Rep. Wood: Bill aims to regulate ‘forever chemicals’

April 21, 2024 | By Rep. Theresa Wood 

The House recently passed a bill, S.25, relating to regulating cosmetic and other products containing certain chemicals and chemical classes.  Many of these chemicals are known as “forever chemicals” because they essentially do not break down.  Among them are perfluoroalkyl and polyfluoroalkyl substances (PFAS), which are found in many everyday products like paper plates, clothing, cosmetics, menstrual products, artificial turf, just to name a few.  

Representatives from the state’s only landfill located in Coventry testified to the efforts they are undertaking to remove these chemicals, primarily PFAS, from leaching into the groundwater.  In fact, the federal government recently issued requirements for municipal water supply testing and remediation. Because this is a public health as well as an environmental issue, the House Human Services Committee (my committee) took a great deal of testimony to further strengthen the bill sent to us from the Senate.  This bill prohibits a number of chemicals from being intentionally added by the manufacturer to certain products.  These products include juvenile products designed or marketed for use by infants and children under 12 years of age including items such as booster seats, changing pads, play mats, single-use diapers, etc.  

Other products where the intentional addition of these chemicals is prohibited are textiles including clothing, swimwear, footwear, reusable diapers, leggings, etc.  Additional limitations are placed on cookware, stain and water-resistant treatments, rugs and carpets, certain firefighting foam and food packaging.

During the process of taking testimony, it became apparent that the general public is not aware of the presence of these chemicals in everyday products. Therefore, we require the Department of Health to develop a community engagement plan to provide education to the public on chemicals of concern. The department will return to the legislature with an implementation plan by July 1, 2025.

Over the last several years, the legislature has dealt with these public health and environmental issues on a product-by-product basis. And given the broad impact of these chemicals, jurisdiction crosses over several departments and agencies. In S.25 we ask the Agency of Natural Resources in consultation with the Agency of Agriculture, Food and Markets, the Department of Health and the Office of the Attorney General to propose a program requiring the state to identify and restrict the sale and distribution of consumer products containing PFAS that could impact public health and the environment.  This report is due back by Nov. 1, 2024.

These chemicals will continue to plague the environment and the people of Vermont.  They are pervasive, and in some situations, there are no currently known alternatives.  They do serve a significant purpose in many of the products, and as the committee worked on this bill, we focused on those items where there was an available alternative.  Just think about looking at the ingredient list when you are standing in the store making a decision about what frying pan to purchase, or what is added to your outdoor wear to make it water resistant.

The bill was passed unanimously by the House and was returned to the Senate for their final vote before being sent to the governor for signature.

State Rep. Theresa Wood, a Waterbury Democrat, is one of two representatives in the Washington-Chittenden district representing Waterbury, Bolton, Huntington and Buel’s Gore. She chairs the House Committee on Human Services. 

Reach her at twood@leg.state.vt.us.