U.S. Vermont Adopts Bill S.239 – An Act Relating to the Regulation of Toxic Substances

Vol. 773 | June 17, 2014

On June 10, 2014, Vermont Governor Peter Shumlin signed the bill S.239 adopting Act Relating to the Regulation of Toxic Substances, which requires manufacturers of products with toxic chemicals that can cause harmful health effects to disclose when those chemicals are present in children’s products. Eventually, some of the chemicals of concern could be banned for sale in Vermont for use in children’s products or require a label before they can be sold.

Following are highlights of the Act.

Scope:

  • Covered – Children's products (accessible components only), including but not limited to toys, jewelry, cosmetics, childcare articles and car seats.
  • Exempted – Packaging of the products within scope, food, beverage, tobacco product, pesticide, drug, ammunition, aircraft, motor vehicle, vessel, consumer electronic products, interactive software, snow sporting equipment and used products.

Child or children means an individual or individuals under 12 years of age

Effective date: June 10, 2014.

Chemicals of High Concern to Children (CHCC) 

  • Currently there are 66 CHCCs on the list, which are same as the ones on Washington Children’s Safe Products Act: Reporting Rule.
  • Beginning July 1, 2017, and biennially thereafter, the Commissioner of Health (The Commissioner) to review the CHCC list for revision.

Party responsible for Reporting:

  • Domestic manufacturer
  • Private labeler
  • Sells product to retailer, i.e. importer of record

CHCC Disclosure Notice

  • Beginning July 1, 2016, and biennially thereafter, disclosure of CHCC required, unless the Commissioner adopts phased-in reporting requirements by rule.
  • Disclosure of CHCC(s) required if:
    • CHCC was intentionally added, or
    • CHCC present as a contaminant above 100 ppm. Manufacturing control program exemption provided.
  • Disclosure notice format to be specified by the Commissioner.
  • Department of Health can enter in to reciprocal data sharing with other States.

Fees – manufacturer/responsible party reporting shall pay $200 per notice.

Commissioner by rulemaking can regulate the sale, prohibit sale or require labeling prior to sale or distribution, of children's product containing a CHCC.

  • Recommendation has to come from the CHCC Working Group
  • Consideration factor – possibility of exposure with probability of adverse health hazard from exposure.
  • By July 1, 2017, the health commissioner will publish a detailed description of the rule-making procedure.

Reference:

For questions, please contact:
Dr. Pratik Ichhaporia
Tel: +1.312.906.7720
Email: pratik.ichhaporia@intertek.com

 

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