Notification Requirements for Mercury-Added Products

In 2005, Vermont passed notification requirements 10 V.S.A. §7104 specifying that manufacturers cannot sell mercury-added products in the State of Vermont unless a notification form is filed and approved through the Interstate Mercury Education and Reduction Clearinghouse (IMERC).

What is the effective date of the law?

• A manufacturer of mercury-added products must have an approved notification from IMERC in order to sell such products in Vermont after July 1, 2006.
• An updated notification must be filed every three years on a date established by IMERC.

Who may file in order to comply with this requirement?

• A manufacturer should provide the notification information.
• If a manufacturer has not provided this information, a distributor of this product can file notification in order to sell the mercury-added product in the state.
• An importer who brings a mercury-added product into the state may file on behalf of a manufacturer.
• A manufacturer's designated trade group can file on behalf of a manufacturer.

What products are covered (and exempt) under this requirement?

• Both fabricated and formulated mercury-added products.
• Drugs approved by the US Food and Drug Administration or for which federal law governs notice in a manner that preempts state authority are exempted from these requirements.

What if a manufacturer, distributor, importer or trade group has already filed a notification with IMERC?

If a manufacturer has filed a notification form and has received an approval letter from IMERC, the manufacturer has met the notification requirements for Vermont.

What if a manufacturer has not filed a notification with IMERC?

• If a manufacturer does not have an approved notification on file with IMERC, the form must be complete and filed with IMERC prior to July 1, 2006.
• The IMERC notification form is available for download on the Internet at: http://www.newmoa.org/prevention/mercury/imerc/notificationforms.cfm

If a manufacturer has provided a notification form to IMERC, does that meet all the requirements to sell a mercury-added product in the State of Vermont?

For the notification requirement, yes. However, there are labeling requirements and restrictions on the sale of certain products (unless an exemption request is filed and approved.

What mailing address should I use to submit information to comply with Vermont's mercury-added products Notification requirements?

IMERC
c/o NEWMOA
129 Portland Street, 6th floor
Boston, MA 02114

Does a manufacturer also need to send a copy of this form to Vermont?

No, Vermont is a member state of IMERC and participates in the multi-state review of Notification forms.

Will a manufacturer receive written confirmation from Vermont that the notification form submitted to IMERC is approved in order to sell in the State of Vermont?

No, you will not receive a separate letter from Vermont but you will receive a letter from IMERC advising that the form is complete and on file with IMERC once all information is complete and approved during a multi-state review. Vermont will also retain a copy of this form on file as documentation of the completed form.