A bill that detractors say will allow regulators to cherry pick evidence in order to limit the sale of toxic or potentially toxic toys surprised many legislators by passing the second time Thursday through the state’s House chamber with a 93 to 52 vote.
Supporters say the bill, S.103, will protect Vermonters from toxic and hazardous chemicals. It must survive a third vote in the waning hours of the legislative session in order to move on to the Senate. Senators have already approved the bill but must review it and vote again to concur with revisions in the House.
The bill was crafted by Sen. Brian Campion, D-Bennington, spurred in part by the pollution of Vermont wells with the carcinogen perfluorooctanoic acid, or PFOA, primarily in the Bennington area.
The bill requires that new wells be tested for certain harmful chemicals.
The most hotly debated portions of the legislation would give the state greater authority to regulate toys containing toxic and potentially toxic chemicals. The health commissioner would have the ability to regulate toys whose components “may” harm children, as opposed to current law which requires regulation of toys that “will” harm children.
The commissioner could also make determinations on whether to regulate children’s toys based on credible, peer-reviewed research, as opposed to “the weight of evidence” supporting such a finding.
In addition, it would form a working group that would make recommendations to the health commissioner, suggesting how to more effectively regulate the use of toxic and hazardous substances in the state.
The working group would create a statewide database listing chemicals used in Vermont.
