Developments in State Chemicals Policy:

Identifying and Regulating Priority Chemicals

 

Vermont

Vermont law establishes a list of chemicals of high concern for children, requires manufacturers of certain children's products to report information on those chemicals, and authorizes the state to further regulate the sale or distribution of children’s products containing listed chemicals. 18 Vt. Stat. §§ 1771—1779.

Designation of priority chemicals. The law designates 69 chemicals as chemicals of high concern for children, in addition to " any other chemical designated by the Commissioner as a chemical of high concern to children by rule." The law also requires the Department of Health, on a biennial basis, to review the list and to propose for review at least two additional chemicals. 18 Vt. Stat. § 1773. The recommendations must be based on the “degree of human health risks, exposure pathways, and impact on sensitive populations.” 18 Vt. Stat. § 1774(d). The Department is authorized to promulgate rules amending the list to add or delete chemicals, pursuant to criteria set forth in the law. 18 Vt. Stat. § 1776. The Department has used agency rulemaking to amend the list, which included a total of 86 chemicals of high concern for children as of the agency's 2020 rulemaking. Vt. Admin. Code 12-5-54:5.0 (see also Code of Vt. Rules 13-140-077).

Disclosure of information on priority chemicals. The law requires manufacturers of children’s products (as defined in the law) to report annually on chemicals of high concern to children, using a notification form developed by the Department. Information to be reported includes, among other things, the amount of the chemical contained in each unit of the product, and the law requires the Department to post information submitted by manufacturers on its website. 18 Vt. Stat. §§ 1772, 1775. The law provides an exemption from the notice requirement for manufacturers who are implementing a manufacturing control program to minimize the presence of the chemical in the children’s product, and the law includes provisions governing confidentiality of reported information. 18 Vt. Stat. § 1775(e). The Department's Chemicals of High Concern in Children’s Products Rule establishes disclosure and reporting requirements for chemicals of high concern that are intentionally added to a children’s product or are in a children’s product made by the manufacturer. Vt. Admin. Code 12-5-54:2.0.

Regulation of priority chemicals. The law authorizes the Department to adopt rules to regulate the sale or distribution of a children’s product containing a chemical of high concern to children if children may be exposed to the chemical in the product and “there is a possibility that…exposure could cause or contribute to one or more of the adverse health impacts listed” in the law. 18 Vt. Stat. § 1776(d). The rules may prohibit sale or distribution of the product or may establish product labeling requirements prior to sale or distribution.

Establishment of a working group. The law establishes a Chemicals of High Concern to Children Working Group within the Department of Health to provide the agency advice and recommendations on implementing the law. The Working Group is charged with reviewing proposed chemicals for listing and recommending whether the state should regulate the sale or distribution of a children’s product containing a chemical of high concern. 18 Vt. Stat. § 1774.

The Department of Health must submit biennial reports to the state legislature on implementation of the law. 2014 Vt. S. 239, §3.

See the Vermont Department of Health program web page for information on implementation of the law.

 

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