Vermont Statutes Title 9 Sec. 2470h
Terms Used In Vermont Statutes Title 9 Sec. 2470h
- Consumer: means any person who purchases, leases, contracts for, or otherwise agrees to pay consideration for goods or services not for resale in the ordinary course of the person's trade or business but for the person's use or benefit or the use or benefit of a member of the person's household, or in connection with the operation of the person's household or a farm whether or not the farm is conducted as a trade or business, or a person who purchases, leases, contracts for, or otherwise agrees to pay consideration for goods or services not for resale in the ordinary course of the person's trade or business but for the use or benefit of the person's business or in connection with the operation of the person's business. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 2470h. Consumer warnings; notification; phase-outs
Except to the extent specifically preempted by federal law:
(1) Wheel weights. Beginning January 1, 2010, the State of Vermont shall not use wheel weights containing lead in vehicles owned by the State or vehicles operated by the State under a long-term lease. Beginning September 1, 2011, no person shall sell or offer for sale in or into the State of Vermont a new motor vehicle with wheel weights containing lead.
(2)(A) Plumbing fixtures and related supplies. As prescribed by the Attorney General, beginning January 1, 2009, and ending December 31, 2009, any person who sells or offers for sale in or into the State of Vermont plumbing fixtures whose wetted surfaces contain more than a weighted average of 0.25 percent lead shall clearly and conspicuously post a warning at the point of sale stating that these products contain lead and shall also provide to each buyer prior to sale information on the risks of lead exposure.
(B) Beginning January 1, 2010, no person shall sell or offer for sale in or into the State of Vermont, or use in the State of Vermont, solder or flux for plumbing containing more than 0.2 percent lead, or plumbing fixtures whose wetted surfaces contain more than a weighted average of 0.25 percent lead.
(C) As prescribed by the Attorney General, beginning January 1, 2009, any person who sells or offers for sale in or into the State of Vermont solder or flux containing more than 0.2 percent lead shall clearly and conspicuously post a warning at the point of sale stating that these products contain lead and shall also provide to each buyer prior to sale information on the risks of lead exposure.
(D) For the purpose of this subdivision (2) of this section:
(i) the term “plumbing fixtures” means pipes, pipe and plumbing fittings, and fixtures used to convey or dispense water for human consumption;
(ii) the “weighted average” lead content shall be calculated by using the following formula: the percentage of lead content within each component that comes into contact with water shall be multiplied by the percent of the total wetted surface of the entire pipe and pipe fitting, plumbing fitting, or fixture represented in each component containing lead; these percentages shall be added; and the sum shall constitute the weighted average lead content of the pipe and pipe fitting, plumbing fitting, or fixture.
(3) Nonresidential paints and primers. As prescribed by the Attorney General, beginning January 1, 2009, and ending December 31, 2010, any person who sells or offers for sale in or into the State of Vermont nonresidential paints and primers containing lead shall clearly and conspicuously post a warning at the point of sale stating that these products contain lead and shall also provide to each buyer prior to sale information on the risks of lead exposure. Beginning January 1, 2011, no person shall sell or offer for sale in or into the State of Vermont nonresidential paints or primers containing lead. Beginning January 1, 2012, no person shall use nonresidential paints or primers containing lead in the State of Vermont.
(4) Salvage building materials. As prescribed by the Attorney General, beginning January 1, 2009, any person in commerce who sells or offers for sale in or into the State of Vermont salvage building materials made prior to 1978 shall clearly and conspicuously post a warning at the point of sale stating that these products may contain lead and shall also provide to each buyer prior to sale information on the risks of lead exposure.
(5) Other. The Attorney General, in consultation with the Commissioner of Health, may by rule require warnings, notifications, or a combination of these relating to other products containing lead. (Added 2007, No. 193 (Adj. Sess.), § 2.)