On January 3, 2012, Vermont State Senator Virginia Lyons introduced a bill titled, “An Act Relating to Lead in Food and Other Edible Products” (S.182) that would remove “food, vitamins and [dietary] supplements” from the definition of a “children’s product,” as codified in the Vermont Statutes (Section 1. 9 V.S.A. § 2470e), so that lead levels in food may in the future be regulated by a stricter standard than provided for consumer products. The bill would amend a state consumer products law passed in Vermont in July 2008, which prohibits the sale of any children’s product containing more than 100 ppm lead (by weight). The draft legislation includes an effective date of July 1, 2012. The bill has been referred for further action to the Vermont Senate Committee on Natural Resources and Energy – where Sen. Lyons serves as Committee Chair.

The passage and implementation of S.182 would allow Vermont to implement a law establishing more stringent lead limits for foods, vitamins and dietary supplements than the 100 ppm currently in force for children’s products. If this were to occur, Vermont could become the first state in the nation to specifically enact lead limits for foods. By comparison, the US Food and Drug Administration (FDA) has established a maximum lead limit of 1 ppm for candy likely to be consumed frequently by small children. However, FDA has not established a federal standard for lead in food.

We will continue to follow the status of S.182. For additional information, please contact Georgia Ravitz, James Ravitz or Jim Hartten at Arent Fox. To view the draft legislation, click here.