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Products Subject to Vermont's Labeling Law
Items that must be labeled
The Vermont Labeling
Law 10 V.S.A. §6621d
is referred to as the "Mercury-Added Consumer Products"
law. According to Section 6-201 in the Mercury Management Rules:
"Mercury-Added Consumer Products means a
device or material into which elemental mercury or mercury compounds
are intentionally added during its formulations or manufacture and
in which the continued presence of mercury is desired to provide
a specific characteristic, appearance, or quality, or to perform
a specific function."
The products covered under Vermont's labeling law are the following:
(individually or as a part of another product)
- Thermostat
- Thermometer
- Switch
- Medical instrument
- Scientific instrument
- Electric relay
- Electrical device
- Lamp
- Battery (other than button battery)
What is meant by the term "component"?
For the purposes of this guidance, a "component" is the
mercury-added product that can be incorporated into a larger product,
such as a switch or a lamp. Both the "component" and the
"larger product that incorporates the component" have
requirements under Vermont's labeling law
What is meant by "mercury-added consumer products" as
intended by the law and rule?
Other state requirements may differentiate between consumer, industrial
and commercial products. Vermont law and rule addresses the product
and not the purchaser. Therefore, "mercury-added consumer products"
are any mercury added products (listed in the law) which are sold
for use in the state of Vermont to any purchaser.
What devices does the Agency interpret as being included in the
category of "switches" under the rule and must be labeled?
A switch, by Agency interpretation, is any device, which may be
referred to as a switch, sensor, valve, probe, control, or any other
apparatus that directly regulates or controls the flow of electricity,
gas or other compounds. The term "switch" is interpreted
to include all components of the unit necessary to perform its flow-control
function and must be labeled if mercury is added to any component
of the switch.
Who is responsible?
Title 10 of the Vermont Statutes, Chapter 159, §6621d, states:
"A manufacturer or wholesaler may not
sell at retail in this state, to a retailer in this state, or
for use in this state, and a retailer may not knowingly sell,
any of the following items at retail if they contain mercury added
during manufacture, unless the item is labeled."
The law further adds:
"Primary responsibility for
affixing labels required under this section shall be on the manufacturer,
and not on the wholesaler or retailer."
The following have responsibility to label under Vermont law:
- The manufacturer of a mercury-added component part (e.g. mercury
switch, relay lamp, etc.) has primary responsibility to label
their component mercury-added product.
- Also a manufacturer who incorporates a mercury-added product
(component) into a larger product also has responsibility under
the law and primary responsibility for their product.
- Each manufacturer, the component manufacturer and the manufacturer
of the larger product that contains the mercury component are
responsible to file a labeling plan and to label according to
the requirements of the Vermont labeling law.
- If a manufacturer incorporates a mercury-added component into
a larger product and the larger product is sold for use in Vermont,
the manufacturer of the larger product should make certain that
the component part is labeled (See V.S.A.
10, Chapter 159 §6621(a)).
Manufacturers should advise their component suppliers of the
labeling requirements if they find the product is not labeled.
These efforts may be documented, (including the suppliers responses),
and provided for the manufacturer's file. This information would
provide documentation concerning their good-faith effort should
a compliance issue be identified with the product.
- The wholesaler, distributor and retailer of mercury-added products
also have responsibility under the law to make certain that mercury-added
products that are sold for use in the state of Vermont are labeled
prior to sale. Should any of the parties knowingly sell unlabeled
mercury-added products or larger products that incorporate mercury-added
components, they would be subject to penalties under the law.
It is suggested that wholesalers, distributors and retailers notify
the manufacturers of mercury-added products for whom they sell
in the state of Vermont so that all parties are aware of the requirements
of the law and may be in compliance. Such notification would be
evidence of a good-faith effort for compliance.
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