12 Feb 2019
Vermont Considering Amendments to Reporting Requirements for High-Concern Chemicals
The Vermont Department of Health is considering a number of amendments to the existing reporting requirements for chemicals of high concern to children under 12 years of age in an effort to better align these requirements with those in place in other U.S. states. Children’s products subject to these reporting requirements include (1) toys; (2) children’s cosmetics; (3) children’s jewellery; (4) products designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, or to be worn as clothing by children; and (5) child car seats.
Key changes to Vermont’s reporting requirements are summarised below.
- The list of high-concern chemicals would be expanded from 62 to 86 substances, reflecting the addition of butylated hydroxyanisole (BHA); hexabromocyclododecane; diisodecyl phthalate (DIDP); diisononyl phthalate (DINP); bisphenol S; dicyclohexyl phthalate; diisobutyl phthalate; triphenyl phosphate; tris (2,3-dibromopropyl) phosphate; tri-n-butyl phosphate; dipentyl phthalate; perfluorooctanoic acid; bisphenol F; ethylhexyl diphenyl phosphate; tricresyl phosphate; tris (1-chloro-2-propyl) phosphate; bis (2-ethylhexyl) tetrabromophthalate; bis (chloromethyl) propane-1,3-diyl tetrakis-(2-chloroethyl) bis (phosphate); isopropylated triphenyl phosphate; decabromodiphenyl ethane; short-chain chlorinated paraffins; 2-ethylhexyl-2,3,4,5-tetrabromobenzoate; lead; and di-(2-methoxyethyl) phthalate.
- The list of high-concern chemicals would also include any chemicals added for a specific function (not a contaminant) that degrade to or release a listed chemical.
- In the case of products sold between 1 September 2018 and 31 August 2020, the required submission must be made no later than 31 August 2020. Submissions would continue biennially thereafter.
- A disclosure notice would have to be submitted for each chemical of high concern in a children’s product that is (i) intentionally added at a level above the practical quantification limit or (ii) present as a contaminant at a concentration of 100 parts per million or greater.
- In addition to the information currently required, the disclosure notice would have to include the Universal Product Code and a description.
- New provisions would be adopted regarding the evaluation of chemicals for listing a chemical of high concern to children, the process for adding or removing a chemical, and the prioritisation of chemicals that may be subject to review.
- Vermont authorities would be able to regulate the sale or distribution of a children’s product containing a chemical of high concern to children upon a determination that (i) children will be exposed to such a chemical, and (ii) there is a probability that, due to the degree of exposure or frequency of exposure of a child to such chemical, exposure could cause or contribute to certain adverse health impacts.