ACT NO. 171
Children; toxic chemicals; phthalates
Beginning July 1, 2009, this act prohibits the manufacture, sale, or distribution in commerce of toys or child care articles intended for use by a child under the age of three if the product contains certain phthalates in concentrations greater than 0.1%. It also prohibits, beginning July 1, 2009, the manufacture, sale, or distribution in commerce of toys or child care articles intended for use by a child under the age of three if the product can be placed in the childs mouth and contains certain additional phthalates in concentrations greater than 0.1%. The act defines child care articles as products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children or to help them with sucking or teething. It defines toys as products designed or intended to be used by children when they play.
The act requires manufacturers to use the least toxic alternative when replacing phthalates in products and prohibits them from replacing phthalates with known or likely carcinogens, as rated by the U.S. Environmental Protection Agency (EPA). It also bars manufacturers from replacing phthalates in products with reproductive toxicants identified by the EPA as causing birth defects, reproductive harm, or developmental harm.
The act deems a violation of its provisions to be a violation of the state Consumer Fraud Act and gives the attorney general and private parties the same rights and remedies
as they have under that act. The act also specifies that it should not be construed to regulate firearms or hunting or fishing equipment or components thereof.
Effective Date: July 1, 2008.
The Vermont General Assembly
115 State Street