The Vermont Statutes Online

Title 18: Health

Chapter 029: Offenses Against Public Health

• §§ 1501-1503. Repealed. 1977, No. 147 (Adj. Sess.).

• § 1504. Distribution of samples of medicine

  A person, firm, or corporation that distributes or causes to be distributed a free or trial sample of a medicine, drug, chemical, or chemical compound, by leaving the same exposed upon the ground, sidewalks, porch, doorway, letter box, or in any other manner that children may become possessed of the same shall be fined not more than $300.00 nor less than $100.00.

• § 1505. Repealed. 1977, No. 147 (Adj. Sess.).

• §§ 1506-1509. Reserved for future use. [Repealed]

• § 1510. Improper possession, use, or sale of glues and hazardous inhalants; penalty

  (a) As used in this section:

  (1) “Glue containing a solvent having the property of releasing toxic vapors or fumes” means any glue, cement, or other adhesive containing one or more of the following chemical compounds: acetone, cellulose acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene trichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene, or such other similar material as the Commissioner shall by regulation prescribe.

  (2) “Hazardous inhalants” means any of the preparation of compounds containing one or more of the chemical compounds amyl nitrite, isoamyl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite, or any other akyl nitrite compound that is either designed to be used, or commonly used, as an inhalant.

  (b) No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes from any hazardous inhalants or from any glue containing a solvent having the property of releasing toxic vapors or fumes. Nothing in this subsection shall be interpreted as applying to the inhalation of any anesthesia or inhalant for medical or dental purposes.

  (c) No person shall, for the purpose of violating subsection (b) of this section, use or possess for the purpose of using any hazardous inhalants or any glue containing a solvent having the property of releasing toxic vapors or fumes.

  (d) A person who violates this section shall be fined not more than $25.00.

  (e) The State’s Attorney may require as a condition of diversion that a person who is charged with a violation of this section shall attend and complete a substance abuse program at the person’s own expense. A person who is convicted of violating this section and who is placed on probation, shall, as a condition of probation, be required to attend and complete a substance abuse program at the person’s own expense. (Added 1993, No. 150 (Adj. Sess.), § 1.)

• § 1511. Phthalates

  (a) As used in this section:

  (1) “Child care article” means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

  (2) “Phthalate” means any one of a group of chemicals used as plasticizers to provide flexibility and durability to plastics such as polyvinyl chloride (PVC).

  (3) “Toy” means any product designed or intended by the manufacturer to be used by children when they play.

  (b) Beginning July 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent.

  (c) Beginning July 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product can be placed in the child’s mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.

  (d) Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this section.

  (e) Manufacturers shall not replace phthalates, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA’s “List of Chemicals Evaluated for Carcinogenic Potential” as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.

  (f) Manufacturers shall not replace phthalates, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.

  (g) A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.

  (h) Nothing in this section shall be construed to regulate firearms; ammunition or components thereof; pellets from air rifles; shooting ranges or circumstances resulting from shooting, handling, storing, casting, or reloading ammunition; or hunting or fishing equipment or components thereof. (Added 2007, No. 171 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012.)

• § 1512. Bisphenol A

  (a) As used in this section:

  (1) “Baby food” means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger and that is commercially available.

  (2) “Bisphenol A” means an industrial chemical used primarily in the manufacture of polycarbonate plastic and epoxy resins.

  (3) “Infant formula” means a milk-based or soy-based powder, concentrated liquid, or ready-to-feed substitute for human breast milk that is intended for infant consumption and that is commercially available.

  (4) “Reusable food or beverage container” means a receptacle for storing food or beverages, including baby bottles, spill-proof cups, sports bottles, and thermoses. The term does not include food or beverage containers intended for disposal after initial usage. The term shall not include commercial water cooler jugs.

  (b) Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any reusable food or beverage container containing bisphenol A.

  (c)(1) Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a plastic container or jar that contains bisphenol A.

  (2) Beginning July 1, 2014, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a can that contains bisphenol A.

  (d) Manufacturers shall use the least toxic alternative when replacing bisphenol A in accordance with this section.

  (e) Manufacturers shall not replace bisphenol A, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA’s “List of Chemicals Evaluated for Carcinogenic Potential” as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.

  (f) Manufacturers shall not replace bisphenol A, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.

  (g) A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies, as provided under 9 V.S.A. chapter 63, subchapter 1. (Added 2009, No. 112 (Adj. Sess.), § 2, eff. May 19, 2010; amended 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012.)

• § 1513. Tanning facilities; minors; penalty

  (a) As used in this section:

  (1) “Operator” means a person designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct in the operation and use of the tanning facility or tanning equipment.

  (2) “Tanning equipment” means any device that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including a sunlamp, tanning booth, or tanning bed.

  (3) “Tanning facility” means any location, place, area, structure, or business that provides persons access to any tanning equipment, including tanning salons, health clubs, apartments, and condominiums, regardless of whether a fee is charged for access to the tanning equipment.

  (b) This section shall apply to any tanning facility in Vermont; provided, however, that it shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.

  (c) It shall be unlawful for a tanning facility or operator to allow any person who has not yet reached 18 years of age to use any tanning equipment.

  (d) Any tanning facility or operator that allows a person under 18 years of age to use any tanning equipment shall be subject to a civil penalty of not more than $100.00 for the first offense and not more than $500.00 for any subsequent offense. An action to enforce this section shall be brought in the Judicial Bureau pursuant to 4 V.S.A. chapter 29.

  (e) The Commissioner of Health shall adopt such rules as are necessary to carry out the provisions of this section.

  (f) A tanning facility owner, lessee, or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases, or operates in this State a notice developed by the Commissioner of Health addressing the following:

  (1) that it is unlawful for a tanning facility or operator to allow a person under 18 years of age to use any tanning equipment;

  (2) that a tanning facility or operator that violates the provisions of this section shall be subject to a civil penalty;

  (3) that an individual may report a violation of the provisions of this section to his or her local law enforcement agency; and

  (4) the health risks associated with tanning. (Added 2011, No. 97 (Adj. Sess.), § 1; amended 2023, No. 6, § 118, eff. July 1, 2023.)