The Vermont Statutes Online

Title 18: Health

Chapter 039: Cleaning Products in Schools

• § 1781. Definitions

  As used in this chapter:

  (1) “Air freshener” means an aerosol spray, liquid deodorizer, plug-in product, para-di-chlorbenzene block, scented urinal screen, or other product used to mask odors or freshen the air in a room.

  (2) “Antimicrobial pesticide” means a product regulated by the federal Insecticide, Fungicide and Rodenticide Act that is intended to:

  (A) disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or

  (B) protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime.

  (3) “Cleaning product” means an institutional compound intended for routine cleaning, including general purpose cleaners, bathroom cleaners, glass cleaners, carpet cleaners, floor care products, and hand soaps. Cleaning product shall not mean an antimicrobial pesticide.

  (4) “Conventional cleaning product” means a cleaning product that is not an environmentally preferable cleaning product.

  (5) “Distributor” means any person or entity that distributes cleaning products commercially, but excludes retail stores.

  (6) “Environmentally preferable cleaning product” means a cleaning product that has a lesser or reduced effect on human health and the environment when compared to competing products serving the same purpose.

  (7) “Green cleaning” means a practice that includes:

  (A) the use of a cleaning product certified as environmentally preferable by an independent third party or an environmentally preferable cleaning product used by the Department of Buildings and General Services;

  (B) best practices that follow accepted management standards and improve indoor air quality; and

  (C) equipment that facilitates effective cleaning.

  (8)(A) “Independent third party” means a nationally recognized organization that has developed a program for the purpose of certifying environmentally preferable cleaning products. The independent third party’s certification program shall:

  (i) define a manufacturer’s certification fees;

  (ii) identify any potential conflicts of interest;

  (iii) base certification on consideration of human health and safety, ecological toxicity, other environmental impacts, and resource conservation as appropriate for the product and its packaging on a life-cycle basis;

  (iv) develop certification standards in an open, public, and transparent manner that involves the public and key stakeholders;

  (v) periodically revise and update the standards to remain consistent with current research about the impacts of chemicals on human health;

  (vi) monitor and enforce the standards for the purpose of certification, and have the authority to inspect the manufacturing facility and periodically do so, and have a registered or legally protected certification mark; and

  (vii) make the standards easily accessible to purchasers and manufacturers.

  (B) In the alternative, “independent third party” means any organization otherwise deemed by the Department of Health to satisfactorily assess and certify environmentally preferable cleaning products.

  (9) “Manufacturer” means any person or entity engaged in the process of manufacturing cleaning products for commercial distribution.

  (10) “School” means:

  (A) A public school in Vermont, including a regional career technical center and a comprehensive high school.

  (B) An approved independent school. (Added 2011, No. 68 (Adj. Sess.), § 1a; amended 2013, No. 92 (Adj. Sess.), § 302, eff. Feb. 14, 2014.)

• § 1782. Environmentally preferable cleaning products

  (a) A distributor or manufacturer of cleaning products shall sell, offer for sale, or distribute to a school, school district, supervisory union, or procurement consortium only:

  (1) environmentally preferable cleaning products utilized by the Department of Buildings and General Services under State contracts; or

  (2) cleaning products certified as environmentally preferable by an independent third party.

  (b) A person who contracts with a school, school district, or supervisory union to provide cleaning services for a school only shall use a cleaning product that meets the requirements of subdivisions (a)(1) and (2) of this section.

  (c) Nothing in this chapter shall be construed to regulate the sale, use, or distribution of antimicrobial pesticides.

  (d) A distributor or manufacturer of cleaning products shall provide a green cleaning training to each school district it provides with environmentally preferable cleaning products, provided the training is incurred at no cost to the school district. (Added 2011, No. 68 (Adj. Sess.), § 1a.)

• § 1783. Environmentally preferable air fresheners

  (a) A distributor or manufacturer shall sell, offer for sale, or distribute air fresheners to a school, school district, supervisory union, or procurement consortium only if the air fresheners are certified as environmentally preferable by an independent third party.

  (b) A person who contracts with a school, school district, or supervisory union to provide cleaning services for a school shall only use air fresheners that meet the requirements of subsection (a) of this section. (Added 2011, No. 68 (Adj. Sess.), § 1a.)

• § 1784. Penalty exemption

  Nothing in this chapter shall cause a person to be subject to the fine established in section 7 of this title. (Added 2011, No. 68 (Adj. Sess.), § 1a.)