The US state of Vermont has approved measures to regulate PFAS and other chemicals in certain consumer products. The provisions in the Act will be implemented in phases, starting July 1, 2021.

SAFEGUARDS | Consumer ProductsNO. 072/21

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On May 18, 2021, the governor of Vermont signed S.20 into law to regulate several chemicals in specific consumer goods and amend the list of chemicals of high concern to children (CHCCs) for reporting in children’s products (the Act). 

According to the definitions in 18 V.S.A, known as the Act, perfluoroalkyl and polyfluoroalkyl substances (PFAS) means a family of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

The Act amends 18 V.S.A of the state’s statutes by adding several new chapters and amending § 1773 in relation to chemicals of high concern to children (CHCC). It: 

  • Adds 18 V.S.A. Chapter 33 ‘PFAS in Firefighting Agents and Equipment’
  • Adds 18 V.S.A. Chapter 33A ‘Chemicals of Concern in Food Packaging’ in relation to PFAS, (ortho) phthalates and bisphenols
  • Adds 18 V.S.A. Chapter 33B ‘PFAS in Rugs, Carpets and Aftermarket Stain and Water-Resistant Treatments’ 
  • Adds 18 V.S.A. Chapter 33C ‘PFAS in Ski Wax’
  • Amends §1773 to 18 V.S.A Chapter 38A ‘Chemicals of High Concern to Children’ by designating the following three chemicals as CHCC for reporting in children’s products:
    • Perfluorohexane sulfonic acid (PFHxS)
    • Perfluoroheptanoic acid (PFHpA)
    • Perfluorononanoic acid (PFNA)

Highlights of the Act are summarized in Table 1.

US state of Vermont, 2021-2022 Regular Session
S.20 ‘An Act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products’
Substance Scope Requirement Effective Date
PFAS
Personal protective equipment
Manufacturers or sellers to provide buyers with notice statement indicating the presence of PFAS and the reasons for these chemicals in such products1, 2
July 1, 2021
Class B firefighting foams
Prohibited1
July 1, 2022
Residential rugs and carpets
Prohibited1, 6 July 1, 2023
Aftermarket stain and water-resistant treatments for rugs or carpets
Prohibited1, 3, 4, 6
July 1, 2023
Ski wax
Prohibited1, 4, 6
July 1, 2023
Class B firefighting foams for use at a terminal
Prohibited1, 5 January 1, 2024
PFAS
Food packaging Prohibited1, 6
July 1, 2023
Bisphenols
Dept. of Health (DOH) may adopt rules for prohibition1, 6 
2 years after DOH has adopted rules 
Phthalates
Prohibited1, 6 July 1, 2023
PFHxS,
PFHpA,
PFNA
Children’s 
products
Designated as CHCC 
(Chemical disclosure program) 
July 1, 2022
1Certificate of Compliance (CoC) to be furnished within 30 days upon request by Attorney General 
2Notice to be retained for at least three years from date of transaction
3Excludes products marketed or sold exclusively for use at industrial facilities during the manufacture of a carpet, rug, clothing or shoe
4Commissioner to adopt any rules for implementation, administration and enforcement
5Subject to approval, temporary exemptions up to one year are permitted
6Used products are exempt

Table 1 

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