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Products Subject to Vermont's Labeling Law
Vermont's Labeling Law 10
V.S.A. §7106 requires labeling of a mercury-added product.
"Mercury-added product" means a product, a commodity,
a chemical, a product with one or more components, or a product
that cannot function without the use of that component, that contains
mercury or a mercury compound intentionally added to the product,
commodity, chemical, or component in order to provide a specific
characteristic, appearance, or quality, or to perform a specific
function, or for any other reason. These products include formulated
mercury-added products and fabricated mercury-added products.
- Fabricated mercury-added product means a product that
consists of a combination of individual components that combine
to make a single unit, including mercury added measuring devices,
lamps, and switches.
- Formulated mercury-added product means a product that
is sold as a consistent mixture of chemicals to which mercury
or a mercury compound has been intentionally added in order to
provide a specific characteristic, appearance, or quality, or
to perform a specific function, or for any other reason. This
includes laboratory chemicals, cleaning products, cosmetics, pharmaceuticals,
and coating materials. For the purposes of this chapter, formulated
mercury-added product does not include pharmaceuticals, pharmaceutical
products, biological products. or any substance that may be lawfully
sold over the counter without a prescription under the federal
Food, Drug and Cosmetics Act, 21 U.S.C. 301 et seq. "Biological
Product" means a virus, therapeutic serum, toxin, antitoxin,
vaccine, blood, blood component or derivative, allergenic product
or an analogous product, or asphenamine (a derivative of arsphenamine)
or any other trivalent organic arsenic compound used for the prevention,
treatment, or cure of a disease or condition of human beings.
- Mercury-added component means a mercury added product
that is incorporated into another product to form a fabricated
mercury added product, including electrical switches, relays,
and lamps.
- Mercury-added lamp means the bulb or tube portion of
a lighting device containing mercury specifically designed to
produce radiant energy, most often in the ultraviolet, visible
and infrared regions of the electromagnetic spectrum. Examples
of common mercury-added lamps include, but are not limited to,
fluorescent, high intensity discharge, and neon lamps.
EXEMPT PRODUCTS
Dental amalgam, mercury-added button cell batteries, products containing
mercury-added button cell batteries, photographic film, or the packaging
of these products is exempted from labeling. This law does not apply
to any mercury-added product for which federal law governs labeling
in a manner that preempts state authority, or prescription drugs
or any substance that may lawfully be sold over the counter without
a prescription under the federal Food, Drug and Cosmetic Act, 21
U.S.C. § 301 et seq.
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