SAFEGUARDS | Consumer Products NO. 004/17

SafeGuardS kids playing dough

The state of Oregon has recently published rules for disclosing hazardous substances in children’s products. The first reporting notice is due on January 1, 2018.

In August 2015, we [1] informed you that the governor of Oregon signed Senate Bill 478 (SB 478), the ‘Toxic-Free Kids Act’, into law. The law authorizes the Oregon Health Authority (OHA) to establish and maintain a list of high priority chemicals of concern for children’s health (HPCCCHs) that are used in the manufacture of products for children under the age of 12, and to establish rules governing what manufacturers must do in order to comply with the law. Unless exempted, a manufacturer of children’s products containing an HPCCCH in a quantity at or above the de minimis level is required to submit a notice to the OHA by January 1, 2018 and every other year thereafter. The first manufacturer’s notice is due on January 1, 2018 and applies to children’s products sold or offered for sale in Oregon between January 1, 2017 and December 31, 2017.

According to the law, reporting is required if the HPCCCH is

  • Intentionally added and is equal to or greater than the practical quantification limit (PQL), or
  • A contaminant that is equal to or greater than 100 ppm

In February 2016, we [2] informed you that the OHA had established an initial list of 66 HPCCCHs. This list of chemicals was found to be 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]).

In December 2016, the OHA published phase 2 administrative rules [5] relating to implementation of the law. The rules have a number of important provisions, including:

  • Establishing PQLs for each of the 66 HPCCCHs. These 66 chemicals are identical to those for Vermont and Washington. With the exception of 2-ethylhexanoic acid (CAS 149-57-5) where the PQL for each of Oregon [6] and Washington [7] is 1.0 ppm but 10.0 ppm for Vermont [8], all of the other PQLs are identical.
  • Exemptions from reporting or notice requirements, including businesses with less than USD 5 million in global gross sales.
  • Information to be reported in relation to manufacturer, HPCCCH and product category of children’s product.
  • Informing the industry that the second biennial notice will cover the period of January 1, 2018 to December 31, 2020.
  • Reporting of product categories are defined at the ‘brick’ level of the GS1 Global Product Classification (GPC) standard.

The OHA will commence developing phase 3 final rules in 2019 in relation to requirements for removing HPCCCHs in children’s products and other provisions in the law.

Highlights of Oregon’s reporting law for children’s products and a comparison with those for Washington and Vermont are summarized in Table 1.

Oregon Vermont Washington

ORS § 431A.253 to § 431A.280 [9] (Toxic Free Kids Act)

18 V.S.A. Chapter 38A [10] (Chemicals of High Concern to Children)

RCW Chapter 70.240 [11] (Children’s Safe Products Act (CSPA))

Scope Children’s products falling under ORS 431A.253 Children’s products falling under 18 V.S.A. Chapter 38A § 1772 Children’s products falling under RCW Chapter 70.240.010
Product category ‘Brick’ level of the GS1 Global Product Classification (GPC) standard
Chemicals to be reported High priority chemicals of concern for children’s health (HPCCCHs) Chemicals of high concern to children (CHCCs) Chemicals of high concern to children (CHCCs)
Components/materials to be reported All Accessible Accessible
Phase out of chemicals of concern

HPCCCHs to be phased-out by third biennial notice if chemical present in a children’s product that is:

  • Mouthable
  • Cosmetic
  • Intended for children under the age of 3
Not required for CHCCs Not required for CHCCs

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:

Hingwo Tsang
Global Hardlines Information and Innovation Manager
t: +852 2774 7420

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