ACT NO. 193
Consumer products; prohibition against lead
This act limits the content of lead in certain consumer products. The act sets a phased-in default standard for the content of lead that applies to consumer products regulated by the act unless otherwise specifically noted. As of October 1, 2008, containing lead shall mean containing or having a surface coating containing 0.06 percent of lead. As of July 1, 2009, the standard for containing lead shall be reduced to 0.03 percent lead. As of January 1, 2010, the standard for containing lead shall be reduced further to 0.01 percent lead.
The act prohibits the manufacture, sale, offer for sale, or introduction of a childrens product that contains lead at a level that exceeds the default standard. A childrens product is any consumer product that is marketed for use by children under the age of 12 or the use of which by children under 12 is reasonably foreseeable. The prohibition on lead in childrens products does not apply to: a part of a childrens product that is inaccessible; certain component parts; and certain power cords and similar devices. The act prohibits the manufacture, sale, offer for sale, or introduction of jewelry containing lead when the article of jewelry is a small part unless the jewelry is advertised as adult jewelry, is not commonly understood to be used by children under age 12, and is accompanied by a point of sale disclosure.
Beginning January 1, 2010, motor vehicles owned by the state or operated under a long-term lease by the state shall not use wheel weights containing lead. Beginning September 1, 2011, no person shall sell or offer for sale a new motor vehicle with wheel weights containing lead. Beginning January 1, 2009 and ending December 31, 2009, any person who sells or offers for sale in Vermont plumbing fixtures containing lead with more than 0.24 percent lead shall post a warning at the point of sale regarding the effects of lead exposure. Beginning January 1, 2010, no person shall sell or offer for sale plumbing fixtures or solder or flux for plumbing that contains more than 0.2 percent lead. Beginning January 1, 2009, and ending December 31, 2010, a person who sells nonresidential paints and primers containing lead shall post a warning at the point of sale. Beginning January 1, 2011, no person shall sell or offer for sale nonresidential paints or primer containing lead. Beginning January 1, 2009 a person that sells salvage building materials made prior to 1978 shall post a warning at the point of sale.
The attorney general shall have the same remedies and authority to enforce and implement the lead content requirements as are available under the state consumer fraud provisions. The act shall not be construed to regulate the content of firearms, ammunition or hunting or fishing equipment.
Effective Date: July 1, 2008.
The Vermont General Assembly
115 State Street