reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 24A - Lead in Drinking Water of Schools and Child Care Facilities › § 1242. Definitions

§ 1242. Definitions
As used in this chapter:
(1) “Action level” means four parts per billion (ppb) of lead.
(2) “Alternative water source” means:
(A) water from an outlet within the building or facility that is below the action level; or
(B) containerized, bottled, or packaged drinking water.
(3) “Building” means any structure, facility, addition, or wing that may be occupied or used by children or students.
(4) “Child care provider” has the same meaning as in 33 V.S.A. § 3511.
(5) “Child care facility” or “facility” has the same meaning as in 33 V.S.A. § 3511.
(6) “Commissioner” means the Commissioner of Health.
(7) “Department” means the Department of Health.
(8) “Drinking water” has the same meaning as in 10 V.S.A. § 1671.
(9) “Independent school” has the same meaning as in 16 V.S.A. § 11.
(10) “Outlet” means a drinking water fixture currently or reasonably expected to be used for consumption or cooking purposes, including a drinking fountain, an ice machine, or a faucet as determined by a school district, supervisory union, independent school, or child care provider.
(11) “School district” has the same meaning as in 16 V.S.A. § 11.
(12) “Supervisory union” has the same meaning as in 16 V.S.A. § 11. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 24A - Lead in Drinking Water of Schools and Child Care Facilities › § 1244. Response to action level; notice; reporting

§ 1244. Response to action level; notice; reporting
If a sample of drinking water under section 1243 of this title indicates that drinking water from an outlet is at or above the action level, the school district, supervisory union, independent school, or child care provider that owns, controls, or operates the building or facility in which the outlet is located shall conduct remediation to eliminate or reduce lead levels in the drinking water from the outlet. In conducting remediation, a school district, supervisory union, independent school, or child care provider shall strive to achieve the lowest level of lead possible in drinking water. At a minimum, the school district, supervisory union, independent school, or child care provider shall:
(1)(A) prohibit use of an outlet that is at or above the action level until:
(i) implementation of a lead remediation plan that is consistent with the U.S. Environmental Protection Agency’s 3Ts for Reducing Lead in Drinking Water in Schools; and
(ii) sampling indicates that lead levels from the outlet are below the action level; or
(B) prohibit use of an outlet that is at or above the action level until the outlet is permanently removed, disabled, or otherwise cannot be accessed by any person for the purposes of consumption or cooking;
(2) provide occupants of the building or child care facility an adequate alternative water source until remediation is performed;
(3) notify all staff and all parents or guardians of students directly of the test results and the proposed or taken remedial action in writing or by electronic means within 10 school days after receipt of the laboratory report;
(4) submit lead remediation plans to the Department as they are completed;
(5) notify all staff and all parents or guardians or students in writing or by electronic means of what remedial actions have been taken; and
(6) submit notice to the Department of Health that remediation plans have been completed. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 24A - Lead in Drinking Water of Schools and Child Care Facilities › § 1245. Record keeping; public notification; database

§ 1245. Record keeping; public notification; database
(a) Record keeping. The Department of Health shall retain all records of test results, laboratory analyses, lead remediation plans, and waiver requests for 10 years following the creation or acquisition of the record. Records produced or acquired by the Department under this chapter are public records subject to inspection or copying under the Public Records Act.
(b) Public notification. On or before March 1, 2021, the Commissioner shall publish on the Department website the data from testing under section 1243 of this title so that the results of sampling are fully transparent and accessible to the public. The data published by the Department shall include a list of all buildings or facilities owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider at which drinking water from an outlet tested is at or above the action level within the previous two years of reported samples. The Commissioner shall publish all retesting data on the Department’s website within two weeks of receipt of the relevant laboratory analysis. The Secretary of Education shall include a link on the Agency of Education website to the Department of Health website required under this subsection. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 24A - Lead in Drinking Water of Schools and Child Care Facilities › § 1246. Lead remediation plan; guidance; communication

§ 1246. Lead remediation plan; guidance; communication
(a) Consultation. When a laboratory analysis of a sample of drinking water from an outlet at a building or facility owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider is at or above the action level, the school district, supervisory union, independent school, or child care provider may consult with the Commissioner regarding the development of a lead remediation plan or other necessary response.
(b) Guidance; lead remediation plan. The Commissioner, after consultation with the Secretary of Natural Resources, the Commissioner for Children and Families, and the Secretary of Education, shall issue guidance on development of a lead remediation plan by a school district, supervisory union, independent school, or child care provider. The guidance provided by the Commissioner shall reference the U.S. Environmental Protection Agency’s 3Ts for Reducing Lead in Drinking Water in Schools.
(c) Communications. The Department of Health shall develop sample communications for parents for use by school districts, supervisory unions, independent schools, and child care providers concerning lead in water and reducing exposure to lead under this chapter. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 24A - Lead in Drinking Water of Schools and Child Care Facilities › § 1247. Rulemaking

§ 1247. Rulemaking
(a) The Commissioner shall adopt rules under this chapter to achieve the purposes of this chapter.
(b) On or before November 1, 2020, the Commissioner, with continuing consultation with the Secretary of Natural Resources, the Commissioner for Children and Families, and the Secretary of Education, shall adopt rules regarding the implementation of the requirements of this chapter. The rules shall include:
(1) requirements or guidance for taking samples of drinking water from outlets in a building or facility owned, controlled, or operated by a school district, supervisory union, independent school, or child care provider that are no less stringent than the requirements of the U.S. Environmental Protection Agency’s 3Ts for Reducing Lead in Drinking Water in Schools and that include a first draw sample and second flush sample;
(2) the frequency and scope of continued sampling of outlets by school districts, supervisory unions, independent schools, and child care providers, provided that the Department may stagger when continued sampling shall occur by school or provider, school type or provider type, or initial sampling results;
(3) requirements for implementation of a lead mitigation plan or other necessary response to a report that drinking water from an outlet is at or above the action level; and
(4) any other requirements that the Commissioner deems necessary for the implementation of the requirements of this chapter. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 24A - Lead in Drinking Water of Schools and Child Care Facilities › § 1248. Enforcement; penalties

§ 1248. Enforcement; penalties
In addition to any other authority provided by law, the Commissioner of Health or a hearing officer designated by the Commissioner may, after notice and an opportunity for hearing, impose an administrative penalty of up to $500.00 for a violation of the requirements of this chapter. The hearing before the Commissioner shall be a contested case subject to the provisions of 3 V.S.A. chapter 25. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
2023 Vermont Statutes › Title 18 - Health › Chapter 26 - Certification of Asbestos Contractors › § 1331. Definitions

§ 1331. Definitions
As used in this chapter:
(1) “Asbestos” means the asbestiform varieties of chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite.
(2) “Asbestos abatement” means the repair, enclosure, removal, encapsulation, or any other activity for the evaluation or control of any material that contains more than one percent asbestos by weight.
(3) “Commissioner” means the Commissioner of Health or the Commissioner’s designee. (Added 1985, No. 238 (Adj. Sess.), eff. June 3, 1986.)
2023 Vermont Statutes › Title 18 - Health › Chapter 26 - Certification of Asbestos Contractors › § 1332. Certification

§ 1332. Certification
Any person may apply to the Commissioner for certification as an asbestos contractor permitted to perform asbestos abatement in the State of Vermont. Certification shall be granted to any person who meets the standards for certified asbestos contractors established by the Commissioner by rule. The Commissioner shall provide proof of certification to all successful applicants. The Commissioner shall maintain and, upon request, make available a list of asbestos contractors certified under this chapter. The Commissioner shall, by rule, establish procedures to be followed under this chapter. (Added 1985, No. 238 (Adj. Sess.), eff. June 3, 1986.)
2023 Vermont Statutes › Title 18 - Health › Chapter 26 - Certification of Asbestos Contractors › § 1333. Notification of work

§ 1333. Notification of work
Any contractor performing asbestos abatement work must notify the Commissioner 10 working days prior to beginning work. (Added 1985, No. 238 (Adj. Sess.), eff. June 3, 1986.)
2023 Vermont Statutes › Title 18 - Health › Chapter 26 - Certification of Asbestos Contractors › § 1334. Application fees

§ 1334. Application fees
(a) The Commissioner shall require the payment of certification and permit fees at the time of application. The Commissioner shall not process an application for which fees have not been paid. No person shall perform asbestos abatement without obtaining certification and a permit from the Commissioner.
(b) Certification and permit fees shall be:
(1) Certification fees
(A) Entities
$600.00 Initial
$150.00 Additional
(B) Consultants
$180.00 Initial
$150.00 Additional
(C) Analysts
$ 60.00
(D) Workers
$ 60.00
(E) Supervisors
$120.00
(F) Training courses—two-year period
Initial
$480.00
Refresher
$300.00
(2) Permit fees
(A) more than 10 square feet
through 100 square feet
$ 75.00
(B) more than 10 linear feet
through 100 linear feet
$ 75.00
(C) more than 100 square feet
through 1,000 square feet
$150.00
(D) more than 100 linear feet
through 1,000 linear feet
$150.00
(E) more than 1,000 square feet
$300.00
(F) more than 1,000 linear feet
$300.00
(G) permit revision charge
$ 50.00
(c) Fees collected under this section shall be credited to a special fund and shall be available to the Department to offset the costs of providing these services. (Added 1989, No. 210 (Adj. Sess.), § 120; amended 1991, No. 5, § 35, eff. March 13, 1991; 1997, No. 155 (Adj. Sess.), § 58; 2007, No. 76, § 10.)
2023 Vermont Statutes › Title 18 - Health › Chapter 28 - Occupational Health › § 1415. Division of Occupational Health

§ 1415. Division of Occupational Health
To implement the policy of the State expressed in 21 V.S.A. § 201, and to continue the functions of the Division of Industrial Hygiene, there is created within the Department of Health the Division of Occupational Health, which shall be administered by the Director of Occupational Health under direction and control of the Commissioner of Health. The Division is the successor to and a continuation of the Division of Industrial Hygiene. (Added 1971, No. 205 (Adj. Sess.), § 2; amended 2023, No. 53, § 62, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 28 - Occupational Health › § 1416. Definitions

§ 1416. Definitions
As used in this chapter:
(1) “Director” means the Director of Occupational Health.
(2) “Division” means the Division of Occupational Health.
(3) “Employee” means any person engaged in service to an employer for wages, salary, or other compensation, excluding an independent contractor.
(4) “Employer” means a person who employs one or more persons.
(5) “Health hazard” means any material, including biological material or energy, or both, in any form from any source that can adversely affect the health of any employee, or can adversely affect the health of any person exposed in a place of employment or any person adversely exposed from a source in a place of employment.
(6) “Occupational disease” means a disease caused by exposure to an occupational health hazard.
(7) “VOSHA Code” means this chapter and 21 V.S.A. chapter 3, subchapters 4 and 5.
(8) “Person” means a natural person, corporation, partnership, trust, society, club, association, or other organization, including municipalities and the State.
(9) “Place of employment” means any work place or place where an employee is engaged in performance of his or her work or duties, or that is used in connection with an employee’s employment. It includes structures, buildings, machinery, equipment, tools, appliances, and materials used in connection with the employment. It also includes land and premises where an employer is carrying on any activity or business involving the use of one or more employees. (Added 1971, No. 205 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 62; 2023, No. 6, § 116, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 28 - Occupational Health › § 1417. Functions and duties of Division

§ 1417. Functions and duties of Division
The Division of Occupational Health shall:
(1) maintain necessary laboratory facilities and equipment required to effectively perform its functions;
(2) study occupational health hazards and occupational diseases and procedures necessary for their control or prevention, and recommend necessary rules for such control or prevention to the Commissioner of Health and the Secretary of Human Services;
(3) investigate places of employment to determine the presence of health hazards which may be the cause or which may be suspected of being the cause of illness or occupational disease;
(4) investigate health hazards in places of employment that cause ill health or occupational disease, or may be suspected of doing so, and recommend rules to the Commissioner of Health and the Secretary of Human Services for the control or elimination of the health hazards;
(5) advise employers of the existence of conditions at work places which cause ill health or occupational disease;
(6) make inspections and investigations to discover violation of health standards and rules promulgated by the Secretary of Human Services under the VOSHA Code, and report any violation other than de minimis violations to the Commissioner of Labor, and cooperate with that Commissioner in taking action against violators of the VOSHA Code;
(7) test the effectiveness of control appliances and equipment used by employers and report any deficiency in performance to the employer and the Commissioner of Labor;
(8) consult, advise, and assist employers in the development and maintenance of medical services and programs for employees. (Added 1971, No. 205 (Adj. Sess.), § 2; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2017, No. 113 (Adj. Sess.), § 63; 2023, No. 53, § 63, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 28 - Occupational Health › § 1418. Control equipment

§ 1418. Control equipment
The Commissioner of Health may by order require an employer to provide protective equipment, install and maintain control appliances and equipment, or take any other action necessary to remove or control a health hazard or to prevent a health hazard from becoming injurious. Failure to do so within the time limited by the Director shall be a violation of the VOSHA Code and shall be reported to the Commissioner of Labor. (Added 1971, No. 205 (Adj. Sess.), § 2; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 18 - Health › Chapter 28 - Occupational Health › § 1421. Smoking in the workplace; prohibition

§ 1421. Smoking in the workplace; prohibition
(a) The possession of lighted tobacco products or use of tobacco substitutes as defined in 7 V.S.A. § 1001 is prohibited in any workplace.
(b)(1) As used in this subchapter, “workplace” means an enclosed structure where employees perform services for an employer, including restaurants, bars, and other establishments in which food or drinks, or both, are served. In the case of an employer who assigns employees to departments, divisions, or similar organizational units, “workplace” means the enclosed portion of a structure to which the employee is assigned.
(2) Except for schools, workplace does not include areas commonly open to the public or any portion of a structure that also serves as the employee’s or employer’s personal residence.
(3) For schools, workplace includes any enclosed location where instruction or other school-sponsored functions are occurring.
(4) For lodging establishments used for transient traveling or public vacationing, such as resorts, hotels, and motels, workplace includes the sleeping quarters and adjoining rooms rented to guests.
(5) The prohibition on using tobacco substitutes in a workplace shall not apply to 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.
(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. (Added 1987, No. 69, § 2, eff. July 1, 1988; amended 1987, No. 162 (Adj. Sess.), § 2; 2009, No. 32, § 1; 2013, No. 135 (Adj. Sess.), § 1; 2015, No. 108 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 28 - Occupational Health › § 1426. Enforcement

§ 1426. Enforcement
(a) An employee aggrieved by an employer’s failure to comply with the provisions of this subchapter may file a complaint with the Department of Health.
(b) In addition to any other authority provided by law, the Commissioner of Health or a hearing officer designated by the Commissioner may, after notice and an opportunity for hearing, impose an administrative penalty of $100.00 against an employer who violates this chapter. The hearing before the Commissioner shall be a contested case subject to the provisions of 3 V.S.A. chapter 25 (Administrative Procedure Act). (Added 1987, No. 69, § 2, eff. July 1, 1988; amended 2009, No. 32, § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 28 - Occupational Health › § 1427. Employee rights

§ 1427. Employee rights
(a) An employer shall not discharge or discipline or otherwise discriminate against an employee because that employee assisted in the supervision or enforcement of this chapter.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against in violation of this section may, within 30 days after such violation occurs, file a complaint with the Commissioner of Health alleging such discrimination. Upon receipt of such complaint, the Commissioner shall cause such investigation to be made as the Commissioner deems appropriate. If, upon investigation, the Commissioner determines that the provisions of this section have been violated, he or she shall bring an action in Superior Court against such person. In any such action, the court shall have jurisdiction for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay.
(c) Within 90 days after the receipt of a complaint filed under this section, the Commissioner shall notify the complainant of the determination under subsection (b) of this section. (Added 1987, No. 69, § 2, eff. July 1, 1988; amended 2023, No. 6, § 117, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 28 - Occupational Health › § 1428. Municipal ordinances

§ 1428. Municipal ordinances
Nothing in this subchapter 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 subchapter. (Added 1987, No. 69, § 2, eff. July 1, 1988.)
2023 Vermont Statutes › Title 18 - Health › Chapter 29 - Offenses Against Public Health › § 1504. Distribution of samples of medicine

§ 1504. Distribution of samples of medicine
A person, firm, or corporation that distributes or causes to be distributed a free or trial sample of a medicine, drug, chemical, or chemical compound, by leaving the same exposed upon the ground, sidewalks, porch, doorway, letter box, or in any other manner that children may become possessed of the same shall be fined not more than $300.00 nor less than $100.00.
2023 Vermont Statutes › Title 18 - Health › Chapter 29 - Offenses Against Public Health › § 1510. Improper possession, use, or sale of glues and hazardous inhalants; penalty

§ 1510. Improper possession, use, or sale of glues and hazardous inhalants; penalty
(a) As used in this section:
(1) “Glue containing a solvent having the property of releasing toxic vapors or fumes” means any glue, cement, or other adhesive containing one or more of the following chemical compounds: acetone, cellulose acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene trichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene, or such other similar material as the Commissioner shall by regulation prescribe.
(2) “Hazardous inhalants” means any of the preparation of compounds containing one or more of the chemical compounds amyl nitrite, isoamyl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite, or any other akyl nitrite compound that is either designed to be used, or commonly used, as an inhalant.
(b) No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes from any hazardous inhalants or from any glue containing a solvent having the property of releasing toxic vapors or fumes. Nothing in this subsection shall be interpreted as applying to the inhalation of any anesthesia or inhalant for medical or dental purposes.
(c) No person shall, for the purpose of violating subsection (b) of this section, use or possess for the purpose of using any hazardous inhalants or any glue containing a solvent having the property of releasing toxic vapors or fumes.
(d) A person who violates this section shall be fined not more than $25.00.
(e) The State’s Attorney may require as a condition of diversion that a person who is charged with a violation of this section shall attend and complete a substance abuse program at the person’s own expense. A person who is convicted of violating this section and who is placed on probation, shall, as a condition of probation, be required to attend and complete a substance abuse program at the person’s own expense. (Added 1993, No. 150 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 29 - Offenses Against Public Health › § 1511. Phthalates

§ 1511. Phthalates
(a) As used in this section:
(1) “Child care article” means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.
(2) “Phthalate” means any one of a group of chemicals used as plasticizers to provide flexibility and durability to plastics such as polyvinyl chloride (PVC).
(3) “Toy” means any product designed or intended by the manufacturer to be used by children when they play.
(b) Beginning July 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent.
(c) Beginning July 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product can be placed in the child’s mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.
(d) Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this section.
(e) Manufacturers shall not replace phthalates, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA’s “List of Chemicals Evaluated for Carcinogenic Potential” as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.
(f) Manufacturers shall not replace phthalates, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.
(g) A violation of this section 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.
(h) Nothing in this section shall be construed to regulate firearms; ammunition or components thereof; pellets from air rifles; shooting ranges or circumstances resulting from shooting, handling, storing, casting, or reloading ammunition; or hunting or fishing equipment or components thereof. (Added 2007, No. 171 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012.)
2023 Vermont Statutes › Title 18 - Health › Chapter 29 - Offenses Against Public Health › § 1512. Bisphenol A

§ 1512. Bisphenol A
(a) As used in this section:
(1) “Baby food” means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger and that is commercially available.
(2) “Bisphenol A” means an industrial chemical used primarily in the manufacture of polycarbonate plastic and epoxy resins.
(3) “Infant formula” means a milk-based or soy-based powder, concentrated liquid, or ready-to-feed substitute for human breast milk that is intended for infant consumption and that is commercially available.
(4) “Reusable food or beverage container” means a receptacle for storing food or beverages, including baby bottles, spill-proof cups, sports bottles, and thermoses. The term does not include food or beverage containers intended for disposal after initial usage. The term shall not include commercial water cooler jugs.
(b) Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any reusable food or beverage container containing bisphenol A.
(c)(1) Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a plastic container or jar that contains bisphenol A.
(2) Beginning July 1, 2014, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a can that contains bisphenol A.
(d) Manufacturers shall use the least toxic alternative when replacing bisphenol A in accordance with this section.
(e) Manufacturers shall not replace bisphenol A, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA’s “List of Chemicals Evaluated for Carcinogenic Potential” as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.
(f) Manufacturers shall not replace bisphenol A, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.
(g) A violation of this section 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. (Added 2009, No. 112 (Adj. Sess.), § 2, eff. May 19, 2010; amended 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012.)
2023 Vermont Statutes › Title 18 - Health › Chapter 29 - Offenses Against Public Health › § 1513. Tanning facilities; minors; penalty

§ 1513. Tanning facilities; minors; penalty
(a) As used in this section:
(1) “Operator” means a person designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct in the operation and use of the tanning facility or tanning equipment.
(2) “Tanning equipment” means any device that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including a sunlamp, tanning booth, or tanning bed.
(3) “Tanning facility” means any location, place, area, structure, or business that provides persons access to any tanning equipment, including tanning salons, health clubs, apartments, and condominiums, regardless of whether a fee is charged for access to the tanning equipment.
(b) This section shall apply to any tanning facility in Vermont; provided, however, that it shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.
(c) It shall be unlawful for a tanning facility or operator to allow any person who has not yet reached 18 years of age to use any tanning equipment.
(d) Any tanning facility or operator that allows a person under 18 years of age to use any tanning equipment shall be subject to a civil penalty of not more than $100.00 for the first offense and not more than $500.00 for any subsequent offense. An action to enforce this section shall be brought in the Judicial Bureau pursuant to 4 V.S.A. chapter 29.
(e) The Commissioner of Health shall adopt such rules as are necessary to carry out the provisions of this section.
(f) A tanning facility owner, lessee, or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases, or operates in this State a notice developed by the Commissioner of Health addressing the following:
(1) that it is unlawful for a tanning facility or operator to allow a person under 18 years of age to use any tanning equipment;
(2) that a tanning facility or operator that violates the provisions of this section shall be subject to a civil penalty;
(3) that an individual may report a violation of the provisions of this section to his or her local law enforcement agency; and
(4) the health risks associated with tanning. (Added 2011, No. 97 (Adj. Sess.), § 1; amended 2023, No. 6, § 118, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 30 - Maternal Mortality Review Panel › § 1551. Definitions

§ 1551. Definitions
As used in this chapter:
(1) “Maternal mortality” or “maternal death” means:
(A) pregnancy-associated death;
(B) pregnancy-related death; or
(C) pregnancy-associated but not pregnancy-related death.
(2) “Pregnancy-associated death” means the death of a woman while pregnant or within one year following the end of pregnancy, irrespective of cause.
(3) “Pregnancy-associated, but not pregnancy-related death” means the death of a woman while pregnant or within one year following the end of pregnancy due to a cause unrelated to pregnancy.
(4) “Pregnancy-related death” means the death of a woman while pregnant or within one year following the end of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by her pregnancy or its management, but not from accidental or incidental causes. (Added 2011, No. 35, § 2, eff. May 18, 2011.)
2023 Vermont Statutes › Title 18 - Health › Chapter 30 - Maternal Mortality Review Panel › § 1553. Duties

§ 1553. Duties
(a) The Panel, in collaboration with the Commissioner of Health or designee, shall conduct comprehensive, multidisciplinary reviews of maternal mortality in Vermont.
(b) Each member of the Panel shall be responsible for disseminating Panel recommendations to his or her respective institution and professional organization, as applicable. All such information shall be disseminated through the institution’s or organization’s quality assurance program in order to protect the confidentiality of all participants and patients involved in any incident.
(c) [Repealed.]
(d) The Panel shall not:
(1) call witnesses or take testimony from any individual involved in the investigation of a maternal death;
(2) enforce any public health standard or criminal law or otherwise participate in any legal proceeding, except to the extent that a member of the Panel is involved in the investigation of a maternal death or resulting prosecution and must participate in a legal proceeding in the course of performing his or her duties outside the Panel. (Added 2011, No. 35, § 2, eff. May 18, 2011; amended 2015, No. 131 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 18 - Health › Chapter 30 - Maternal Mortality Review Panel › § 1554. Confidentiality

§ 1554. Confidentiality
(a) The Panel’s meetings are confidential and shall be exempt from the Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2. The records produced or acquired by the Panel are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The records of the Panel are not subject to discovery, subpoena, or introduction into evidence in any civil or criminal proceeding; provided, however, that nothing in this subsection shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the Panel’s proceedings.
(b) Members of the Panel shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting of the Panel; provided, however, that nothing in this subsection shall be construed to prevent a member of the Panel from testifying to information obtained independently of the Panel or that is public information. (Added 2011, No. 35, § 2, eff. May 18, 2011; amended 2019, No. 142 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 30 - Maternal Mortality Review Panel › § 1555. Information related to maternal mortality

§ 1555. Information related to maternal mortality
(a)(1) Health care providers; health care facilities; clinics; laboratories; medical records departments; and State offices, agencies, and departments shall report all maternal mortality deaths to the Chair of the Maternal Mortality Review Panel and to the Commissioner of Health or designee.
(2) The Commissioner and the Chair may acquire the information described in subdivision (1) of this subsection from health care facilities, maternal mortality review programs, and other sources in other states to ensure that the Panel’s records of Vermont maternal mortality cases are accurate and complete.
(b)(1) In any case under review by the Panel, upon written request of the Commissioner or designee, a person who possesses information or records that are necessary and relevant to the review of a maternal mortality shall, as soon as practicable, provide the Panel with the information and records. All requests for information or records by the Commissioner or designee related to a case under review shall be provided by the person possessing the information or records to the Panel at no cost.
(2) The Commissioner or designee may retain identifiable information regarding facilities where maternal deaths occur and geographic information on each case solely for the purposes of trending and analysis over time. In accordance with the rules adopted pursuant to subdivision 1556(4) of this title, all individually identifiable information on individuals and identifiable information on facilities shall be removed prior to any case review by the Panel.
(3) The Chair shall not acquire or retain any individually identifiable information.
(4) As used in this subsection, “individually identifiable information” includes vital records; hospital discharge data; prenatal, fetal, pediatric, or infant medical records; hospital or clinic records; laboratory reports; records of fetal deaths or induced terminations of pregnancies; and autopsy reports.
(c) If a root cause analysis of a maternal mortality event has been completed, the findings of such analysis shall be included in the records supplied to the review Panel. (Added 2011, No. 35, § 2, eff. May 18, 2011; amended 2019, No. 142 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 18 - Health › Chapter 30 - Maternal Mortality Review Panel › § 1556. Rulemaking

§ 1556. Rulemaking
The Commissioner of Health, with the advice and recommendation of a majority of the members of the Panel, shall adopt rules pursuant to 3 V.S.A. chapter 25 related to the following:
(1) The system for identifying and reporting maternal deaths to the Commissioner or designee.
(2) The form and manner through which the Panel may acquire information under section 1555 of this title.
(3) The protocol to be used in carefully and sensitively contacting a family member of the deceased woman for a discussion of the events surrounding the death, including allowing grieving family members to delay or refuse such an interview.
(4) Ensuring de-identification of all individuals and facilities involved in the Panel’s review of cases. (Added 2011, No. 35, § 2, eff. May 18, 2011.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1601. Purposes—Article I

§ 1601. Purposes—Article I
The purposes of this compact are to:
(1) Promote the radiological health protection of the public and individuals within the party states.
(2) Provide mutual aid and assistance in radiological health matters, including radiation incidents.
(3) Encourage and facilitate the efficient use of personnel and equipment by furthering the orderly acquisition and sharing of resources useful for programs of radiation protection. (Added 1967, No. 26, § 1, eff. March 14, 1967.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1602. Enactment—Article II

§ 1602. Enactment—Article II
This compact shall become effective when enacted into law by any two or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law. Any state not mentioned in this article which is contiguous to any party state may become a party to this compact by enacting the same. (Added 1967, No. 26, § 1, eff. March 14, 1967.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1603. Duties of state—Article III

§ 1603. Duties of state—Article III
(a) It shall be the duty of each party state to formulate and put into effect an intrastate radiation incident plan which is compatible with the interstate radiation incident plan formulated pursuant to this compact.
(b) Whenever the compact administrator of a party state requests aid from the compact administrator of any other party state pursuant to this compact, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people. The compact administrator of a party state may delegate any or all of his or her authority to request aid or respond to requests for aid pursuant to this compact to one or more subordinates, in order that requests for aid and responses thereto shall not be impeded by reason of the absence or unavailability of the compact administrator. Any compact administrator making such a delegation shall inform all the other compact administrators thereof, and also shall inform them of the identity of the subordinate or subordinates to whom the delegation has been made.
(c) Each party state shall maintain adequate radiation protection personnel and equipment to meet normal demands for radiation protection within its borders. (Added 1967, No. 26, § 1, eff. March 14, 1967.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1604. Liability—Article IV

§ 1604. Liability—Article IV
(a) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid.
(b) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
(c) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state, on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
(d) Any party state rendering outside aid to cope with a radiation incident shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, and maintenance of officers, employees and equipment incurred in connection with such request: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense, or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.
(e) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state for or in which the officer or employee was regularly employed. (Added 1967, No. 26, § 1, eff. March 14, 1967.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1605. Facilities, equipment and personnel—Article V

§ 1605. Facilities, equipment and personnel—Article V
(a) Whenever a department, agency, or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological health program or programs determines that such a facility or item of equipment is not being used to its full capacity by such party state, or that temporarily it is not needed for current use by such state, a department, agency, or officer may, upon request of an appropriate department, agency, or officer of another party state, make such facility or item of equipment available for use by such requesting department, agency, or officer. Unless otherwise required by law, the availability and use resulting therefrom may be with or without charge, at the discretion of the lending department, agency, or officer. Any personal property made available pursuant to this paragraph may be removed to the requesting state, but no such property shall be made available, except for a specified period and pursuant to written agreement. Except when necessary to meet an emergency, no supplies or materials intended to be consumed prior to return shall be made available pursuant to this paragraph.
(b) In recognition of the mutual benefits, in addition to those resulting from article IV, accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to radiation protection, such personnel may be made available to a party state by appropriate departments, agencies, and officers of other party states; provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved.
(c) Nothing in this article shall be construed to limit or to modify in any way the provisions of article IV of this compact. (Added 1967, No. 26, § 1, eff. March 14, 1967.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1606. Compact administrators—Article VI

§ 1606. Compact administrators—Article VI
Each party state shall have a compact administrator who shall be the head of the state agency having principal responsibility for radiation protection, and who:
(1) Shall coordinate activities pursuant to this compact in and on behalf of his state.
(2) Serving jointly with the compact administrators of the other party states, shall develop and keep current an interstate radiation incident plan; consider such other matters as may be appropriate in connection with programs of cooperation in the field of radiation protection and allied areas of common interest; and formulate procedures for claims and reimbursement under the provisions of article IV. (Added 1967, No. 26, § 1, eff. March 14, 1967.)
2023 Vermont Statutes › Title 18 - Health › Chapter 31 - New England Compact on Radiological Health Protection › § 1607. Other responsibilities and activities—Article VII

§ 1607. Other responsibilities and activities—Article VII
Nothing in this compact shall be construed to:
(1) Authorize or permit any party state to curtail or diminish its radiation protection program, equipment, services, or facilities.
(2) Limit or restrict the powers of any state ratifying the same to provide for the radiological health protection of the public and individuals, or to prohibit the enactment or enforcement of state laws, rules, or regulations intended to provide for such radiological health protection.
(3) Affect any existing or future cooperative relationship or arrangement between federal, state or local governments and a party state or states. (Added 1967, No. 26, § 1, eff. March 14, 1967.)