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USA: Vermont Bans PFAS in Certain Products and Designates 3 PFAS as CHCCs

JUNE 2021 - HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 18 May 2021, Vermont Governor signed a new bill (S.20)1 into Act No. 36 of 2021. This Act bans perfluoroalkyl and polyfluoroalkyl substances (PFAS) intentionally added in firefighting foam, personal protective equipment (PPE), food packaging, rugs, carpets and ski wax. The Act also bans food packaging containing ortho-phthalates. 

PFAS is known as a large family of thousands of synthetic chemicals which is resistant to degrade when used and in the environment. There are a variety of commercial applications uses of PFAS for example, water, oil and grease repellent treatments for carpets, furniture, food packaging and firefighting foams. The states around US started to ban PFAS used in food packaging, e.g. Washington, New York and Maine.

Vermont enacted this Act to ban PFAS in certain products. The manufacture, sale and use of food packaging containing ortho-phthalates is also banned. For demonstration of compliance, the Attorney General may request a certificate of compliance from the manufacturer of these regulated products. The Department of Environment may also adopt rules to prohibit the food packaging or packaging component containing bisphenols. The effective dates of bans vary from different product types. However, the bans do not apply to the sale of used products. Table A shows details of the requirements. 

Besides the bans of products containing PFAS and ortho-phthalates, another important part of this Act is the designation of the following three PFAS substances as chemicals of high concern to children (CHCCs) to § 1773 of Chapter 38A of The Vermont Statutes2. The total number of chemicals on CHCCs list increased to 89. This revision will be effective from 1 July 2022.

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

Table A. Bans of PFAS and ortho-phthalates

Products
Class of Substances
Requirements
Effective date
Firefighting foam
PFAS
Class B firefighting foam which PFAS have been intentionally added shall not be manufactured, sold, offered for sale, or distributed for sale or used. 1 October 2023 (other than use at a terminal)
1 January 2024 (use at a terminal)
Personal protective equipment (PPE) for fire fighting PFAS A manufacturer or person that sells PPE containing PFAS shall provide the purchaser the written notice which includes statement that the PPE contains PFAS and the reason PFAS are added to the PPE. 1 July 2021
Food packaging PFAS Food packaging containing PFAS (intentionally added and present in any amount) shall not be manufactured, sold, offered for sale, or distributed for sale or used. 1 July 2023
Ortho-phthalates Food packaging that includes inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, or any other additives containing PFAS (intentionally added and present in any amount) shall not be manufactured, sold, offered for sale, or distributed for sale or used.
Rugs, carpets and aftermarket stain and water resistant treatments PFAS Residential rugs, carpets and aftermarket stain and water resistant treatments for rugs and carpets which PFAS have been intentionally added shall not be manufactured, sold, offered for sale, or distributed for sale or used. 1 July 2023
Ski wax or related tuning products PFAS Ski wax or related tuning products which PFAS have been intentionally added shall not be manufactured, sold, offered for sale, or distributed for sale or used. 1 July 2023

 

[1]  Bill S.20

[2]  Chapter 38A of The Vermont Statutes

   

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