PFAS in Firefighting Agents and Equipment

V.S.A. tit. 9, ch. 63, subch. 12B

in effect

9 V.S.A. § 2494p Definitions

2494p. Definitions As used in this subchapter: (1) “Class B firefighting foam” means chemical foams designed for flammable liquid fires. (2) “Intentionally added PFAS” means PFAS added to a product regulated under this subchapter or one of its product components to provide a specific characteristic, appearance, or quality or to perform a specific function. “Intentionally added PFAS” also includes any degradation byproducts of PFAS or PFAS that are intentional breakdown products of an added chemical. For the purposes of this chapter, the use of PFAS as a processing agent, mold release agent, or intermediate is considered intentional introduction where PFAS are detected in the final covered product. (3) “Manufacturer” means any person engaged in the business of making or assembling a consumer product directly or indirectly available to consumers. “Manufacturer” excludes a distributor or retailer, except when a consumer product is made or assembled outside the United States, in which case a “manufacturer” includes the importer or first domestic distributor of the consumer 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 2023, No. 131 (Adj. Sess.), § 6, eff. Jan. 1, 2026; amended 2025, No. 54, § 8, eff. Jan. 1, 2026.

9 V.S.A. § 2494q Prohibition of certain class B firefighting foam

2494q. 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 2023, No. 131 (Adj. Sess.), § 6, eff. Jan. 1, 2026.

9 V.S.A. § 2494r Restriction on manufacture, sale, and distribution; exceptions

2494r. Restriction on manufacture, sale, and distribution; exceptions (a) 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. (b) A person operating a terminal 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 2023, No. 131 (Adj. Sess.), § 6, eff. Jan. 1, 2026.

9 V.S.A. § 2494s Prohibited sale of personal protective equipment containing PFAS

2494s. Prohibited sale of personal protective equipment containing PFAS [Subsection (a) effective until July 1, 2029; see also subsection (a) effective July 1, 2029 set out below.] (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 subchapter, 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. [Subsection (a) effective July 1, 2029; see also subsection (a) effective until July 1, 2029 set out above.] (a) A manufacturer or other person that sells firefighting equipment to any person, municipality, or State agency shall not sell, offer for sale, distribute for sale, or distribute for use in this State any personal protective equipment to which PFAS have been intentionally added. [Subsection (b) effective until July 1, 2029; see also subsection (b) effective July 1, 2029 until July 1, 2032 set out below.] (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. [Subsection (b) effective July 1, 2029 until July 1, 2032; see also subsection (b) effective until July 1, 2029 set out above.] (b) The prohibitions under subsection (a) of this section shall not apply to personal protective equipment that is a respirator or respirator protection equipment, provided that a manufacturer of a respirator or respirator protection equipment shall provide written notice to the purchaser at the time of sale, citing to this subchapter if the respirator or respirator protection equipment contains PFAS. The written notice shall include a statement that the respirator or respirator protection equipment contains PFAS and the reason PFAS are added to the equipment. The manufacturer or person selling the respirator or respirator protection equipment and the purchaser of the respirator or respirator protection equipment shall retain the notice for at least three years from the date of the transaction. [Subsection (b) repealed effective July 1, 2032.] (b) [Repealed.] Added 2023, No. 131 (Adj. Sess.), § 6, eff. Jan. 1, 2026; amended 2025, No. 54, § 9, eff. July 1, 2029; 2025, No. 54, § 10, eff. July 1, 2032; 2025, No. 91 (Adj. Sess.), § 37, eff. April 30, 2026.

9 V.S.A. § 2494t Notification; recall of prohibited products

2494t. 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 subchapter 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 the person operating a terminal holds a temporary exemption pursuant to subsection 2494r(b) 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 2023, No. 131 (Adj. Sess.), § 6, eff. Jan. 1, 2026.

9 V.S.A. § 2494u Certificate of compliance

2494u. Certificate of compliance (a) The Attorney General may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. Within 60 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 subchapter; 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 subchapter and submit to the Attorney General a list of the names and addresses of those persons notified. (b) A manufacturer required to submit a certificate of compliance pursuant to this section may rely upon a certificate of compliance provided to the manufacturer by a supplier for the purpose of determining the manufacturer’s reporting obligations. A certificate of compliance provided by a supplier in accordance with this subsection shall be used solely for the purpose of determining a manufacturer’s compliance with this section. Added 2023, No. 131 (Adj. Sess.), § 6, eff. Jan. 1, 2026.

9 V.S.A. § 2494v Violations

2494v. Violations (a) A violation of this subchapter is deemed to be a violation of section 2453 of this title. (b) 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 subchapter 1 of this chapter. Added 2023, No. 131 (Adj. Sess.), § 6, eff. Jan. 1, 2026.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/09/063Fetched: 10/21/2026