The Vermont Governor has signed HB238 to amend the PFAS in products law enacted last year. This bill makes additions and revisions to definitions, adds requirements for fluorine treated containers, and requires several reports be submitted to specific Legislative committees.
The product scope and effective dates generally stay the same with this amendment.
The amendments to the law are as follows:
- Addition of definition for:
- cleaning products including various types of general household cleaning products and hand soap. It does not include antimicrobial pesticides.
- dental floss
- fluorine treated plastic containers
- Revision of definitions for:
- ‘Intentionally added’ to ‘Intentionally added PFAS’ and adding processing aids, molding release agents, or intermediates that stay on the product as intentionally added.
- juvenile products to add pacifiers in the list of products and excluding children’s all-terrain vehicles.
- Reformat of requirements section for each product type listed and consolidated the products that had the same requirements.
- Addition of a section to not allow any covered product to be sold, offered, or distributed in a fluorine treated container. In addition, as of January 1, 2032, fluorine treated containers cannot be manufactured or used to package any consumer product.
- Addition of requirements for Secretary of Natural Resources to provide several reports to certain House and Senate committees including:
- As of January 15, 2027, a report on other state PFAS in products’ laws with summary of the programs, their implementation and effectiveness, as well as any issues or problems in implementing or compliance with the laws and to help determine whether a PFAS in products regulatory program should be set up in Vermont
- As of January 15, 2033, reports related to handling complex durable goods, defined as products that have 100 or more components in a non-single use item, including status reports of other states with a first status in 2027 and a second in 2029.
- Addition of requirements for the Secretary of Agriculture, Food, and Markets to provide a report on PFAS in food and how other states are handling this area. Status reports would be handled like the complex durable goods report.
For more information, see link for full details:
Vermont - HB 238 - Phaseout of Consumer Products Containing Added Perfluoroalkyl And Polyfluoroalkyl Substances
https://legislature.vermont.gov/Documents/2026/Docs/BILLS/H-0238/H-0238%20As%20Passed%20by%20Both%20House%20and%20Senate%20Official.pdf
BV Bulletin for details of the previous version of the law:
https://www.cps.bureauveritas.com/newsroom/vermont-signs-pfas-legislation-law
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