The Oregon Health Authority (OHA) has adopted the final text amending Oregon Administrative Rules 333-016 on reporting rules under the Toxic-Free Kids Act on Dec 23, 2016.

The OHA require manufacturers of children’s products sold or offered for sale in state under 12 years of age to disclose high priority chemicals of concern for children’s health (HPCCCH) used in children’s products, unless the manufacturer or product is exempt.

The children’s product includes:

1. Any of the following products that are made for, marketed for use by or marketed to children under 12 years of age:
   (i) A product designed or intended by the manufacturer to facilitate sucking, teething, sleep, relaxation, feeding or drinking.
   (ii) Childrens clothing and footwear.
   (iii) Car seats.
   (iv) Childrens cosmetics.
   (v) Childrens jewelry.
   (vi) Toys.
2.  Any component part of a product specified in subparagraph (A) of this paragraph.

The children’s product does not include:

1. Athletic shoes with cleats or spikes.
2. Batteries.
3. BB guns, pellet guns and air rifles.
4. Bicycles and tricycles.
5. Chemistry sets.
6. Consumer electronic products, including personal computers, audio and video equipment, calculators, wireless telephones and game consoles, handheld devices that incorporate a video screen and are used to access interactive software, and the associated peripherals.
7. Interactive software intended for leisure and entertainment, such as computer games, and their storage media, such as compact discs.
8. Model rockets.
9. Pocketknives and multitools.
10. Roller skates.
11. Scooters.
12. Sets of darts with metallic points.
13. Slings and catapults.
14. Snow sporting equipment, including skis, poles, boots, snowboards, sleds and bindings.
15. Sporting equipment and accessories, including but not limited to bats, balls, gloves, sticks, pucks, pads, helmets and other protective equipment, weight training and exercise aids, protective eyewear, backpacks and tents, raingear, sport bags and luggage, and golf equipment.
16. Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding 24 volts.
17. Food and beverages and food and beverage packaging regulated by the United States Food and Drug Administration or the United States Department of Agriculture.

Manufacturer includes any person that produces a children’s product or an importer or domestic distributor of a children’s product.

No later than January 1, 2018, and every other year thereafter, a manufacturer of a children’s product sold or offered for sale in this state that contains a HPCCCH in an amount at or above a de minimis level must submit a notice to OHA that contains all the information required in the rules, unless the manufacturer or product is exempt. 

1. for a chemical that is a contaminant is 100 parts per million.
2. for intentionally added chemicals are the PQL established in Exhibit A.

The first manufacturer’s notice due on January 1, 2018, applies to children’s products sold or offered for sale in this state between January 1, 2017 and December 31, 2017. Future notices apply to children’s products sold or offered for sale during the previous two year period.

The manufacturer or product could be exempt if:

1. A manufacturer of children’s products with annual worldwide gross sales of less than $5 million, as reported on the most recent tax return filed by the manufacturer before the notification required under the rules, is exempt from all the requirements of the rules.
2. A manufacturer or trade association may submit to the Authority a request for an exemption from the rules if the HPCCCH in a children’s product is present only as a contaminant at or above the de minimis level, and a manufacturing control program is in place.

There are 66 chemicals on the list of high priority chemicals of concern for children’s health and the list is identical to the Washington –Children’s Safe Products Act: Reporting rule CHCC list and the Vermont Reporting rule CHCC list. The disclosure notice shall include the following information:

1. The name and its CAS # of the chemical contained in the children’s product;
2. The product category the chemical contained in the children’s product;
3. A description of the function of the chemical in the children’s product;
4. The amount of the chemical used in each unit of the children’s product reported as a range rather than an exact amount;
5. The name and address of the manufacturer, and the name, address and telephone number of the contact person for the manufacturer;
6. The name, address and contact information for the trade association submitting the notification on behalf of the affected industry；
7. Any other relevant information.

The Implementation of Toxic Free Kids Act:

Phase 1: SB 478 required OHA to post the list of high priority chemicals of concern for children’s health that manufacturers will be required to report, along with health information about these chemicals, by January 1, 2016. OHA will review the list of chemicals every 3 years and may remove chemicals or add up to 5 chemicals per review cycle.

Phase 2: SB 478 requires manufacturers of children’s products to report to OHA the products they manufacture that contain chemicals on the list and identify which chemicals they contain.

• The first round of manufacturer reporting is due to OHA by January 1, 2018, unless OHA approves the successful submission of a Manufacturing Control Program exemption request.
• From then on, non-exempt manufacturers will be required to report every other year until they remove the chemicals of concern from their products, or they stop marketing the products containing those chemicals in Oregon.

Phase 3: SB 478 requires that non-exempt manufacturers either remove the chemicals on the list from their products or apply to OHA for a waiver by their third report (first deadline possible is January 1, 2022).

If a manufacturer applies for a waiver, they will be required to either demonstrate that:

• The chemical of concern does not move from the product into children’s bodies under conditions of normal use of the product, or;
• Conduct an alternatives assessment demonstrating that eliminating or substituting the chemical of concern is not financially or technically feasible.

If a manufacturer replaces a chemical of concern with another chemical in the product, SB 478 requires that they submit a chemical hazard assessment demonstrating that the substitute chemical is not as or any more toxic than the replaced chemical of concern.

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