§ 7104. Notification

(a) Effective July 1, 2006, no mercury-added product may be offered for final sale, sold at a final sale, or distributed in Vermont, unless the manufacturer or its designated industrial trade group gives prior notification in writing to the Agency or the multistate clearinghouse described in section 7103 of this chapter, as provided in this section. This notification, in a form approved by the Agency, at a minimum shall include:

(1) a brief description of the product or category of products to be offered for sale or distributed;

(2) the purpose for which mercury is used in each individual product or category of products;

(3) the amount of mercury in each unit of the product or product component, reported as an exact number or as falling within a range approved by the Agency;

(4) the name and address of the manufacturer, or manufacturers, and the name, address, and telephone number of a contact person for the manufacturer; and

(5) the total amount of mercury in all units of the product or product components sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as aggregated by a manufacturer trade association for all units of the product or components made by the industry.

(b) With the approval of the Agency or multistate clearinghouse, the manufacturer may supply the information required in this section for a product category rather than an individual product. The manufacturer or its designated industrial trade group shall revise the information in the notification whenever there is a significant change in the information or when requested by the Agency or the multistate clearinghouse. The information required under subdivision (a)(5) of this section must be updated and provided to the Agency or multistate clearinghouse every three years on a date established through the multistate clearinghouse.

(c) [Repealed.]

(d) The requirements of this section do not apply to drugs approved by the U.S. Food and Drug Administration or to any mercury-added product for which federal law governs notice in a manner that preempts State authority.

(e) Public disclosure of any business information submitted to the Agency pursuant to this section shall be governed by the requirements of 1 V.S.A. § 317. Notwithstanding the provisions of 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with copies of that information, and the Agency, in consultation with the clearinghouse, may compile or publish analyses or summaries of that information, provided the analyses or summaries do not identify any manufacturer or reveal any confidential information. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 2.)