§ 7101. Legislative findings
The General Assembly finds and declares that:
(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment
and poses a serious threat to humans, particularly young children and the developing
fetus, and wildlife.
(2) Recent EPA research concludes that 16 percent of American women of childbearing age
have unsafe mercury blood levels and that the annual number of newborn infants at
risk in the United States is 630,000.
(3) The primary means of human exposure to mercury is the consumption of contaminated
fish and shellfish.
(4) Vermont and all other northeastern states have issued Statewide fish consumption mercury
contamination advisories that recommend limiting or avoiding the consumption of certain
freshwater fish caught locally.
(5) While the Vermont Departments of Environmental Conservation, Fish and Wildlife, and
Health have undertaken a long-term collaboration to monitor and report on fish tissue
mercury in Vermont waters, most lakes and streams remain untested. Of the 560 lakes
and ponds tracked by the Department of Environmental Conservation, only 60 of the
largest have been monitored for fish mercury. For inland lakes, this corresponds to
51 percent of the lake acreage in Vermont. Only 22 river or stream sites have been
tested for fish mercury. This current monitoring approach is not designed to track
changes in fish mercury over time in response to management actions and does not address
mercury impacts on fish-eating wildlife.
(6) The U.S. Food and Drug Administration and the Vermont Department of Health recommend
limiting the consumption of certain commercial saltwater fish, including canned tuna.
(7) Human exposure to mercury can result in nervous system, kidney, and liver damage and
impaired childhood development.
(8) There has been a threefold increase in mercury loading to the environment over the
past 150 years. Much of the mercury deposited from the atmosphere is from human and
natural sources, but anthropogenic emissions exceed those that occur naturally.
(9) More than one-half of the mercury deposition is from out-of-region sources, with the
largest being coal-burning power plants (utility boilers) and industrial boilers.
(10) While mercury-added switches have been eliminated from currently manufactured U.S.
and foreign manufactured motor vehicles, mercury-added switches are still prevalent
in end-of-life motor vehicles previously manufactured. Collection programs for these
vehicle switches at end-of-life of the vehicle have proven to be a feasible method
to reduce a significant source of mercury release to the region.
(11) Implementation of the 1998 New England Governors and Eastern Canadian Premiers Mercury
Action Plan has led to a decrease in regional mercury emissions of more than 55 percent—primarily
due to emissions controls on municipal combustors and medical waste incinerators,
both of which burn discarded mercury-added products.
(12) The New England Governors and Eastern Canadian Premiers have set an interim goal in
the Mercury Action Plan of 75 percent reduction in anthropogenic emissions by 2010.
Achieving this goal will require further reduction measures from in-region combustion
sources, such as power plants, industrial and commercial boilers, and sewage sludge
incinerators, and will require reducing mercury releases that occur through disposal
and breakage of products that contain mercury.
(13) Many of the states in the region, including Connecticut, Maine, New York, and Rhode
Island, have adopted comprehensive mercury-added product legislation to identify and
eliminate unnecessary uses of mercury.
(14) Significant use of mercury-added products occurs in health care facilities, schools,
and dental practices, in all of which mercury use or release reduction is technically
and economically feasible.
(15) The Mercury Task Force of the Conference of New England Governors and Eastern Canadian
Premiers adopted a goal to reduce dental wastewater discharges of mercury by having
50 percent of dentists install amalgam separators in each state or jurisdiction by
the end of 2005.
(16) In 1998, the Vermont General Assembly passed legislation requiring labeling of mercury-added
products and banned the disposal of these labeled products in landfills. The Agency
and municipal solid waste districts implemented numerous mercury education and reduction
programs to reduce mercury use in products and to collect spent mercury-added products
for proper recycling and disposal. Public education is essential to reducing improper
disposal of spent mercury-added products.
(17) Vermont’s mercury product legislation passed in 1998 does not comprehensively restrict
the sale and use of mercury-added products.
(18) Studies conducted for the state of Maine show that mercury-free alternatives exist
for a majority of the thousands of products containing mercury components. These products
include thermometers, thermostats, flow meters, barometers, manometers, medical devices,
and electrical switches and relays.
(19) Studies conducted for the state of Maine show that manufacturers are beginning to
market mercury-free versions of all types of mercury-added button cell and other miniature
batteries.
(20) Novelty products using mercury have been banned from sale in several states.
(21) All fluorescent lamps contain mercury and can create an immediate public health and
environmental hazard when they accidentally break during installation, use, transportation,
storage, recycling, or disposal. Light-emitting diode (LED) replacements for fluorescent
lamps do not contain any mercury.
(22) Fluorescent lamps are no longer the most energy-efficient lighting option in the marketplace.
Lamps that contain LEDs have advanced significantly and today use approximately half
the electricity as fluorescent lamps to produce the same amount of light. LEDs also
last two to three times longer than fluorescent lamps.
(23) Fluorescent lamps are no longer the least life-cycle cost (LLCC) option because they
cost twice as much to operate compared to an LED. LED retrofit tubes are the LLCC,
and they pay for the slightly higher first cost in a matter of one to eight months,
depending on price and application. After paying back initial costs, the LED tubes
continue to operate for years to come, saving consumers and businesses on their lighting
bills.
(24) LED retrofit lamps are widely available in a comprehensive set of sizes, shapes, lengths,
and light colors. There are over 10,000 models of four-foot LED retrofit tubes that
can replace fluorescent T5, T8, and T12 in the Design Lights Consortium Qualified
Product List database.
(25) Suppliers who sold fluorescent lamps in Vermont after July 1, 2012 made a profit from
the sales of those lamps in the State, and they should remain responsible for ensuring
the safe collection at the end-of-life of those lamps due to the toxic nature of the
mercury contained in the products they sold.
(26) Citizens of Vermont, the Vermont environment, and the Agency will benefit from comprehensive
mercury product legislation that further reduces mercury emissions and is consistent
with model mercury product legislation developed jointly by the northeast states. (Added 2005, No. 13, § 1; amended 2021, No. 120 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 7102. Definitions
As used in this chapter:
(1) “Agency” means the Vermont Agency of Natural Resources.
(2) “Elemental mercury” means the chemical symbol Hg. Elemental Hg is a silvery-white
liquid (at room temperature) with an atomic number of 80 and an atomic mass of 200.57.
(3) “Fabricated mercury-added product” means a product that consists of a combination
of individual components that combine to make a single unit, including mercury-added
measuring devices, lamps, and switches.
(4) “Formulated mercury-added product” means a product that is sold as a consistent mixture
of chemicals to which mercury or a mercury compound has been intentionally added in
order to provide a specific characteristic, appearance, or quality, or to perform
a specific function, or for any other reason. This includes laboratory chemicals,
cleaning products, cosmetics, pharmaceuticals, and coating materials. For the purposes
of this chapter, formulated mercury-added product does not include pharmaceuticals,
pharmaceutical products, biological products, or any substance that may be lawfully
sold over the counter without a prescription under the federal Food, Drug, and Cosmetics
Act, 21 U.S.C. §§ 301 et seq. “Biological product” means a virus, therapeutic serum, toxin, antitoxin,
vaccine, blood, blood component or derivative, allergenic product or an analogous
product, or asphenamine (a derivative of arsphenamine) or any other trivalent organic
arsenic compound used for the prevention, treatment, or cure of a disease or condition
of human beings.
(5) “Large appliance” includes the following items: refrigerators, washing machines, clothes
dryers, ranges, water heaters, dishwashers, freezers, microwave ovens, air conditioners,
portable heaters, and other similar domestic and commercial appliances as may be identified
by the Agency by rule.
(6)(A) “Manufacturer” means any person, firm, association, partnership, corporation, governmental
entity, organization, combination, or joint venture that:
(i) produces a mercury-added product; or
(ii) serves as an importer or domestic distributor of a mercury-added product produced
outside the United States.
(B) This definition shall not apply to retailers for whom importing is not their primary
business.
(C) In the case of a multicomponent mercury-added product, the manufacturer is the last
manufacturer to produce or assemble the product.
(D) In the case of mercury-containing thermostats, the manufacturer is the original equipment
manufacturer.
(7) “Mercury-added component” means a mercury-added product that is incorporated into
another product to form a fabricated mercury-added product, including electrical switches,
relays, and lamps.
(8) “Mercury-added novelty” means a mercury-added product intended mainly for personal
or household enjoyment or adornment. Mercury-added novelties include items intended
for use as practical jokes, figurines, adornments, toys, games, cards, ornaments,
yard statues and figures, candles, jewelry, holiday decorations, items of apparel
(including footwear), and similar products.
(9) “Mercury-added product” means a product, a commodity, a chemical, a product with one
or more components, or a product that cannot function without the use of that component,
that contains mercury or a mercury compound intentionally added to the product, commodity,
chemical, or component in order to provide a specific characteristic, appearance,
or quality, or to perform a specific function, or for any other reason. These products
include formulated mercury-added products and fabricated mercury-added products.
(10) “Mercury fever thermometer” means a mercury-added product that is used for measuring
body temperature. This does not include a fever thermometer with a mercury-added button
cell battery.
(11) “Motor vehicle” means a vehicle propelled by an internal combustion engine or an electric
motor, such as an automobile, van, truck, motorized construction equipment, motorized
recreational vehicle, motorcycle, or forklift.
(12) “End-of-life motor vehicle” means a motor vehicle that has not been intentionally
flattened, crushed, shredded, or baled if sold, given, or otherwise conveyed to a
motor vehicle recycler or scrap metal recycling facility for the purpose of recycling.
(13) “Mercury-added vehicle switch” means a capsule, commonly known as a bullet, containing
mercury, that is part of a convenience light switch assembly for motor vehicle trunks
and hoods or is part of the anti-lock brake system.
(14) “Motor vehicle recycler” means an individual or entity engaged in the business of
acquiring, dismantling, parts recycling, or destroying six or more end-of-life motor
vehicles in a year.
(15) “Scrap metal recycling facility” means a facility at a fixed location that uses equipment
to process and refabricate scrap metal into prepared grades and principally produces
scrap iron, steel, or nonferrous metallic scrap for sale.
(16) “Mercury-containing thermostat” means a product or device that uses a mercury switch
to sense and control room temperature through communication with heating, ventilating,
or air-conditioning equipment. “Mercury-containing thermostat” includes thermostats
used to sense and control room temperature in residential, commercial, industrial,
and other buildings but does not include a thermostat used to sense and control temperature
as part of a manufacturing process.
(17) “Person” means any individual, corporation, partnership, cooperative, association,
firm, sole proprietorship, governmental agency, or other entity.
(18) “Thermostat retailer” means a person who sells thermostats of any kind directly to
homeowners or other nonprofessionals through any selling or distribution mechanism,
including sales using the Internet or catalogues. A retailer may also be a wholesaler
if it meets the definition of wholesaler.
(19) “Thermostat wholesaler” means a person that is engaged in the distribution and wholesale
sale of heating, ventilation, and air-conditioning components to contractors who install
heating, ventilation, and air-conditioning components.
(20) “Four-foot linear fluorescent lamp” means a general purpose, low-pressure, mercury-containing,
electric-discharge light source in which a fluorescing coating transforms some of
the ultraviolet energy generated by the mercury discharge into visible light, and
includes all of the following characteristics:
(A) two bases or endcaps of any type, including single-pin, two-pin, or recessed double
contact;
(B) light emission between a correlated color temperature of 1700K and 24000K and a Duv
of +0.024 and –0.024 in the International Commission on Illumination (CIE) Uniform
Color Space (CAM02-UCS);
(C) all tube diameters, including T2, T5, T8, T10, and T12; and
(D) four feet in length. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 1; 2007, No. 149 (Adj. Sess.), § 2; 2021, No. 120 (Adj. Sess.), § 2, eff. July 1, 2022.)
§ 7103. Multistate clearinghouse
The Agency is authorized to participate in the establishment and implementation of
a regional, multistate clearinghouse to assist in carrying out the requirements of
this chapter, to coordinate State review of manufacturer notification under section 7104 of this title, applications for alternative product labeling under section 7106 of this title, exemption requests from product sale restrictions under section 7105 of this title, education and outreach activities, and to coordinate any other activities related
to the administration of this chapter. Notwithstanding 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with product information submitted
to the Department under section 7104 of this title, and the Agency and the multistate clearinghouse may compile or publish analyses
or summaries of such information, provided the analyses or summaries do not identify
any manufacturer or reveal any confidential information. (Added 2005, No. 13, § 1.)
§ 7104. Notification
(a) Effective July 1, 2006, no mercury-added product may be offered for final sale, sold
at a final sale, or distributed in Vermont, unless the manufacturer or its designated
industrial trade group gives prior notification in writing to the Agency or the multistate
clearinghouse described in section 7103 of this chapter, as provided in this section.
This notification, in a form approved by the Agency, at a minimum shall include:
(1) a brief description of the product or category of products to be offered for sale
or distributed;
(2) the purpose for which mercury is used in each individual product or category of products;
(3) the amount of mercury in each unit of the product or product component, reported as
an exact number or as falling within a range approved by the Agency;
(4) the name and address of the manufacturer, or manufacturers, and the name, address,
and telephone number of a contact person for the manufacturer; and
(5) the total amount of mercury in all units of the product or product components sold
in the United States during the most recent calendar year for which sales figures
are available, reported either for the units or components sold by the manufacturer
or as aggregated by a manufacturer trade association for all units of the product
or components made by the industry.
(b) With the approval of the Agency or multistate clearinghouse, the manufacturer may
supply the information required in this section for a product category rather than
an individual product. The manufacturer or its designated industrial trade group shall
revise the information in the notification whenever there is a significant change
in the information or when requested by the Agency or the multistate clearinghouse.
The information required under subdivision (a)(5) of this section must be updated
and provided to the Agency or multistate clearinghouse every three years on a date
established through the multistate clearinghouse.
(c) [Repealed.]
(d) The requirements of this section do not apply to drugs approved by the U.S. Food and
Drug Administration or to any mercury-added product for which federal law governs
notice in a manner that preempts State authority.
(e) Public disclosure of any business information submitted to the Agency pursuant to
this section shall be governed by the requirements of 1 V.S.A. § 317. Notwithstanding the provisions of 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with copies of that information,
and the Agency, in consultation with the clearinghouse, may compile or publish analyses
or summaries of that information, provided the analyses or summaries do not identify
any manufacturer or reveal any confidential information. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 2.)
§ 7105. Restrictions on the sale and use of certain mercury-added products
(a) Novelties. After July 1, 2006, no mercury-added novelty may be offered for sale, sold at final
sale, or distributed in Vermont. This ban on sale or distribution shall not apply
to a novelty incorporating one or more button cell batteries, or one or more mercury-added
lamps, as its only mercury-added components. Manufacturers that produce and sell mercury-added
novelties must notify retailers about the provisions of this product ban and how to
return the remaining inventory to the manufacturer.
(b) Thermometers and thermostats. After July 1, 2006, no mercury fever thermometer or mercury-containing thermostat
for the control of space heating or cooling may be offered for final sale, sold at
final sale, or distributed in Vermont.
(c) Dairy manometers. After January 1, 2006, no mercury dairy manometer may be offered for final sale, sold
at a final sale, or distributed in Vermont, with the exception of a mercury dairy
manometer purchased by a licensed dairy service provider to calibrate customers’ manometers
and other milking equipment. The Agency of Agriculture, Food and Markets will notify
dairy service providers of this product ban and how to dispose properly of remaining
inventory. The Agency of Agriculture, Food and Markets and Vermont solid waste districts
and municipalities will continue their education, outreach, and assistance programs
for dairy farms, focusing on the hazards of mercury, and encouraging dairy farmers
to replace their mercury-containing manometers with mercury-free alternatives in an
effort to help further reduce mercury in the environment.
(d) Elemental mercury.
(1) Effective July 1, 2006, no person may sell or provide elemental mercury to another
person in Vermont, except for recycling or disposal purposes, without providing a
“material safety data sheet,” as defined in 42 U.S.C. § 11049, and requiring the purchaser or recipient to sign a statement that the purchaser:
(A) will use the mercury only for medical, manufacturing, or research purposes;
(B) understands that mercury is toxic, and the purchaser or recipient will store and use
it appropriately so that no person is exposed to the mercury; and
(C) will not place the mercury in solid waste for disposal or in a wastewater treatment
and disposal system and will not allow anyone under the purchaser’s or recipient’s
control to place or cause mercury to be placed in such a location.
(2) Effective July 1, 2006, no person may purchase elemental mercury from someone outside
the State of Vermont for use in Vermont without a certified statement from the purchaser
provided to the Agency, certifying that the conditions specified in subdivision (1)
of this subsection, if applicable, have been met. These conditions shall not apply
to the sale or provision of elemental mercury for manufacturing, recycling, or disposal
purposes.
(e) Instruments, measuring devices, and neon signs.
(1) Effective January 1, 2007, none of the following mercury-added products may be offered
for final sale, sold at a final sale, or distributed in Vermont as a new manufactured
product:
(A) a barometer;
(B) an esophageal dilator, bougie tube, or gastrointestinal tube;
(C) a flow meter;
(D) a hydrometer;
(E) a hygrometer or psychrometer;
(F) a manometer other than a manometer prohibited from sale under subsection (c) of this
section;
(G) a pyrometer;
(H) a sphygmomanometer;
(I) a thermometer that contains elemental mercury, other than a mercury fever thermometer;
and
(J) a mercury-added neon type sign.
(2) This prohibition does not apply to the sale of a mercury-added product listed in subdivisions
(1)(A)-(J) of this subsection if use of the product is a federal requirement, or if
the only mercury-added component of the product is a button cell battery. This prohibition
does not apply to the sale of mercury-added lamps when used in semiconductor manufacturing
and other manufacturing operations.
(f) Mercury switches and relays. Effective January 1, 2007, no mercury switch or mercury relay, individually or as
a product component, may be offered for final sale, sold at a final sale, or distributed
in Vermont as a new manufactured product. This subsection does not apply to the sale
of a mercury switch or mercury relay if the manufacturer provides satisfactory documentation
that the use of the switch or relay is a federal requirement.
(g) Fluorescent lamps. Beginning on January 1, 2024, no four-foot linear fluorescent lamp may be offered
for final sale, sold at final sale, or distributed in Vermont as a new manufactured
product.
(h) Exclusion for existing equipment. The prohibitions in subsections (e) and (f) of this section do not apply if the switch,
relay, or measuring device is used to replace a switch, relay, or measuring device
that is a component of a larger product in use prior to January 1, 2007, provided
the owner of that equipment has made every reasonable effort to determine that no
compatible nonmercury replacement component exists.
(i) Exemptions.
(1) A manufacturer of a mercury-added switch, relay, or measuring device may apply to
the Agency and notify the multistate clearinghouse for an exemption from the sales
ban in subsections (e) and (f) of this section, provided that exemption shall be for
not more than five years. With Agency approval, an agent of the manufacturer, who
may be a user, may apply for an exemption.
(2) The manufacturer or agent of the manufacturer seeking an exemption to offer for sale,
sell, or distribute a switch, relay, or measuring device in Vermont after January
1, 2007 shall apply for the exemption not later than March 1, 2006. Exemption applications
for new types of switches, relays, or measuring devices developed and intended to
begin initial sale or distribution after January 1, 2007 must be received at least
nine months prior to the intended offer for sale, the sale, or the distribution in
Vermont.
(3) Application for the exemption or exemption renewal shall be on a form and be supported
by the information and materials required by the agency. The exemption application
shall document the basis for the requested exemption or renewal of exemption and describe
how the manufacturer will ensure that a system exists for the proper collection, transportation,
and processing of the switches, relays, or measuring devices at the end of their useful
life.
(4) The Agency may grant an exemption with or without conditions upon findings that:
(A) a system exists for the proper collection, transportation, and processing of the product
at the end of its life, including a system for the direct return of a waste product
to the manufacturer or a collection and recycling system that is supported by an industry
or trade group, or other similar private or public sector efforts;
(B) one of the following applies:
(i) use of the product provides a net benefit to the environment, public health, or public
safety when compared to available nonmercury alternatives; or
(ii) technically feasible alternatives are not available at reasonable cost; and
(C) with respect to renewals of an exemption, in addition to subdivisions (A) and (B)
of this subdivision (4), reasonable efforts have been made to remove mercury from
the product.
(5) Prior to issuing an exemption or conditional exemption, the Agency may consult with
the multistate clearinghouse and other states to promote consistency in the implementation
of this section.
(6) The Agency may renew, for a period not longer than five years, an exemption or conditional
exemption one or more times if the manufacturer applies for renewal, and the Agency
finds that the manufacturer meets the requirements for that exemption, and that the
manufacturer has complied with all the conditions of the original approval. With Agency
approval, an agent of the manufacturer may apply for the exemption renewal.
(7) The prohibition in subsection (g) of this section shall not apply to the following
four-foot linear fluorescent lamps:
(A) lamps used for image capture and projection, including photocopying, printing directly
or in pre-processing, lithography, film and video projection, and holography; and
(B) lamps that have high proportions of ultraviolet light emission, including only the
following:
(i) lamps with high ultraviolet content that have ultraviolet power >2 milliwatts per
kilolumen (mW/klm);
(ii) lamps for germicidal use or destruction of DNA that emit a peak radiation of approximately
253.7 nanometers;
(iii) lamps used for disinfection or fly trapping where the radiation power emitted is between
250–315 nanometers represents >5 % or is between 315–400 nanometers represents >20
% of the total radiation power emitted is between 250–800 nanometers;
(iv) lamps used for the generation of ozone where the primary purpose is to emit radiation
at approximately 185.1 nanometers;
(v) lamps used for coral zooxanthellae symbioses where the radiation power emitted between
400–480 nanometers represents >40 % of total radiation power emitted is between 250–800
nanometers; and
(vi) any lamp intended for use in a sunlamp product, as that term is defined in 21 C.F.R. § 1040.20. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 3; 2007, No. 63, § 2; 2021, No. 120 (Adj. Sess.), § 3, eff. July 1, 2022; 2023, No. 6, § 83, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 10, eff. July 1, 2024.)
§ 7106. Labeling of mercury-added products
(a) No mercury-added product may be offered for final sale, sold at a final sale, or distributed
in Vermont after July 1, 2007, unless both the product and its packaging are labeled
in accordance with this section. This requirement also may be met by compliance with
the terms of any approved alternative labeling method granted under subsection (h)
or (i) of this section. A retailer may not be found in violation of this subsection
if the retailer lacked knowledge that the product contained mercury.
(b) This section shall not apply to mercury-added button cell batteries, products containing
mercury-added button cell batteries, photographic film, or the packaging of these
products.
(c) If a mercury-added component is part of another product, the product containing the
component, the component, and the product package must be labeled. The label on a
product containing a mercury-added component shall identify the component with sufficient
detail so that it may be readily located for removal.
(d) All labels must be legible and must clearly inform the purchaser or consumer, using
words or symbols, in a minimum of 10 point font type, that mercury is present in the
product and clearly specify that the mercury-added product should not be disposed
of or placed in a waste stream destined for disposal until the mercury is removed
and reused, recycled, or otherwise managed to ensure that the mercury in the product
does not become mixed with other solid waste or wastewater. Component, product, and
package labels must be placed such that they are clearly visible. A label must also
be visible prior to sale.
(e) Labels affixed to the product or any component shall be constructed of materials that
are sufficiently durable to remain legible for the useful life of the product.
(f) Responsibility for product and package labels required under this section shall be
on the manufacturer. In the case of a multi-component product in which a mercury-added
component is included, the responsible manufacturer is the last manufacturer to produce
or assemble the product. In the case of a mercury-added product imported from a foreign
country, the importer shall assure the manufacturer has complied with this section
before the offering for final sale or distribution of the product in Vermont.
(g) Any mercury-added product for which federal law governs labeling in a manner that
preempts State authority shall be exempt from the requirements of this section. This
section shall not apply to prescription drugs or any substance that may lawfully be
sold over the counter without a prescription under the Federal Food, Drug and Cosmetic
Act, 21 U.S.C. §§ 301 et seq.
(h) Alternative methods of labeling are as follows:
(1)(A) A manufacturer may apply to the Agency or the multistate clearinghouse for an alternative
to the requirements of subsections (a) through (f) and (i) of this section where:
(i) strict compliance with the requirements is not feasible as determined by the Agency;
(ii) the proposed alternative would be at least as effective in providing presale notification
of mercury content;
(iii) the proposed alternative would be at least as effective in providing instructions
on proper disposal; or
(iv) federal law governs labeling in a manner that preempts State authority.
(B) The Agency may approve an alternative concerning a certain product category without
application by manufacturers, but the Agency must consider other alternatives for
the category upon application by a manufacturer for the use of an unapproved alternative.
(2) Applications for an alternative to the requirements of subsections (a) through (f)
and (i) of this section must:
(A) document the justification for the requested alternative;
(B) describe how the alternative ensures that purchasers or recipients of mercury-added
products are made aware of mercury content prior to purchase or receipt;
(C) describe how a person discarding the mercury-added product will be made aware of the
need for proper handling to ensure that it does not become part of solid waste or
wastewater;
(D) document the readiness of all necessary parties to implement the proposed alternative;
and
(E) describe the performance measures to be utilized by the manufacturer to demonstrate
that the alternative is providing effective presale notification and predisposal notification.
(3) The Agency may grant, deny, or approve with modifications or conditions a request
for an alternative to the requirements of subsections (a) through (f) and (i) of this
section. This approval of an alternative shall be for a period, specified by the Agency,
of no less than two years. The Agency may review alternatives and modify or condition
a previously approved alternative after providing notice to the affected parties.
Modifications shall be implemented within a time frame approved by the Agency, which
shall not exceed two years. Requests for renewals shall be submitted 90 days before
the expiration of the approval. Prior to approving an alternative, the Agency may
consult with states, provinces, and regional organizations to review consistency with
other states that have similar legislation.
(4) Alternatives that authorize font sizes less than 10-point type that have been approved
by the Agency prior to July 1, 2005 shall remain in effect until July 1, 2015.
(i) The following alternative methods of labeling for specific products are approved,
and no further Agency approval is required:
(1) Labeling of a large appliance sold in a store where that appliance is on display shall
meet all requirements of subsections (a) through (f) of this section, except that
no package labeling is required.
(2) Labeling of all new motor vehicles shall meet all the requirements of subsections
(a) through (f) of this section, except that the mercury-added components are not
required to be labeled. A driver’s side doorpost label applied by the manufacturer
shall list the mercury-added components that may be present on the vehicle. Only in
the case of a trade of a new vehicle by a dealer with a dealer in another state shall
the motor vehicle dealer be responsible for applying the doorpost label to the vehicle.
No labeling of used motor vehicles shall be required. For motor vehicles without doorposts,
label placement will be subject to the approval of the Agency.
(3)(A) Labeling of products that contain, as their only mercury-added components, one or
more lamps not intended to be replaceable by the user or consumer that are used for
one or more of the purposes enumerated in this subdivision shall meet all the requirements
of subsections (a) through (f) of this section, except no label is required on the
internal lamp, no label is required on the package, and no label is required to be
visible prior to purchase. A label must be included in the care and use manual or
in the event that no care and use manual is produced for the product, the product
instructions.
(i) Lamp purposes subject to this subdivision shall be:
(I) backlighting;
(II) liquid crystal display (LCD) panel;
(III) scanning images; or
(IV) copying images.
(ii) This subdivision (A) shall apply to products containing lamps used for other purposes,
if those products are approved under subsection (h) of this section, except that there
need not be compliance in this instance with the requirement established in subdivision
(h)(1)(A)(ii), regarding the effectiveness of the proposed alternative.
(B) Labeling of products with a screen or LCD panel less than seven inches on the diagonal
that contain, as their only mercury-added components, one or more lamps not intended
to be replaceable by the user or consumer that are used for backlighting shall meet
all the requirements of subsections (a) through (c) of this section by placing the
label on the product or in the care and use manual or in the event that no care and
use manual is produced for the product, the product instructions. No label is required
on the internal lamp, and no label shall be required to be visible prior to purchase.
(C) Labeling of a product that contains as its only mercury-added components a lamp or
lamps at least one of which is intended to be replaceable by the user or consumer
must meet the labeling requirements of subsections (a) through (f) of this section,
except no label is required to be visible prior to purchase. A label must also be
included in the care and use manual or in the event that no care and use manual is
produced for the product, the product instructions. If the replaceable lamp is placed
within a housing intended to be replaceable by the user or consumer, the housing must
also be labeled.
(D) Labeling of replacement components for products in subdivision (A) or (B) of this
subdivision (3) shall meet all the requirements of subsections (a) through (f) of
this section by labeling the package on the replacement component.
(4) [Repealed.]
(j) A manufacturer who offers for final sale, sells at a final sale, or distributes a
product subject to the labeling requirements of this section shall certify to the
Secretary, on a form provided by the Secretary, that the label conforms to the requirements
of subsection (d) or (i) of this section. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 4; 2007, No. 63, § 3, eff. June 4, 2007; 2009, No. 56, § 26.)
§ 7107. Discarded mercury-added products
(a) Management of discarded mercury-added products. After July 1, 2007, discarded mercury-added products, except for mercury-added button
cell batteries, products containing mercury-added button cell batteries as their only
mercury-added components, and photographic film shall be managed as provided in this
section.
(1) Disposal ban. No person shall knowingly dispose of mercury-added products in a solid waste landfill
or combustor.
(2) Source separation. Except as otherwise provided by this section, every person who discards solid waste
shall separate mercury-added products from that solid waste for management as hazardous
waste or universal hazardous waste, according to all applicable State and federal
rules or regulations. Any contractor who replaces or removes mercury-added products
shall assure that any discarded mercury-added product is subject to proper separation
and management as a hazardous waste or universal hazardous waste. Any contractor who
replaces a mercury-containing thermostat from a building shall deliver the mercury-containing
thermostat to an appropriate collection location for recycling.
(b) Facility requirements. Solid waste transfer, combustion facility, and landfill facility requirements:
(1) Disposal ban. Effective July 1, 2007, the owner and operator of a solid waste landfill, transfer
station, or combustion facility shall not knowingly accept for disposal mercury-added
products.
(2) Notification of disposal ban. Effective July 1, 2007, solid waste transfer facilities, solid waste combustion facilities,
and landfill facilities shall implement the following minimum mechanisms to notify
the public and haulers of the disposal ban:
(A) posting of clearly visible and easily read signs at the facility, providing notice
of the prohibition of the disposal and combustion of mercury-added products; and
(B) providing customers information about collection programs, and facilities that are
permitted to accept mercury-added products.
(c) Collection program.
(1) By December 1, 1998, every solid waste implementation plan of every solid waste management
district or municipality having such a plan shall be amended to provide for:
(A) an informational effort to advise the public about labeled mercury-added products;
and
(B) a collection program for the collection of mercury-added products identified in subsection
(a) of this section.
(2) These amended plans shall be implemented by each solid waste management district or
municipality by June 1, 1999. Components of these amended plans that are related to
subdivisions (1)(A) and (B) of this subsection shall not be required to receive approval
from the Agency of Natural Resources.
(d) Removal of mercury-added components. The Agency shall conduct a study and make recommendations for requirements to remove
effectively and feasibly mercury-added components in products prior to disposal or
recycling processes. This report shall identify removal and collection systems at
public and private solid waste management facilities and salvage businesses, manufacturer-sponsored
or operated collection and take-back programs, and other feasible programs. The Agency
will identify costs mechanisms for financing such programs. The study shall address
removal and collection of mercury-added components in automobiles and the collection
of switches, relays, and gauges in home appliances, heating devices, and other equipment.
The Agency shall report to the General Assembly no later than January 15, 2006.
(e) Exemption for certain federally regulated products. If a formulated mercury-added product is a cosmetic or pharmaceutical product subject
to the federal Food and Drug Administration’s regulatory requirements relating to
mercury, the product is exempt from the requirements of this section.
(f) Exemption for solidified latex paint. Formulated mercury-added latex paint solidified for disposal is exempt from the requirements
of this section. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 5; 2007, No. 149 (Adj. Sess.), § 3; 2019, No. 131 (Adj. Sess.), § 45.)
§ 7109. Mercury in schools
After July 1, 2006, no school in Vermont may use, or purchase for use, in a primary
or secondary nonvocational education program, any of the following: elemental mercury,
chemicals containing mercury or mercury compounds, or mercury-added measuring devices.
Other mercury-added products that are used by schools are not subject to this prohibition.
No person shall bring elemental mercury onto the premises or into the buildings of
schools located in Vermont, including child care facilities, preschools, kindergartens,
and primary and secondary schools. (Added 2005, No. 13, § 1.)
§ 7110. Mercury-added products used in dental procedures
(a) Dental amalgam, a formulated mercury-added product, shall not be regulated by any
other sections of this chapter.
(b) Vermont dental offices and vocational dental education programs shall use and instruct
on the use of best management practices to minimize the presence of elemental mercury,
unused amalgam, and waste amalgam in their wastewater discharge and in their solid
waste. The Agency shall develop best management practices that include a requirement
for an amalgam removal efficiency of at least 95 percent. The required best management
practices shall be defined by a procedure of the Agency by January 1, 2006, including
reporting requirements to verify compliance with best management practices. The Agency
shall consult with the Vermont State Dental Society and other interested parties during
the development of best management practices. Dental offices shall comply with best
management practices.
(c) No later than January 1, 2007, a dental office that in the course of treating its
patients places or removes dental amalgam must install an amalgam separator system
in the wastewater discharge line. For the purposes of this section, an amalgam separator
system means a device that removes dental amalgam from the waste stream prior to discharge
into either the local public wastewater system or a private septic system located
at the dental facility and that has been certified as conforming to the standards
of ISO 11143, Dental Equipment—Amalgam Separators. A dental office must demonstrate
proper installation, operation, maintenance, and amalgam waste recycling or disposal
in accordance with the manufacturer’s recommendations by maintaining annual records
on waste shipment and maintenance of the system and any other reporting required in
subsection (b) of this section. Records of the previous three years shall be maintained
at all times. Methods or technologies other than amalgam separators that achieve equivalent
or greater dental amalgam discharge reductions and that are approved by the Agency
shall be deemed to comply with the requirements of this subsection.
(d) Exemptions.
(1) The following categories of dental offices are exempt from the requirement to install
an amalgam separator:
(A) Orthodontists;
(B) Periodontists;
(C) Endodontists;
(D) Oral and maxillofacial surgeons;
(E) A dental office that is scheduled to no longer be used as a dental office after July
1, 2007;
(F) Any other dental office that does not place or remove amalgam.
(2) A dental office in subdivision (1) of this subsection shall be exempt only if all
dentists practicing at the site using a shared vacuum system qualify for an exemption.
(e) The Agency shall conduct a survey of dental offices once every five years, beginning
July 1, 2006, to ascertain the use of dental amalgam. The survey results shall be
provided to the Advisory Committee on Mercury Pollution for inclusion in their report
to the General Assembly. The Agency shall consult with the Vermont State Dental Society
for assistance in conducting the survey.
(f) For the purposes of this section:
(1) “Dental amalgam” or “amalgam” means a mixture of mercury and silver alloy that forms
a hard solid metal dental restorative material. For purposes of this section, dental
amalgam or amalgam shall include mercury and silver alloy precapsulated and ready
for mixing.
(2) “Dental office” means any dental clinic, dental office, or dental practice. (Added 2005, No. 13, § 1.)
§ 7111. Hospital mercury reduction plan
By July 1, 2006, each hospital in Vermont shall submit a mercury reduction plan to
the Agency, consistent with guidance provided by the Agency. The plan will cover all
patient care sites owned or operated by the hospital. The plan shall identify and
quantify mercury use and disposal related to patient care, including equipment and
chemicals to the extent known through mercury content information provided by manufacturers
or maintained by the Agency through labeling plans and notification. The plan will
also set target mercury use reduction goals from the 2002 baseline year and will identify
measures to be taken by the hospital to reduce mercury in patient care settings through
reductions in use of equipment and chemicals containing mercury and through modifications
in the hospital’s purchasing policies and procedures with regard to products containing
mercury. An updated plan shall be submitted on July 1, 2009 and each three years thereafter.
The Agency may exempt a hospital from future plan updates if the hospital has achieved
greater than 95 percent reduction in mercury use from the baseline year and has demonstrated
to the Agency that written purchasing policies are in place to minimize or eliminate
mercury use in products. (Added 2005, No. 13, § 1.)
§ 7112. Public education and outreach
(a) The Agency and the Department of Health, in concert with other relevant State agencies,
may implement a comprehensive public education, outreach, and assistance program for
households, hazardous waste generators, municipalities, and solid waste management
districts, small businesses, health care facilities, scrap metal facilities, dismantlers,
institutions, schools, and other interested groups. These public education, outreach,
and assistance programs should focus on the hazards of mercury, particularly those
associated with the consumption of fresh and saltwater fish; the requirements and
obligations of individuals, manufacturers, and agencies under this chapter; and voluntary
efforts that individuals, institutions, and businesses can undertake to help further
reduce mercury in the environment. These programs may also provide information to
retailers, wholesalers, and the public on what products contain mercury, including
those considered to be banned novelty items under section 7105 of this title; information on possible nonmercury alternatives; and information on products that
do contain mercury, but may be environmentally beneficial. The Agency shall cooperate
with manufacturers of mercury-added products and other affected businesses in the
development and implementation of any public education and technical assistance programs.
The Agency and the Department of Health may assist the municipalities and solid waste
management districts in developing, designing, and disseminating information for the
public about mercury-added products, the requirements of the law regarding the source
separation of waste mercury-added products, and the collection programs that are available
to the public, including any manufacturer-based reverse distribution system. A component
of this information may be directed specifically at large public and private institutions
that use and discard substantial numbers of waste mercury-added products and at any
other large users of those products.
(b) The Agency shall cooperate with neighboring states and provinces and regional organizations
in the northeastern United States and Canada to develop any outreach, assistance,
and education programs, where appropriate.
(c) The Agency may develop an awards program to recognize the accomplishments of manufacturers,
municipalities, solid waste management facilities, solid waste recycling facilities,
household hazardous waste collection facilities, citizens, or others who go beyond
the minimum requirements established under this chapter, and excel at reducing or
eliminating mercury in air emissions, solid waste, and wastewater discharges. (Added 2005, No. 13, § 1.)
§ 7113. Repealed. 2011, No. 148 (Adj. Sess.), § 13.
§ 7114. Mercury planning
(a) The Agency shall develop a plan and identify the necessary resources to accomplish
the plan that would provide the necessary data to answer the following questions concerning
mercury contamination of fish:
(1) Are fish contaminant levels changing with time and in response to management actions?
(2) Is there a baseline water-column concentration of mercury above which risks to humans
and wildlife from mercury become unacceptable?
(b) The plan shall be developed in collaboration among the Departments of Environmental
Conservation, of Fish and Wildlife, and of Health and be submitted to the General
Assembly not later than January 15, 2006. (Added 2005, No. 13, § 1.)
§ 7115. Rulemaking
The Secretary of Natural Resources is authorized to adopt rules necessary to implement
this chapter. (Added 2005, No. 13, § 1.)
§ 7116. Mercury-containing thermostats
(a) Manufacturer responsibility. Each thermostat manufacturer that has offered for final sale, sold at final sale,
or has distributed mercury-containing thermostats in Vermont shall, individually or
collectively:
(1) Not later than October 1, 2008 submit a plan to the Agency for approval that describes
a collection and financial incentive program for mercury thermostats. The program
contained in this plan shall ensure that the following take place:
(A) That an effective education and outreach program shall be developed and shall be directed
toward wholesalers, retailers, contractors, and homeowners. There shall be no cost
to thermostat wholesalers or thermostat retailers for education and outreach materials.
(B) That handling and recycling of mercury-containing thermostats are accomplished in
a manner that is consistent with the provisions of the universal waste rules adopted
by the Secretary.
(C) That containers for mercury-containing thermostat collection are provided to all thermostat
wholesalers. The cost to thermostat wholesalers shall be limited to an initial, reasonable
one-time fee per container as specified in the plan.
(D) That collection systems are provided to all collection points registered pursuant
to subdivision (d)(3) of this section. Collection systems can include individual product
mail back or multiple collection containers. The cost to registered collection points
shall be limited to an initial, reasonable one-time fee per container as specified
in the plan.
(E) That a financial incentive is established with a minimum value of $5.00 for the return
of each mercury-containing thermostat to a thermostat wholesaler by a contractor or
service technician. The financial incentive shall be in the form of cash or coupons
that are redeemable by the contractor or service technician.
(F) That a financial incentive is established with a minimum value of $5.00 to homeowners
or nonprofessionals for the return of each mercury-containing thermostat to a collection
point registered with the Agency. The financial incentive shall be in the form of
cash or in the form of a coupon that can be redeemed for cash from the manufacturer
or can be redeemed for a credit toward purchase of general merchandise in the retail
location where the thermostat was returned.
(G) Mechanisms to protect against the fraudulent return of thermostats are established.
(2) No later than April 1, 2009, implement a mercury thermostat collection plan approved
by the Secretary under subdivision (d)(1) of this section.
(3) [Repealed.]
(b) Thermostat wholesaler and thermostat retailer responsibilities.
(1) By April 1, 2009, a thermostat wholesaler shall not offer for final sale, sell at
final sale, or distribute thermostats unless the wholesaler:
(A) acts as a collection site for thermostats that contain mercury; and
(B) promotes and utilizes the collection containers provided by thermostat manufacturers
to facilitate a contractor collection program as established by subsection (a) of
this section, and all other tasks as needed to establish and maintain a cost-effective
manufacturer collection and financial incentive program.
(2) By April 1, 2009, a thermostat retailer shall not offer for final sale, sell, or distribute
thermostats in the State unless the thermostat retailer participates in an education
and outreach program to educate consumers on the collection program for mercury thermostats.
(c) Sales prohibition. Beginning April 1, 2009, the following sales prohibitions shall apply to manufacturers,
thermostat wholesalers, and thermostat retailers:
(1) A manufacturer not in compliance with this section is prohibited from offering any
thermostat for final sale in the State, selling any thermostat at final sale in the
State, or distributing any thermostat in the State. A manufacturer not in compliance
with this section shall provide the necessary support to thermostat wholesalers and
thermostat retailers to ensure the manufacturer’s thermostats are not offered for
final sale, sold at final sale, or distributed in this State.
(2) A thermostat wholesaler or thermostat retailer shall not offer for final sale, sell
at final sale, or distribute in this State any thermostat of a manufacturer that is
not in compliance with this section.
(d) Agency responsibilities.
(1) Agency review. Within 60 days of receipt of a complete application from a manufacturer, the Agency
shall review and may grant, deny, or approve with modifications a manufacturer plan
required by subdivision (a)(1) of this section. The Agency shall not approve a plan
unless all elements of subdivision (a)(1) are adequately addressed. In reviewing a
plan, the Agency may consider consistency of the plan with collection and financial
incentive requirements in other states and consider consistency between manufacturer
collection programs. In reviewing plans, the Agency shall ensure that education and
outreach programs are uniform and consistent to ensure ease of implementation by thermostat
wholesalers and thermostat retailers.
(2) Public review. The Agency shall establish a process under which a plan submitted by a manufacturer
is, prior to plan approval, available for public review and comment for 30 days. The
Agency shall consult with interested persons, including representatives from thermostat
manufacturers, environmental groups, thermostat wholesalers, thermostat retailers,
service contractors, municipalities, and solid waste districts.
(3) Registered collection points. The Agency shall maintain and post on the Agency of Natural Resources’ website a list
of municipalities, solid waste districts, and thermostat retailers who wish to register
as collection points for mercury thermostats.
(4) Education and outreach. In conjunction with the educational and outreach programs implemented by manufacturers,
the Agency shall conduct an education and outreach program directed toward wholesalers,
retailers, contractors, and homeowners to promote the collection of discarded mercury-containing
thermostats.
(5) [Repealed.]
(e) Rate of collection. By July 1, 2010, the Agency shall estimate the number of out-of-service thermostats
generated in Vermont on an annual basis, in consultation with interested persons,
including representatives from thermostat manufacturers, thermostat wholesalers, thermostat
retailers, service contractors, environmental groups, municipalities, and solid waste
districts. Beginning July 1, 2011, should collection efforts fail to result in the
collection and recycling of at least 65 percent of the out-of-service mercury-containing
thermostats in the State, the Agency shall, in consultation with interested persons,
require modifications to manufacturers’ collection plans in an attempt to improve
collection rates in accordance with these goals. (Added 2007, No. 149 (Adj. Sess.), § 4; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)