Alternative Labeling

If the characteristics of the product (such as size or temperature) do not allow for standard labeling (the full message in 10 point font) or if placing the label directly on the product interferes with the function of a product, a manufacturer may apply for an alternative method for labeling the product. (See 10 V.S.A. §7106h)

A manufacturer may submit a request for alternative labeling prior to or at the same time as submitting the Certified Labeling Plan by indicating "pending" in the "Alt" column of the plan.

Applications for an alternative to the requirements must:

• Document the justification for the requested alternative;
• Describe how the alternative ensures that purchasers or recipients of mercury added products are made aware of mercury content prior to purchase or receipt;
• 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;
• Document the readiness of all necessary parties to implement the proposed alternative; and
• Describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative will provide effective pre-sale notification and predisposal notification.

The process for submittal and review of a new alternative request is:

• A mercury-added product manufacturer obtains the alternative request form on line;
• The manufacturer submits the alternative request form electronically to the State of Vermont; (note: alternative request can be submitted prior to submitting the Certified Labeling Plan (CLP) or the alternative request can be submitted with the Certified Labeling Plan by writing "pending" in the ALT column of the products section of the CLP.
• The State of Vermont sends a copy to IMERC;
• The alternative is reviewed through a joint review process through IMERC;
• Each state that has jurisdiction over a particular product will advise the manufacturer in writing if the alternative has been approved by their state;
• Vermont will assign an alternative number (which is to be indicated on the Certified Labeling Plan and any future correspondence); and
• Each alternative will be issued for a duration of not less than two years (expiration renewal requests should be submitted in writing 6 months prior to expiration).

If a manufacturer has an approved alternative that is currently in effect, the alternative will remain in effect until the submission of the updated Certified Labeling Plan. Indicate the alternative approval number on your updated Certified Labeling Plan in the "Alt" column of the products section of the form.

Alternative labeling (for individual products or categories of products) is approved for a duration of two to three years. All alternative-labeling plans will expire on March 1, 2006 except:

• Alternatives which have been granted specifically for mercury-added lamps (bulbs) such as 0257, 0258 and individual alternatives specific to lamps (See below); and
• Individual product alternatives that were approved to authorize only font sizes smaller than 10-point type and were approved by the Department prior to July 1, 2005 shall remain in effect until July 1, 2015. This extension of the expiration date only applies to products where the full standard wording is utilized but in a smaller font.

Alternative labeling plans that expire on March 1, 2006:

• Will be extended to July 1, 2007 at which time they will be considered for renewal.
• Provide a written request for renewal of the alternative when the updated Certified Labeling Plan is submitted by October, 2006.
• The previously approved alternative number should be indicated in the "Alt" number column on the products page of the Certified Labeling Plan.

Alternative labeling plans for mercury-added lamps only:

• Expire on March 1, 2007.
• Mercury-Added Lamps (Alternative #ALT-0257)
• Mercury-Added Lamps (NEMA Alternative #ALT-0258)
• Include the previously approved alternative number in the "Alt" number column on the products page of the updated Certified Labeling Plan.
• Written requests for renewal should be submitted with the updated Certified Labeling Plan submitted in October, as renewal requests should be submitted in September of the year prior to expiration.

Alternative labeling plans that authorized font sizes less than 10-point type prior to July 1, 2005:

• Provide written documentation for each product or category of products for which the manufacturer has received approval based on font point size to request the extension to July 1, 2015.