Black,
 Indigenous, or Persons of Color that contain potentially harmful ingredients;
          (2) direct outreach to provide culturally appropriate education
 concerning harmful ingredients used in cultural and other cosmetic products,
 prioritizing engagement with vulnerable populations;
          (3) make recommendations for priority chemicals or products to be
 regulated; and VT LEG #372527 v.1
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       (4) include methods for outreach and communication with those who
 face barriers to participation, such as language.
                           * * * PFAS in Textiles * * *
 Sec. 3. 18 V.S.A. chapter 33C is redesignated and amended to read:
          CHAPTER 33C 33D. PFAS IN SKI WAX AND TEXTILES
 § 1691. DEFINITIONS
    As used in this chapter:
       (1) “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, diapers, footwear, and everyday uniforms for
 workwear. “Clothing items intended for regular wear or formal occasions”
 does not include clothing items for exclusive use by the U.S. Armed Forces,
 outdoor apparel for severe wet conditions, or personal protective equipment.
          (B) Outdoor apparel.
       (2) “Department” means the Department of Health.
       (2)(3) “Intentionally added” means the addition of a chemical in a
 product that serves an intended function in the product component.
       (4) “Outdoor apparel” means clothing items intended primarily for VT LEG #372527 v.1
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 outdoor activities, including hiking, camping, skiing, climbing, bicycling, and
 fishing.
       (5) “Outdoor apparel for severe wet conditions” means outdoor clothing
 items that are extreme and extended use products designed for outdoor sports
 experts for applications that provide protection against extended exposure to
 extreme rain conditions or against extended immersion in water or wet
 conditions, such as from snow, in order to protect the health and safety of the
 user and that are not marketed for general consumer use. Examples of extreme
 and extended use products include outerwear for offshore fishing, offshore
 sailing, whitewater kayaking, and mountaineering.
       (3)(6) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has
 the same meaning as in section 1661 of this title.
       (7) “Personal protective equipment” has the same meaning as in section
 1661 of this title.
       (8) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or
 “regulated PFAS” means:
            (A) PFAS that a manufacturer has intentionally added to a product
 and that have a functional or technical effect in the product, including PFAS
 components of intentionally added chemicals and PFAS that are intentional
 breakdown products of an added chemical that also have a functional or
 technical effect in the product; or VT LEG #372527 v.1
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          (B) the presence of PFAS in a product or product component at or
 above 100 parts per million, as measured in total organic fluorine.
       (4)(9) “Ski wax” means a lubricant applied to the bottom of snow
 runners, including skis and snowboards, to improve their grip and glide
 properties.
       (10) “Textile” means any item made in whole or part from a natural,
 manmade, or synthetic fiber, yarn, or fabric and includes leather, cotton, silk,
 jute, hemp, wool, viscose, nylon, or polyester. “Textile” does not include
 single-use paper hygiene products, including toilet paper, paper towels, tissues,
 or single-use absorbent hygiene products.
       (11) “Textile articles” means textile goods of a type customarily and
 ordinarily used in households and businesses and includes apparel, accessories,
 handbags, backpacks, draperies, shower curtains, furnishings, upholstery,
 bedding, towels, napkins, and tablecloths. “Textile articles” does not include:
          (A) a vehicle, as defined in 1 U.S.C. § 4, or its component parts;
          (B) a vessel, as defined in 1 U.S.C. § 3, or its component parts;
          (C) an aircraft, as defined in 49 U.S.C. § 40102(a)(6), or its
 component parts;
          (D) filtration media and filter products used in industrial applications,
 including chemical or pharmaceutical manufacturing and environmental
 control technologies; and VT LEG #372527 v.1
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           (E) textile articles used for laboratory analysis and testing.
 § 1692. SKI WAX
    (a) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State ski wax or
 related tuning products to which PFAS have been intentionally added in any
 amount.
    (b) This section shall not apply to the sale or resale of used products.
 § 1692a. TEXTILES
    (a) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State a textile or
 textile article to which regulated PFAS have been intentionally added in any
 amount.
    (b) This section shall not apply to the sale or resale of used products.
 § 1693. CERTIFICATE OF COMPLIANCE
    The Attorney General may request a certificate of compliance from a
 manufacturer of ski wax, textiles, or textile articles. Within 30 days after
 receipt of the Attorney General’s request for a certificate of compliance, the
 manufacturer shall:
       (1) provide the Attorney General with a certificate attesting that the
 manufacturer’s product or products comply with the requirements of this
 chapter; or VT LEG #372527 v.1
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       (2) notify persons who are selling a product of the manufacturer’s in this
 State that the sale is prohibited because the product does not comply with this
 chapter and submit to the Attorney General a list of the names and addresses of
 those persons notified.
 § 1694. RULEMAKING
    Pursuant to 3 V.S.A. chapter 25, the Commissioner shall adopt any rules
 necessary for the implementation, administration, and enforcement of this
 chapter.
 § 1695. PENALTIES
    (a) A violation of this chapter shall be deemed a violation of the Consumer
 Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same
 authority to make rules, conduct civil investigations, enter into assurances of
 discontinuance, and bring civil actions, and private parties have the same rights
 and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
    (b) Nothing in this section shall be construed to preclude or supplant any
 other statutory or common law remedies.
 Sec. 4. 18 V.S.A. § 1691(8) is amended to read:
       (8) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or
 “regulated PFAS” means:
            (A) PFAS that a manufacturer has intentionally added to a product
 and that have a functional or technical effect in the product, including PFAS
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 components of intentionally added chemicals and PFAS that are intentional
 breakdown products of an added chemical that also have a functional or
 technical effect in the product; or
          (B) the presence of PFAS in a product or product component at or
 above 100 50 parts per million, as measured in total organic fluorine.
 Sec. 5. 18 V.S.A. § 1691 is amended to read:
 § 1691. DEFINITIONS
    As used in this chapter:
       (1) “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, athleti