Certified Labeling Plan Review

The Vermont DEC will review all Certified Labeling Plans (CLPs) to ensure they comply with Vermont Law. Manufacturers are encouraged to wait for a letter from Vermont DEC advising that the proposed labeling meets the labeling requirements to insure the proposed labeling methods are in compliance with Vermont law before implementing labeling. The review process for all CLPs received consists of the following:

1. The plan is reviewed to determine if the proposed labeling meets the requirements of Vermont's mercury-added product labeling law.
   1. If the plan is acceptable, the manufacturer will receive a letter identifying that their proposed plan meets the requirements of Vermont's labeling law.
   2. If the plan is not acceptable, the manufacturer will be contacted and advised of what is needed to correct the plan. The manufacturer may resolve the deficiencies by amending the labeling plan or submitting a corrected plan. To amend the plan, the information necessary to resolve the deficiencies should be provided in writing with a notation to "Please consider this an addendum or amendment to the labeling plan submitted by (Name of Manufacturer)."
   3. If deficiencies are not resolved within an adequate period of time, a letter will be sent to the manufacturer advising that the plan does not meet the requirements of the law, and not acceptable as filed. The manufacturer will not have an acceptable labeling plan until the deficiencies are resolved.
2. Once the plan is complete, information is entered into a database that is accessible by other states in the region to identify labeling compliance.

Who must file a Certified Labeling Plan?

• A manufacturer of a component part or individual product such as switches, lamps, thermometers, etc.
• A manufacturer of a larger product that incorporates a mercury-added component.
• An importer of a product can file a labeling plan for an overseas manufacturer if that importer is the only importer that is distributing for that particular manufacturer.
• Overseas manufacturers who will be selling their product for use in the state of Vermont.
• If a manufacturer "A" sells a product that has been produced by another manufacturer "B" and "A" is in control of labeling by providing product specifications to the producing manufacturer "B" - Manufacturer A must submit the plan as they are in control of labeling specifications.
• If a manufacturer "A" produces a product by contract that is only sold and marketed by manufacturer "B" under the name of manufacturer "B," manufacturer "B" is required to file the plan as they have control over the labeling specifications of the product.

If a manufacturer has several facility locations, how should they file a certified labeling plan?

• If a manufacturer has several facility locations and each location manufactures a specific mercury-added product, it is preferable that each location files a separate labeling plan for that location with a contact person specific to that location.
• If a manufacturer owns several companies and each with a different company name, a separate plan should be filed under each company name.
• Plans may be filed by one corporate office if information can be provided adequately through the corporate office location that is knowledgeable about all product lines.

What if there are changes in address, contact person or additional products added, deleted or changed after the Certified Labeling Plan is filed?

Any changes to an existing filed and approved plan must be in writing and indicated as an "amendment" or "addendum" to the labeling plan. A manufacturer may submit an amended labeling plan form or may provide the information by letter as long as all information that would normally be requested on the certified labeling form has been provided.