U.S. – Vermont Approves Reporting Rule for Chemicals of High Concern in Children’s Products

Vol. 877 | December 13, 2015

On November 19, 2015, the U.S. state of Vermont Legislative Council approved the Chemicals of High Concern in Children’s Products Rulei, under Act No. 188ii relating to the regulation of toxic substances. This rule went into effect December 10, 2015.

Under this rule, “child” or “children” means an individual or individuals under 12 years of age. Children’s product means any consumer product, marketed for use by, marketed to, sold, offered for sale, or distributed to children in the state of Vermont, including toys; children’s cosmetics; children’s jewelry; a product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, or to be worn as clothing by children; and child car seats. Products exempted from the scope of this rule are: packaging of the children’s products within scope, food, beverage, tobacco products, pesticides, drugs, ammunition, aircraft, motor vehicles, vessels, consumer electronics products, interactive software, snow sporting equipment and used products.

Beginning July 1, 2016 , and biennially thereafter, a manufacturer or importer of children’s products is required to file a notice to the Department of Health if an accessible component of the children’s product contains a chemical of high concern (CHCC) that is:

  • intentionally added above Practical Quantification Limits (PQL).; OR
  • a contaminant at 100 ppm or higher.
    • A manufacturer or importer may be exempted from reporting the chemicals that are contaminants if the manufacturer implemented a manufacturing control program and excised due diligence to minimize the presence of contaminants in the children’s product.

Currently, there are 66 chemicals on the Vermont Reporting Rule CHCC listiii and they are identical to those contained in the Washington Children’s Safe Products Act – Reporting Rule. Beginning on July 1, 2017, and biennially thereafter, the Commissioner of Health shall review the CHCC list to determine if additional chemicals shall be added.

A fee of $200 will be collected for each notice. The disclosure notice shall include the following information:

  1. The name of the CHCC and its CAS #;
  2. The product description including GPC brick or product component containing the CHCC;
  3. The total amount of the CHCC by weight contained in each product component within each product category;
  4. Name and address of manufacturer and name, address and phone number of contact person for the manufacturer;
  5. Function of the CHCC in the product;
  6. The brand name and product model; and
  7. Any other relevant information.

For questions, please contact:

Dr. Megan Liu

Tel: +1.224.520.3114

Email: megan.liu@intertek.com

Laxmi Ravikumar

Tel: +1.630.209.9265

Email: laxmi.ravikumar@intertek.com

 

http://healthvermont.gov/regs/documents/chemicals_high_concern_childrens_products_rule.pdf
ii http://legislature.vermont.gov/assets/Documents/2014/Docs/ACTS/ACT188/ACT188%20As%20Enacted.pdf
iii http://healthvermont.gov/enviro/chemical/documents/chemicals_of_high_concern_to_children.pdf

 

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