§ 7106. Labeling of mercury-added products
(a) No mercury-added product may be offered for final sale, sold at a final sale, or distributed in Vermont after July 1, 2007, unless both the product and its packaging are labeled in accordance with this section. This requirement also may be met by compliance with the terms of any approved alternative labeling method granted under subsection (h) or (i) of this section. A retailer may not be found in violation of this subsection if the retailer lacked knowledge that the product contained mercury.
(b) This section shall not apply to mercury-added button cell batteries, products containing mercury-added button cell batteries, photographic film, or the packaging of these products.
(c) If a mercury-added component is part of another product, the product containing the component, the component, and the product package must be labeled. The label on a product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.
(d) All labels must be legible and must clearly inform the purchaser or consumer, using words or symbols, in a minimum of 10 point font type, that mercury is present in the product and clearly specify that the mercury-added product should not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that the mercury in the product does not become mixed with other solid waste or wastewater. Component, product, and package labels must be placed such that they are clearly visible. A label must also be visible prior to sale.
(e) Labels affixed to the product or any component shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.
(f) Responsibility for product and package labels required under this section shall be on the manufacturer. In the case of a multi-component product in which a mercury-added component is included, the responsible manufacturer is the last manufacturer to produce or assemble the product. In the case of a mercury-added product imported from a foreign country, the importer shall assure the manufacturer has complied with this section before the offering for final sale or distribution of the product in Vermont.
(g) Any mercury-added product for which federal law governs labeling in a manner that preempts State authority shall be exempt from the requirements of this section. This section shall not apply to prescription drugs or any substance that may lawfully be sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq.
(h) Alternative methods of labeling are as follows:
(1)(A) A manufacturer may apply to the Agency or the multistate clearinghouse for an alternative to the requirements of subsections (a) through (f) and (i) of this section where:
(i) strict compliance with the requirements is not feasible as determined by the Agency;
(ii) the proposed alternative would be at least as effective in providing presale notification of mercury content;
(iii) the proposed alternative would be at least as effective in providing instructions on proper disposal; or
(iv) federal law governs labeling in a manner that preempts State authority.
(B) The Agency may approve an alternative concerning a certain product category without application by manufacturers, but the Agency must consider other alternatives for the category upon application by a manufacturer for the use of an unapproved alternative.
(2) Applications for an alternative to the requirements of subsections (a) through (f) and (i) of this section must:
(A) document the justification for the requested alternative;
(B) describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;
(C) describe how a person discarding the mercury-added product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;
(D) document the readiness of all necessary parties to implement the proposed alternative; and
(E) describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective presale notification and predisposal notification.
(3) The Agency may grant, deny, or approve with modifications or conditions a request for an alternative to the requirements of subsections (a) through (f) and (i) of this section. This approval of an alternative shall be for a period, specified by the Agency, of no less than two years. The Agency may review alternatives and modify or condition a previously approved alternative after providing notice to the affected parties. Modifications shall be implemented within a time frame approved by the Agency, which shall not exceed two years. Requests for renewals shall be submitted 90 days before the expiration of the approval. Prior to approving an alternative, the Agency may consult with states, provinces, and regional organizations to review consistency with other states that have similar legislation.
(4) Alternatives that authorize font sizes less than 10-point type that have been approved by the Agency prior to the effective date of this chapter shall remain in effect until July 1, 2015.
(i) The following alternative methods of labeling for specific products are approved, and no further Agency approval is required:
(1) Labeling of a large appliance sold in a store where that appliance is on display shall meet all requirements of subsections (a) through (f) of this section, except that no package labeling is required.
(2) Labeling of all new motor vehicles shall meet all the requirements of subsections (a) through (f) of this section, except that the mercury-added components are not required to be labeled. A driver's side doorpost label applied by the manufacturer shall list the mercury-added components that may be present on the vehicle. Only in the case of a trade of a new vehicle by a dealer with a dealer in another state shall the motor vehicle dealer be responsible for applying the doorpost label to the vehicle. No labeling of used motor vehicles shall be required. For motor vehicles without doorposts, label placement will be subject to the approval of the Agency.
(3)(A) 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 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 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 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.
(4) [Repealed.]
(j) A manufacturer who offers for final sale, sells at a final sale, or distributes a product subject to the labeling requirements of this section shall certify to the Secretary, on a form provided by the Secretary, that the label conforms to the requirements of subsection (d) or (i) of this section. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 4; 2007, No. 63, § 3, eff. June 4, 2007; 2009, No. 56, § 26.)