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Vermont Considers Proposal to Implement Reporting Requirements for High-Concern Chemicals

The Vermont Department of Health will hold a hearing on 20 March and will accept comments through 27 March on a proposal to implement the reporting requirements for chemicals of high concern in children's products that the state enacted into law in June 2014. Manufacturers who use chemicals designated by the state of Vermont as chemicals of high concern to children must disclose information about these chemicals to the Department of Health beginning on 1 July 2016 and biennially thereafter if the chemicals (i) have been intentionally added to a children's product at a level above the practical quantification limit (i.e., the lowest concentration that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions) produced by the manufacturer, or (ii) are present in a children's product produced by the manufacturer as a contaminant at a concentration of 100 parts per million or greater.

Children's products subject to these reporting requirements include (i) toys; (ii) children's cosmetics; (iii) children's jewellery; (iv) 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 (v) child car seats.

According to the proposed rule, required notices would have to include the following information: (i) the name of the chemical used or produced and its chemical abstracts service registry number; (ii) a description of the product or product component containing the chemical; (iii) the amount of the chemical contained in each unit of the product or product component reported by weight or parts per million as authorised by the commissioner; (iv) the name and address of the manufacturer of the children's product as well as the name, address and telephone number of a contact person for the manufacturer; (v) any other information the manufacturer deems relevant to the appropriate use of the product; (vi) the function of the chemical in the product; (vii) the brand name and product model; and (viii) the Global Product Classification product brick description.

A manufacturer would be able to report ranges of the amount of a chemical in a children's product, rather than the exact amount, provided that if there are multiple chemical values for a given component in a particular product category the manufacturer must use the largest value for reporting. The ranges are as follows: (i) equal to or more than the PQL but less than 100 ppm (0.01 percent); (ii) equal to or more than 100 ppm (0.01 percent) but less than 500 ppm (0.05 percent); (iii) equal to or more than 500 ppm (0.05 percent) but less than 1,000 ppm (0.1 percent); (iv) equal to or more than 1,000 (0.1 percent) ppm but less than 5,000 ppm (0.5 percent); equal to or more than 5,000 ppm (0.5 percent) but less than 10,000 ppm (1.0 percent); and (v) equal to or more than 10,000 ppm (1.0 percent).

Vermont has designated the following 66 chemicals as chemicals of high concern: formaldehyde;  aniline; n-nitrosodimethylamine; benzene; vinyl chloride; acetaldehyde; methylene chloride; carbon disulphide; methyl ethyl ketone; 1,1,2,2-tetrachloroethane; tetrabromobisphenol A; bisphenol A; diethyl phthalate; dibutyl phthalate; di-n-hexyl phthalate; phthalic anhydride; butyl benzyl phthalate; n-nitrosodiphenylamine; hexachlorobutadiene; propyl paraben; butyl paraben; 2-aminotoluene; 2,4-diaminotoluene; methyl paraben; p-hydroxybenzoic acid; ethylbenzene; styrene; 4-nonylphenol, 4-NP and its isomer mixtures including CAS 84852-15-3 and CAS 25154-52-3; para-chloroaniline; acrylonitrile; ethylene glycol; toluene; phenol; 2-methoxyethanol; ethylene glycol monoethyl ester; tris(2-chloroethyl) phosphate; di-2-ethylhexyl phthalate; di-n-octyl phthalate; hexachlorobenzene; 3,3'-dimethylbenzidine and dyes metabolised to 3,3'-dimethylbenzidine; ethyl paraben; 1,4-dioxane; perchloroethylene; benzophenone-2; 2,2',4,4'-tetrahydroxybenzophenone; 4-tert-octylphenol; 4(1,1,3,3-tetramethylbutyl) phenol; estragole; 2-ethylhexanoic acid; octamethylcyclotetrasiloxane; benzene, pentachloro; C.I. solvent yellow 14; n-methylpyrrolidone; 2,2',3,3',4,4',5,5',6,6'-decabromodiph enyl ether, BDE-209; perfluorooctanyl sulphonic acid and its salts, PFOS; phenol, 4-octyl; 2-ethyl-hexyl-4-methoxycinnamate; mercury and mercury compounds, including methyl mercury; molybdenum and molybdenum compounds; antimony and antimony compounds; arsenic and arsenic compounds, including arsenic trioxide and dimethyl arsenic; cadmium and cadmium compounds; cobalt and cobalt compounds; tris(1,3-dichloro-2-propyl)phosphate; butylated hydroxyanisole, BHA; hexabromocyclododecane; diisodecyl phthalate; and diisononyl phthalate.

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