Vermont has recently adopted a revision to its disclosure program for children’s products. The new provisions will become effective on August 15, 2019.

SAFEGUARDS | Consumer ProductsNO. 118/19

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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

The Vermont DOH has recently adopted a revision to its disclosure program for children’s products. The latest adopted reporting rule contains, inter alia, several important changes:

  • Expanding the list of CHCCs from 66 to 86 (see Table 1 below for the 20 newly added chemicals – these are identical to the proposal reported in Safeguard 18/19)
  • Establishing the process on how CHCCs may be added or removed from the list, and how a chemical may be prohibited for sale or distribution
  • Reporting on or before August 31, 2020 will be for products offered for sale between September 1, 2018 and August 31, 2020
  • Revising the reporting frequency from biennially to annually for submissions after August 31, 2020 – this is now consistent with the S.55 bill that was signed into law in June 2019 (Safeguard 96/19)

The newly adopted rule will become effective on August 15, 2019.

It is important to note that the S.55 bill also requires the disclosure program to include the brand, product model, and if available, the universal code (UPC code) in the CHCC reporting rule.

The newly added 20 CHCCs by designation number are summarized in Table 1. Abbreviations and acronyms are not provided in the latest adoption and these are given in the Table for reference.

Vermont Department of Health, Chapter 6 – Environmental Health Rules, Subchapter 7
Chemicals of High Concern in Children’s Products Rule
Entry Chemical   Entry Chemical
67 Bisphenol S (BPS)   77 Tricresyl phosphate (TCP)
68 Dicyclohexyl phthalate (DCHP) 78 Tris (1-chloro-2-propyl) phosphate (TCPP)
69 Diisobutyl phthalate (DIBP) 79 Bis (2-ethylhexyl) tetrabromophthalate (TBPH)
70 Triphenyl phosphate (TPP) 80 Bis (chloromethyl) propane-1,3-diyl tetrakis-(2-chloroethyl) bis(phosphate) (V6)
71 Tris (2,3-dibromopropyl) phosphate (TDBPP) 81 Isopropylated triphenyl phosphate (IPTPP)
72 Tri-n-butyl phosphate (TNBP) 82 Decabromodiphenyl ethane (DBDPE)
73 Dipentyl phthalate (DPP, DPNP) 83 Short-chain chlorinated paraffins (SCCPs); Chlorinated paraffins
74 Perfluorooctanoic acid (PFOA) 84 2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)
75 Bisphenol F (BPF) 85 Lead and lead compounds
76 Ethylhexyl diphenyl phosphate (EHDPP) 86 Di-(2-methoxyethyl) phthalate (DMEP)

Table 1

SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Please do not hesitate to contact us for further information.

Next Step

Stakeholders are advised to comply with the latest requirements for the Vermont disclosure program on CHCCs in children’s products.

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420

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