The US state of Oregon has amended its disclosure program for children’s products. The provisions will be implemented in phases, starting January 1, 2024.
The Toxic-Free Kids Act (the Act) in the US state of Oregon authorizes the Oregon Health Authority (OHA) to establish and maintain a list of High Priority Chemicals of Concern for Children’s Health (HPCCCH) that are used in the manufacture of products for children under the age of 12, and to establish rules governing what manufacturers must do to comply with the Act.
According to the Act, reporting is required if an HPCCCH is:
- Intentionally added and equal to, or greater than, the practical quantification limit (PQL), or
- A contaminant that is equal to, or greater than, 100 ppm
An HPCCCH, however, is required to be removed and substituted with a less hazardous alternative, or have a waiver approved by the OHA by January 1, 2022, or when a manufacturer has made three biennial notifications to the OHA of children’s products containing HPCCCH at or above the de minimis level, if the children’s product falls within any of the following three categories:
- Intended for children under the age of three
- ‘Mouthable’ as defined under ORS 431A.253
In July 2023, Oregon approved HB 3034 (Chapter 426, 2023) to amend the Act by allowing the OHA to better regulate HPCCCH in children’s products. The latest revision contains, inter alia, several important provisions. It:
- Adds new definitions for ‘Class of chemicals’ and ‘Subclass of chemicals‘
- Allows the OHA to establish a class of chemicals on the list and to exclude specific members of the class of chemicals, or a subclass of chemicals, that do not share the same hazards as other members of the class of chemicals
- Mandates the brand name and model (in addition to the product category of the children’s product that contains the chemical) as part of the reporting requirements (effective January 1, 2025)
- Permits manufacturers (including importers and domestic distributors by statute) to continue to sell or offer for sale children’s product for three years after a hazard assessment has been submitted if the OHA fails to act within 180 days
- Clarifies that an approved or deemed approved hazard assessment is valid for three years and a manufacturer must resubmit the hazard assessment at the end of this period
Unless specified above, the amendments will become effective on January 1, 2024.
Per the Act, the disclosure of brand name and model apply to notices submitted to the OHA on or after January 31, 2026
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