Vermont Plans to Expand Definition of Formaldehyde in CHCC Reporting Rule

The Department of Health (DOH) in Vermont, USA, has issued a proposal to update its disclosure program for children’s products – V.S.A. Title 18: Chapter 38A ‘Chemicals of High Concern to Children’ (the Act).

If adopted, the proposals will:
• Expand the definition of formaldehyde – from ‘Formaldehyde’ to ‘Formaldehyde and substances that are intentionally added to release formaldehyde, including but not limited to, DMDM hydantoin (also known as 1,3-bis(hydroxymethyl)-5,5-dimethylimidazolidine-2,4-dione), imidazolidinyl urea, diazolidinyl urea, and quaternium-15’
• Clarify that reporting will be required within 30 days from the time the product is offered for sale or distributed after August 31, 2020 and such reporting will continue on an annual basis
The Act requires either a children’s product manufacturer or trade association to report the presence of chemicals of high concern (CHCCs) to the DOH, if the CHCC is in an accessible part of the children’s product and is:
• Intentionally added and is greater than the practical quantification limit (PQL), or
• A contaminant that is equal to or greater than 100 ppm

Stakeholders should be aware the Vermont DOH also previously published a proposal in October 2019 to expand the definition of formaldehyde to include ‘formaldehyde donors’ – substances that are intentionally added to a product to degrade to and release formaldehyde as a preservative.

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