SAFEGUARDS | Consumer Products NO. 096/19
In June 2014, the US state of Vermont signed the S.238 bill into law (Act 188 codified as V.S.A. Title 18: Chapter 38A ‘Chemicals of High Concern to Children’) (the ‘Act’) to require a manufacturer of a children’s product or a trade association representing a manufacturer of children’s products to report the presence of chemicals of high concern to children (CHCCs) to the Department of Health (DOH) (Safeguard 121/14). That piece of legislation also directs the DOH to publish ‘Rules’ for implementing the Act.
According to the Act, reporting is required if the CHCC is in an accessible component of a children’s product, and is:
- Intentionally added and is greater than the practical quantification limit (PQL), or
- A contaminant that is equal to or greater than 100 ppm
On June 19, 2019, Vermont signed into law the S.55 bill relating to ‘Toxics Use Reduction and Reporting’ and ‘Chemicals of High Concern to Children’ – CHCCs. This latest revision to the CHCC reporting rule contains, inter alia, a number of important changes:
- Amending the standard for adding a chemical by rule to the CHCC list
- Requiring reporting to include the brand name, product model, and if available, the universal product code (UPC code)
- The next reporting date is August 31, 2020 and each year thereafter (not biennially)
- Directing the Commissioner of Health to adopt by rule the process and procedure for reporting a children’s product that is introduced for sale between the required dates for reporting – this rule must be adopted by January 1, 2020
The aforementioned provisions for CHCC reporting rule will become effective on July 1 ,2019.
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