The Vermont Statutes Online
The Vermont Statutes Online does not include the actions of the 2024 session of the General Assembly. We expect them to be updated by November 1st.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 18: Health
Chapter 033B: PFAS in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments
§ 1681. Definitions
As used in this chapter:
(1) “Aftermarket stain and water resistant treatments” means treatments for textile and leather consumer products used in residential settings that have been treated during the manufacturing process for stain, oil, and water resistance but excludes products marketed or sold exclusively for use at industrial facilities during the manufacture of a carpet, rug, clothing, or shoe.
(2) “Department” means the Department of Health.
(3) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component.
(4) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the same meaning as in section 1661 of this title.
(5) “Rug or carpet” means a thick fabric used to cover floors. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
§ 1682. Rugs and carpets
(a) A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a residential rug or carpet to which PFAS have been intentionally added in any amount.
(b) This section shall not apply to the sale or resale of used products. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
§ 1683. Aftermarket stain and water resistant treatments
(a) A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State aftermarket stain and water resistant treatments for rugs or carpets to which PFAS have been intentionally added in any amount.
(b) This section shall not apply to the sale or resale of used products. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
§ 1684. Certificate of compliance
The Attorney General may request a certificate of compliance from a manufacturer of rugs, carpets, or aftermarket stain and water resistant treatments. Within 30 days after receipt of the Attorney General’s request for a certificate of compliance, the manufacturer shall:
(1) provide the Attorney General with a certificate attesting that the manufacturer’s product or products comply with the requirements of this chapter; or
(2) notify persons who are selling a product of the manufacturer’s in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
§ 1685. Rulemaking
Pursuant to 3 V.S.A. chapter 25, the Commissioner shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
§ 1686. Penalties
(a) A violation of this chapter 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.
(b) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
