SAFEGUARDS | Consumer Products NO. 029/16
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’  (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
The scope also includes all components in these children’s products. Reporting is required if the HPCC is
- Intentionally added and is equal to or greater than the practical quantitation limit (PQL) or
- A contaminant that is equal to or greater than 100 ppm
The initial list of HPCCs in Oregon contains 66 chemicals  and these are identical to the list of 66 Chemicals of High Concern to Children (CHCCs) in Washington (WAC 173-334-130)  and Vermont’s list of 66 CHCCs 18 V.S.A Chapter 38A § 1773) . 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)) , 
- Minnesota’s list of CHCs (Minn.Stat. 2010 116.9401-116.9407) 
- Vermont’s list of CHCCs (18 V.S.A Chapter 38A § 1773)
- Washington ‘s list of CHCCs (WA 173-334-130)
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)
|High priority chemicals of concern(HPCCs)||Products for children under the age of 12||
Reporting to Health Authority is required if HPCC is
By submission of third biennial notice, HPCC must be removed or substituted or seek waiver if HPCC in a children’s product is
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
t: +852 2774 7420
Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!
© SGS Group Management SA – 2016– All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.