Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.152
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                                      H.152
 Introduced by Representatives Dolan of Waitsfield, Whitman of Bennington,
                Ode of Burlington, Roberts of Halifax, and Small of Winooski
 Referred to Committee on
 Date:
 Subject: Health; public health; chemicals; cosmetic products; apparel;
          cookware; paper products; pesticides
 Statement of purpose of bill as introduced: This bill proposes to prohibit the
 manufacture, sale, and distribution in Vermont of apparel, cookware, paper
 products, and pesticides containing PFAS by 2024. It also proposes to prohibit
 the manufacture, sale, and distribution in Vermont of cosmetic products
 containing certain chemicals and chemical classes by 2026. This bill proposes
 to prohibit the manufacture, sale, and distribution of all products containing
 PFAS by 2030.
    An act relating to regulating products containing certain chemicals and
    chemical classes
 It is hereby enacted by the General Assembly of the State of Vermont:
   * * * Prohibits Certain PFAS in Pesticides Effective January 1, 2024 * * *
 Sec. 1. 6 V.S.A. § 1101 is amended to read:
 § 1101. DEFINITIONS
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    As used in this chapter unless the context clearly requires otherwise:
        (1) “Secretary” shall have has the meaning stated in subdivision 911(4)
 of this title.
        (2) “Cumulative,” when used in reference to a substance, means that the
 substance so designated has been demonstrated to increase twofold or more in
 concentration if ingested or absorbed by successive life forms.
        (3) “Dealer or pesticide dealer” means any person who regularly sells
 pesticides in the course of business, but not including a casual sale.
        (4) “Economic poison” shall have has the meaning stated in subdivision
 911(5) of this title.
        (5) “Pest” means any insect, rodent, nematode, fungus, weed, or any
 other form of terrestrial or aquatic plant or animal life or virus, bacteria, or
 other microorganisms, which that the Secretary declares as being injurious to
 health or environment. Pest shall does not mean any viruses, bacteria, or other
 microorganisms on or in living humans or other living animals.
        (6) “Pesticide,” for the purposes of this chapter shall be, is used
 interchangeably with “economic poison.”
        (7) “Treated article” means a pesticide or class of pesticides exempt
 under 40 C.F.R. § 152.25(a) from regulation under the Federal Insecticide,
 Fungicide, and Rodenticide Act, 7 U.S.C. § 136–136y.
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         (8) “Neonicotinoid pesticide” means any economic poison containing a
 chemical belonging to the neonicotinoid class of chemicals.
         (9) “Neonicotinoid treated article seeds” are means treated article seeds
 that are treated or coated with a neonicotinoid pesticide.
         (10) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means
 a class of organic chemicals containing at least one fully fluorinated carbon
 atom.
         (11) “Intentionally added” means the addition of a chemical in a product
 that serves an intended function in the product component.
 Sec. 2. 6 V.S.A. § 1114 is added to read:
 § 1114. PERFLUOROALKYL AND POLYFLUOROALKYL
           SUBSTANCES IN PESTICIDES
    (a)(1) A person shall not sell, offer for sale, use, or distribute in the State a
 pesticide that has been adulterated in an amount exceeding 20 ppt by the
 following PFAS substances:
            (A) perfluoroheptanoic acid (PFHpA);
            (B) perfluorohexane sulfonic acid (PFHxS);
            (C) perfluorononanoic acid (PFNA);
            (D) perfluorooctane sulfonic acid (PFOS);
            (E) perfluorooctanic acid (PFOA); and
            (F) perfluorodecanoic acid (PFDA).
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       (2) The pesticide shall not contain the PFAS listed in this subsection as
 an active, inactive, or inert ingredient.
    (b) Pesticides that do not contain PFAS as an intentionally added ingredient
 and that have been packaged within a fluorinated, high-density polyethylene
 container shall be tested for PFAS prior to sale, offer for sale, or distribution in
 the State. A pesticide that has been adulterated by PFAS from chemicals
 leached from the container in an amount exceeding 20 ppt is prohibited from
 sale, offer for sale, use, or distribution in the State.
    (c) Manufacturers and distributors of pesticides shall submit a confidential
 statement of formula for each pesticide or pesticide product registered with the
 State and an affidavit to the Secretary. The statement of formula and the
 affidavit are exempt from public inspection and copying under the Public
 Records Act and shall be kept confidential.
    (d) The manufacturers and distributors required to submit forms under
 subsection (c) of this section shall submit the forms during the product
 registration review or during reregistration pursuant to 6 V.S.A. § 918. The
 affidavit shall state whether a pesticide has ever been stored, distributed, or
 packaged in a fluorinated high-density polyethylene container and whether the
 pesticide has been tested for PFAS.
    (e) The Secretary shall specify the format for submission of the notice
 required. Any notice submitted shall contain the following information:
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       (1) the name of the intentionally added chemicals in the pesticide
 registered with the U.S. Environmental Protection Agency;
       (2) a description of the product or product component containing the
 PFAS, including the brand name, the product model, and the universal product
 code (UPC) if the product has such a code;
       (3) the amount of the chemical contained in each unit of the product or
 product component, reported by weight or parts per trillion as authorized by
 the Secretary;
       (4) the name and address of the manufacturer of the product and the
 name, address, and telephone number of a contact person for the manufacturer;
 and
       (5) any other information the manufacturer deems relevant to the
 appropriate use of the product.
        * * * Prohibits PFAS in Apparel, Cookware, and Paper Products
                         Effective January 1, 2024 * * *
 Sec. 3. 18 V.S.A. chapter 33C is amended to read:
    CHAPTER 33C. PFAS IN SKI WAX, APPAREL, COOKWARE, AND
                               PAPER PRODUCTS
 § 1691. DEFINITIONS
    As used in this chapter:
       (1) “Apparel” means any of the following:
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            (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 do
 not include personal protective equipment or clothing items for exclusive use
 by the U.S. Armed Forces.
            (B) Outdoor apparel.
            (C) Outdoor apparel for severe wet conditions.
       (2) “Cookware” means durable houseware items that are used in homes
 and restaurants to prepare, dispense, or store food, foodstuffs, or beverages.
 “Cookware” includes pots, pans, skillets, grills, baking sheets, baking molds,
 trays, bowls, and cooking utensils.
       (3) “Department” means the Department of Health.
       (2)(4) “Intentionally added” means the addition of a chemical in a
 product that serves an intended function in the product component.
       (5) “Outdoor apparel” means clothing items intended primarily for
 outdoor activities, including hiking, camping, skiing, climbing, bicycling, and
 fishing.
       (6) “Paper products” means:
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           (A) printing, writing, and related paper, which is coated or uncoated
 paper that is subsequently converted into products used for printing, writing,
 and other communication purposes, such as file folders, envelopes, catalogues,
 magazines, and brochures;
           (B) kraft packaging paper, which is coarse unbleached, semi-
 bleached, or fully bleached grades of paper, that is subsequently converted into
 products such as grocery bags, multiwall sacks, waxed paper, and other
 products;
           (C) containerboard, which is all forms of linerboard and medium that
 is used to manufacture corrugated boxes, shipping containers, and related
 products; and
           (D) paperboard, which is solid bleached kraft board, recycled board,
 and unbleached kraft board that is subsequently converted into a wide variety
 of end uses, including folding boxes, food and beverage packaging, tubes,
 cans, drums, and other miscellaneous products, but not construction-related
 products such as gypsum wallboard facings and panel board.
       (3)(7) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has
 the same meaning as in section 1661 of this title.
       (8) “Personal protective equipment” has the same meaning as in section
 1661 of this title.
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       (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.
 § 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. APPAREL
    (a) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State apparel to
 which PFAS have been intentionally added in any amount.
    (b) This section shall not apply to the sale or resale of used products.
 § 1692b. COOKWARE
    (a) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State cookware 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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 § 1692c. PAPER PRODUCTS
    (a) A manufacturer, supplier, or distributor shall not manufacture, sell,
 offer for sale, distribute for sale, or distribute for use in this State paper
 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.
 § 1693. CERTIFICATE OF COMPLIANCE
    The Attorney General may request a certificate of compliance from a
 manufacturer of ski wax, apparel, cookware, or paper products. 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
       (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.
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 § 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.
            * * * Prohibiting Certain Chemicals in Cosmetic Products
                           Effective July 1, 2026 * * *
 Sec. 4. 18 V.S.A. chapter 36 is added to read:
          CHAPTER 36. CHEMICALS IN COSMETIC PRODUCTS
 § 1721. 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) “Coal tar compounds” means chemicals in coal tar, including coal
 tar (CAS 65996-92-1) and carbon black (CAS 1333-86-4).
       (3) “Cosmetic product” means articles or a component of articles
 intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or VT LEG #365311 v.4
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 otherwise applied to the human body or any part thereof for cleansing,
 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.
       (4) “Formaldehyde releasing agent” means a chemical that releases
 formaldehyde.
       (5) “Manufacturer” means any person, firm, association, partnership,
 corporation, organization, joint venture, importer, or domestic distributor of a
 cosmetic product. As used in this subdivision, “importer” means the owner of
 the product.
       (6) “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.
       (7) “Parabens” means esters of parahydroxybenzoic acid, including
 methylparaben (CAS 99-76-3), ethylparaben, propylparaben (CAS 94-13-3),
 and butylparaben (CAS 94-26-8).
       (8) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a
 class of fluorinated organic chemicals containing at least one fully fluorinated
 carbon atom.
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       (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.
       (10) “Undisclosed synthetic fragrances” means manmade chemicals that
 serve the function of being fragrances in a cosmetic product and have not been
 disclosed to the public on a label or on a manufacturer’s website.
 § 1722. PROHIBITED CHEMICALS IN COSMETIC 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
 product