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SAFEGUARDS | Consumer Products NO. 029/16

SafeGuardS Baby boy

The state of Oregon in the US has recently established the initial list of high priority chemicals of concern (HPCCs) for reporting in children’s products. The first biennial notice will be no later than 1 January, 2018.

In July 2015, we informed you that the US state of Oregon signed the ‘Toxic-Free Kids Act’ [1] (SB 478, 2015) into law. The law mandates manufacturers, importers or domestic distributors of children’s products to disclose the presence of HPCCs and authorizes the Oregon Health Authority (OHA) to establish and maintain a list of HPCCs used in production of these children’s products.

According to the definitions in the law, children’s products are products that are manufactured for, marketed for use or marketed to children under the age of 12. These children’s products are:

  • Car seats
  • Childcare products intended to facilitate sucking, teething, sleep, relaxation, feeding or drinking
  • Clothing and footwear
  • Cosmetics
  • Jewelry
  • Toys

The scope also includes all components in these children’s products. Reporting is required if the HPCC is

  • Intentionally added and exceeds the practical quantitation limit (PQL) or
  • A contaminant that exceeds 100 ppm

The initial list of HPCCs in Oregon contains 66 chemicals [2] and these are identical to the list of 66 Chemicals of High Concern to Children (CHCCs) in Washington (WAC 173-334-130) [3] and Vermont’s list of 66 CHCCs 18 V.S.A Chapter 38A § 1773) [4]. It is important to note that the presence of a HPCC in a children’s product does not mean that there is a violation of existing laws or safety standards.

Oregon’s Toxic-Free Kids Act also mandates the OHA to review the list of HPCCs every 3 years. The OHA will consider amending the list based on new legislative and scientific information. This review must include any chemical that has been added to or removed from any of the following lists within the preceding 3 years:

  • Maine’s list of Chemicals of High Concern (CHCs, Maine Law 38 § 1693-A(2)) [5], [6]
  • Minnesota’s list of CHCs (Minn.Stat. 2010 116.9401-116.9407) [7]
  • Vermont’s list of CHCCs (18 V.S.A Chapter 38A § 1773)
  • Washington ‘s list of CHCCs (WA 173-334-130)

Oregon now joins Maine [8], Vermont [9] and Washington [10] in establishing a list of toxic chemicals for reporting in children’s products

Highlights of the ‘Toxic-Free Kids Act’ from the US State of Oregon are summarized in Table 1.

Table 1 - Oregon - Toxic-Free Kids Act (Chapter 786, 2015 Laws)

Substance Scope Requirement Effective Date
High priority chemicals of concern(HPCCs) Products for children under the age of 12

Reporting to Health Authority is required if HPCC is

  • Intentionally added and exceeds practical quantitation limit (PQL) or
  • A contaminant and exceeds 100 ppm

By submission of third biennial notice, HPCC must be removed or substituted or seek waiver if HPCC in a children’s product is

  • A cosmetic
  • Intended for children under the age of 3 or
  • ŸMouthable

1 January 2016

First biennial notices by 1 January 2018

(A biennial notice thereafter by 1 January of the year following the year after the HPCC has been added onto the list)

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy, for restricted and hazardous substances in children’s products for the US and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hing Wo Tsang
Global Hardlines
t: +852 2774 7420

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