§ 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.)