§ 1771. Policy
It is the policy of the State of Vermont:
(1) to protect public health and the environment by reducing exposure of its citizens
and vulnerable populations, such as children, to toxic chemicals, particularly when
safer alternatives exist; and
(2) that the State attempt, when possible, to regulate toxic chemicals in a manner that
is consistent with regulation of toxic chemicals in other states. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014.)
§ 1772. Definitions
As used in this chapter:
(1) “Aircraft” shall have the same meaning as in 5 V.S.A. § 202.
(2) “Chemical” means a substance with a distinct molecular composition or a group of structurally
related substances and includes the breakdown products of the substance or substances
that form through decomposition, degradation, or metabolism. “Chemical” shall not
mean crystalline silica in any form, as derived from ordinary sand or as present as
a naturally occurring component of any other mineral raw material, including granite,
gravel, limestone, marble, slate, soapstone, and talc.
(3) “Chemical of high concern to children” means a chemical listed under section 1773
or designated by the Department as a chemical of high concern by rule under section 1776 of this title.
(4) “Child” or “children” means an individual or individuals under 12 years of age.
(5) “Children’s cosmetics” means cosmetics that are made for, marketed for use by, or
marketed to children. “Children’s cosmetics” includes cosmetics that meet any of the
following conditions:
(A) are represented in its packaging, display, or advertising as appropriate for use by
children;
(B) are sold in conjunction with, attached to, or packaged together with other products
that are packaged, displayed, or advertised as appropriate for use by children; or
(C) are sold in any of the following:
(i) a retail store, catalogue, or online website, in which a person exclusively offers
for sale consumer products that are packaged, displayed, or advertised as appropriate
for use by children; or
(ii) a discrete portion of a retail store, catalogue, or online website, in which a person
offers for sale products that are packaged, displayed, or advertised as appropriate
for use by children.
(6) “Children’s jewelry” means jewelry that is made for, marketed for use by, or marketed
to children and shall include jewelry that meets any of the following conditions:
(A) is represented in its packaging, display, or advertising as appropriate for use by
children;
(B) is sold in conjunction with, attached to, or packaged together with other products
that are packaged, displayed, or advertised as appropriate for use by children;
(C) is sized for children and not intended for use by adults; or
(D) is sold in any of the following:
(i) a vending machine;
(ii) a retail store, catalogue, or online website, in which a person exclusively offers
for sale products that are packaged, displayed, or advertised as appropriate for use
by children; or
(iii) a discrete portion of a retail store, catalogue, or online website, in which a person
offers for sale products that are packaged, displayed, or advertised as appropriate
for use by children.
(7)(A) “Children’s product” means any consumer product, marketed for use by, marketed to,
sold, offered for sale, or distributed to children in the State of Vermont, including:
(i) toys;
(ii) children’s cosmetics;
(iii) children’s jewelry;
(iv) a product 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; or
(v) child car seats.
(B) “Children’s product” shall not mean or include the following:
(i) batteries;
(ii) snow sporting equipment, including skis, poles, boots, snowboards, sleds, and bindings;
(iii) inaccessible components of a consumer product that during reasonably foreseeable use
and abuse of the consumer product would not come into direct contact with a child’s
skin or mouth; and
(iv) used consumer products that are sold in second-hand product markets.
(8) “Consumer product” means any product that is regularly used or purchased to be used
for personal, family, or household purposes. “Consumer product” shall not mean:
(A) a product primarily used or purchased for industrial or business use that does not
enter the consumer product market or is not otherwise sold at retail;
(B) a food or beverage or an additive to a food or beverage;
(C) a tobacco product;
(D) a pesticide regulated by the U.S. Environmental Protection Agency;
(E) a drug, or biologic regulated by the U.S. Food and Drug Administration (FDA), or the
packaging of a drug, or biologic that is regulated by the FDA, including over-the-counter
drugs, prescription drugs, dietary supplements, medical devices, or products that
are both a cosmetic and a drug regulated by the FDA;
(F) ammunition or components thereof, firearms, air rifles, hunting or fishing equipment
or components thereof;
(G) an aircraft, motor vehicle, wheelchair, or vessel;
(H) consumer electronic products, including personal computers, audio and video equipment,
calculators, wireless telephones, game consoles, and hand-held devices incorporating
a video screen used to access interactive software intended for leisure and entertainment
and their associated peripherals;
(I) interactive software, intended for leisure and entertainment, such as computer games,
and their storage media, such as compact discs; or
(J) the packaging in which a product is sold, offered for sale, or distributed.
(9) “Contaminant” means a trace amount of a chemical or chemicals that is incidental to
manufacturing and serves no intended function in the children’s product or component
of the children’s product, including an unintended by-product of chemical reactions
during the manufacture of the children’s product, a trace impurity in feed-stock,
an incompletely reacted chemical mixture, and a degradation product.
(10) “Cosmetics” means articles intended to be rubbed, poured, sprinkled, or sprayed on,
introduced into, or otherwise applied to the human body or any part thereof for cleansing,
beautifying, promoting attractiveness, or altering appearance, and articles intended
for use as a component of such an article. “Cosmetics” shall not mean soap, dietary
supplements, or food and drugs approved by the U.S. Food and Drug Administration.
(11) “Intentionally added” means the addition of a chemical in a product that serves an
intended function in the product component.
(12) “Manufacturer” means:
(A) any person who manufactures a children’s product or whose name is affixed to a children’s
product or its packaging or advertising, and the children’s product is sold or offered
for sale in Vermont; or
(B) any person who sells a children’s product to a retailer in Vermont when the person
who manufactures the children’s product or whose name is affixed to the children’s
product or its packaging or advertising does not have a presence in the United States
other than the sale or offer for sale of the manufacturer’s products.
(13) “Motor vehicle” means all vehicles propelled or drawn by power other than muscular
power, including snowmobiles, motorcycles, all-terrain vehicles, farm tractors, vehicles
running only upon stationary rails or tracks, motorized highway building equipment,
road-making appliances, or tracked vehicles or electric personal assistive mobility
devices.
(14) “Persistent bioaccumulative toxic” means a chemical or chemical group that, based
on credible scientific information, meets each of the following criteria:
(A) the chemical can persist in the environment as demonstrated by the fact that:
(i) the half-life of the chemical in water is greater than or equal to 60 days;
(ii) the half-life of the chemical in soil is greater than or equal to 60 days; or
(iii) the half-life of the chemical in sediments is greater than or equal to 60 days; and
(B) the chemical has a high potential to bioaccumulate based on credible scientific information
that the bioconcentration factor or bioaccumulation factor in aquatic species for
the chemical is greater than 1,000 or, in the absence of such data, that the log-octanol
water partition coefficient (log Kow) is greater than five; and
(C) the chemical has the potential to be toxic to children as demonstrated by the fact
that:
(i) the chemical or chemical group is a carcinogen, a developmental or reproductive toxicant,
or a neurotoxicant;
(ii) the chemical or chemical group has a reference dose or equivalent toxicity measure
that is less than 0.003 mg/kg/day; or
(iii) the chemical or chemical group has a chronic no observed effect concentration (NOEC)
or equivalent toxicity measure that is less than 0.1 mg/L or an acute NOEC or equivalent
toxicity measure that is less than 1.0 mg/L.
(15) “Practical quantification limit (PQL)” means the lowest concentration that can be
reliably measured within specified limits of precision, accuracy, representativeness,
completeness, and comparability during routine laboratory operating conditions.
(16) “Toy” means a consumer product designed or intended by the manufacturer to be used
by a child at play.
(17) “Vessel” means every description of watercraft used or capable of being used as a
means of transportation on water. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014; amended 2015, No. 158 (Adj. Sess.), § 81, eff. June 2, 2016.)
§ 1773. Chemicals of high concern to children
(a) List of chemicals of high concern to children. The following chemicals are designated as chemicals of high concern to children for
the purposes of the requirements of this chapter:
(1) Formaldehyde.
(2) Aniline.
(3) N-Nitrosodimethylamine.
(4) Benzene.
(5) Vinyl chloride.
(6) Acetaldehyde.
(7) Methylene chloride.
(8) Carbon disulfide.
(9) Methyl ethyl ketone.
(10) 1,1,2,2-Tetrachloroethane.
(11) Tetrabromobisphenol A.
(12) Bisphenol A.
(13) Diethyl phthalate.
(14) Dibutyl phthalate.
(15) Di-n-hexyl phthalate.
(16) Phthalic anhydride.
(17) Butyl benzyl phthalate (BBP).
(18) N-Nitrosodiphenylamine.
(19) Hexachlorobutadiene.
(20) Propyl paraben.
(21) Butyl paraben.
(22) 2-Aminotoluene.
(23) 2,4-Diaminotoluene.
(24) Methyl paraben.
(25) p-Hydroxybenzoic acid.
(26) Ethylbenzene.
(27) Styrene.
(28) 4-Nonylphenol; 4-NP and its isomer mixtures, including CAS 84852-15-3 and CAS 25154-52-3.
(29) para-Chloroaniline.
(30) Acrylonitrile.
(31) Ethylene glycol.
(32) Toluene.
(33) Phenol.
(34) 2-Methoxyethanol.
(35) Ethylene glycol monoethyl ester.
(36) Tris(2-chloroethyl) phosphate.
(37) Di-2-ethylhexyl phthalate.
(38) Di-n-octyl phthalate (DnOP).
(39) Hexachlorobenzene.
(40) 3,3′-Dimethylbenzidine and dyes metabolized to 3,3′-Dimethylbenzidine.
(41) Ethyl paraben.
(42) 1,4-Dioxane.
(43) Perchloroethylene.
(44) Benzophenone-2 (Bp-2); 2,2′,4,4′-Tetrahydroxybenzophenone.
(45) 4-tert-Octylphenol; 4(1,1,3,3-Tetramethylbutyl) phenol.
(46) Estragole.
(47) 2-Ethylhexanoic acid.
(48) Octamethylcyclotetrasiloxane.
(49) Benzene, Pentachloro.
(50) C.I. Solvent yellow 14.
(51) N-Methylpyrrolidone.
(52) 2,2′,3,3′,4,4′,5,5′,6,6′-Decabromodiphenyl ether; BDE-209.
(53) Perfluorooctanyl sulphonic acid and its salts; PFOS.
(54) Phenol, 4-octyl.
(55) 2-Ethyl-hexyl-4-methoxycinnamate.
(56) Mercury and mercury compounds, including methyl mercury (22967-92-6).
(57) Molybdenum and molybdenum compounds.
(58) Antimony and Antimony compounds.
(59) Arsenic and Arsenic compounds, including arsenic trioxide (1327-53-3) and dimethyl
arsenic (75-60-5).
(60) Cadmium and cadmium compounds.
(61) Cobalt and cobalt compounds.
(62) Tris(1,3-dichloro-2-propyl)phosphate.
(63) Butylated hydroxyanisole; BHA.
(64) Hexabromocyclododecane.
(65) Diisodecyl phthalate (DIDP).
(66) Diisononyl phthalate (DINP).
(67) PFHxS (perfluorohexane sulfonic acid).
(68) PFHpA (perfluoroheptanoic acid).
(69) PFNA (perfluorononanoic acid).
(70) Any other chemical designated by the Commissioner as a chemical of high concern to
children by rule under section 1776 of this title.
(b) Commissioner’s review of list of chemicals. Beginning on July 1, 2017, and biennially thereafter, the Commissioner of Health shall
review the list of chemicals of high concern to children to determine if additional
chemicals should be added to the list under subsection 1776(b) of this title. In reviewing the list of chemicals of high concern to children, the Commissioner
of Health may consider designations made by other states, the federal government,
other countries, or other governmental agencies.
(c) Publication of list. The Commissioner shall post the list of chemicals of high concern to children on the
Department of Health website by chemical name and Chemical Abstracts Service number.
(d) Addition or removal from list. Under 3 V.S.A. § 806, any person may request that the Commissioner add or remove a chemical from the list
of chemicals of high concern to children.
(e) PQL value. A PQL value established under this chapter for individual chemicals shall depend on
the analytical method used for each chemical. The PQL value shall be based on scientifically
defensible, standard analytical methods as advised by guidance published by the Department. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014; amended 2021, No. 36, § 5, eff. July 1, 2022.)
§ 1774. Chemicals of High Concern to Children Working Group
(a) Creation. The Chemicals of High Concern to Children Working Group (Working Group) is created
within the Department of Health for the purpose of providing the Commissioner of Health
advice and recommendations regarding implementation of the requirements of this chapter.
(b) Membership.
(1) The Working Group shall be composed of the following members who, except for ex officio
members, shall be appointed by the Governor after consultation with the Commissioner
of Health:
(A) the Commissioner of Health or designee, who shall be the Chair of the Working Group;
(B) the Commissioner of Environmental Conservation or designee;
(C) the State Toxicologist or designee;
(D) a representative of a public interest group in the State with experience in advocating
for the regulation of toxic substances;
(E) a representative of an organization within the State with expertise in issues related
to the health of children or pregnant women;
(F) one representative of businesses in the State that use chemicals in a manufacturing
or production process or use chemicals that are used in a children’s product manufactured
in the State;
(G) a scientist with expertise regarding the toxicity of chemicals; and
(H) a representative of the children’s products industry with expertise in existing State
and national policies impacting children’s products.
(2)(A) In addition to the members of the Working Group appointed under subdivision (1) of
this subsection, the Governor may appoint up to three additional adjunct members.
(B) An adjunct member appointed under this subdivision (2) shall have expertise or knowledge
of the chemical or children’s product under review or shall have expertise or knowledge
in the potential health effects of the chemical at issue.
(C) Adjunct members appointed under this subdivision (2) shall have the same authority
and powers as a member of the Working Group appointed under subdivision (1) of this
subsection (b).
(3) The members of the Working Group appointed under subdivision (1) of this subsection
shall serve staggered three-year terms. The Governor may remove members of the Working
Group who fail to attend three consecutive meetings and may appoint replacements.
The Governor may reappoint members to serve more than one term.
(c) Powers and duties. The Working Group shall:
(1) review proposed chemicals for listing as a chemical of high concern to children under
section 1773 of this title; and
(2) recommend to the Commissioner of Health whether rules should be adopted under section 1776 of this title to regulate the sale or distribution of a children’s product containing a chemical
of high concern to children.
(d) Commissioner of Health recommendation; assistance.
(1) Beginning on July 1, 2017, and biennially thereafter, the Commissioner of Health shall
recommend at least two chemicals of high concern to children in children’s products
for review by the Working Group. The Commissioner’s recommendations shall be based
on the degree of human health risks, exposure pathways, and impact on sensitive populations
presented by a chemical of high concern to children.
(2) The Working Group shall have the administrative, technical, and legal assistance of
the Department of Health and the Agency of Natural Resources.
(e) Meetings.
(1) The Chair of the Working Group may convene the Working Group at any time, but not
less frequently than twice a year.
(2) A majority of the members of the Working Group, including adjunct members when appointed,
shall constitute a quorum, and all action shall be taken upon a majority vote of the
members present and voting.
(f) Reimbursement. Members of the Working Group, including adjunct members, whose participation is not
supported through their employment or association shall receive per diem compensation
pursuant to 32 V.S.A. § 1010 and reimbursement of travel expenses. A per diem authorized by this section shall
be paid from the budget of the Department of Health. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014; amended 2019, No. 75, § 3; 2023, No. 85 (Adj. Sess.), § 44, eff. July 1, 2024.)
§ 1775. Disclosure of information on chemicals of high concern
(a) Notice of chemical of high concern to children. A manufacturer of a children’s product or a trade association representing a manufacturer
of children’s products shall submit to the Department the notice described in subsection
(b) of this section for each chemical of high concern to children in a children’s
product if a chemical of high concern to children is:
(1) intentionally added to a children’s product at a level above the PQL produced by the
manufacturer; or
(2) present in a children’s product produced by the manufacturer as a contaminant at a
concentration of 100 parts per million or greater.
(b) Format for notice. The Commissioner shall specify the format for submission of the notice required by
subsection (a) of this section, provided that the required format shall be generally
consistent with the format for submission of notice in other states with requirements
substantially similar to the requirements of this section. Any notice submitted under
subsection (a) shall contain the following information:
(1) the name of the chemical used or produced and its chemical abstracts service registry
number;
(2) a description of the product or product component containing the chemical, including
the brand name, the product model, and the universal product code if the product has
such a code;
(3) the amount of the chemical contained in each unit of the product or product component,
reported by weight or parts per million as authorized by the Commissioner;
(4) the name and address of the manufacturer of the children’s product and the name, address,
and telephone number of a contact person for the manufacturer;
(5) any other information the manufacturer deems relevant to the appropriate use of the
product; and
(6) any other information required by the Commissioner under rules adopted pursuant to
3 V.S.A. chapter 25.
(c) Reciprocal data-sharing. In order for the Department to obtain the information required in the notice described
in subsection (b) of this section, the Department may enter into reciprocal data-sharing
agreements with other states in which a manufacturer of children’s products is also
required to disclose information related to chemicals of high concern to children
in children’s products. The Department shall not disclose trade secret information,
confidential business information, or other information designated as confidential
by law under a reciprocal data-sharing agreement.
(d) Waiver of format. Upon application of a manufacturer on a form provided by the Department, the Commissioner
may waive the requirement under subsection (b) of this section that a manufacturer
provide notice in a format specified by the Commissioner. The waiver may be granted,
provided that:
(1) the manufacturer submitted the information required in a notice under this section
to:
(A) a state with which the Department has entered a reciprocal data-sharing agreement;
or
(B) a trade association, the Interstate Chemicals Clearinghouse, a federal governmental
agency, or other independent third party;
(2) the information required to be reported in a notice under this section is provided
to the Department in an alternate format, including reference to information publicly
available in other states or by independent third parties; and
(3) the information required to be reported in a notice under this section is available
on or accessible from the Department of Health website.
(e) Chemical control program. A manufacturer shall be exempt from the requirements of notice under this section
for any chemical of high concern to children that is present in a children’s product
or component of a children’s product only as a contaminant if, during manufacture
of the children’s product, the manufacturer was implementing a manufacturing control
program and exercised due diligence to minimize the presence of the contaminant in
the children’s product.
(f) Notice of removal of chemical. A manufacturer who submitted the notice required by subsection (a) of this section
may at any time submit to the Department notice that a chemical of high concern to
children has been removed from the manufacturer’s children’s product or that the manufacturer
no longer sells, offers for sale, or distributes in the State the children’s product
containing the chemical of high concern to children. Upon verification of a manufacturer’s
notice under this subsection, the Commissioner shall promptly remove from the Department
website any reference to the relevant children’s product of the manufacturer.
(g) Certificate of compliance. A manufacturer required to submit notice under this section to the Commissioner may
rely on a certificate of compliance from suppliers for determining reporting obligations.
A certificate of compliance provided by a supplier under this subsection shall be
solely for the purpose of compliance with the requirements of this chapter.
(h) Products for sale out of State. A manufacturer shall not be required to submit notice under this section for a children’s
product manufactured, stored in, or transported through Vermont solely for use or
sale outside the State of Vermont.
(i) Publication of information; disclaimer. The Commissioner shall post on the Department of Health website information submitted
under this section by a manufacturer. When the Commissioner posts on the Department
of Health website information submitted under this section by a manufacturer, the
Commissioner shall provide the following notice:
“The reports on this website are based on data provided to the Department. The presence
of a chemical in a children’s product does not necessarily mean that the product is
harmful to human health or that there is any violation of existing safety standards
or laws. The reporting triggers are not health-based values.”
(j) Fee. A manufacturer shall pay a fee of $200.00 for each notice required under subsection
(a) of this section. If, under subsection (d) of this section, the Commissioner waives
the required format for reporting, the fee shall not be waived. Fees collected under
this subsection shall be deposited in the Chemicals of High Concern Fund for the purposes
of that Fund.
(k) Application of section. The requirements of this section shall apply unless a manufacturer is exempt or unless
notice according to the requirements of this section is specifically preempted by
federal law. In the event of conflict between the requirements of this section and
federal law, federal law shall control.
(l) Submission of notice; dates. Unless the Commissioner adopts by rule a phased-in reporting requirement under section 1776 of this title, a manufacturer shall submit the notice required under subsection (a) of this section
on or before August 31, 2020 and annually thereafter. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014; amended 2015, No. 154 (Adj. Sess.), § 11, eff. June 1, 2016; 2019, No. 75, § 4.)
§ 1776. Rulemaking; additional chemicals of concern to children; prohibition of sale
(a) Rulemaking authority. The Commissioner shall, after consultation with the Secretary of Natural Resources,
adopt rules as necessary for the purposes of implementing, administering, or enforcing
the requirements of this chapter.
(b) Additional chemicals of concern to children. The Commissioner may by rule add additional chemicals to the list of chemicals of
high concern to children, provided that the Commissioner of Health, on the basis of
credible, scientific evidence, including peer-reviewed studies, has determined that
a chemical proposed for addition to the list meets both of the following criteria
in subdivisions (1) and (2) of this subsection:
(1) The Commissioner of Health has determined that an authoritative governmental entity
or accredited research university has demonstrated that the chemical:
(A) harms the normal development of a fetus or child or causes other developmental toxicity;
(B) causes cancer, genetic damage, or reproductive harm;
(C) disrupts the endocrine system;
(D) damages the nervous system, immune system, or organs or causes other systemic toxicity;
or
(E) is a persistent bioaccumulative toxic.
(2) The chemical has been found through:
(A) biomonitoring to be present in human blood, umbilical cord blood, breast milk, urine,
or other bodily tissues or fluids;
(B) sampling and analysis to be present in household dust, indoor air, drinking water,
or elsewhere in the home environment; or
(C) monitoring to be present in fish, wildlife, or the natural environment.
(c) Removal of chemical from list. The Commissioner may by rule remove a chemical from the list of chemicals of high
concern to children established under section 1773 of this title or rules adopted under this section if the Commissioner determines that the chemical
no longer meets both of the criteria of subdivisions (b)(1) and (2) of this section.
(d) Rule to regulate sale or distribution.
(1) The Commissioner, after consultation with the Chemicals of High Concern to Children
Working Group, may adopt a rule to regulate the sale or distribution of a children’s
product containing a chemical of high concern to children upon a determination that:
(A) children may be exposed to a chemical of high concern to children in the children’s
product; and
(B) there is a possibility that, due to the degree of exposure or frequency of exposure
of a child to a chemical of high concern to children in a children’s product, exposure
could cause or contribute to one or more of the adverse health impacts listed under
subdivision (b)(1) of this section.
(2) In determining whether children may be exposed to a chemical of high concern in a
children’s product, the Commissioner shall review available, credible information
regarding:
(A) the market presence of the children’s product in the State;
(B) the type or occurrence of exposures to the relevant chemical of high concern to children
in the children’s product;
(C) the household and workplace presence of the children’s product; or
(D) the potential and likelihood of exposure of children to the chemical of high concern
to children in the children’s product.
(3) A rule adopted under this section may:
(A) prohibit the children’s product containing the chemical of high concern to children
from sale, offer for sale, or distribution in the State; or
(B) require that the children’s product containing the chemical of high concern to children
be labeled prior to sale, offer for sale, or distribution in the State.
(4) In any rule adopted under this subsection, the Commissioner shall adopt reasonable
time frames for manufacturers, distributors, and retailers to comply with the requirements
of the rules. No prohibition on sale or manufacture of a children’s product in the
State shall take effect sooner than two years after the adoption of a rule adopted
under this section unless the Commissioner determines that an earlier effective date
is required to protect human health and the new effective date is established by rule.
(5) The Chemicals of High Concern to Children Working Group may, at its discretion, submit
to the House Committees on Natural Resources, Fish, and Wildlife and on Human Services
and the Senate Committees on Natural Resources and Energy and on Health and Welfare
the recommendations or information from a consultation provided to the Commissioner
under subdivision (1) of this subsection.
(e) Exemption for chemical management strategy. In adopting a rule under this section, the Commissioner may exempt from regulation
a children’s product containing a chemical of high concern to children if the manufacturer
of the children’s product is implementing a comprehensive chemical management strategy
designed to eliminate harmful substances or chemicals from the manufacturing process.
(f) Additional rules.
(1) The Commissioner of Health shall adopt by rule the process and procedure to be required
when the Commissioner of Health adopts a rule under subsection (b), (c), or (d) of
this section. The rule shall provide:
(A) all relevant criteria for evaluation of the chemical;
(B) criteria by which a chemical, due to its presence in the environment or risk of harm,
shall be prioritized for addition or removal from the list of chemicals of high concern
to children or for regulation under subsection (d) of this section;
(C) time frames for labeling or phasing out sale or distribution;
(D) requirements for when and how a manufacturer of a children’s product that contains
a chemical of high concern to children provides the notice required under subsection 1775(a) of this title when the manufacturer intends to introduce the children’s product for sale between
the required dates for reporting; and
(E) other information or process determined as necessary by the Commissioner for implementation
of this chapter.
(2) The Commissioner may, by rule, authorize a manufacturer 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 shall use the largest value for reporting.
(3) Notwithstanding the required reporting dates under section 1774 of this title, the Commissioner may adopt by rule phased-in reporting requirements for chemicals
of high concern to children in children’s products based on the size of the manufacturer,
aggregate sales of children’s products, or the exposure profile of the chemical of
high concern to children in the children’s product.
(g) Additional public participation. In addition to the public participation requirements of 3 V.S.A. chapter 25 and prior to submitting a rule authorized under this section to the Secretary of
State under 3 V.S.A. § 838, the Commissioner shall make reasonable efforts to consult with interested parties
within the State regarding any proposed prohibition of a chemical of high concern
to children. The Commissioner may satisfy the consultation requirement of this section
through the use of one or more workshops, focused work groups, dockets, meetings,
or other forms of communication. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014; amended 2019, No. 75, § 5, eff. June 19, 2019.)
§ 1777. Chemicals of High Concern to Children Fund
(a) The Chemicals of High Concern to Children Fund is established in the State Treasury,
separate and distinct from the General Fund, to be administered by the Commissioner
of Health. Interest earned by the Fund shall be credited to the Fund. Monies in the
Fund shall be made available to the Department of Health and the Agency of Natural
Resources to pay costs incurred in administration of the requirements of this chapter.
(b) The Chemicals of High Concern to Children Fund shall consist of:
(1) fees and charges collected under section 1775 of this chapter;
(2) private gifts, bequests, grants, or donations made to the State from any public or
private source for the purposes for which the Fund was established; and
(3) such sums as may be appropriated by the General Assembly. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014.)
§ 1778. Confidentiality
Information submitted to or acquired by the Department or the Chemicals of High Concern
to Children Working Group under this chapter may be subject to public inspection or
copying or may be published on the Department website, provided that trade secret
information and confidential business information shall be exempt from public inspection
and copying under 1 V.S.A. § 317(c)(9), and information otherwise designated confidential by law shall be exempt from public
inspection and copying under 1 V.S.A. § 317(c)(1). It shall be the burden of the manufacturer to assert that information submitted
under this chapter is a trade secret, confidential business information, or is otherwise
designated confidential by law. When a manufacturer asserts under this section that
the specific identity of a chemical of high concern to children in a children’s product
is a trade secret, the Commissioner shall, in place of the specific chemical identity,
post on the Department’s website the generic class or category of the chemical in
the children’s product and the potential health effect of the specific chemical of
high concern to children. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014.)
§ 1779. Violations; enforcement
A violation of this chapter shall be considered a violation of the Consumer Protection
Act in 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules,
conduct civil investigations, enter into assurances of discontinuance, and bring civil
actions under 9 V.S.A. chapter 63, subchapter 1. Private parties shall not have a
private right of action under this chapter. (Added 2013, No. 188 (Adj. Sess.), § 2, eff. June 10, 2014.)