§ 7181. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Natural Resources.
(2) “Consumer product” means any product that is regularly used or purchased to be used
for personal, family, or household purposes.
(3) “Covered entity” means any person who presents to a collection facility or event that
is included in an approved collection plan any number of covered household hazardous
products, with the exception of large quantity generators or small quantity generators
as those terms are defined in the Agency of Natural Resources’ Vermont Hazardous Waste
Regulations.
(4)(A) “Covered household hazardous product” means a consumer product offered for retail
sale that is contained in the receptacle in which the product is offered for retail
sale, if the product has any of the following characteristics:
(i) the product or a component of the product is a hazardous waste under subchapter 2
of the Vermont Hazardous Waste Management Regulations, regardless of the status of
the generator of the hazardous waste; or
(ii) the product is a gas cylinder.
(B) “Covered household hazardous product” does not mean any of the following:
(i) a primary or rechargeable battery;
(ii) a lamp that contains mercury;
(iii) a thermostat that contains mercury;
(iv) paint products as that term is defined in section 6672 of this title;
(v) a covered electronic device as that term is defined in section 7551 of this title;
(vi) a pharmaceutical drug;
(vii) citronella candles;
(viii) flea and tick collars;
(ix) pesticides required to be registered with the Agency of Agriculture, Food and Markets;
(x) products that are intended to be rubbed, poured, sprinkled on, sprayed on, introduced
into, or otherwise applied to the human body or any part of a human for cleansing,
moisturizing, sun protection, beautifying, promoting attractiveness, or altering appearance,
unless designated as a hazardous material or a hazardous waste by the Secretary of
Natural Resources; or
(xi) gas cylinders determined by the Secretary by rule not to pose an unacceptable risk
to human health, solid waste facility operation, or the environment, and which are
not hazardous waste.
(5)(A) “Gas cylinder” means:
(i) any nonrefillable cylinder and its contents supplied to a consumer for personal, family,
or household use and shall include those containing flammable pressurized gas, spray
foam insulating products, single-use and rechargeable handheld fire extinguishers,
helium, or carbon dioxide, of any size not exceeding any cylinder with a water capacity
of 50 pounds, including seamless cylinders and tubes, welded cylinders, and insulated
cylinders intended to contain helium, carbon dioxide, or flammable materials such
as propane, butane, or other flammable compressed gasses; or
(ii) refillable cylinders containing propane for personal, family, or household use not
exceeding a water capacity of one pound.
(B) “Gas cylinder” does not include any medical or industrial-grade cylinder.
(6)(A) “Manufacturer” means a person who:
(i) manufactures or manufactured a covered household hazardous product under its own brand
or label for sale in the State;
(ii) sells in the State under its own brand or label a covered household hazardous product
produced by another supplier;
(iii) owns a brand that it licenses or licensed to another person for use on a covered household
hazardous product sold in the State;
(iv) imports into the United States for sale in the State a covered household hazardous
product manufactured by a person without a presence in the United States;
(v) manufactures a covered household hazardous product for sale in the State without affixing
a brand name; or
(vi) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined
under subdivisions (i) through (v) of this subdivision (6)(A), provided that the Secretary
may enforce the requirements of this chapter against a manufacturer defined under
subdivisions (i) through (v) of this subdivision (6)(A) if a person who assumes the
manufacturer’s responsibilities fails to comply with the requirements of this chapter.
(B) “Manufacturer” does not mean a person set forth under subdivisions (A)(i)–(vi) of
this subdivision (6) if the person manufacturers, sells, licenses, or imports less
than $5,000.00 of covered household hazardous products in the United States in a program
year and is registered with the Secretary.
(7) “Orphan covered product” means a covered household hazardous product for which no
manufacturer is participating in a stewardship organization pursuant to section 7182 of this title.
(8) “Program year” means the period from January 1 through December 31.
(9) “Retailer” means a person who sells a covered household hazardous product in the State
through any means, including a sales outlet, a catalogue, the telephone, the internet,
or any electronic means.
(10) “Secretary” means the Secretary of Natural Resources.
(11) “Sell” or “sale” means any transfer for consideration of title or of the right to
use by lease or sales contract a covered household hazardous product to a person in
the State of Vermont. “Sell” or “sale” does not include the sale, resale, lease, or
transfer of a used covered household hazardous product or a manufacturer’s wholesale
transaction with a distributor or a retailer.
(12) “Stewardship organization” means a legal entity such as an organization, association,
or entity that has developed a system, method, or other mechanism that assumes the
responsibilities, obligations, and liabilities under this chapter of multiple manufacturers
of covered household hazardous products and that is:
(A) exempt from taxation under 26 U.S.C. §501(c)(3) of the Internal Revenue Code; and
(B) created by a group of producers to implement a collection plan in accordance with
section 7183 of this title. (Added 2023, No. 58, § 2, eff. June 12, 2023; amended 2025, No. 59, § 7, eff. June 11, 2025.)