Act No. 112
Health; public health; toxic substances; bisphenol A
This act restricts the manufacture, sale, or distribution of certain products containing bisphenol A. Beginning July 1, 2012, it prohibits anyone from manufacturing, selling, or distributing in commerce in Vermont any reusable food or beverage container containing bisphenol A or any infant formula or baby food stored in a plastic container or jar containing bisphenol A. Beginning July 1, 2014, it also prohibits anyone from manufacturing, selling, or distributing in commerce in Vermont any infant formula or baby food stored in a can containing bisphenol A.
The act requires manufacturers to use the least toxic alternative when replacing bisphenol A and bars them from using as a replacement A, B, or C carcinogens; substances on the U.S. Environmental Protection Agency's (EPA) list of substances that are known or likely carcinogens, known human carcinogens, likely to be carcinogens, or suggestive of being carcinogens; or reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.
A violation of the act is deemed a violation of Vermont's Consumer Fraud Act, and the act gives the attorney general the same authority and private parties the same rights as they have under the Consumer Fraud Act. The act also requires the department of health to identify as soon as possible one or more bisphenol A-free containers, including cans, for use in Vermont's Women, Infants, and Children (WIC) program and to report to the general assembly on the availability of such containers by January 15, 2012.
Date Signed by the Governor: May 19, 2010
Effective Date: July 1, 2010