Bill
H 238
Vermont bans intentionally added PFAS in many consumer products, requires audits and reformulations to meet 100 ppm TOF threshold, and phases out PFAS across key goods by 2033.
Status: Enacted (Governor approved June 11, 2025)
Primary sponsor: Rep. Amy Sheldon
Purpose
- To phase out and, ultimately, prohibit manufacture, sale, and distribution of consumer products that contain intentionally added per‑ and polyfluoroalkyl substances (PFAS), and to expand and clarify Vermont’s regulatory framework for PFAS in consumer products.
Scope and key definitions
- Applies to “consumer products” (broad tangible personal property used for personal, family, household purposes); beginning Jan 1, 2033 the definition expands to include certain “complex durable goods.”
- “Regulated PFAS” = PFAS intentionally added for a function/technical effect OR PFAS present in a product/component at or above 100 parts per million (measured as total organic fluorine).
- “Manufacturer” includes importers/first domestic distributors for products made outside the U.S.
Major prohibitions and phase‑in schedule (selected)
- July 1, 2027: Ban on sale/distribution of cleaning products and dental floss that contain intentionally added PFAS. Prohibition on fluorine‑treated containers with intentionally added PFAS for certain consumer products begins the same date.
- July 1, 2028: Effective date for prohibition on cookware containing intentionally added PFAS (extended from an earlier date).
- July 1, 2029: Ban on sale/distribution of firefighting personal protective equipment (PPE) containing intentionally added PFAS (initial exclusions for respirators).
- July 1, 2032: Sale of respirators and respirator equipment with intentionally added PFAS is banned; also, beginning Jan 1, 2032 manufacturers may not manufacture, sell, or distribute fluorine‑treated containers or products packaged in them for use in Vermont.
- Multiple effective dates across provisions; some provisions or reporting deadlines fall in 2025–2033.
Regulatory structure, enforcement, and remedies
- The act consolidates and restructures PFAS consumer‑product provisions under state statute and incorporates prior requirements.
- Enforcement authority: Secretary of Natural Resources and the Attorney General (AG may act under consumer protection laws).
- Private right of action: Consumers harmed by PFAS‑containing consumer products are authorized to pursue consumer protection claims for damages.
Reporting and policy development requirements
- By Jan 15, 2027: Secretary of Natural Resources must report to the General Assembly on how other states regulate PFAS in consumer products and recommend whether Vermont should create a dedicated regulatory program (including agency placement, staffing, and implementation timeframe).
- By Jan 15, 2033: Secretary of Natural Resources must recommend how to address PFAS in complex durable goods; Secretary of Agriculture, Food & Markets must recommend approaches for PFAS in food.
Who is affected
- Manufacturers, importers, first domestic distributors, retailers, and consumers of covered products (e.g., textiles, apparel, carpets/rugs, cookware, cleaning products, dental floss, fluorine‑treated containers, certain PPE).
- Public safety agencies and fire departments (transitioning to PFAS‑free PPE), food and packaging sectors, and downstream retailers.
Practical impacts
- Companies will need to audit supply chains for intentionally added PFAS and for total organic fluorine levels (≥100 ppm threshold), reformulate or substitute alternatives, relabel or stop sales in Vermont, and track phase‑in/ban dates.
- State agencies will evaluate program administration needs and the availability/costs of PFAS‑free alternatives (particularly PPE).
Notes
- The act consolidates many detailed statutory definitions, exclusions, and procedural provisions; interested parties should consult the full enacted text (Act No. 54, 2025) for complete statutory language, specific exemptions, testing/measurement provisions, and all effective dates.
Compiled from official sources — confirm details with the bill’s official record.
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