The United States’ Oregon Health Authority (OHA) has proposed to amend Oregon Administrative Rules (OAR) 333-016 regarding notification requirements for children’s products under Toxic Free Kids Act. Here are the highlights of the proposal:

High priority chemicals of concern for children’s health (HPCCCH) (OAR 333-016-2020)

The OHA drafted the following changes to the list of high priority chemicals of concern. If approved, the number of listed chemicals shall become 68.

a)     Chemicals proposed to be added:

b)    Chemicals proposed to be removed:

Notification requirements (OAR 333-016-2060)

The proposal intended to clarify 3 points about the notification requirements:

1. The notification shall report the number of children’s product that contain HPCCCH either sold or offered for sale in Oregon during the biennial notice period.

2. The second notification shall cover the period of 1 January 2018 through 31 December 2019.

3. Only one person or entity that falls within the definition of manufacturer* shall be required to report with respect to a particular children’s product. The priority of reporting responsibility shall follow this order:

1. Any person or entity that manufactured the children’s product, unless it has no presence in the United States
   
2. Any person or entity that distributed or made available for distribution the children’s product, unless it has no presence in the United Statesb)
   
3. The importer or owner of the children’s product in the United Statesc)

*  According to Oregon Revised Statutes (ORS) 431A.253, “manufacturer” means any person that produces a children’s product or an importer or domestic distributor of a children’s product. For the purpose of this subsection of the ORS, “importer” means the owner of the children’s product.

Reference: Previous Regulatory Updates

• us_15_033_FollowUp_1: Toxic Free Kids Act and initial list of high priority chemicals of concern for children’s health
• us_16_022_FollowUp_1: More details about notification requirements

About Intertek

Intertek is a leading Total Quality Assurance provider to industries worldwide. Our network of more than 1,000 laboratories and offices and more than 100 countries, delivers innovative and bespoke Assurance, Testing, Inspection and Certification solutions for our customers’ operations and supply chains. Intertek Total Quality Assurance expertise, delivered consistently with precision, pace and passion, enabling our customers to power ahead safely.

www.intertek.com.cn