In 2014, Vermont’s legislature adopted Act 188, relating to the regulation of toxic substances. Specifically, this legislation establishes a reporting protocol for manufactures who use certain chemicals in children's products. Manufacturers, who offer children’s products for sale into the state and use chemicals designated by the State of Vermont as Chemicals of High Concern to Children, are required to disclose information about these chemicals to the state’s Department of Health. Vermont’s Legislative Committee on Administrative Rules approved the Department of Health’s proposed rule, Chemicals of High Concern in Children’s products. The rule, which requires reporting by manufacturers beginning July 1, 2016, contains a list of 66 chemicals that, if contained in the product, must be reported to the state. The deadline for reporting is fast approaching -- Jan. 1, 2017.
The reporting requirements affects any one who moves children’s products into the state, not simply those that manufacture within the state. Guidance on this program provides further clarity. In the state’s guidance, it is indicated that the term “manufacturer” usually means the entity whose name is affixed to the product. However, if the entity whose name is affixed to the children’s product does not have a physical presence in the US, then the entity who sells the product in Vermont is considered the manufacturer and therefore subject to the reporting requirements.
Manufacturers are only required to report if the children’s product sold contains any of the 66 chemicals identified as a Chemical of High Concern. For more information on this state initiative, contact Marci Kinter at marcik@sgia.org.