SAFEGUARDS | Consumer Products NO. 122/16

SafeGuardS kids playing dough

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.  

On June 1, 2016 the governor of Vermont signed the bill H.595 [2] into law. The new law titled “An act relating to potable water supplies from surface waters” is a multi-part law that covers a variety of environment related topics. Section 11 of this law amends 18 V.S.A. § 1775 Chapter 38A: Chemicals of High Concern to Children. The amendment removes the existing July 1, 2016 start date and adds a new section (l) which reads:

 (l) Submission of notice; dates. Unless the Commissioner adopts by rule a phased-in reporting requirement under section 1776 of this title, a manufacturer shall submit the notice required under subsection (a) of this section by:

  • (1) January 1, 2017; and
  • (2) August 31, 2018, and biennially thereafter

Highlights of the revised reporting process are summarized in Table 1:

Table 1: Vermont

18 V.S.A. CHAPTER 38A (S.239)
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 seats

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 (≥ 100 ppm)

Starting 1 January, 2017; and again by August 31, 2018 then every 2 years thereafter


  • 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, Consumer and Retail

t: +01 862 233 5775

Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!

© SGS Group Management SA - 2016 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.