H 238

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No. 54. An act relating to the phaseout of consumer products containing
added perfluoroalkyl and polyfluoroalkyl substances.
                                      (H.238)
It is hereby enacted by the General Assembly of the State of Vermont:
                      * * * PFAS in Consumer Products * * *
Sec. 1. 9 V.S.A. chapter 63, subchapter 12A is amended to read:
                   Subchapter 12A. PFAS in Consumer Products
§ 2494e. DEFINITIONS
   As used in this subchapter:
      (1) “Adult mattress” means a mattress other than a crib or toddler
mattress.
      (2) “Aftermarket stain and water resistant treatments” means treatments
for textile and leather consumer products used in residential settings that have
been treated during the manufacturing process for stain, oil, and water
resistance, but excludes products marketed or sold exclusively for use at
industrial facilities during the manufacture of a carpet, rug, clothing, or shoe.
      (3) “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, reusable diapers, footwear, and everyday uniforms
for workwear. Clothing items intended for regular wear or formal occasions
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do not include clothing items for exclusive use by the U.S. Armed Forces,
outdoor apparel for severe wet conditions, and personal protective equipment.
          (B) Outdoor apparel.
       (4) “Artificial turf” means a surface of synthetic fibers that is used in
place of natural grass in recreational, residential, or commercial applications.
       (5) “Cleaning product” means a compound intended for routine
cleaning, including general purpose cleaners, bathroom cleaners, glass
cleaners, carpet cleaners, floor care products, and hand soaps. “Cleaning
product” does not mean an antimicrobial pesticide.
       (6) “Cookware” means durable houseware items used to prepare,
dispense, or store food, foodstuffs, or beverages and that are intended for direct
food contact, including pots, pans, skillets, grills, baking sheets, baking molds,
trays, bowls, and cooking utensils.
       (7) “Dental floss” means a string-like device made of cotton or other
fibers intended to remove plaque and food particles from between the teeth to
reduce tooth decay. The fibers of the device may be coated with wax for easier
use.
       (8) “Fluorine treated container” means a fluorinated treated plastic
container.
       (6)(9) “Incontinency protection product” means a disposable, absorbent
hygiene product designed to absorb bodily waste for use by individuals 12
years of age and older.
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      (7)(10) “Intentionally added” means the addition of a chemical in a
product that serves an intended function in the product component
“Intentionally added PFAS” means PFAS added to a product regulated under
this subchapter or one of its product components to provide a specific
characteristic, appearance, or quality or to perform a specific function.
“Intentionally added PFAS” also includes any degradation byproducts of
PFAS or PFAS that are intentional breakdown products of an added chemical.
For the purposes of this chapter the use of PFAS as a processing agent, mold
release agent, or intermediate is considered intentional introduction where
PFAS are detected in the final covered product.
      (8)(11) “Juvenile product” means a product designed or marketed for
use by infants and children under 12 years of age:
         (A) including a baby or toddler foam pillow; bassinet; bedside
sleeper; booster seat; changing pad; infant bouncer; infant carrier; infant seat;
infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot;
nursing pad; nursing pillow; pacifier; play mat; playpen; play yard;
polyurethane foam mat, pad, or pillow; portable foam nap mat; portable infant
sleeper; portable hook-in chair; soft-sided portable crib; stroller; toddler
mattress; and disposable, single-use diaper; and
         (B) excluding a children’s electronic product, such as a personal
computer, audio and video equipment, calculator, wireless phone, game
console, handheld device incorporating a video screen, or any associated
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peripheral such as a mouse, keyboard, power supply unit, or power cord; a
medical device; or an adult mattress; and
           (C) excluding children’s all-terrain vehicles, as that term is defined
under 23 V.S.A. § 3801.
      (9)(12) “Manufacturer” means any person engaged in the business of
making or assembling a consumer product directly or indirectly available to
consumers. “Manufacturer” excludes a distributor or retailer, except when a
consumer product is made or assembled outside the United States, in which
case a “manufacturer” includes the importer or first domestic distributor of the
consumer product.
      (10)(13) “Medical device” has the same meaning given to “device” in
21 U.S.C. § 321.
      (11)(14) “Outdoor apparel” means clothing items intended primarily for
outdoor activities, including hiking, camping, skiing, climbing, bicycling, and
fishing.
      (12)(15) “Outdoor apparel for severe wet conditions” means outdoor
apparel 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
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and extended use products include outerwear for offshore fishing, offshore
sailing, whitewater kayaking, and mountaineering.
      (13)(16) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS”
means a class of fluorinated organic chemicals containing at least one fully
fluorinated carbon atom.
      (14)(17) “Personal protective equipment” has the same meaning as in
section 2494p of this title.
      (15)(18) “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
         (B) the presence of PFAS in a product or product component at or
above 100 parts per million, as measured in total organic fluorine.
      (16)(19) “Rug or carpet” means a fabric marketed or intended for use as
a floor covering.
      (17)(20) “Ski wax” means a lubricant applied to the bottom of snow
runners, including skis and snowboards, to improve their grip and glide
properties.
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      (18)(21) “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.
      (19)(22) “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 table cloths. “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;
         (E) textile articles used for laboratory analysis and testing; and
         (F) rugs or carpets.
§ 2494f. AFTERMARKET STAIN AND WATER-RESISTANT
         TREATMENTS PROHIBITION ON PFAS IN CONSUMER
         PRODUCTS
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   (a) A manufacturer shall not manufacture, sell, offer for sale, distribute for
sale, or distribute for use in this State aftermarket stain and water-resistant
treatments for rugs or carpets to which PFAS have been intentionally added in
any amount.
   (b) This section shall not apply to the sale or resale of used products. A
manufacturer shall not manufacture, sell, offer for sale, distribute for sale, or
distribute for use in the State the following consumer products to which PFAS
have been intentionally added in any amount:
      (1) aftermarket stain and water-resistant treatments;
      (2) artificial turf;
      (3) cleaning products;
      (4) cookware;
      (5) dental floss;
      (6) incontinency protection products;
      (7) juvenile products;
      (8) residential rugs and carpets; or
      (9) ski wax.
   (b) A manufacturer shall not manufacture, sell, offer for sale, distribute for
sale, or distribute for use in the State textiles or textile articles to which
regulated PFAS have been intentionally added in any amount.
   (c) The prohibitions under subsections (a) and (b) of this section shall not
apply to the sale, offer for sale, distribution for sale, or distribution for use of
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any of the products listed under subsections (a) and (b) of this section that have
been previously used by a consumer for the intended purpose of the product.
§ 2494g. ARTIFICIAL TURF
   A manufacturer shall not manufacture, sell, offer for sale, distribute for sale,
or distribute for use in this State artificial turf to which:
      (1) PFAS have been intentionally added in any amount; or
      (2) PFAS have entered the product from the manufacturing or
processing of that product, the addition of which is known or reasonably
ascertainable by the manufacturer.
§ 2494h. COOKWARE
   (a) A manufacturer 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.
§ 2494i. INCONTINENCY PROTECTION PRODUCT
   A manufacturer shall not manufacture, sell, offer for sale, distribute for sale,
or distribute for use in this State an incontinency protection product to which
PFAS have been intentionally added in any amount.
§ 2494j. JUVENILE PRODUCTS
   (a) A manufacturer shall not manufacture, sell, offer for sale, distribute for
sale, or distribute for use in this State juvenile products to which PFAS have
been intentionally added in any amount.
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   (b) This section shall not apply to the sale or resale of used products.
§ 2494k. RUGS AND CARPETS
   (a) A manufacturer 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 added in any amount.
   (b) This section shall not apply to the sale or resale of used products.
§ 2494l. SKI WAX
   (a) A manufacturer 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.
§ 2494m. TEXTILES
   (a) A manufacturer 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.
§ 2494g. FLUORINE TREATED CONTAINERS
   (a) A manufacturer shall not sell, offer for sale, distribute for sale, or
distribute for use in the State a product listed under subdivisions 2494f(a)(1)–
(9) of this title that does not contain intentionally added PFAS but that is sold,
offered for sale, distributed for sale, or distributed for use in the State in a
fluorine treated container.
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   (b) The prohibition under subsection (a) of this section shall not apply to
the sale, offer for sale, distribution for sale, or distribution for use of a product
that has been previously used by a consumer for the intended purpose of the
product.
   (c) Beginning on January 1, 2032, a manufacturer shall not manufacture,
sell, offer for sale, distribute for sale, or distribute for use in the State a fluorine
treated container or any consumer product in a fluorine treated container.
§ 2494n 2494h. CERTIFICATE OF COMPLIANCE
   (a) The Attorney General may request a certificate of compliance from a
manufacturer of a consumer product regulated under this subchapter. Within
60 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
subchapter; 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
subchapter and submit to the Attorney General a list of the names and
addresses of those persons notified.
   (b) A manufacturer required to submit a certificate of compliance pursuant
to this section may rely upon a certificate of compliance provided to the
manufacturer by a supplier for the purpose of determining the manufacturer’s
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reporting obligations. A certificate of compliance provided by a supplier in
accordance with this subsection shall be used solely for the purpose of
determining a manufacturer’s compliance with this section.
§ 2494o 2494i. VIOLATIONS
   (a) A violation of this subchapter is deemed to be a violation of section
2453 of this title.
   (b) 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 subchapter 1 of this chapter.
Sec. 2. 9 V.S.A. § 2494e(19) is amended to read:
      (19) “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
          (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. 3. 9 V.S.A. § 2494e(3) is amended to read:
      (3) “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, reusable diapers, footwear, and everyday uniforms
for workwear. Clothing items intended for regular wear or formal occasions
do not include clothing items for exclusive use by the U.S. Armed Forces,
outdoor apparel for severe wet conditions, and personal protective equipment.
         (B) Outdoor apparel.
         (C) Outdoor apparel for severe wet conditions.
Sec. 4. ANR REPORT ON PFAS REGULATION
   (a) As used in this section, “perfluoroalkyl and polyfluoroalkyl substances”
or “PFAS” means a class of fluorinated organic chemicals containing at least
one fully fluorinated carbon atom.
   (b) On or before January 15, 2027, the Secretary of Natural Resources shall
submit to the House Committees on Environment and on Human Services and
the Senate Committees on Natural Resources and Energy and on Health and
Welfare a report regarding the regulation by other states of PFAS in consumer
products. The report shall include:
      (1) a summary of programs in other states that regulate PFAS in
consumer products, including whether other states have implemented a
regulatory program based on the definition of PFAS used in this section;
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      (2) if other states have implemented regulatory programs for PFAS, a
summary of the effectiveness of the programs, including any obstacles or
difficulties these states may have faced in implementing a program, the
staffing required for a program, and the time frame under which each state
implemented the program;
      (3) a recommendation, based on review of regulatory programs in other
states, on whether Vermont should establish a regulatory program for PFAS in
consumer products, including the State agency in which such a program should
be located, the staffing required, and a time frame for implementation;
      (4) whether other states have prohibited or restricted the use of fluorine
treated containers, including a summary of how fluorine treated containers are
used or allowed for use in other states;
      (5) any other information that the Secretary determines is necessary for
the purpose of informing the General Assembly whether to enact a regulatory
program for PFAS in consumer products; and
      (6) a summary of PFAS data in industrial processes, to the extent
available, and whether any other state has restricted the use of PFAS-
contaminated water in manufacturing.
Sec. 5. REPORTS; PFAS IN COMPLEX DURABLE GOODS; FOOD
   (a)(1) On or before January 15, 2033, the Secretary of Natural Resources
shall provide a recommendation to the House Committees on Human Services
and on Environment and the Senate Committees on Health and Welfare and on
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Natural Resources and Energy on how to address PFAS in complex durable
goods.
        (2) As used in this subsection, “complex durable goods” means a
consumer product that is a manufactured good composed of 100 or more
manufactured components, with an intended useful life of five or more years,
where the product is typically not consumed, destroyed, or discarded after a
single use. This includes replacement parts for complex durable goods not
subject to a phaseout under this chapter.
   (b)(1) On or before January 15, 2033, the Secretary of Agriculture, Food
and Markets shall provide a recommendation to the House Committees on
Human Services and on Environment and the Senate Committees on Health
and Welfare and on Natural Resources and Energy on how to address PFAS in
food.
        (2) As used in this subsection, “food” has the same meaning as in 18
V.S.A. § 4051.
   (c) The Secretary of Natural Resources shall update the Senate Committee
on Health and Welfare, the House Committee on Environment, and the
Secretary of Natural Resources on the status of the regulation of PFAS in
complex durable goods and in food in other states. The first status report shall
be submitted on or before January 15, 2027, as part of the report required
under Sec. 4 of this act or as testimony. The second update shall be provided
as testimony to the committees on or before January 15, 2029.
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Sec. 6. REPEALS
   (a) 2024 Acts and Resolves No. 131, Sec. 4 (prospective definition for
outdoor apparel for severe wet conditions) is repealed.
   (b) 2024 Acts and Resolves No. 131, Sec. 5 (prospective definition of
regulated PFAS) is repealed.
Sec. 7. 2024 Acts and Resolves No. 131, Sec. 13 is amended to read:
   Sec. 13. EFFECTIVE DATES
   This act shall take effect on July 1, 2024, except that:
      (1) Sec. 1 (chemicals in cosmetic and menstrual products), Sec. 3 (PFAS
in consumer products), Sec. 6 (PFAS in firefighting agents and equipment),
and Sec. 7 (chemicals of concern in food packaging) shall take effect on
January 1, 2026; and
      (2) Sec. 2 (9 V.S.A. § 2494b) and Sec. 5 (9 V.S.A. § 2494e(15)) shall
take effect on July 1, 2027; and
      (3) Sec. 4 (9 V.S.A. § 2494e(3)) shall take effect on July 1, 2028.
            * * * PFAS in Firefighting Agents and Equipment * * *
Sec. 8. 9 V.S.A. § 2494p(2) is amended to read:
      (2) “Intentionally added” means the addition of a chemical in a product
that serves an intended function in the product component. “Intentionally
added PFAS” means PFAS added to a product regulated under this subchapter
or one of its product components to provide a specific characteristic,
appearance, or quality or to perform a specific function. “Intentionally added
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PFAS” also includes any degradation byproducts of PFAS or PFAS that are
intentional breakdown products of an added chemical. For the purposes of this
chapter the use of PFAS as a processing agent, mold release agent, or
intermediate is considered intentional introduction where PFAS are detected in
the final covered product.
Sec. 9. 9 V.S.A. § 2494s is amended to read:
   (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, citing to this subchapter, if the personal protective
equipment or station wear contains PFAS. The written notice shall include a
statement that the personal protective equipment or station wear contains
PFAS and the reason PFAS are added to the equipment not sell, offer for sale,
distribute for sale, or distribute for use in this State any personal protective
equipment to which PFAS have been intentionally added.
   (b) The manufacturer or person selling personal protective equipment or
station wear and the purchaser of the personal protective equipment or station
wear shall retain the notice for at least three years from the date of the
transaction. The prohibitions under subsection (a) of this section shall not
apply to personal protective equipment that is a respirator or respirator
protection equipment, provided that a manufacturer of a respirator or respirator
protection equipment shall provide written notice to the purchaser at the time
of sale, citing to this subchapter if the respirator or respirator protection
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equipment contains PFAS. The written notice shall include a statement that
the respirator or respirator protection equipment contains PFAS and the reason
PFAS are added to the equipment. The manufacturer or person selling
respirator or respirator protection equipment and the purchaser of the respirator
or respirator protection equipment shall retain the notice for at least three years
from the date of the transaction.
Sec. 10. 9 V.S.A. § 2494s is amended to read:
§ 2494s. PROHIBITED 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 not sell, offer for sale, distribute for
sale, or distribute for use in this State any personal protective equipment to
which PFAS have been intentionally added.
   (b) The prohibitions under subsection (a) of this section shall not apply to
personal protective equipment that is a respirator or respirator protection
equipment, provided that a manufacturer of a respirator or respirator protection
equipment shall provide written notice to the purchaser at the time of sale,
citing to this subchapter if the respirator or respirator protection equipment
contains PFAS. The written notice shall include a statement that the respirator
or respirator protection equipment contains PFAS and the reason PFAS are
added to the equipment. The manufacturer or person selling respirator or
respirator protection equipment and the purchaser of the respirator or respirator
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protection equipment shall retain the notice for at least three years from the
date of the transaction. [Repealed.]
Sec. 11. NOTICE OF PRESENCE OF PFAS IN STATION WEAR PRIOR
         TO PROHIBITION OF PFAS IN APPAREL
   (a) As used in this section:
      (1) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the
same meaning as in 9 V.S.A. § 2494p.
      (2) “Station wear” means uniform shirts and pants worn by firefighting
personnel in the performance of their duties, often underneath personal
protective equipment.
   (b) Prior to the limitation of PFAS in textile articles under 9 V.S.A. chapter
63, subchapter 12A beginning on July 1, 2026 under 9 V.S.A. § 2494f, a
manufacturer or other person that sells station wear to any person,
municipality, or State agency shall provide written notice to the purchaser at
the time of sale, citing to this subchapter, if the station wear contains PFAS.
The written notice shall include a statement that station wear contains PFAS
and the reason PFAS are added to the station wear. The manufacturer or
person selling station wear and the purchaser of station wear shall retain the
notice for at least three years from the date of the transaction.
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Sec. 12. ANR REPORT ON AVAILABILITY OF PFAS-FREE PERSONAL
         PROTECTIVE EQUIPMENT
   (a) As used in this section:
      (1) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a
class of fluorinated organic chemicals containing at least one fully fluorinated
carbon atom.
      (2) “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.
   (b) On or before December 15, 2028, the Agency of Natural Resources,
after consultation with the Department of Public Safety, shall report to the
Senate Committees on Health and Welfare and on Natural Resources and
Energy and the House Committees on Human Service and on Environment
regarding the availability of personal protective equipment that does not
include PFAS. The report shall include:
      (1) a summary of the general availability in the State of personal
protective equipment that does not include PFAS, including whether
respirators that do not include PFAS are generally available to firefighting
personnel in Vermont; and
      (2) a summary of the cost of personal protective equipment that does not
include PFAS, including whether the personal protective equipment that does
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not include PFAS is available at comparable costs to personal protective
equipment that includes PFAS.
   (c) The Agency of Natural Resources shall submit a copy of the report
required under this section to the Vermont League of Cities and Towns to
make available to municipal firefighting departments.
                           * * * Effective Dates * * *
Sec. 13. EFFECTIVE DATES
   (a) This section and Secs. 4 and 5 (reports to the General Assembly), Sec.
11 (notice of PFAS in station wear), and Sec. 12 (availability of PFAS-free
personal protective equipment) shall take effect on July 1, 2025.
   (b)(1) Sec. 1 (PFAS in consumer products) shall take effect on January 1,
2026, except that:
         (A) 9 V.S.A. § 2494e(10) (definition of intentionally added) shall
take effect on July 1, 2027;
         (B) 9 V.S.A. § 2494f(a)(3) (cleaning products) and (a)(5) (dental
floss) and 9 V.S.A. § 2494g (fluorine treated containers) shall take effect on
July 1, 2027; and
         (C) 9 V.S.A. § 2494f(a)(4) (cookware) shall take effect July 1, 2028.
      (2) Sec. 1 and this section shall supersede those provisions of 2024 Acts
and Resolves No. 131, Sec. 3 that conflict with the provisions of this act.
   (c) Sec. 2 (definition of regulated PFAS) shall take effect on July 1, 2027.
   (d) Sec. 3 (definition of outdoor apparel) shall take effect on July 1, 2028.
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   (e) Secs. 6 (repeal of Act 131 provisions) and 7 (amended Act 131 effective
dates) shall take effect on January 1, 2026.
   (f) Sec. 8 (definition of intentionally added; PPE containing PFAS) shall
take effect January 1, 2026 and shall supersede those provisions of 2024 Acts
and Resolves No. 131, Sec. 6 that conflict with the provisions of this act.
   (g) Sec. 9 (prohibition on sale of PPE containing PFAS) shall take effect on
July 1, 2029.
   (h) Sec. 10 (prohibition on sale of respirators containing PFAS) shall take
effect on July 1, 2032.
Date Governor signed bill: June 11, 2025
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