SG 089/25
The US state of Vermont has amended its legislation on products containing per- and polyfluoroalkyl substances (PFAS) and other chemicals.
In May 2024, Vermont approved S25 (Act 131) to regulate PFAS and other chemicals in a wide variety of products (SafeGuardS 86/24).
This Act was codified in several subchapters under Chapter 63 to Title 9 of the state’s Commerce and Trade Laws in relation to consumer protection:
- Subchapter 12 ‘Chemicals in Cosmetics and Menstrual Products’
- Subchapter 12A “PFAS in Consumer Products’
- Subchapter 12B ‘PFAS in Firefighting Agents and Equipment’
- Subchapter 12C ‘Chemicals of Concern in Food Packaging’
Specifically, Act 131, prohibits intentionally added PFAS in:
- Aftermarket stain and water-resistant treatments (for rugs and carpets)
- Artificial turfs
- Class B firefighting foams
- Cookware
- Cosmetics and menstrual products
- Food packaging
- Incontinency protection products
- Juvenile products (used by infants and children under 12 years of age)
- Residential rugs and carpets
- Ski waxes
- Textiles and textile articles
This Act took effect in July 2024, with many of the bans on the use of intentionally added PFAS in specified products become operative in January 2026.
On June 11, 2025, the governor of Vermont signed H238 (Act 54) into law to amend several provisions under 9 VSA Chapter 63. Key highlights include:
- Introducing several new terms and definitions:
- ‘Cleaning products’ – a compound intended for routine cleaning, including, but not limited to, general-purpose cleaners and hand soaps
- ‘Dental floss’ – a string-like device made of cotton or other fibers to remove plaque and food particles from between the teeth to reduce teeth decay
- ‘Fluorinated treated containers’ – fluorinated treated plastic containers
- Complex durable products – a consumer product produced from at least 100 manufactured components, with an intended useful life of at least five years, where the product is not typically consumed, destroyed or discarded after a single use. This includes replacement parts for goods not subject to phase-out.
- Clarification that children’s all-terrain vehicles (as defined in 23 VSA § 3801) are not considered juvenile products
- Expands the existing prohibition of intentionally added PFAS in specified products to include cleaning products, dental floss and personal protective equipment (see Table 1 below)
- Prohibits the use of fluorinated treated containers, with a blanket ban from 2032 (see Table 1 below)
- Pushes back the ban on intentionally added PFAS in cookware by two and a half years (see Table 1 below)
- Directs the Secretary of Natural Resources (SNR) to provide recommendations by January 15, 2033, on how to address PFAS in complex durable products
- Directs the SNR to submit a report by January 15, 2027, on the regulation of PFAS in consumer products in other states
Highlights of several provisions in the amendment are summarized in Table 1
| Substance | Scope | Requirement | Effective date |
|---|---|---|---|
| PFAS |
| Written notice if containing PFAS | July 1, 2025 |
| -- |
| Prohibited | July 1, 2027 (sell, offer for sale and distribute for sale or use) |
| PFAS |
| Prohibited if intentionally added | July 1, 2027 |
| Prohibited if intentionally added | July 1, 2028 (formerly January 1, 2026) | |
| Prohibited if intentionally added | July 1, 2029 | |
| Written notice if containing PFAS | ||
| -- |
| Prohibited | January 1, 2032 (manufacture, sell, offer for sale and distribute for sale or use) |
| PFAS |
| Prohibited if intentionally added | July 1, 2032 |
1Uniform shirts and pants worn by firefighting personnel in the performance of their duties, often underneath personal protective equipment 21) Aftermath stain and water-resistant treatments, 2) artificial turfs, 3) cleaning products, 4) cookware, 5) dental floss, 6) incontinency protection products, 7) juvenile products, 8) residential rugs and carpets and 9) ski waxes 3Clothing to be worn by firefighting personnel in the performance of their duties that are designed for use in fire and rescue activities, including gloves, helmets, jackets, pants, respiratory equipment and shoes | |||
Table 1.
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