Detergents and Household Cleansing Products

V.S.A. tit. 10, ch. 47, subch. 5

in effect

10 V.S.A. § 1381 Definitions

1381. Definitions As used in this subchapter: (1) “Commercial establishment” means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including laundries, hospitals, and food or restaurant establishments. (2) “Household cleansing product” means any product, including soaps and detergents used for domestic or commercial cleaning purposes, including the cleansing of fabric, dishes, food utensils, and household and commercial premises. Household cleansing product shall not mean: (A) Food, drugs and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap; (B) Products labeled, advertised, marketed, and distributed for use primarily as economic poisons as defined in 6 V.S.A. § 911(5). (3) “Phosphorus” means elemental phosphorus. (4) “Trace quantity” means an incidental amount of phosphorus that is not part of the household cleansing product formulation, is present only as a consequence of manufacturing and does not exceed 0.5 percent of the content of the product by weight, expressed as elemental phosphorus. (5) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative. (6) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. Added 1977, No. 39, § 1, eff. April 19, 1977; amended 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 31.

10 V.S.A. § 1382 Prohibitions

1382. Prohibitions (a) No household cleansing products containing a phosphorus compound in concentrations in excess of a trace quantity may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment in this State, except as set forth in subsections (b) and (c) of this section. (b) No household cleansing product used in a dishwasher in a commercial establishment, used to cleanse food and beverage processing equipment, including dishes, pots, pans, and utensils, used to cleanse medical or surgical equipment, or used to cleanse dairy equipment may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment if it contains a phosphorus compound in concentrations in excess of 8.7 percent by weight expressed as elemental phosphorus. (c) As of July 1, 2010, no household cleansing product used in a residential dishwasher may be distributed, sold, offered for sale at retail or wholesale, or exposed for sale at retail or wholesale if it contains a phosphorus compound in concentrations in excess of a trace quantity, except for product inventory purchased by retailers prior to July 1, 2010. (d) The provisions of this section shall not be construed to limit the phosphorus content of household cleansing products used in agricultural production and for cleansing equipment used in processing of agricultural products. (e) The provisions of this section shall not be construed to limit the phosphorus content of household cleaning products approved by the Commissioner of Health for use in lead hazard management projects. Added 1977, No. 39, § 1, eff. April 19, 1977; amended 1993, No. 229 (Adj. Sess.), § 1; 2007, No. 28, § 1.

10 V.S.A. § 1383 Exclusions

1383. Exclusions The manufacturer of a cleansing product used primarily in industrial manufacturing, production, and assembling processes or any user of the product may apply to the Secretary to have the product excluded from regulation under this subchapter. The application shall contain sufficient evidence to show that the cleansing product is used primarily in industrial manufacturing, production, and assembling processes and that there is no reasonably available alternative to the user. The exclusion shall only extend to the use of the product in industrial manufacturing, production, and assembling processes. The exclusion, if granted, shall be for a specified period of time and may be extended by the Secretary upon further application by the industrial manufacturer or user. Added 1977, No. 39, § 1, eff. April 19, 1977.

10 V.S.A. § 1384 Penalty

1384. Penalty A person who violates a provision of this subchapter shall be fined not more than $2,500.00 for a single violation. In the case of a continuing violation, each day’s continuance after notification by a law enforcement officer shall be considered an additional offense for which a person shall be fined not more than $100.00 for each day’s offense, in addition to the penalty imposed for a single violation. Added 1977, No. 39, § 1, eff. April 19, 1977.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/047Fetched: 10/21/2026