Bill H.238 seeks to phase out and ultimately ban the manufacture, sale, or distribution of consumer products containing added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in Vermont. It introduces a new chapter in the Vermont Statutes, Chapter 169, which defines PFAS and the affected products. The bill grants enforcement authority to the Secretary of Natural Resources and the Attorney General, with a focus on consumer protection. Consumers harmed by PFAS products will have the right to seek legal recourse for damages. Exemptions are provided for products regulated by federal law, those with at least 50% recycled content, and items manufactured before the phaseout begins.

The legislation outlines specific requirements for various products, including a prohibition on PFAS in firefighting foam, artificial turf, carpets, cookware, and personal care items. Manufacturers of apparel textiles must ensure their products do not exceed total organic fluorine concentrations of 50 parts per million. Additionally, sellers of personal protective equipment must notify purchasers if PFAS are present, retaining this notice for three years. The bill establishes compliance and enforcement mechanisms, including the requirement for manufacturers to provide certificates of compliance and the ability to take legal action against non-compliant suppliers. It repeals previous PFAS regulations and mandates reports from state secretaries on PFAS in durable goods and food, with the act set to take effect on July 1, 2028.

Statutes affected:
As Introduced: 10-8003, 10-8503, 9-2494b, 9-63, 9-12C