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BILL AS INTRODUCED 2007-2008

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H.858

Introduced by Representatives Spengler of Colchester, Fitzgerald of St. Albans City and Larocque of Barnet

Referred to Committee on

Date:

Subject:  Health; bisphenol A

Statement of purpose:  This bill proposes to ban the retail sale of products that contain the chemical bisphenol A, which is contained in certain hard plastic bottles and other plastic food containers.  The bill proposes that the ban be effective on July 1, 2009.  The bill proposes to require manufacturers of these products to notify retailers of the ban and how to return inventory to the manufacturer, and it would allow retailers to sell these products from the stock as it existed when the ban took effect.  It proposes to allow a manufacturer to obtain an exemption from the department of health for a period of no more than three years if the department determines that use of the product provides a net benefit to the environment, public health, or public safety when compared to available alternatives; or if it determines that technically feasible alternatives are not available at reasonable cost.


AN ACT RELATING TO BANNING THE RETAIL SALE OF PRODUCTS THAT CONTAIN THE CHEMICAL BISPHENOL A

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. chapter 39 is added to read:

CHAPTER 39.  CONSUMER PRODUCTS THAT IMPERIL HEALTH

§ 1771.  BAN ON FINAL SALE OF PRODUCTS CONTAINING

              BISPHENOL A

(a)  Ban on final sale of products containing bisphenol A.  Effective July 1, 2009, no product that contains bisphenol A may be offered for final sale, sold at final sale, or distributed in Vermont as a new manufactured product.  Manufacturers that produce and sell mercury-added novelties must notify retailers about the provisions of this product ban and how to return the remaining inventory to the manufacturer.

(b)  Inventory.  Notwithstanding the provisions of this section, a retailer may sell products containing bisphenol A from the retailer’s stock as it existed on the effective date of the prohibition established in this section.

(c)(1)  Exemptions.  A manufacturer of a product containing bisphenol A may apply to the department of health for an exemption from the sales ban in this section, provided that exemption shall be for not more than three years.  With department approval, an agent of the manufacturer who may be a user of the product may apply for an exemption.

(2)  The manufacturer or agent of the manufacturer seeking an exemption to offer for sale, sell, or distribute a product containing bisphenol A in Vermont after July 1, 2009 shall apply for the exemption not later than October 1, 2008.  Exemption applications for new products containing bisphenol A intended to begin initial sale or distribution after July 1, 2009 must be received at least nine months prior to the intended offer for sale, the sale, or the distribution in Vermont.

(3)  Application for the exemption or exemption renewal shall be on a form and be supported by the information and materials required by the department.  The exemption application shall document the basis for the requested exemption or renewal of exemption.

(4)  The department may grant an exemption with or without conditions upon findings that one of the following applies:

(A)  Use of the product provides a net benefit to the environment, public health, or public safety when compared to available alternatives; or

(B)  Technically feasible alternatives are not available at reasonable cost.

(C)  With respect to renewals of an exemption, in addition to subdivisions (A) and (B) of this subdivision (4), reasonable efforts have been made to remove bisphenol A from the product.

(5)  Prior to issuing an exemption or conditional exemption, the department may consult with other states to promote consistency in the implementation of this section.

(6)  The department may renew, for a period not longer than three years, an exemption or conditional exemption one or more times if the manufacturer applies for renewal and the department finds that the manufacturer meets the requirements for that exemption and that the manufacturer has complied with all the conditions of the original approval.  With department approval, an agent of the manufacturer may apply for the exemption renewal.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us