§ 2494e. Definitions [Effective January 1, 2026]
As used in this subchapter:
(1) “Adult mattress” means a mattress other than a crib or toddler mattress.
(2) “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.
[Subdivision (3) effective until July 1, 2028; see also subdivision (3) effective July
1, 2028 set out below.]
(3) “Apparel” means any of the following:
(A) Clothing items intended for regular wear or formal occasions, including undergarments,
shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits,
saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports
uniforms, everyday swimwear, formal wear, onesies, bibs, reusable diapers, footwear,
and everyday uniforms for workwear. Clothing items intended for regular wear or formal
occasions do not include clothing items for exclusive use by the U.S. Armed Forces,
outdoor apparel for severe wet conditions, and personal protective equipment.
(B) Outdoor apparel.
[Subdivision (3) effective July 1, 2028; see also subdivision (3) effective until July
1, 2028 set out above.]
(3) “Apparel” means any of the following:
(A) Clothing items intended for regular wear or formal occasions, including undergarments,
shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits,
saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports
uniforms, everyday swimwear, formal wear, onesies, bibs, reusable diapers, footwear,
and everyday uniforms for workwear. Clothing items intended for regular wear or formal
occasions do not include clothing items for exclusive use by the U.S. Armed Forces
and personal protective equipment.
(B) Outdoor apparel.
(C) Outdoor apparel for severe wet conditions.
(4) “Artificial turf” means a surface of synthetic fibers that is used in place of natural
grass in recreational, residential, or commercial applications.
(5) “Cleaning product” means a compound intended for routine cleaning, including general
purpose cleaners, bathroom cleaners, glass cleaners, carpet cleaners, floor care products,
and hand soaps. “Cleaning product” does not mean an antimicrobial pesticide.
(6) “Cookware” means durable houseware items used to prepare, dispense, or store food,
foodstuffs, or beverages and that are intended for direct food contact, including
pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking
utensils.
(7) “Dental floss” means a string-like device made of cotton or other fibers intended
to remove plaque and food particles from between the teeth to reduce tooth decay.
The fibers of the device may be coated with wax for easier use.
(8) “Fluorine treated container” means a fluorinated treated plastic container.
(9) “Incontinency protection product” means a disposable, absorbent hygiene product designed
to absorb bodily waste for use by individuals 12 years of age and older.
[Subdivision (10) effective until July 1, 2027; see also subdivision (10) effective
July 1, 2027 set out below.]
(10) “Intentionally added” means the addition of a chemical in a product that serves an
intended function in the product component.
[Subdivision (10) effective July 1, 2027; see also subdivision (10) effective until
July 1, 2027 set out above.]
(10) “Intentionally added PFAS” means PFAS added to a product regulated under this subchapter
or one of its product components to provide a specific characteristic, appearance,
or quality or to perform a specific function. “Intentionally added PFAS” also includes
any degradation byproducts of PFAS or PFAS that are intentional breakdown products
of an added chemical. For the purposes of this chapter, the use of PFAS as a processing
agent, mold release agent, or intermediate is considered intentional introduction
where PFAS are detected in the final covered product.
(11) “Juvenile product” means a product designed or marketed for use by infants and children
under 12 years of age:
(A) including a baby or toddler foam pillow; bassinet; bedside sleeper; booster seat;
changing pad; infant bouncer; infant carrier; infant seat; infant sleep positioner;
infant swing; infant travel bed; infant walker; nap cot; nursing pad; nursing pillow;
pacifier; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow; portable
foam nap mat; portable infant sleeper; portable hook-in chair; soft-sided portable
crib; stroller; toddler mattress; and disposable, single-use diaper;
(B) excluding a children’s electronic product, such as a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating
a video screen, or any associated peripheral such as a mouse, keyboard, power supply
unit, or power cord; a medical device; or an adult mattress; and
(C) excluding children’s all-terrain vehicles, as that term is defined under 23 V.S.A. § 3801.
(12) “Manufacturer” means any person engaged in the business of making or assembling a
consumer product directly or indirectly available to consumers. “Manufacturer” excludes
a distributor or retailer, except when a consumer product is made or assembled outside
the United States, in which case a “manufacturer” includes the importer or first domestic
distributor of the consumer product.
(13) “Medical device” has the same meaning given to “device” in 21 U.S.C. § 321.
(14) “Outdoor apparel” means clothing items intended primarily for outdoor activities,
including hiking, camping, skiing, climbing, bicycling, and fishing.
(15) “Outdoor apparel for severe wet conditions” means outdoor apparel that are extreme
and extended use products designed for outdoor sports experts for applications that
provide protection against extended exposure to extreme rain conditions or against
extended immersion in water or wet conditions, such as from snow, in order to protect
the health and safety of the user and that are not marketed for general consumer use.
Examples of extreme and extended use products include outerwear for offshore fishing,
offshore sailing, whitewater kayaking, and mountaineering.
(16) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated
organic chemicals containing at least one fully fluorinated carbon atom.
(17) “Personal protective equipment” has the same meaning as in section 2494p of this title.
[Subdivision (18) effective until July 1, 2027; see also subdivision (18) effective
July 1, 2027 set out below.]
(18) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means:
(A) PFAS that a manufacturer has intentionally added to a product and that have a functional
or technical effect in the product, including PFAS components of intentionally added
chemicals and PFAS that are intentional breakdown products of an added chemical that
also have a functional or technical effect in the product; or
(B) the presence of PFAS in a product or product component at or above 100 parts per million,
as measured in total organic fluorine.
[Subdivision (18) effective July 1, 2027; see also subdivision (18) effective until
July 1, 2027 set out above.]
(18) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means:
(A) PFAS that a manufacturer has intentionally added to a product and that have a functional
or technical effect in the product, including PFAS components of intentionally added
chemicals and PFAS that are intentional breakdown products of an added chemical that
also have a functional or technical effect in the product; or
(B) the presence of PFAS in a product or product component at or above 50 parts per million,
as measured in total organic fluorine.
(19) “Rug or carpet” means a fabric marketed or intended for use as a floor covering.
(20) “Ski wax” means a lubricant applied to the bottom of snow runners, including skis
and snowboards, to improve their grip and glide properties.
(21) “Textile” means any item made in whole or part from a natural, manmade, or synthetic
fiber, yarn, or fabric, and includes leather, cotton, silk, jute, hemp, wool, viscose,
nylon, or polyester. “Textile” does not include single-use paper hygiene products,
including toilet paper, paper towels, tissues, or single-use absorbent hygiene products.
(22) “Textile articles” means textile goods of a type customarily and ordinarily used in
households and businesses, and includes apparel, accessories, handbags, backpacks,
draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins, and
table cloths. “Textile articles” does not include:
(A) a vehicle, as defined in 1 U.S.C. § 4, or its component parts;
(B) a vessel, as defined in 1 U.S.C. § 3, or its component parts;
(C) an aircraft, as defined in 49 U.S.C. § 40102(a)(6), or its component parts;
(D) filtration media and filter products used in industrial applications, including chemical
or pharmaceutical manufacturing and environmental control technologies;
(E) textile articles used for laboratory analysis and testing; and
(F) rugs or carpets. (Added 2023, No. 131 (Adj. Sess.), § 3, eff. January 1, 2026; amended 2025, No. 54, § 1, multiple effective dates; 2025, No. 54, § 2, eff. July 1, 2027; 2025, No. 54, § 3, eff. July 1, 2028.)