Products sold in Vermont are subject to various product regulations and standards covering children’s products, jewelry, furniture, electronics, and other types of consumer products. This guide serves as an introduction to chemical and heavy metals restrictions, labeling, documentation, and testing requirements in Vermont.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Vermont. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
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Offenses Against Public Health – The Vermont Statutes
Chapter 29, Title 18 of the Vermont Statutes establishes requirements regarding the content level of phthalates and Bisphenol A contained by certain children’s products sold in the state of Vermont.
The requirements from this chapter apply to:
- Children’s toys
- Child care products
- Food and beverage containers
This chapter establishes the concentration level requirements for phthalates and Bisphenol A in children’s products.
Chapter 29, Title 18 of the Vermont Statutes prohibits the manufacturer, sales, or distribution of any toys or child care products that are intended for the consumption by a child under 3 years of age if such product contains more than 0.1% by weight of these phthalates:
In addition, no company should manufacture, sell, or distribute any toys or child care articles that are intended to use by a child under 3 years of age f such product can be placed in the child’s mouth and contains more than 0.1% by weight of these phthalates:
Examples of such products include:
- Plush toys
- Electronic toys
- Bath toys
- Sucking teats
Chapter 29, Title 18 of the Vermont Statutes prohibits the manufacturer, sales, or distribution of any reusable food or beverage container, including food and beverage containers used by infants, containing Bisphenol A.
Manufacturers of products covered by this chapter should not replace phthalates or Bisphenol A with category A, B, or C carcinogens listed in the “List of Chemicals Evaluated for Carcinogenic Potential” by the U.S. Environmental Protection Agency (EPA).
The content of this list might be subject to changes periodically, please visit the official website of the EPA to view the latest version of this list.
Examples of such products include:
- Baby bottles
- Spill-proof cups
- Plastic jars
- Sports bottles
Note that the requirements from this chapter do not apply to single-use food and beverage containers.
Manufacturers of products covered by this chapter should arrange lab tests on their products to confirm that such products comply with the phthalates restriction and Bisphenol A prohibition requirements set forth in this chapter.
Chemical Disclosure Program for Children’s Products
The Chemical Disclosure Program for Children’s Products of Vermont establishes reporting rules for manufacturers of children’s products containing chemicals on the List of Chemicals of High Concern to Children.
This rule applies to consumer products that are designed to be used by children such as:
- Chewing tools
- Feeding tools and food containers
- Car seats
The program requires manufacturers of children’s products to report to the Vermont Department of Health if their products contain one or more chemicals listed in the State’s List of Chemicals of High Concern to Children.
The reporting rules are:
a. In cases when the chemicals are intentionally added to a children’s product, manufacturers are required to report to the Vermont Department of Health whether the chemicals are at a level above the Practical Quantitation Limit (PQL), which is the lowest measurable amount of a chemical contained in a product
b. In cases when the chemicals are not intentionally added to a children’s product, manufacturers are required to report to the Vermont Department of Health when the concentration level is 100 parts per million (0.01% by weight) or greater.
Here we list some examples of chemicals and their PQL level from the list:
- Formaldehyde < 0.0005% by weight
- Bisphenol A < 0.002% by weight
- Bisphenol S < 0.0001% by weight
- DCHP < 0.0025% by weight
- DIBP < 0.0025% by weight
- DIDP < 0.005% by weight
- DINP < 0.005% by weight
- BBP < 0.0005% by weight
- PFOS < 0.0001% by weight
- Lead and lead compounds < 0.0001% by weight
You can visit the “List of Chemicals of High Concern to Children” to assess the PQL for other chemicals.
Product manufacturers should submit a report disclosing the chemicals used in the children’s products from the List of Chemicals of High Concern to Children. The report must contain information such as:
a. Name of the chemical used or produced and its chemical abstracts service registry number
b. Product description or product component containing the chemical. This description must include a Global Product Classification (GPC) product brick description
c. Brand name, product model, and the universal product code (UPC) if applicable
d. The amount range of the chemical contained in each unit of the product or product component in parts per million
e. The name, address, contact number of the manufacturer
f. Information the manufacturer considers relevant to the appropriate use of the product
g. The function of the chemical in the product
The Vermont Department of Health approved five testing companies that are able to perform chemical tests on children’s products:
- Adirondack Environmental Services – NELAC
- ChemServe – NELAC
- ChemServe – A2LA
- ChemServe – CPSC
- Complete Environmental Testing – NELAC
Manufacturers of children’s products should test their products prior to selling in Vermont to confirm whether their products contained any of the chemicals from the list, or to confirm the value of the chemicals contained in their products.
Prohibition of Lead in Jewelry
The Vermont Statutes prohibit the manufacturer, sales, or distribution of sales of children’s jewelry containing lead.
The prohibition of lead content applies to children’s jewelry such as:
Title 9, Chapter 63 of the Vermont Statutes prohibits the manufacturer, sales, or distribution of children’s jewelry containing lead.
Lab testing is often necessary to confirm whether children’s jewelry contains lead, or not.
Restrictions on Perfluoroalkyl and Polyfluoroalkyl Substances and Other Chemicals of Concern in Consumer Products
This Act prohibits the use of PFAS in food packaging, rugs, and ski waxes. It also prohibits the use of phthalates in food packaging components and rugs.
This Act should apply to food packaging and its components such as:
- Sandwich wrappers
- French-fry boxes
- Bakery bags
- Microwave popcorn bags
- Take-out paperboard containers
It also covers rugs, carpets, and ski wax.
This Act prohibits the manufacture, sell, or distribution in the State of Vermont any containing PFAS in the following products:
- Food packaging
- Rugs and carpets
- Ski wax
In addition, food packaging and its components containing phthalates are also prohibited in Vermont. These components include:
According to the Act, the Attorney General may request the manufacturers of covered products to provide a copy of the certificate of compliance to attest the compliance of the products.
If the Attorney General decides that the products do not comply with the requirements of this Act, then such products are prohibited to be sold in Vermont. The Attorney General also requires manufacturers to provide a list of the names and addresses of sellers and might take action to withdraw or recall the products.
Manufacturers must comply with the requirements under this Act. The easiest way is to contact a reputable lab testing agency that can provide tests according to the requirements.
Flame Retardants – The Vermont Statutes
The Vermont Statutes prohibits the use of several flame retardants on certain groups of products, including electronics, upholstered products, and beddings.
The statutes cover products of the following categories:
Chapter 80, Title 9 of the Vermont Statutes prohibits the use of several flame retardants on certain groups of products, including electronics, upholstered products, and beddings.
Brominated flame retardants
The statutes prohibit companies from manufacturing, selling, or distributing a product containing more than 0.1% by weight of octaBDE or pentaBDE.
It also prohibits the manufacturer, sales, or distribution of these products containing more than 0/1% of decaBDE:
- Mattresses or mattress pads
- Upholstered furniture
- Plastic shipping pallets
Chlorinated flame retardants
The statutes prohibit companies from manufacturing, selling, or distributing any children’s products or household upholstered furniture that contain more than 0.1% by weight of TCEP or TDCPP.
This restriction also applies to the following individual article and not to the individual product components:
- Personal computers
- Audio and video equipment
- Wireless telephones
- Game consoles
- Computer games
Manufacturers are not allowed to replace the prohibited flame retardants of this chapter with other substances that are known to cause cancer, birth defects, hormone disruption, or reproduction harm to the users.
Manufacturers of covered products should test them to confirm that they do not contain flame retardants or other toxic chemicals covered by the statutes.
Single-Use Products Law
The Single-Use Products Law in Vermont prohibits the distribution and provision of certain types of plastic packaging and food containers from the foodservice providers, retail stores, cafes, and farmer’s markets in Vermont.
The Single-Use Products Law applies to the following types of plastic products:
- Plastic bags
- Plastic straws
- Plastic stirrers
- Expanded polystyrene food packaging
This law requires that stores and food service establishments such as cafes, restaurants, and food trucks are not allowed to provide the following types of plastic products at check-out:
- Plastic carryout bags
- Plastic straws
- Plastic stirrers
- Expanded polystyrene plates and cups
- Expanded polystyrene trays
- Expanded polystyrene egg cartons
- Expanded polystyrene take-out containers
Upholstered Furniture and Bedding Law
The Upholstered Furniture and Bedding Law prohibits the manufacturer, sales, or distribution of upholstered furniture or bedding products made of used materials. Manufacturers should also place a permanently affixed tag to the product displaying product and manufacturer’s information.
This law applies to upholstered furniture and bedding products such as:
- Mattress pads
- Sofa beds
The Upholstered Furniture and Bedding Law prohibits the manufacturer, sales, or distribution of upholstered furniture or bedding products made of used materials.
The Upholstered Furniture and Bedding Law requires that manufacturers must also affix a permanent label made of cloth or paper in a size of least 3 X 4 inches in dimensions to the upholstered or bedding article.
The label should display the following information in English:
- The material used for filling the article
- Name of the manufacturer or vendor
- A statement that such article contains all new material
Product Liability Law
Under Vermont law, product manufacturers are liable for the injuries or losses of the claimants under certain circumstances. Currently, there is no single uniform product liability act or law in Vermont. Manufacturers should consult an attorney specializing in this area if necessary.
Product liability applies to consumer products, such as:
- Electronic and electrical products
- Personal protective equipment
- Medical devices
- School supplies
Under Vermont law, product manufacturers are liable to the injuries or losses caused to the claimants when:
a. The product has design defects
b. The product was produced or assembled incorrectly during the manufacturing or production process
c. The product was not properly labeled with warning or instruction statements
To make sure your products are safe and compliant with the applicable state or federal standards, you should test your products in a professional lab agency regarding the design, materials, structure, and packaging of your products.
|Offenses Against Public Health – The Vermont Statutes||Link|
|Chemical Disclosure Program for Children’s Products||Link|
|Prohibition of Lead in Jewelry||Link|
|Restrictions on Perfluoroalkyl and Polyfluoroalkyl Substances and Other Chemicals of Concern in Consumer Products||Link|
|Flame Retardants – The Vermont Statutes||Link|
|Single-Use Products Law||Link|
|Upholstered Furniture and Bedding Law||Link|