§ 2470h. Consumer warnings; notification; phase-outs
Except to the extent specifically preempted by federal law:
(1) Wheel weights. Beginning January 1, 2010, the State of Vermont shall not use wheel weights containing
lead in vehicles owned by the State or vehicles operated by the State under a long-term
lease. Beginning September 1, 2011, no person shall sell or offer for sale in or into
the State of Vermont a new motor vehicle with wheel weights containing lead.
(2)(A) Plumbing fixtures and related supplies. As prescribed by the Attorney General, beginning January 1, 2009, and ending December
31, 2009, any person who sells or offers for sale in or into the State of Vermont
plumbing fixtures whose wetted surfaces contain more than a weighted average of 0.25
percent lead shall clearly and conspicuously post a warning at the point of sale stating
that these products contain lead and shall also provide to each buyer prior to sale
information on the risks of lead exposure.
(B) Beginning January 1, 2010, no person shall sell or offer for sale in or into the State
of Vermont, or use in the State of Vermont, solder or flux for plumbing containing
more than 0.2 percent lead, or plumbing fixtures whose wetted surfaces contain more
than a weighted average of 0.25 percent lead.
(C) As prescribed by the Attorney General, beginning January 1, 2009, any person who sells
or offers for sale in or into the State of Vermont solder or flux containing more
than 0.2 percent lead shall clearly and conspicuously post a warning at the point
of sale stating that these products contain lead and shall also provide to each buyer
prior to sale information on the risks of lead exposure.
(D) For the purpose of this subdivision (2) of this section:
(i) the term “plumbing fixtures” means pipes, pipe and plumbing fittings, and fixtures
used to convey or dispense water for human consumption;
(ii) the “weighted average” lead content shall be calculated by using the following formula:
the percentage of lead content within each component that comes into contact with
water shall be multiplied by the percent of the total wetted surface of the entire
pipe and pipe fitting, plumbing fitting, or fixture represented in each component
containing lead; these percentages shall be added; and the sum shall constitute the
weighted average lead content of the pipe and pipe fitting, plumbing fitting, or fixture.
(3) Nonresidential paints and primers. As prescribed by the Attorney General, beginning January 1, 2009, and ending December
31, 2010, any person who sells or offers for sale in or into the State of Vermont
nonresidential paints and primers containing lead shall clearly and conspicuously
post a warning at the point of sale stating that these products contain lead and shall
also provide to each buyer prior to sale information on the risks of lead exposure.
Beginning January 1, 2011, no person shall sell or offer for sale in or into the State
of Vermont nonresidential paints or primers containing lead. Beginning January 1,
2012, no person shall use nonresidential paints or primers containing lead in the
State of Vermont.
(4) Salvage building materials. As prescribed by the Attorney General, beginning January 1, 2009, any person in commerce
who sells or offers for sale in or into the State of Vermont salvage building materials
made prior to 1978 shall clearly and conspicuously post a warning at the point of
sale stating that these products may contain lead and shall also provide to each buyer
prior to sale information on the risks of lead exposure.
(5) Other. The Attorney General, in consultation with the Commissioner of Health, may by rule
require warnings, notifications, or a combination of these relating to other products
containing lead. (Added 2007, No. 193 (Adj. Sess.), § 2.)