§ 6672. Definitions
As used in this subchapter:
(1) “Aerosol coating product” means a pressurized coating product containing pigments
or resins dispensed by means of a propellant and packaged and sold in a disposable
aerosol container for handheld application, or for use in specialized equipment for
ground traffic or marking applications.
(2) “Architectural paint” means interior and exterior architectural coatings, including
interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings,
that are sold in containers of five gallons or less. “Architectural paint” does not
mean industrial coatings, original equipment coatings, or specialty coatings.
(3) “Coating-related product” means a product used as a paint additive, paint thinner,
paint colorant, paint remover, surface sealant, surface preparation, or surface adhesive,
and sold for home improvement. “Coating-related product” does not mean original equipment
manufacturer products or industrial products.
(4) “Distributor” means a company that has a contractual relationship with one or more
producers to market and sell paint to retailers in Vermont.
(5) “Energy recovery” means recovery in which all or a part of the solid waste materials
are processed in order to use the heat content or other forms of energy of or from
the material.
(6) “Environmentally sound management practices” means policies to be implemented by a
producer or a stewardship organization to ensure compliance with all applicable laws
and also addressing such issues as adequate record keeping, tracking and documenting
the fate of materials within the State and beyond, and adequate environmental liability
coverage for professional services and for the operations of the contractors working
on behalf of the producer organization.
(7) “Municipality” means a city, town, or a village.
(8) “Nonindustrial coating” means arts and crafts paint, automotive refinish paint, driveway
sealer, faux finish or glaze, furniture oil, furniture paint, lime wash, lime paint,
marine paint, antifouling paint, road and traffic marking paint, two-component paint,
wood preservative, fire retardant paint, dry fog paint, chalkboard paint, and conductive
paint, sold in containers of five gallons or less for commercial and homeowner use,
but does not include coatings purchased for industrial or original equipment manufacturer
use.
(9)(A) “Paint product” includes:
(i) architectural paint;
(ii) aerosol coating products;
(iii) coating-related products; and
(iv) nonindustrial coatings.
(B) “Paint product” does not include a health and beauty product.
(10) “Postconsumer paint” means a paint product and its containers not used and no longer
wanted by a purchaser.
(11) “Producer” means a manufacturer of paint products who sells, offers for sale, or distributes
that paint in Vermont under the producer’s own name or brand.
(12) “Recycling” means any process by which discarded products, components, and byproducts
are transformed into new usable or marketable materials in a manner in which the original
products may lose their identity but does not include energy recovery or energy generation
by means of combusting discarded products, components, and byproducts with or without
other waste products.
(13) “Retailer” means any person that offers a paint product for sale at retail in Vermont.
(14) “Reuse” means the return of a product into the economic stream for use in the same
kind of application as originally intended, without a change in the product’s identity.
(15) “Secretary” means the Secretary of Natural Resources.
(16) “Sell” or “sale” means any transfer of title for consideration, including remote sales
conducted through sales outlets, catalogues, or the internet or any other similar
electronic means.
(17) “Stewardship organization” means a nonprofit corporation or nonprofit organization
created by a producer or group of producers to implement the Paint Product Stewardship
Program required under this subchapter. (Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2025, No. 59, § 14, eff. June 11, 2025.)