Click on a question to display the answer. If you would like to
view all of the answers or print all of the questions and answers,
click on the "show all answers" button.
Product packaging was not previously required for "standard"
labeling methods. If a manufacturer does not currently label
the package, this is now required unless the product labeling
is otherwise specifically defined in law under 10
V.S.A. §7106(i). (see question below)
Specific labeling requirements are identified in the law for
certain types of products under 10
V.S.A. §7106(i). These requirements are unique to each
product or category of products and are not the "standard
labeling" requirements defined in the law. The products
for which specific labeling requirements have been defined include:
(1) large appliances, (2) motor vehicles and, (3) products that
contain a mercury-added lamp as their only mercury-added component.
A "visible" label is a requirement for a
product to be labeled in a location that is visible on the
product; this location is normally the same location where
other existing labels are placed. A manufacturer may identify
other key locations that are in closer proximity to the mercury-added
component and more visible during the removal or installation
of a replaceable component.
A "visible prior-to-purchase" label is a
requirement that allows the purchaser to be aware of the presence
of mercury in a product before purchasing the mercury-added
product. This requirement usually depends on how a product
is marketed to the purchaser. A simple way to determine how
to comply would be to ask what the final purchaser sees before
purchasing. If the product is sold at retail, this may be
the package. If a product is sold strictly through sales literature,
the Internet or telephone sales, the manufacturer must insert
information in these media. The information must provide the
same language as the standard label identifying the presence
of mercury, the component that contains mercury, and instruction
for proper disposal.
Manufacturers are responsible to replace non-complying products
in inventory with properly labeled product to ensure the products
are not sold illegally in the State of Vermont.
Connecticut, Maine, Maryland, Minnesota, New York, Oregon,
Rhode Island, and Washington have labeling requirements. Labeling
requirements that were enacted in Connecticut after Vermont's
1998 labeling legislation were more stringent than Vermont's
labeling requirements in that they had more requirements for
products where the only mercury component was a mercury-added
lamp. Vermont's 2005 legislation that is effective for labeling
on July 1, 2007, made the Vermont labeling standards more
consistent with Connecticut requirements. The following is
a comparison of the specific requirements that are significant
for certain product categories:
Products with mercury-added lamps used for backlighting
that cannot be removed or replaced by the consumer with
a screen over 7" in diagonal
Connecticut requires either the product or the care and
use manual to be labeled and to provide prior-to-purchase
visibility. Vermont's 1998 legislation requires the product
to be labeled as well as prior-to-purchase notice similar
to Connecticut. Vermont's 2005 legislation requires both
the product and the care and use manual to be labeled. (To
comply with requirements of both Connecticut and Vermont
the manufacturer could label the product, care and use manual,
and for Connecticut, provide some prior-to-purchase visible
label.)
Products with mercury-added lamps used for backlighting
that cannot be removed or replaced by the consumer with
a screen under 7" in diagonal
Connecticut requires either the product or the care and
use manual to be labeled and provide prior-to-purchase visibility.
Vermont's 1998 legislation and 2005 legislation require
only the care and use manual to be labeled. (To comply
with requirements of both Connecticut and Vermont's 2005
law, the manufacturer could label the care and use manual,
and for Connecticut provide some prior-to-purchase visible
label.)
Projection systems with removable mercury-added lamp
housing
Connecticut and Vermont both require the mercury-added lamp,
the larger product that contains the mercury-added lamp,
and the housing in which the mercury-added lamp is contained
to be labeled. In addition, Connecticut requires the care
and use manual or the package to be labeled and Vermont
requires the care and use manual to be labeled. (Therefore,
to comply with requirements of both Connecticut and Vermont
the manufacturer could label the lamp, the larger product
that contains the lamp, the housing in which the lamp is
contained, the product package, and the care and use manual. Connecticut also
requires the manufacturer to provide some prior-to-purchase
visible label.)
Yes. Labels are required on mercury-added product packaging,
except when the product either has no package or is not packaged
in a conventional type of packaging (where a label cannot be
affixed such as shrink wrap, crated or loaded on pallets).
As a rule this is true because Vermont's labeling requirements
are equivalent to or in some cases more stringent than other
states. In addition, Vermont is the only state that currently
requires the submission of a Certified Labeling Plan for approval.
Many states in the Northeast region utilize Vermont's database
to check for compliance in their state.
Currently Connecticut has labeling requirements for products
that contain button cell batteries and a provision that requires
prior-to-purchase visibility for electronic products where
the only mercury-added component is a mercury-added lamp.
Vermont does not have these requirements and therefore you
should contact Connecticut Department of Environmental Protection
(CT DEP) at (860) 424-3242 or e-mail Tom.metzner@po.state.ct.us
for instruction on how to comply with these provisions. Note:
You may provide Vermont with a Certified Labeling Plan, if
you choose, that includes these provisions (even though there
is no requirement for this in Vermont) in order that this
information is noted in the database.
A Certified Labeling Plan must be submitted prior to October
1, 2006. Products that were not previously subject to Vermont's
labeling law cannot be offered for sale in Vermont
after July 1, 2007 unless the products are labeled and there
is an approved Certified Labeling Plan on file.
If you are currently subject to the 1998 law and you have
not submitted a Certified Labeling Plan, you may not legally
sell your product in Vermont and need to contact VT DEC immediately
to submit a Certified Labeling Plan.
You should submit an application for an alternative method
of labeling if the product cannot be labeled according to
standard labeling requirements. If a product is too small,
too hot, or if the label cannot be directly affixed to the
product, you should submit an alternative-labeling request.
The proposed alternative should at minimum: (1) Document the
justification for the request, (2) Describe how the alternative
ensures prior-to-purchase visibility, and (3) Describe how
the purchaser will be made aware of the need for proper disposal
The process for submittal and review of a new alternative
request is:
The manufacturer submits the alternative request form
electronically to the State of Vermont;
The State of Vermont sends a copy to IMERC;
The alternative is reviewed using a joint review process
conducted by 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).
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 "Alternative labeling
plans for mercury-added lamps only" below for details);
and
Individual product alternatives that were approved to
authorize only font sizes less 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 point size.
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.
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.
Renewal requests are normally submitted six months prior
to renewal, which would be 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.
Include the previously approved alternative number in
the "Alt" number column on the products page of
the updated Certified Labeling Plan.
103
South Main Street 
