reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1608. Withdrawal—Article VIII

§ 1608. Withdrawal—Article VIII
Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. (Added 1967, No. 26, § 1, eff. March 14, 1967.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1609. Construction and severability—Article IX

§ 1609. Construction and severability—Article IX
It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person, or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person, or circumstance shall not be affected thereby. (Added 1967, No. 26, § 1, eff. March 14, 1967.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1621. Commissioner of Health; duties

§ 1621. Commissioner of Health; duties
The Commissioner of Health shall formulate and keep current a radiation incident plan for this State in accordance with the duty assumed pursuant to article III(a) of the compact. (Added 1967, No. 26, § 2, eff. March 14, 1967; amended 2023, No. 53, § 64, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 32 - Ionizing and Nonionizing Radiation Control › § 1652. State radiation control

§ 1652. State radiation control
(a) The Department is the radiation control agency for the State of Vermont. The Commissioner may designate the Radiation Control Director within the Department as the individual who shall perform the functions vested in the Department by this chapter.
(b) The Department shall, for the protection of the occupational and public health and safety, develop programs for the control of ionizing and nonionizing radiation compatible with federal programs for regulation of by-product, source, and special nuclear materials.
(c) The Department may adopt, amend, and repeal rules under 3 V.S.A. chapter 25 that may provide for licensing and registration for the control of sources of ionizing radiation and that may provide for the control and regulation of sources of nonionizing radiation.
(d) The Department shall advise, consult, and cooperate with other agencies of the State, the federal government, other states and interstate agencies, political subdivisions, industries, and with groups concerned with control of sources of ionizing and nonionizing radiation.
(e) Applicants for registration of X-ray equipment shall pay an annual registration fee of $85.00 per piece of equipment.
(f) Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Department to offset the costs of providing services relating to licensing and registration and controlling sources of ionizing radiation. (Added 1967, No. 27, § 2; amended 1977, No. 83, § 2; 2007, No. 76, § 11; 2009, No. 134 (Adj. Sess.), § 27; 2011, No. 128 (Adj. Sess.), § 4; 2015, No. 57, § 8; 2015, No. 82 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 32 - Ionizing and Nonionizing Radiation Control › § 1654. Inspection

§ 1654. Inspection
The Department or its duly authorized representatives may enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of this chapter and rules issued pursuant to this chapter, except that entry into areas under the jurisdiction of the federal government shall be made only with the concurrence of the federal government or its duly designated representative. (Added 1967, No. 27, § 4; amended 2015, No. 82 (Adj. Sess.), § 1; 2023, No. 6, § 121, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 32 - Ionizing and Nonionizing Radiation Control › § 1655. Hearings and judicial review

§ 1655. Hearings and judicial review
(a) In any proceeding under this chapter for the issuance or modification of rules relating to control of by-products, source, and special nuclear materials; or for granting, suspending, revoking, or amending any license; or for determining compliance with or granting exemptions from rules of the Department, the Department shall hold a public hearing upon the request of any person whose interest may be affected by the proceeding and shall admit any such person as a party to the proceeding, subject to the emergency provisions in subsection (b) of this section.
(b) Whenever the Department finds that an emergency exists requiring immediate action to protect the public health and safety, the Department may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet it. Notwithstanding any contrary provision of this chapter, the order shall be effective immediately. Any person to whom the order is directed shall comply with the order immediately, but on application to the Department shall be afforded a hearing within 10 days. On the basis of the hearing, the emergency order shall be continued, modified, or revoked within 10 days after the hearing.
(c) Any final order entered in any proceeding under subsections (a) and (b) of this section shall be subject to judicial review in the Civil Division of the Superior Court. (Added 1967, No. 27, § 5; amended 1997, No. 161 (Adj. Sess.), § 11, eff. Jan. 1, 1998; 2015, No. 82 (Adj. Sess.), § 1; 2023, No. 6, § 122, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 32 - Ionizing and Nonionizing Radiation Control › § 1656. Injunction proceedings

§ 1656. Injunction proceedings
Whenever, in the judgment of the Department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute a violation of any provision of this chapter, or any rule adopted pursuant to this chapter, the Attorney General shall make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the Department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. (Added 1967, No. 27, § 6; amended 2015, No. 82 (Adj. Sess.), § 1; 2023, No. 6, § 123, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 32 - Ionizing and Nonionizing Radiation Control › § 1657. Penalties

§ 1657. Penalties
Any person who violates this chapter or rules adopted pursuant to this chapter shall, upon conviction thereof, be imprisoned not more than six months or fined not more than $500.00 or less than $100.00, or be both imprisoned and fined. (Added 1967, No. 27, § 7; amended 2023, No. 6, § 124, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33 - Pfas in Firefighting Agents and Equipment › § 1661. Definitions

§ 1661. Definitions
As used in this chapter:
(1) “Class B firefighting foam” means chemical foams designed for flammable liquid fires.
(2) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component.
(3) “Manufacturer” means any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic distributor of firefighting agents or equipment. As used in this subdivision, “importer” means the owner of the product.
(4) “Municipality” means any city, town, incorporated village, town fire district, or other political subdivision that provides firefighting services pursuant to general law or municipal charter.
(5) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(6) “Personal protective equipment” means clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for use in fire and rescue activities, and includes jackets, pants, shoes, gloves, helmets, and respiratory equipment.
(7) “Terminal” means an establishment primarily engaged in the wholesale distribution of crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid storage facilities. (Added 2021, No. 36, § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33 - Pfas in Firefighting Agents and Equipment › § 1662. Prohibition of certain class B firefighting foam

§ 1662. Prohibition of certain class B firefighting foam
A person, municipality, or State agency shall not discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally added PFAS. (Added 2021, No. 36, § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33 - Pfas in Firefighting Agents and Equipment › § 1663. Restriction on manufacture, sale, and distribution; exceptions

§ 1663. Restriction on manufacture, sale, and distribution; exceptions
(a)(1) Unless otherwise required under federal law, but not later than October 1, 2023, a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added.
(2) Notwithstanding subdivision (1) of this subsection, the restriction on the manufacture, sale, offer for sale, or distribution of class B firefighting foam containing intentionally added PFAS for use at a terminal shall not apply until January 1, 2024.
(b) A person operating a terminal after January 1, 2024, and who seeks to purchase class B firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class B fires, may apply to the Department of Environmental Conservation for a temporary exemption from the restrictions on the manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. An exemption shall not exceed one year. The Department of Environmental Conservation, in consultation with the Department of Health, may grant an exemption under this subsection if the applicant provides:
(1) clear and convincing evidence that there is not a commercially available alternative that:
(A) does not contain intentionally added PFAS; and
(B) is capable of suppressing a large atmospheric tank fire or emergency class B fire at the terminal;
(2) information on the amount of class B firefighting foam containing intentionally added PFAS that is annually stored, used, or released at the terminal;
(3) a report on the progress being made by the applicant to transition at the terminal to class B firefighting foam that does not contain intentionally added PFAS; and
(4) an explanation of how:
(A) all releases of class B firefighting foam containing intentionally added PFAS shall be fully contained at the terminal; and
(B) existing containment measures prevent firewater, wastewater, runoff, and other wastes from being released into the environment, including into soil, groundwater, waterways, and stormwater.
(c) Nothing in this section shall prohibit a terminal from providing class B firefighting foam in the form of aid to another terminal in the event of a class B fire. (Added 2021, No. 36, § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33 - Pfas in Firefighting Agents and Equipment › § 1664. Sale of personal protective equipment containing PFAS

§ 1664. Sale of personal protective equipment containing PFAS
(a) A manufacturer or other person that sells firefighting equipment to any person, municipality, or State agency shall provide written notice to the purchaser at the time of sale, citing to this chapter, if the personal protective equipment contains PFAS. The written notice shall include a statement that the personal protective equipment contains PFAS and the reason PFAS are added to the equipment.
(b) The manufacturer or person selling personal protective equipment and the purchaser of the personal protective equipment shall retain the notice for at least three years from the date of the transaction. (Added 2021, No. 36, § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33 - Pfas in Firefighting Agents and Equipment › § 1665. Notification; recall of prohibited products

§ 1665. Notification; recall of prohibited products
(a) A manufacturer of class B firefighting foam containing intentionally added PFAS shall provide written notice to persons that sell the manufacturer’s products in this State about the restrictions imposed by this chapter not less than one year prior to the effective date of the restrictions.
(b) Unless a class B firefighting foam containing intentionally added PFAS is intended for use at a terminal, and if after January 1, 2024, the person operating a terminal holds a temporary exemption pursuant to subsection (b) of section 1663 of this title, a manufacturer that produces, sells, or distributes a class B firefighting foam containing intentionally added PFAS shall:
(1) recall the product and reimburse the retailer or any other purchaser for the product; and
(2) issue either a press release or notice on the manufacturer’s website describing the product recall and reimbursement requirement established in this subsection. (Added 2021, No. 36, § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33 - Pfas in Firefighting Agents and Equipment › § 1666. Certificate of compliance

§ 1666. Certificate of compliance
The Attorney General may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. Within 30 days after receipt of the Attorney General’s request for a certificate of compliance, the manufacturer shall:
(1) provide the Attorney General with a certificate attesting that the manufacturer’s product or products comply with the requirements of this chapter; or
(2) notify persons who are selling a product of the manufacturer’s in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified. (Added 2021, No. 36, § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33 - Pfas in Firefighting Agents and Equipment › § 1667. Penalties

§ 1667. Penalties
(a) A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
(b) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies. (Added 2021, No. 36, § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33A - Chemicals of Concern in Food Packaging › § 1671. Definitions

§ 1671. Definitions
As used in this chapter:
(1) “Bisphenols” means any member of a class of industrial chemicals that contain two hydroxyphenyl groups. Bisphenols are used primarily in the manufacture of polycarbonate plastic and epoxy resins.
(2) “Department” means the Department of Health.
(3) “Food package” or “food packaging” means a package or packaging component that is intended for direct food contact.
(4) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component.
(5) “Ortho-phthalates” means any member of the class of organic chemicals that are esters of phthalic acid containing two carbon chains located in the ortho position.
(6) “Package” means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container. “Package” also means unsealed receptacles, such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
(7) “Packaging component” means an individual assembled part of a package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels, and disposable gloves used in commercial or institutional food service.
(8) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the same meaning as in section 1661 of this title. (Added 2021, No. 36, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33A - Chemicals of Concern in Food Packaging › § 1672. Food packaging

§ 1672. Food packaging
(a) A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a food package to which PFAS have been intentionally added and are present in any amount.
(b)(1) Pursuant to 3 V.S.A. chapter 25, the Department may adopt rules prohibiting a manufacturer, supplier, or distributor from selling or offering for sale or for promotional distribution a food package or the packaging component of a food package to which bisphenols have been intentionally added and are present in any amount. The Department may exempt specific chemicals within the bisphenol class when clear and convincing evidence suggests they are not endocrine-active or otherwise toxic.
(2) The Department may only prohibit a manufacturer, supplier, or distributor from selling or offering for sale or for promotional distribution a food package or the packaging component of a food package in accordance with this subsection if the Department or at least one other state has determined that a safer alternative is readily available in sufficient quantity and at a comparable cost and that the safer alternative performs as well as or better than bisphenols in a specific application of bisphenols to a food package or the packaging component of a food package.
(3) If the Department prohibits a manufacturer, supplier, or distributor from selling or offering for sale or for promotional distribution a food package or the packaging component of a food package in accordance with this subsection, the prohibition shall not take effect until two years after the Department adopts the rules.
(c) A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a food package that includes inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, or any other additives to which ortho-phthalates have been intentionally added and are present in any amount.
(d) This section shall not apply to the sale or resale of used products. (Added 2021, No. 36, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33A - Chemicals of Concern in Food Packaging › § 1673. Certificate of compliance

§ 1673. Certificate of compliance
The Attorney General may request a certificate of compliance from a manufacturer of food packaging. Within 30 days after receipt of the Attorney General’s request for a certificate of compliance, the manufacturer shall:
(1) provide the Attorney General with a certificate attesting that the manufacturer’s product or products comply with the requirements of this chapter; or
(2) notify persons who are selling a product of the manufacturer’s in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified. (Added 2021, No. 36, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33A - Chemicals of Concern in Food Packaging › § 1674. Rulemaking

§ 1674. Rulemaking
Pursuant to 3 V.S.A. chapter 25, the Commissioner of Health shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter. (Added 2021, No. 36, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33A - Chemicals of Concern in Food Packaging › § 1675. Penalties

§ 1675. Penalties
(a) A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
(b) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies. (Added 2021, No. 36, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33B - Pfas in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments › § 1681. Definitions

§ 1681. Definitions
As used in this chapter:
(1) “Aftermarket stain and water resistant treatments” means treatments for textile and leather consumer products used in residential settings that have been treated during the manufacturing process for stain, oil, and water resistance but excludes products marketed or sold exclusively for use at industrial facilities during the manufacture of a carpet, rug, clothing, or shoe.
(2) “Department” means the Department of Health.
(3) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component.
(4) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the same meaning as in section 1661 of this title.
(5) “Rug or carpet” means a thick fabric used to cover floors. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33B - Pfas in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments › § 1682. Rugs and carpets

§ 1682. Rugs and carpets
(a) A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a residential rug or carpet to which PFAS have been intentionally added in any amount.
(b) This section shall not apply to the sale or resale of used products. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33B - Pfas in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments › § 1683. Aftermarket stain and water resistant treatments

§ 1683. Aftermarket stain and water resistant treatments
(a) A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State aftermarket stain and water resistant treatments for rugs or carpets to which PFAS have been intentionally added in any amount.
(b) This section shall not apply to the sale or resale of used products. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33B - Pfas in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments › § 1684. Certificate of compliance

§ 1684. Certificate of compliance
The Attorney General may request a certificate of compliance from a manufacturer of rugs, carpets, or aftermarket stain and water resistant treatments. Within 30 days after receipt of the Attorney General’s request for a certificate of compliance, the manufacturer shall:
(1) provide the Attorney General with a certificate attesting that the manufacturer’s product or products comply with the requirements of this chapter; or
(2) notify persons who are selling a product of the manufacturer’s in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33B - Pfas in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments › § 1685. Rulemaking

§ 1685. Rulemaking
Pursuant to 3 V.S.A. chapter 25, the Commissioner shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33B - Pfas in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments › § 1686. Penalties

§ 1686. Penalties
(a) A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
(b) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies. (Added 2021, No. 36, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33C - Pfas in Ski Wax › § 1691. Definitions

§ 1691. Definitions
As used in this chapter:
(1) “Department” means the Department of Health.
(2) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component.
(3) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the same meaning as in section 1661 of this title.
(4) “Ski wax” means a lubricant applied to the bottom of snow runners, including skis and snowboards, to improve their grip and glide properties. (Added 2021, No. 36, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33C - Pfas in Ski Wax › § 1692. Ski wax

§ 1692. Ski wax
(a) A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State ski wax or related tuning products to which PFAS have been intentionally added in any amount.
(b) This section shall not apply to the sale or resale of used products. (Added 2021, No. 36, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33C - Pfas in Ski Wax › § 1693. Certificate of compliance

§ 1693. Certificate of compliance
The Attorney General may request a certificate of compliance from a manufacturer of ski wax. Within 30 days after receipt of the Attorney General’s request for a certificate of compliance, the manufacturer shall:
(1) provide the Attorney General with a certificate attesting that the manufacturer’s product or products comply with the requirements of this chapter; or
(2) notify persons who are selling a product of the manufacturer’s in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified. (Added 2021, No. 36, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33C - Pfas in Ski Wax › § 1694. Rulemaking

§ 1694. Rulemaking
Pursuant to 3 V.S.A. chapter 25, the Commissioner shall adopt any rules necessary for the implementation, administration, and enforcement of this chapter. (Added 2021, No. 36, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 33C - Pfas in Ski Wax › § 1695. Penalties

§ 1695. Penalties
(a) A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.
(b) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies. (Added 2021, No. 36, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 34 - Nuclear Decommissioning Citizens Advisory Panel › § 1701. Duties

§ 1701. Duties
The Panel shall serve in an advisory capacity only and shall not have authority to direct decommissioning of the Vermont Yankee site. The duties of the Panel shall be:
(1) To hold a minimum of three public meetings each year for the purpose of discussing issues relating to the decommissioning of Vermont Yankee. The Panel may hold additional meetings.
(2) To advise the Governor, the General Assembly, the agencies of the State, and the public on issues related to the decommissioning of Vermont Yankee, with a written report being provided annually to the Governor and to the energy committees of the General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of reports) shall not apply to this report.
(3) To serve as a conduit for public information and education on and to encourage community involvement in matters related to the decommissioning of Vermont Yankee and to receive written reports and presentations on the decommissioning of the site at its regular meetings.
(4) To periodically receive reports, including those required by the Public Utility Commission Docket No. 8880 Order, on the Decommissioning Trust Fund and other funds associated with decommissioning of or site restoration at Vermont Yankee, including fund balances, expenditures made, and reimbursements received.
(5) To receive reports and presentations at regular meetings regarding the decommissioning progress and plans for Vermont Yankee, including any site assessments and post-shutdown decommissioning assessment reports; provide a forum for receiving public comment on these plans and reports; and provide comment on these plans and reports as the Panel may consider appropriate to State agencies and the owner of Vermont Yankee and in the annual report described in subdivision (2) of this subsection. (Added 1997, No. 147 (Adj. Sess.), § 271, eff. April 29, 1998; amended 2009, No. 135 (Adj. Sess.), § 8; 2013, No. 179 (Adj. Sess.), § E.233, eff. June 9, 2014; 2021, No. 54, § 14; repealed on January 1, 2030 by 2023 No. 53, § 132.)
2023 Vermont Statutes › Title 18 - Health › Chapter 37 - Smoking in Public Places › § 1741. Definitions

§ 1741. Definitions
As used in this chapter:
(1) “Tobacco products” shall have the meaning given in 7 V.S.A. § 1001.
(2) “A place of public access” means any place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which the general public has access or which the general public uses. The term includes:
(A) buildings;
(B) offices;
(C) means of transportation;
(D) common carrier waiting rooms;
(E) arcades;
(F) restaurants, bars, and cabarets;
(G) retail stores;
(H) grocery stores;
(I) libraries;
(J) theaters, concert halls, auditoriums, and arenas;
(K) barber shops and hair salons;
(L) laundromats;
(M) shopping malls;
(N) museums and art galleries;
(O) sports and fitness facilities;
(P) planetariums;
(Q) historical sites;
(R) common areas of nursing homes and hospitals, including the lobbies, hallways, elevators, restaurants, restrooms, and cafeterias; and
(S) buildings or facilities owned or operated by a social, fraternal, or religious club.
(3) “Hospital” means a place devoted primarily to the maintenance and operation of diagnostic and therapeutic facilities for inpatient medical or surgical care of individuals suffering from illness, disease, injury, or deformity, or for obstetrics.
(4) “Publicly owned buildings and offices” means enclosed indoor places or portions of such places owned, leased, or rented by State, county, or municipal governments, or by agencies supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, State, county, or municipal taxes.
(5) “Tobacco substitutes” shall have the same meaning as in 7 V.S.A. § 1001. (Added 1993, No. 46, § 2; amended 2005, No. 34, § 1, eff. Sept. 1, 2005; 2013, No. 135 (Adj. Sess.), § 2; 2015, No. 108 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 18 - Health › Chapter 37 - Smoking in Public Places › § 1742. Restrictions on smoking in public places

§ 1742. Restrictions on smoking in public places
(a) The possession of lighted tobacco products or use of tobacco substitutes in any form is prohibited in:
(1) the common areas of all enclosed indoor places of public access and publicly owned buildings and offices;
(2) all enclosed indoor places in lodging establishments used for transient traveling or public vacationing, such as resorts, hotels, and motels, including sleeping quarters and adjoining rooms rented to guests;
(3) designated smoke-free areas of property or grounds owned by or leased to the State or a municipality; and
(4) any other area within 25 feet of State-owned buildings and offices, except that to the extent that any portion of the 25-foot zone is not on State property, smoking is prohibited only in that portion of the zone that is on State property unless the owner of the adjoining property chooses to designate his or her property smoke-free.
(b) The possession of lighted tobacco products or use of tobacco substitutes in any form is prohibited on the grounds of any hospital or secure residential recovery facility owned or operated by the State, including all enclosed places in the hospital or facility and the surrounding outdoor property.
(c) Nothing in this section shall be construed to restrict the ability of residents of the Vermont Veterans’ Home to possess lighted tobacco products or use tobacco substitutes in the indoor area of the facility in which smoking is permitted.
(d) Nothing in this chapter shall be construed to prohibit the use of tobacco substitutes in a business that does not sell food or beverages but is established for the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and related paraphernalia. (Added 1993, No. 46, § 2; amended 2013, No. 135 (Adj. Sess.), § 3; 2015, No. 108 (Adj. Sess.), § 4; 2017, No. 130 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 18 - Health › Chapter 37 - Smoking in Public Places › § 1743. Exceptions

§ 1743. Exceptions
The restrictions in this chapter on possession of lighted tobacco products and use of tobacco substitutes do not apply to areas not commonly open to the public of owner-operated businesses with no employees. (Added 1993, No. 46, § 2; amended 2005, No. 34, § 2, eff. Sept. 1, 2005; 2009, No. 32, § 3; 2015, No. 108 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 37 - Smoking in Public Places › § 1745. Enforcement

§ 1745. Enforcement
A proprietor, or the agent or employee of a proprietor, who observes a person in possession of lighted tobacco products or using tobacco substitutes in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products or cease using the tobacco substitutes. If the person persists in the possession of lighted tobacco products or use of tobacco substitutes, the proprietor, agent, or employee shall ask the person to leave the premises. (Added 1993, No. 46, § 2; amended 2015, No. 108 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 18 - Health › Chapter 37 - Smoking in Public Places › § 1746. Municipal ordinances

§ 1746. Municipal ordinances
Nothing in this chapter shall be construed to supersede or in any manner affect a municipal smoking ordinance, provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this chapter. (Added 1993, No. 46, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1752. Accreditation of training programs; individuals, entities, or firms involved in lead-based paint or RRPM activities

§ 1752. Accreditation of training programs; individuals, entities, or firms involved in lead-based paint or RRPM activities
(a) The Department shall develop a program to administer and enforce lead-based paint activities and RRPM activities with regard to training and licensing standards, rules, or other requirements established by the Commissioner, which are at least as protective of human health and the environment as the applicable federal programs, for persons engaged in lead-based paint activities and RRPM activities performed on target housing, child-occupied facilities, pre-1978 facilities, commercial facilities, and bridges or other superstructures.
(b) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 establishing standards and specifications for the accreditation of training programs for lead-based paint activities and RRPM activities, including the mandatory topics of instruction, the knowledge and performance standards that must be demonstrated by graduates in order to be certified or licensed, and required accreditation qualifications for training programs and instructors. The standards shall be designed to protect children, their families, and workers from improperly conducted lead-based paint activities and RRPM activities and shall be at least as protective of human health and the environment as the federal programs. Hands-on instruction and instruction for identification and proper handling of historic fabric and materials shall be components of the required training.
(c) The Commissioner shall license consulting contractors, analytical contractors, lead-based paint abatement supervisors, lead-based paint abatement workers, project designers, inspector-risk assessors, RRPM firms, and RRPM supervisors, who have successfully completed an accredited training program and met other requirements as the Commissioner may, by rule, impose.
(d) The Commissioner shall certify individuals engaged in RRPM activities for no compensation and who have successfully completed an accredited training program and met all other requirements as the Commissioner may impose by rule.
(e) After the adoption of rules pursuant to this section, a person shall not perform lead-based paint activities or RRPM activities for compensation without first obtaining a license from the Commissioner. The Commissioner may grant a license to a person who holds a valid license from another state.
(f) Nothing in this chapter shall be construed to limit the authority of the Secretary or the Commissioner of Health, of Labor, or of Environmental Conservation under the provisions of any other law. (Added 1993, No. 94, § 3; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 76, § 11a; 2017, No. 149, § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1753. Accreditation, license, permit, notification, registration, and administrative fees

§ 1753. Accreditation, license, permit, notification, registration, and administrative fees
(a) The Commissioner shall assess fees for accrediting training programs, licenses, license renewals, and permits issued in accordance with this chapter. Fees shall not be imposed on any State or local government, agent of the State, or nonprofit training program and may be waived for the purpose of training State employees.
(b) Each accredited training program and licensee shall be subject to the following annual fees, except where otherwise noted:
(c) Each licensee seeking to complete a lead-based paint abatement project or RRPM activities project involving prohibited or unsafe work practices shall be subject to the following permit fees:
(1) Project permit
$50.00
(2) Project permit revision
$25.00
(d) Fees imposed by this section and monies collected under section 1766 of this chapter shall be deposited into the Lead-Based Paint Accreditation and Licensing Special Fund. Monies in the Fund may be used by the Commissioner only to support Departmental accreditation, certification, licensing, education, and training activities related to this chapter. The Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. (Added 1993, No. 94, § 3; amended 1997, No. 155 (Adj. Sess.), § 59, eff. April 29, 1998; 1999, No. 49, § 189; 2001, No. 65, § 6; 2007, No. 76, § 11b; 2007, No. 176 (Adj. Sess.), § 27; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1754. Public education

§ 1754. Public education
(a) The Commissioner shall prepare and distribute clear and simple materials describing the dangers of lead poisoning, the need for parents to have their child screened, how to have a child tested, and recommended nutrition and housekeeping practices. The Commissioner shall work with persons and organizations involved in occupations that may involve lead hazards or childhood lead poisoning to distribute the materials to their tenants, clients, patients, students, or customers, such as realtors, subcontractors, apartment owners, public housing authorities, pediatricians, family practitioners, nurse clinics, child clinics, other health care providers, child care and preschool operators, and kindergarten teachers. The Commissioner shall also identify those points in time or specific occasions when members of the public are in contact with public agencies and lead might be an issue, such as building permits, home renovations, the WIC program, and programs established under 33 V.S.A. chapters 10, 11, and 12, and make the materials available on these occasions.
(b) The Commissioner shall prepare an appropriate media campaign to educate the public on lead poisoning prevention. The campaign shall include education targeting owner-occupied residences regarding the importance of following safe maintenance and work practices when there is a potential for exposure to lead-based paint. (Added 1993, No. 94, § 3; amended 1995, No. 165 (Adj. Sess.), § 3; 2013, No. 131 (Adj. Sess.), § 116; 2015, No. 97 (Adj. Sess.), § 47; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1755. Universal testing

§ 1755. Universal testing
(a) All health care providers who provide primary health care to children shall test children one and two years of age for elevated blood lead levels in accordance with rules adopted by the Commissioner.
(b) [Repealed.]
(c) All health care providers who provide primary medical care shall ensure that parents and guardians of children six years of age or younger are advised of the availability and advisability of screening and testing their children for lead in accordance with the Commissioner’s guidelines. No health care provider shall be liable for not performing a screening or confirmation test for blood lead level when a parent or guardian has refused to consent or has failed to follow through in response to a referral for a screening or confirmation test. Not later than 120 days after the Department has notified health care providers that it has implemented lead screening reports within the immunization registry, a health care provider shall report to the Department regarding lead screening of children ages one and two pursuant to the guidelines in subsection (a) of this section in a form and as required by the Department.
(d) Any laboratory that analyzes blood samples of Vermont residents for lead levels shall report to the Department all information required by the Department. All health care providers who analyze blood samples for lead levels or who use laboratories outside Vermont to analyze blood samples for lead levels shall report all information required by the Department to the Department immediately by telephone if the result of any analysis is 45 micrograms or more of lead per deciliter of blood, or by electronic means within 14 days after analysis if the result of the analysis is less than 45 micrograms of lead per deciliter of blood. All blood lead data reports to the Department shall include the name, date of birth, date of blood test, and address of the individual whose blood is analyzed and, if known, the owner of the residence of the individual.
(e) Not later than 120 days after the Department has notified laboratories that it has implemented lead screening reports within the immunization registry, a laboratory shall report to the Department regarding lead screening of children ages one and two pursuant to the guidelines in subsection (a) of this section in a form and as required by the Department. (Added 1993, No. 94, § 3; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2007, No. 176 (Adj. Sess.), § 28; 2013, No. 142 (Adj. Sess.), § 92; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2023, No. 6, § 126, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1756. Annual report

§ 1756. Annual report
(a) The Commissioner shall, at least annually, analyze and summarize all aggregate lead screening and testing information provided by physicians, health care facilities, and laboratories and provide this information to all other local and State agencies involved with case management and lead hazard reduction.
(b) The Commissioner shall also at least annually provide to the General Assembly, the health community, and the general public an analysis and summary of such data and a progress report on the Commissioner’s efforts to prevent lead poisoning in young children in a format that is easily understandable to nontechnical readers. The report shall include:
(1) The number and percentage of children under six years of age who have been screened and tested for lead poisoning and the number found to have lead poisoning at various levels.
(2) Estimates of the public and private costs incurred since July 1, 1993 to prevent, correct, or treat lead poisoning.
(3) An analysis of barriers to universal blood screening of children under six years of age.
(4) The Commissioner’s recommendations for action. (Added 1993, No. 94, § 3; amended 2023, No. 6, § 127, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 38 - Lead Poisoning Prevention › § 1757. Children with elevated blood lead levels

§ 1757. Children with elevated blood lead levels
(a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding:
(1) the method and frequency with which children shall be tested for elevated blood lead levels;
(2) the reporting requirements for the lead test result; and
(3) the action required for children found to have elevated blood lead levels.
(b) If the child has an elevated blood lead level, the Commissioner shall provide information on lead hazards to the parents or guardians of the child.
(c) If a child six years of age or younger has a confirmed blood lead level at or above the level determined by the Commissioner, and if resources permit, the Commissioner:
(1) Shall, with the consent of the parent or guardian, provide an inspection of the dwelling occupied by the child or the child-occupied facility the child attends by a State or private lead-based paint inspector-risk assessor and develop a plan in consultation with the parents, owner, physician, and others involved with the child to minimize the exposure of the child to lead. The plan developed under this subdivision shall require that any lead hazards identified through the inspection be addressed. The owner of rental target housing or a child care facility shall address those lead hazards within the owner’s control and shall not be required to abate lead hazards if interim controls are effective.
(2) May inspect and evaluate other dwelling units in the building in which the child is living if it is reasonable to believe that a child six years of age or younger occupies, receives care in, or otherwise regularly frequents the other dwellings in that building.
(d) Nothing in this section shall be construed to limit the Commissioner’s authority under any other provision of Vermont law. (Added 1993, No. 94, § 3; amended 1995, No. 165 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 29; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)