Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                          H.26
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                                       H.26
 Introduced by Representatives Dolan of Waitsfield, Squirrell of Underhill,
                Lefebvre of Newark, McCullough of Williston, Ode of
                Burlington, and Sheldon of Middlebury
 Referred to Committee on
 Date:
 Subject: Health; public health; perfluoroalkyl and polyfluoroalkyl substances;
          class B firefighting foam; food packaging; rugs and carpets
 Statement of purpose of bill as introduced: This bill proposes to: (1) impose
 restrictions on the use, manufacture, sale, and distribution of class B
 firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances;
 (2) impose restrictions on the manufacture, sale, and distribution of food
 packaging to which perfluoroalkyl and polyfluoroalkyl substances, phthalates,
 or bisphenols have been added; (3) impose restrictions on the manufacture,
 sale, and distribution of residential rugs and carpets to which perfluoroalkyl
 and polyfluoroalkyl substances have been added; and (4) include
 perfluoroalkyl and polyfluoroalkyl substances on the list of chemicals of high
 concern to children.
    An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl
    substances and other chemicals of concern in consumer products VT LEG #351608 v.1
     BILL AS INTRODUCED                                                           H.26
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 It is hereby enacted by the General Assembly of the State of Vermont:
                  * * * PFAS in Class B Firefighting Foam * * *
 Sec. 1. 18 V.S.A. chapter 33 is added to read:
        CHAPTER 33. FIREFIGHTING AGENTS AND EQUIPMENT
 § 1661. DEFINITIONS
    As used in this chapter:
       (1) “Class B firefighting foam” means chemical foams designed for
 flammable liquid fires.
       (2) “Department” means the Vermont Department of Health.
       (3) “Personal protective equipment” means clothing designed, intended,
 or marketed to be worn by firefighting personnel in the performance of their
 duties, designed with the intent for use in fire and rescue activities, and
 includes jackets, pants, shoes, gloves, helmets, and respiratory equipment.
       (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
 firefighting agents or equipment. As used in this subsection, “importer” means
 the owner of the product.
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       (6) “Municipality” means any city, town, incorporated village, town fire
 district, or other political subdivision that provides firefighting services
 pursuant to general law or municipal charter.
       (7) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a
 class of fluorinated organic chemicals containing at least one fully fluorinated
 carbon atom.
 § 1662. PROHIBITION OF CERTAIN CLASS B FIREFIGHTING FOAM
    A person, municipality, or State agency shall not discharge or otherwise use
 for training purposes class B firefighting foam that contains intentionally
 added PFAS.
 § 1663. RESTRICTION ON MANUFACTURE, SALE, AND
          DISTRIBUTION; EXCEPTIONS
    (a) A manufacturer of class B firefighting foam shall not manufacture, sell,
 offer for sale, or distribute for sale or use in this State class B firefighting foam
 to which PFAS have been intentionally added.
    (b) Notwithstanding subsection (a) of this section, any manufacture, sale,
 or distribution of class B firefighting foam where the inclusion of PFAS is
 required by federal law, including the requirements of 14 C.F.R. 139.317
 (aircraft rescue and firefighting: equipment and agents), as that section existed
 as of January 1, 2020, is allowed. In the event that applicable federal
 regulations change after that date to allow the use of alternative firefighting VT LEG #351608 v.1
     BILL AS INTRODUCED                                                             H.26
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 agents that do not contain PFAS, the Department shall adopt rules that restrict
 PFAS for the manufacture, sale, and distribution of firefighting foam for uses
 that are addressed by federal regulation.
 § 1664. SALE OF PERSONAL PROTECTIVE EQUIPMENT
            CONTAINING PFAS
    (a) A manufacturer or other person that sells firefighting equipment to any
 person, municipality, or State agency shall provide written notice to the
 purchaser at the time of sale if the personal protective equipment contains
 PFAS. The written notice shall include a statement that the personal protective
 equipment contains PFAS and the reason PFAS are added to the equipment.
    (b) The manufacturer or person selling personal protective equipment and
 the purchaser of the personal protective equipment shall retain the notice for at
 least three years from the date of the transaction. Upon request of the
 Department, a person, manufacturer, or purchaser shall furnish the notice or
 written copies and associated sales documentation to the Department within
 60 days.
 § 1665. NOTIFICATION; RECALL OF PROHIBITED PRODUCTS
    (a) A manufacturer of class B firefighting foam prohibited pursuant to
 section 1663 of this title shall notify, in writing, persons that sell the
 manufacturer’s products in this State about the provisions of this chapter not
 less than one year prior to the effective date of the restrictions.
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    (b) A manufacturer that produces, sells, or distributes a class B firefighting
 foam prohibited pursuant to section 1663 of this title shall recall the product
 and reimburse the retailer or any other purchaser for the product.
 § 1666. CERTIFICATE OF COMPLIANCE
    (a) The Department may request a certificate of compliance from a
 manufacturer of class B firefighting foam or firefighting personal protective
 equipment. A certificate of compliance attests that a manufacturer’s product or
 products meet the requirements of this chapter.
    (b) The Department shall assist other State agencies and municipalities to
 avoid purchasing or using class B firefighting foams to which PFAS have been
 intentionally added. The Department shall assist other State agencies, town
 fire districts, and other municipalities to give priority and preference to the
 purchase of personal protective equipment that does not contain PFAS.
 § 1667. PENALTIES
    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.
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     BILL AS INTRODUCED                                                           H.26
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        * * * PFAS, Phthalates, and Bisphenols in Food Packaging * * *
 Sec. 2. 18 V.S.A. chapter 33A is added to read:
   CHAPTER 33A. CHEMICALS OF CONCERN IN FOOD PACKAGING
 § 1671. DEFINITIONS
    As used in this chapter:
       (1) “Bisphenols” means industrial chemicals used primarily in the
 manufacture of polycarbonate plastic and epoxy resins.
       (2) “Department” means the Department of Health.
       (3) “Food packaging” means a package that is designed for direct food
 contact, including a food or beverage product that is contained in a food
 package or to which a food package is applied, a packaging component of a
 food package, and plastic disposable gloves used in commercial or institutional
 food service.
       (4) “Intentionally added” means the addition of a chemical in a product
 that serves an intended function in the product component.
       (5) “Package” means a container providing a means of marketing,
 protecting, or handling a product and shall include a unit package, an
 intermediate package, and a shipping container. “Package” also means
 unsealed receptacles, such as carrying cases, crates, cups, pails, rigid foil and
 other trays, wrappers and wrapping films, bags, and tubs.
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       (6) “Packaging component” means an individual assembled part of a
 package, such as any interior or exterior blocking, bracing, cushioning,
 weatherproofing, exterior strapping, coatings, closures, inks, and labels.
       (7) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the
 same meaning as in section 1661 of this title.
       (8) “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.
 § 1672. FOOD PACKAGING
    (a) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State a food
 package to which PFAS have been intentionally added in any amount.
    (b) Pursuant to 3 V.S.A. chapter 25, the Department may adopt rules
 prohibiting a manufacturer, supplier, or distributor from selling or offering for
 sale or for promotional distribution a food package or the packaging
 component of a food package to which bisphenols have been intentionally
 added in any amount greater than an incidental presence.
       (1) The Department may only prohibit a manufacturer, supplier, or
 distributor from selling or offering for sale or for promotional distribution a
 food package or the packaging component of a food package in accordance
 with this subsection if the Department has determined that a safer alternative is
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     BILL AS INTRODUCED                                                              H.26
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 readily available in sufficient quantity and at a comparable cost and that the
 safer alternative performs as well as or better than bisphenols in a specific
 application of bisphenols to a food package or the packaging component of a
 food package.
       (2) If the Department prohibits a manufacturer, supplier, or distributor
 from selling or offering for sale or for promotional distribution a food package
 or the packaging component of a food package in accordance with this
 subsection, the prohibition shall not take effect until two years after the
 Department determines that a safer alternative to bisphenols is available.
    (c) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State a food
 package that includes inks, dyes, pigments, adhesives, stabilizers, coatings,
 plasticizers, or any other additives to which phthalates have been intentionally
 added in any amount greater than an incidental presence.
    (d) This section shall not apply to the sale or resale of used products.
 § 1673. CERTIFICATE OF COMPLIANCE
    A manufacturer subject to the prohibitions under this chapter shall develop
 a certificate of compliance under this section. A certificate of compliance
 attests that a manufacturer’s product or products meet the requirements of this
 chapter. If the Department requests such a certificate, the manufacturer shall
 provide the certificate within 30 calendar days after the request is made.
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 § 1674. RULEMAKING
    Pursuant to 3 V.S.A. chapter 25, the Commissioner of Health shall adopt
 any rules necessary for the implementation, administration, and enforcement of
 this chapter.
                             * * * Rugs and Carpets * * *
 Sec. 3. 18 V.S.A. chapter 33B is added to read:
                     CHAPTER 33B. RUGS AND CARPETS
 § 1681. DEFINITIONS
    As used in this chapter:
       (1) “Department” means the Department of Health.
       (2) “Intentionally added” means the addition of a chemical in a product
 that serves an intended function in the product component.
       (3) “Rug or carpet” means a thick fabric used to cover floors.
       (4) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the
 same meaning as in section 1661 of this title.
 § 1682. RUGS AND CARPETS
    (a) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State a residential
 rug or carpet to which PFAS have been intentionally added in any amount.
    (b) This section shall not apply to the sale or resale of used products.
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     BILL AS INTRODUCED                                                          H.26
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 § 1683. CERTIFICATE OF COMPLIANCE
    A manufacturer subject to the prohibitions under this chapter shall develop
 a certificate of compliance under this section. A certificate of compliance
 attests that a manufacturer’s product or products meet the requirements of this
 chapter. If the Department requests such a certificate, the manufacturer shall
 provide the certificate within 30 calendar days after the request is made.
 § 1684. 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.
                 * * * Chemicals of High Concern to Children * * *
 Sec. 4. 18 V.S.A. § 1773 is amended to read:
 § 1773. CHEMICALS OF HIGH CONCERN TO CHILDREN
    (a) List of chemicals of high concern to children. The following chemicals
 or a member of a class of chemicals are designated as chemicals of high
 concern to children for the purposes of the requirements of this chapter:
                                        ***
         (67) Perfluoroalkyl and polyfluoroalkyl substances, the class for
 fluorinated organic chemicals containing at least one fully fluorinated carbon
 atom.
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       (68) Any other chemical designated by the Commissioner as a chemical
 of high concern to children by rule under section 1776 of this title.
                                       ***
                            * * * Effective Dates * * *
 Sec. 5. EFFECTIVE DATES
    This act shall take effect on July 1, 2021, except Secs. 1 (Class B
 Firefighting Foam) and 4 (Chemicals of High Concern to Children) shall take
 effect on July 1, 2022 and Secs. 2 (Food Packaging) and 3 (Rugs and Carpets)
 shall take effect on July 1, 2023.
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Statutes affected: 
As Introduced: 18-1773