U.S. – Vermont Approves Bill S20 to Restrict Sale of PFAS Chemicals

Vol. 1250 | 15 Jun 2021

On May 18, 2021, Vermont Governor Phil Scott signed bill S. 20 into law, which impacts chemicals in a wide range of products and amends the list of chemicals of high concern to children (CHCCs).

PFAS Restriction:

The bill (S 20) restricts the sale of perfluoroalkyl and polyfluoroalkyl substances (PFASs) in firefighting agents and equipment, rugs, carpets, aftermarket stain and water-resistant treatments, ski waxes, and food packaging. Following are the effective dates for the prohibition of sale of specified product categories with intentionally added PFAS:

1. Class B firefighting foam: July 1, 2022
2. Class B firefighting foam used at a terminal: January 1, 2024
3. Residential rugs and carpets: July 1, 2023
4. Aftermarket stain and water-resistant treatments for rugs or carpets: July 1, 2023
5. Ski wax: July 1, 2023
6. Food packaging: July 1, 2023

Chemical of High Concern to Children Reporting Rule:

The Bill amends the Chemical of Concern to Children Reporting Rule to add PFAS chemicals as chemical of high concern to children. The reporting requirement is narrowed on PFASs in children’s products from the entire chemical class to three compounds regulated in the state’s drinking water, listed below, and take effect on July 1, 2022:

• PFHxS, (perfluorohexane sulfonic acid).
• PFHpA (perfluoroheptanoic acid).
• PFNA. (perfluorononanoic acid).

Food Packaging:

Starting July 1, 2023, PFAS and ortho-phthalates are prohibited to be intentionally added and present in any amount in food packaging. The Department of Health may adopt rules prohibiting intentionally added bisphenols in food packaging and is contingent on availability of safer alternative in sufficient quantity and at a comparable cost. The prohibition shall not take effect until two years after the Department of Health (DOH) adopts the rule.

Certificate of Compliance:

The Attorney General may request a Certificate of Compliance (CoC) from manufacturer of food packaging, as well as manufacturers of class B firefighting foam and firefighting personal protective equipment, rugs, carpets, aftermarket stain and water-resistant treatments and ski waxes. CoC should be furnished within 30 days upon request by Attorney General.

The Bill S 20 can be reviewed at: https://legislature.vermont.gov/bill/status/2022/S.20

For questions, please contact Stella Li (xingyu.li@intertek.com, +1- 503-351-9612), or Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).