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Vermont Department Issues Final Proposal on Children’s Product Chemical Disclosure
Wednesday, September 9, 2015

The Vermont Department of Health has released the final proposed version of its Toxic Substances in Children’s Products Rule (although it is not yet available on the Department’s website) adopted under state’s 2014 green chemistry law, Act 188. The rule, largely unchanged from the proposal, is now scheduled to go before the state’s Legislative Committee on Administrative Rules (LCAR) for its consideration on September 10, 2015. As with other state chemical disclosure rules, under the final proposed rule, companies selling children’s products in Vermont must disclose the presence of any of 66 chemicals present in children’s products at 100 parts per million or more as a contaminant or over the practical quantification limit (commonly known as the PQL) for the given chemical. In promulgating this rule, the Department refused to align its rule with Washington state’s, or to clarify important elements of the rule. The net result is that the Vermont green chemistry reporting requirement will impose significant, independent burdens on manufacturers selling children’s products in the state. Unless checked by LCAR, these onerous reporting requirements will be in place in 2016. Changes to the current green chemistry law were proposed in a 2015 bill, S. 139, which was rejected, but new legislation to further change the landscape may be re-proposed in the next legislative session. Vermont remains a state to watch.

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