Download this document in MS Word format
BILL AS PASSED HOUSE AND SENATE 2007-2008

AutoFill Template

S.82

AN ACT RELATING TO THE USE OF VERMONT ADDRESSES AND REPRESENTATIONS OF VERMONT ORIGIN

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

Sec. 1.  ATTORNEY GENERAL; REPRESENTATIONS OF VERMONT
 ORIGIN; RULEMAKING

(a)  The attorney general shall amend the Representations of Vermont Origin rule CF 120.07 to include the following language:  “A company whose business it is to ship, distribute, or similarly process goods or provide services may use a Vermont address to describe the location of its own facilities in Vermont.  The company may also use, and permit the use of, its own name and Vermont address, as long as the company also discloses the name and out‑of‑state address of its client to identify where payments, returns, customer service inquiries, or similar transactions should be directed, and, when shipping goods, may use the name of the out‑of‑state client without that client’s address as long as the out‑of‑state address is provided within a reasonably short period of time, such as on an invoice.  A shipper or fulfillment house may not use, or permit the use of, a Vermont address to describe the location of its out‑of‑state client in connection with the advertising, marketing, or selling of the client’s goods or services.”

(b)  Notwithstanding any provision of law to the contrary and without having to comply with any further rulemaking requirements, the attorney general shall amend the Representations of Vermont Origin rule CF 120.07 by filing a revised adopted rule with the secretary of state and the legislative committee on administrative rules.

Sec. 2.  10 V.S.A. § 7105(e)(1)(J) is amended to read:

(J)  A mercury-added neon type sign or lamp.

Sec. 3.  10 V.S.A. § 7106(i)(3) is amended to read:

(3)(A)(i)  Labeling of products that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for one or more of the purposes enumerated in this subdivision shall meet all the requirements of subsections (a) through (f) of this section, except no label is required on the internal lamp, no label is required on the package, and no label is required to be visible prior to purchase.  A label must be included in the care and use manual or product instructions, if any in the event that no care and use manual is produced for the product, the product instructions.

(i)  Lamp purposes subject to this subdivision shall be:

(I)  backlighting;

(II)  liquid crystal display (LCD) panel;

(III)  scanning images; or

(IV)  copying images.

(ii)  This subdivision (A) shall apply to products containing lamps used for other purposes, if those products are approved under subsection (h) of this section, except that there need not be compliance in this instance with the requirement established in subdivision (h)(1)(A)(ii), regarding the effectiveness of the proposed alternative.

(B)  Labeling of products with a screen or LCD panel less than seven inches on the diagonal that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for backlighting shall meet all the requirements of subsections (a) through (c) of this section by placing the label on the product or in the care and use manual or product instructions, if any in the event that no care and use manual is produced for the product, the product instructions.  No label is required on the internal lamp, and no label shall be required to be visible prior to purchase.

(C)  Labeling of a product that contains as its only mercury-added components a lamp or lamps at least one of which is intended to be replaceable by the user or consumer must meet the labeling requirements of subsections (a) through (f) of this section, except no label is required to be visible prior to purchase. A label must also be included in the care and use manual or product instructions, if any in the event that no care and use manual is produced for the product, the product instructions.  If the replaceable lamp is placed within a housing intended to be replaceable by the user or consumer, the housing must also be labeled.

(D)  Labeling of replacement components for products in subdivision (A) or (B) of this subdivision (3) shall meet all the requirements of subsections (a) through (f) of this section by labeling the package on the replacement component.

Sec. 4.  ELECTRONICS LABELING

(a)  Notwithstanding the labeling requirements contained in subsection 7106(a) of Title 10, the following products shall not be offered for final sale,  sold at a final sale, or distributed in Vermont on or after October 1, 2007,  unless both the product and its packaging are labeled in accordance with  section 7106 of Title 10:

(1)  A product that was manufactured on or after October 1, 2007 with a screen or an LCD panel more than seven inches on the diagonal that contains, as its only mercury-added component, one or more lamps not intended to be replaceable by the user or consumer; or

(2)  A product that was manufactured on or after October 1, 2007 that  contains as its only mercury-added component a replaceable lamp that is  placed within a housing intended to be replaceable by the user or consumer used in a projection system or projection television; or

(3)  A product that was manufactured on or after October 1, 2007 that contains as its only mercury-added component, one or more nonreplaceable or nonremovable mercury-added lamps used for backlighting, LCD panels,  scanning images or copying images.

(b)  The requirement of subsection (a) of this section may also be met by compliance with the terms of any approved alternative labeling method granted under subsection 7106(h) or (i) of Title 10.

(c)  A retailer may not be found in violation of this section if the retailer lacked knowledge that the product contained mercury.

Sec. 5.  EFFECTIVE DATE; REPEAL

(a)  This act shall be effective upon passage.

(b)  Sec. 4 of this act shall be repealed on July 1, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us