Vermont has (1) notification, (2) phase-out and (3) labeling requirements for mercury-containing products. See below for more information.
Mercury-Added Product Manufacturer Requirements
1. Notification Requirements
If you manufacture, sell, distribute, or import a mercury-added product that you wish to sell in Vermont, you must file a Mercury-Added Product Notification Form online through IMERC.
2. Labeling Requirements
In Vermont, all products containing mercury must be labeled, except for button cell batteries and products that include them. This rule covers any item—whether it's a product, chemical, or part of something else—that has mercury added on purpose to give it a specific feature, appearance, or function. Without proper labeling, these items can't be sold in Vermont.
Standard labeling requirements for mercury-added products:
- Label visible to product user;
- Text in English with font size of at least 10 points;
- Label attached to the product in a way that will last throughout its life (such as mounted, engraved, or embossed).
- Includes the words "contains mercury."
- Includes that the product cannot be thrown in the trash and must be recycled or disposed of as hazardous waste (e.g., "dispose according to local, state, or federal laws").
- If the product has an internal mercury-containing part, the label must identify it (e.g., "the lamp in this product contains mercury").
- If the label on the product is hidden by packaging, the packaging* must also be labeled.
- If sold through catalogs, phone, or online, customers must be informed that the product contains mercury before they buy it, through a label or sales info.
Minimum standard labeling:
Labels meet Vermont and all IMERC-member states' requirements if they include:
- Text that says "contains mercury" (at least 10-point font)
- The "Hg" symbol inside a circle
- A symbol, like a crossed-out trash can, showing it can't be thrown in regular trash.
*Package labeling requirements:
- All mercury-added product packaging must have a label, unless the product has no packaging or is wrapped in something like shrink wrap or loaded on pallets where a label can’t be attached.
- If a replacement part with mercury is sold separately, its packaging must also be labeled.
- If a manufacturer buys a product from another company and repackages it with their own brand, they must label the new package.
Large Appliances:
If your product is a large appliance sold in a store where it’s displayed, both the product and its mercury-containing parts must be labeled. If the appliance is sold directly from the showroom floor, the label should be placed on the display model. If it’s sold without being displayed, the manufacturer must inform the buyer about the mercury content before purchase.
Motor Vehicles:
- Internal mercury-containing parts do not need labels.
- A label listing the mercury-containing components (like headlamps or displays) must be placed on the driver’s side doorpost unless otherwise approved.
- The car dealer must apply this label if trading a new car with another state.
- No label is required for used vehicles.
- For cars without suitable doorposts, the label must be placed in a visible spot near the entry point, with approval from the Department of Environmental Conservation.
- The label must say:
- "This vehicle may include mercury-containing devices installed by the manufacturer: High Intensity Discharge Headlamps, Navigation Display, Back-lit Instruments, Remove Devices Before Vehicle Disposal, Upon Removal of Devices: Please Reuse, Recycle, or Dispose as Hazardous Waste"
Products with Replaceable Mercury-Added Lamps:
All of the following must be labeled:
- Internal lamp
- Larger product
- Care and use manual (if provided),
- Lamp housing or cartridge (if it's replaceable by the user)
For mercury-added luminaires, you must label the product, the lamps, and the packaging, even if the lamps are sold separately from the luminaire.
If the characteristics of the product (such as size or temperature) do not allow for standard labeling (the full message in 10 point font) or if placing the label directly on the product interferes with the function of a product, a manufacturer may apply for an alternative method for labeling the product. (See 10 V.S.A. §7106h)
A manufacturer may apply through for an alternative to the requirements of the standard labeling law when:
- Strict compliance with the requirements is not technically feasible as determined by the IMERC-member states;
- The proposed alternative would be at least as effective in providing presale notification of mercury content and instructions on proper disposal; and/or
- Federal law governs labeling in a manner that preempts the state authority.
Submit applications for alternative labeling to the Interstate Mercury Education and Reduction Clearinghouse (IMERC). IMERC will facilitate a multi-state review of the proposed alternative. This joint review process will help ensure that alternative labeling plans submitted for approval by a manufacturer will meet the labeling requirements in all IMERC-member states.
3. Phase-Out Requirements
Vermont has phased out the sale of most mercury-containing products. Items with mercury added for a specific function or feature are no longer allowed to be sold, except for a few exceptions. This is to reduce environmental and health risks.
Sale banned products
- Instruments, measuring devices, and neon signs;
- Novelties (excludes products containing button cell batteries or mercury added lamps);
- Fever Thermometers (excludes thermometers with button cell batteries);
- Thermostats (mercury-added);
- Elemental mercury (except for medical, manufacturing or research purposes);
- Dairy manometers
Exemption-eligible sale banned products:
- Barometers, esophageal dilators, bougie tubes, gastrointestinal tubes, flow meters, hydrometers, hygrometers or psychrometers, manometers other than dairy, pyrometers, sphygmomanometers, thermometers other than fever thermometers, mercury-added neon type signs or lamps;
- Mercury switches and relays (and products that contain these components)
Exemption application:
Exemption-approved products must have proper systems in place for collecting, transporting, and recycling at the end of life. This could involve returning the product to the manufacturer or a recycling program supported by an industry or group. Also, one of the following must apply:
- The product offers a clear benefit to the environment, public health, or safety compared to non-mercury options, or
- No feasible alternatives are available at a reasonable cost.
Manufacturers can apply by filling out the exemption form from IMERC and selecting Vermont. A review will be conducted by multiple states, but each state will respond separately to the request.
Resources
For more information on sale bans, exempted products, exemption requirements, and the exemption application form, visit NEWMOA’s webpage and scroll down for “What States Have Sales Bans and/or Phase-Outs?”
- Mercury Lamp Recyclers Association (MLRA) Lamp Recycling:
- Letter from IMERC to Amazon.com
Contact Information:
Sarah Hobson
Phone: (802) 636-7926
Email: sarah.hobson@vermont.gov