Visibility Requirement Under Vermont Law and Rule

The Vermont Labeling Law requires that component, product and package labels be placed such that they are clearly visible. It also states that a label must be visible prior to sale. The following is a brief explanation of the differences between the requirement to have a visible label on the product and the prior-to-purchase visibility requirement.

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 by using sales literature, the Internet or telephone sales, the manufacturer must place information in these media. The information must provide the same information as the standard label identifying the presence of mercury, the component that contains mercury, and instruction for proper disposal.