Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 077 - CHEMICALS OF HIGH CONCERN IN CHILDREN'S PRODUCTS › Section 13 140 077 - CHEMICALS OF HIGH CONCERN IN CHILDREN'S PRODUCTS

Current through June, 2024
Section 1.0
				Authority
This rule is adopted pursuant to
				  18
				  V.S.A §
											1776.
Section 2.0 Purpose
This rule provides the requirements for the disclosure and
				  reporting of toxic substances that are intentionally added to a children's
				  product at a level above the PQL produced by the manufacturer or are present in
				  a children's product produced by the manufacturer as a contaminant at
				  concentrations of 100 parts per million or greater. This rule also establishes
				  the process by which a chemical may be added or removed from the list of
				  Chemicals of High Concern to Children and the process by which a chemical might
				  be banned for sale or distribution.
Section 3.0 Scope
This rule applies to manufacturers of children products as
				  defined by
				  18 V.S.A. §
											1772(7) offered for sale in
				  the State of Vermont.
Section
				4.0 Definitions
Any terms used in this rule but not defined in this section
				  shall have the meaning found in
				  18 V.S.A. §
											1772. Whenever used in this rule, the
				  following terms shall be construed as follows:
4.1 "Department" means the Vermont Department
				of Health.
4.2 "Commissioner" means
				the Commissioner of Health.
4.3
				"Chemical of high concern to children" means a chemical listed under section 18
				V.S.A. § 1773 or designated by the Department as a chemical of high
				concern by this rule.
4.4
				"Manufacturer" means 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 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.
4.5 "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.
4.6 "Product component"
				means the uniquely identifiable material or coating (including ink or dye) that
				is intended to be included as part of a finished children's product.
4.7 "Product model" means the specific
				product name used by the retailer or assembler to place the product into the
				stream of commerce.
4.8
				"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.