Softlines Regulatory Update: Vermont/USA - Draft Amendment to Rules for Chemicals of High Concern in Children Products

The Vermont Department of Health has proposed to amend the Chemicals of High Concern in Children’s Products Rule (Code of Vermont Rules CVR 13-140-077). The key points of the proposal are as follows:

 

1. Twenty substances shall be added to the list of Chemicals of High Concern to Children:

  a) Bisphenol S

  b) Dicyclohexyl phthalate

  c) Diisobutyl phthalate

  d) Triphenyl phosphate

  e) Tris (2,3-dibromopropyl) phosphate

  f) Tri-n-butyl phosphate

  g) Dipentyl phthalate

  h) Perfluorooctanoic acid

  i) Bisphenol F

  j) Ethylhexyl diphenyl phosphate

  k) Tricresyl phosphate

  l) Tris (1-chloro-2-propyl) phosphate

  m) Bis (2-ethylhexyl) tetrabromophthalate

  n) Bis (chloromethyl) propane-1,3-diyl tetrakis-(2-chloroethyl) bis (phosphate)

  o) Isopropylated triphenyl phosphate

  p) Decabromodiphenyl ethane

  q) Short-chain chlorinated paraffins; Chlorinated paraffins

  r) 2-ethylhexyl-2,3,4,5-tetrabromobenzoate

  s) Lead

  t) Di-(2-methoxyethyl) phthalate

 

2. Besides the listed substances, “Chemicals of High Concern to Children” shall include any chemical that is added for a specific function (not a contaminant), which degrades to or releases a listed chemical.

 

3. The disclosure notice which report information on the listed chemicals in children’s products shall contain:

  a) Universal Product Code (UPC) (however, the UPC is not needed if it is not assigned); and

  b) Description, in the form of:

    i) Brand name and product model; or

    ii) Brand name and product description following the Global Standard One (GS1)’s recommendations, which shall include product name, functional name and product variant description

 

4. The proposed rule reiterates the next submission deadline of the disclosure report shall be 31 August 2020 (regarding products sold between 1 September 2018 and 31 August 2020), and the subsequent submission shall continue biennially thereafter.

 

5. The department may adopt a rule to regulate the sale or distribution of a children’s product containing a chemical of high concern to children depending on the degree and frequency of exposure to children. Such rule may:

  a) Prohibit the children’s product from sale, offer for sale or distribution in Vermont; or

  b) Require the children’s product to be labelled before sale, offer for sale or distribution in Vermont.