US – Vermont Finalizes Rules for Reporting ‘Chemicals of High Concern to Children’ in Children’s Products
On 19 November, 2015, Vermont approved the rules that will govern reporting for ‘AN ACT RELATING TO THE REGULATION OF TOXIC SUBSTANCES’.
SAFEGUARDS | Consumer Products NO. 205/15
The act established a list of Chemicals of High Concern to Children (CHCC) and required manufacturers to report use of the chemicals in children’s products to the Vermont Department of Health. The first reports are required by 1 July, 2016.
In June of 2014 we informed you that the U.S. state of Vermont had enacted (S.239) as 18 V.S.A. chapter 38A  that requires a manufacturer or trade association to report the presence of certain chemicals in products intended for children under 12 years of age to the Vermont Department of Health. The Vermont Department of Health has provided a website  with detailed information about the reporting procedure and links to the law and rules.
On 19 November, 2015, the final rule that governs reporting was approved. The new rules do not change any provisions of the law and do provide definitions for the terms “Manufacturer”,“Practical quantification limit”,“Product component”,“Product model”, and “contaminant” that were not included in the original act. Section 5 of the rule contains the official list of substances that are identical to the list used by the Washington state and Oregon CHCC reporting programs. Section 6 details the information that is required when reporting for each chemical. The rule also confirms that ranges will be used for reporting, the same as the Washington State Reporting Rules .
The deadline for the first reports for existing products is 1 July, 2016. Reporting is required when a new product is introduced into Vermont and every 2 years after the initial report. The Vermont Department of Health is expecting reporting by chemical rather than by product and multiple products may be included in a single chemical report.
Highlights of the reporting process are summarized in Table 1:
|18 V.S.A. chapter 38A (S.239)|
|Substance||Scope||Requirement||Enforcement Date of Reporting|
|Chemicals of high concern to children (CHCCs)||
Products for children under the age of 12, including
Manufacturer or trade association representative to report CHCC in accessible component of children’s product to the Dept of Health if CHCC is
|Biennially starting 1 July, 2016|
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