Title 18, Title 18: Health

§ 1603. Duties of state—Article III (a) It shall be the duty of each party state to formulate and put into effect an intrastate radiation incident plan which is compatible with the interstate radiation incident plan formulated pursuant to this compact. (b) Whenever the compact ad…

§ 1604. Liability—Article IV (a) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state t…

§ 1605. Facilities, equipment and personnel—Article V (a) Whenever a department, agency, or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological…

§ 1606. Compact administrators—Article VI Each party state shall have a compact administrator who shall be the head of the state agency having principal responsibility for radiation protection, and who: (1) Shall coordinate activities pursuant to this compact in and on behalf of …

§ 1607. Other responsibilities and activities—Article VII Nothing in this compact shall be construed to: (1) Authorize or permit any party state to curtail or diminish its radiation protection program, equipment, services, or facilities. (2) Limit or restrict the powers of any st…

§ 1608. Withdrawal—Article VIII Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the govern…

§ 1609. Construction and severability—Article IX It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared…

§ 1621. Commissioner of Health; duties The Commissioner of Health shall formulate and keep current a radiation incident plan for this State in accordance with the duty assumed pursuant to article III(a) of the compact. (Added 1967, No. 26, § 2, eff. March 14, 1967; amended 2023, …

§ 1622. Administrator The compact administrator for this State, as required by article VI of the compact, shall be the Commissioner of Health. (Added 1967, No. 26, § 3, eff. March 14, 1967.)

§ 1651. Definitions In this chapter: (1) “By-product material” means each of the following: (A) Any radioactive material, other than special nuclear material, that is yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing spe…

§ 1652. State radiation control (a) The Department is the radiation control agency for the State of Vermont. The Commissioner may designate the Radiation Control Director within the Department as the individual who shall perform the functions vested in the Department by this chap…

§ 1653. Federal-State agreements (a) The Governor, on behalf of the State of Vermont, may enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to by-product, source, and special nuclear…

§ 1654. Inspection The Department or its duly authorized representatives may enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of this chapter and rules issued pursuant to this cha…

§ 1655. Hearings and judicial review (a) In any proceeding under this chapter for the issuance or modification of rules relating to control of by-products, source, and special nuclear materials; or for granting, suspending, revoking, or amending any license; or for determining co…

§ 1656. Injunction proceedings Whenever, in the judgment of the Department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute a violation of any provision of this chapter, or any rule adopted pursuant to this chapter, the …

§ 1657. Penalties Any person who violates this chapter or rules adopted pursuant to this chapter shall, upon conviction thereof, be imprisoned not more than six months or fined not more than $500.00 or less than $100.00, or be both imprisoned and fined. (Added 1967, No. 27, § 7; …

§ 1673. Certificate of compliance [Repealed effective January 1, 2026] (Added 2021, No. 36, § 2, eff. July 1, 2023; repealed by 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.)

§ 1694. Rulemaking [Repealed effective January 1, 2026] (Added 2021, No. 36, § 4, eff. July 1, 2023; repealed by 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.)

§ 1695. Penalties [Repealed effective January 1, 2026] (Added 2021, No. 36, § 4, eff. July 1, 2023; repealed by 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.)

§ 1741. Definitions As used in this chapter: (1) “Tobacco products” shall have the meaning given in 7 V.S.A. § 1001. (2) “A place of public access” means any place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately …

§ 1742. Restrictions on smoking in public places (a) The possession of lighted tobacco products or use of tobacco substitutes in any form is prohibited in: (1) the common areas of all enclosed indoor places of public access and publicly owned buildings and offices; (2) all enclos…

§ 1743. Exceptions The restrictions in this chapter on possession of lighted tobacco products and use of tobacco substitutes do not apply to areas not commonly open to the public of owner-operated businesses with no employees. (Added 1993, No. 46, § 2; amended 2005, No. 34, § 2, …

§ 1745. Enforcement A proprietor, or the agent or employee of a proprietor, who observes a person in possession of lighted tobacco products or using tobacco substitutes in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products or cease …

§ 1746. Municipal ordinances Nothing in this chapter shall be construed to supersede or in any manner affect a municipal smoking ordinance, provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this chapter. (Ad…

§ 1751. Definitions (a) Words and phrases used in this chapter shall have the same meaning as provided in the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 unless there is an inconsistency, in which case any definition provided in this section that narrows, li…

§ 1752. Accreditation of training programs; individuals, entities, or firms involved in lead-based paint or RRPM activities (a) The Department shall develop a program to administer and enforce lead-based paint activities and RRPM activities with regard to training and licensing s…

§ 1753. Accreditation, license, permit, notification, registration, and administrative fees (a) The Commissioner shall assess fees for accrediting training programs, licenses, license renewals, and permits issued in accordance with this chapter. Fees shall not be imposed on any S…

§ 1754. Public education (a) The Commissioner shall prepare and distribute clear and simple materials describing the dangers of lead poisoning, the need for parents to have their child screened, how to have a child tested, and recommended nutrition and housekeeping practices. The…

§ 1755. Universal testing (a) All health care providers who provide primary health care to children shall test children one and two years of age for elevated blood lead levels in accordance with rules adopted by the Commissioner. (b) [Repealed.] (c) All health care providers who …

§ 1756. Annual report (a) The Commissioner shall, at least annually, analyze and summarize all aggregate lead screening and testing information provided by physicians, health care facilities, and laboratories and provide this information to all other local and State agencies invo…

§ 1757. Children with elevated blood lead levels (a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding: (1) the method and frequency with which children shall be tested for elevated blood lead levels; (2) the reporting requirements for the lead test res…

§ 1759. RRPM activities (a)(1) RRPM activities include activities that disturb lead-based paint on target housing and child-occupied facilities, unless the property has been certified as lead-free pursuant to subsection (e) of this section. RRPM practices for target rental housin…

§ 1760. Presumption of lead-based paint; prohibited and unsafe work practices (a) All paint in target housing, child-occupied facilities, and pre-1978 public facilities, commercial facilities, and bridges or other superstructures is presumed to be lead-based unless the component …

§ 1761. Duty of reasonable care; negligence; liability (a) An owner of rental target housing or a child care facility or an owner’s representative shall take reasonable care to prevent exposure to, and the creation of, lead hazards. In an action brought under this section, eviden…

§ 1762. Secured lenders and fiduciaries; liability (a) A person who holds indicia of ownership in rental target housing or a child care facility furnished by the owner or person in lawful possession, for the primary purpose of assuring repayment of a financial obligation, and who…

§ 1763. Public financial assistance; rental target housing and child care facilities Every State agency or instrumentality that makes a commitment to provide public financial assistance for the purchase or rehabilitation of rental target housing or child care facilities shall giv…

§ 1764. Lead inspectors; financial responsibility (a) The Commissioner shall require that a licensee or an applicant for a license under subsection 1752(e) of this chapter provide evidence of ability to indemnify properly a person who suffers damage from lead-based paint activiti…

§ 1765. Liability insurance (a) If the Commissioner of Financial Regulation determines that lead hazards have substantially diminished the availability of liability insurance for owners of rental target housing or child care facilities and that a voluntary market assistance plan …

§ 1766. Enforcement; administrative penalties (a) A person who violates this chapter may be subject to an administrative penalty not to exceed $5,000.00 for each determination of a separate violation. If the Commissioner determines that a violation is continuing, each day’s conti…

§ 1767. Transfer of ownership of target housing; RRPM compliance (a) Prior to the time a purchase and sale agreement for target housing is executed, the seller shall provide the buyer with materials approved by the Commissioner, including a lead hazard brochure and materials on o…

§ 1771. Policy It is the policy of the State of Vermont: (1) to protect public health and the environment by reducing exposure of its citizens and vulnerable populations, such as children, to toxic chemicals, particularly when safer alternatives exist; and (2) that the State atte…

§ 1772. Definitions As used in this chapter: (1) “Aircraft” shall have the same meaning as in 5 V.S.A. § 202. (2) “Chemical” means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance …

§ 1773. Chemicals of high concern to children (a) List of chemicals of high concern to children. The following chemicals are designated as chemicals of high concern to children for the purposes of the requirements of this chapter: (1) Formaldehyde. (2) Aniline. (3) N-Nitrosodimet…

§ 1774. Chemicals of High Concern to Children Working Group (a) Creation. The Chemicals of High Concern to Children Working Group (Working Group) is created within the Department of Health for the purpose of providing the Commissioner of Health advice and recommendations regardin…

§ 1775. Disclosure of information on chemicals of high concern (a) Notice of chemical of high concern to children. A manufacturer of a children’s product or a trade association representing a manufacturer of children’s products shall submit to the Department the notice described …

§ 1776. Rulemaking; additional chemicals of concern to children; prohibition of sale (a) Rulemaking authority. The Commissioner shall, after consultation with the Secretary of Natural Resources, adopt rules as necessary for the purposes of implementing, administering, or enforcin…