US Oregon Approved to Amend Reporting Rules Under Toxic Free Kids Act (OAR 333-016)

The United States’ Oregon Health Authority (OHA) has approved to amend Oregon Administrative Rules (OAR) 333-016 regarding notification requirements for children’s products under Toxic Free Kids Act. All the proposed provisions have been adopted.

Please note the enforcement schedule of the amendment:

  • Changes to OAR 333-016-2020 Chemicals of High Concern to Children shall be effective on 1 January 2019.
  • Changes to OAR 333-016-2060 Notification requirements shall be effective on 1 October 2018.

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. 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 States;
3) The importer or owner of the children’s product in the United States.

* 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.