The Vermont Statutes Online
The Statutes below include the actions of the 2024 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 9 : Commerce and Trade
Chapter 063 : Consumer Protection
Subchapter 012A : PFAS IN CONSUMER PRODUCTS [EFFECTIVE JANUARY 1, 2026]
(Cite as: 9 V.S.A. § 2494e)-
§ 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) “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.
(6) “Incontinency protection product” means a disposable, absorbent hygiene product designed to absorb bodily waste for use by individuals 12 years of age and older.
(7) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component.
(8) “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; 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; and
(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.
(9) “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.
(10) “Medical device” has the same meaning given to “device” in 21 U.S.C. § 321.
(11) “Outdoor apparel” means clothing items intended primarily for outdoor activities, including hiking, camping, skiing, climbing, bicycling, and fishing.
(12) “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.
(13) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(14) “Personal protective equipment” has the same meaning as in section 2494p of this title.
[Subdivision (15) effective until July 1, 2027; see also subdivision (15) effective July 1, 2027 set out below.]
(15) “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 (15) effective July 1, 2027; see also subdivision (15) effective until July 1, 2027 set out above.]
(15) “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.
(16) “Rug or carpet” means a fabric marketed or intended for use as a floor covering.
(17) “Ski wax” means a lubricant applied to the bottom of snow runners, including skis and snowboards, to improve their grip and glide properties.
(18) “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.
(19) “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 2023, No. 131 (Adj. Sess.), § 4, eff. July 1, 2028; 2023, No. 131 (Adj. Sess.), § 5, eff. July 1, 2027.)
