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 [1] 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 [2] 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 [3].

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

  • – Clothing
  • – Cosmetics
  • – Jewelry
  • – Products to help child with sucking or teething, to facilitate sleep, relaxation, or feeding
  • – Toys
  • – Child car seat

Manufacturer or trade association representative to report CHCC in accessible component of children’s product to the Dept of Health if CHCC is

  • – Intentionally added at a level above PQL or
  • – Present as a contaminant (³ 100 ppm)
Biennially starting 1 July, 2016


  • – Practical Quantification Limit (PQL) for each chemical is available on the Vermont Department of Health website.
  • – The law mandates a reporting fee
  • – Reporting exempted for CHCC as contaminant if manufacturer implemented quality control and exercised due diligence to minimise the presence of contaminant in children’s product

Throughout our global network, SGS offers consultation and comprehensive testing services (physical/mechanical, chemical, flammability, electrical safety, etc) covering the full spectrum of international product safety and regulatory standards for a wide range of toys. Our laboratories are internationally recognized by major industry associations, accreditation bodies and authorities. With the largest global network of toy experts and testing facilities around the world (including 3 EU Notified Bodies and about 40 CPSC-Accepted Testing Laboratories), SGS is the partner to trust. Please do not hesitate to contact us for further information or visit our website.

For enquiries, please contact:

William Baxter
Technical Manager, SGS Consumer Testing Services
t: +01 862 233 5775

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