Legislation is being considered in the state house to dramatically change how PFAS is regulated in manufacturing. This proposal could greatly expand the scope of companies regulated for PFAS even if PFAS is not an intended part of their product, but rather present because of their manufacturing process or even contamination or other impurities. This latter change would put Vermont in a unique position relative to other states, and could set a concerning precedent for regulating other chemicals in manufactured products generally.
As currently proposed, the legislation would expand the scope of products banned in two stages, but also dramatically expand the sources of PFAS that would trigger such bans.
With regard to products, the bill would add in 2028 cleaning products, dental floss, fluorine-treated containers, and upholstered furniture to the list of specific products already banned or scheduled to be banned in the next few years listed below (it would also change the existing ban on food packaging from packaging making direct contact with food to also include surrounding packaging elements that do not make contact). Beyond these specific bans, the bill would also ban ALL consumer products (other than “complex durable goods” defined as having more than 100 parts and 5 year designed lifespan), but only after enough northeastern states adopt similar legislation to encompass a population exceeding 15 million people.
With regard to the sources of PFAS that would trigger a product’s ban, the proposal would enter unprecedented and concerning ground. Traditionally, Vermont and other state laws have banned products in which PFAS is “intentionally added”, defined as intentionally included in the product for a specific functionality. Under the new proposal, “intentionally added” PFAS would also include PFAS that might contaminate the product because (1) it is present in the manufacturing process (such as a releasing agent or lubricant) or even (2) it is present as a byproduct or impurity from any source. This last trigger is especially concerning because of potential environmental sources of PFAS (particularly for wood or other plant or natural products or components) that are arguably unavoidable or indistinguishable from background levels.
With such a change in the scope of “intentionally added”, even manufacturers who are or expected to be in compliance would have to reassess their exposure to potential PFAS contamination. Therefore it is particularly important for manufacturers who help produce or use any of the following products or components of such products to contact us at info@aivt.org:
- AFFF (Aqueous Film Forming Foam)
- Aftermarket stain and water-resistant treatments
- Artificial turf
- Carpets and rugs
- Cleaning products
- Cookware
- Cosmetic products
- Dental floss
- Fluorine treated containers
- Food packaging and containers
- Incontinency protection products
- Juvenile products
- Menstrual products
- Ski wax
- Upholstered furniture
AIV is coordinating state and national industry stakeholders to work with the legislature and administration on this issue, and by contacting us you can be sure to get the latest information and learn about options for engagement.