SAFEGUARDS | Consumer Products NO. 135/18
In July 2015, Oregon signed into law the ‘Toxic-Free Kids Act’ (the Act). The Act 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 to comply with the Act (Safeguard 141/15, ). These rules and implementation processes are to be established over Phases 1 to 3 .
According to the Act, reporting is required if an HPCCCH meets the following:
- 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
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 was due on January 1, 2018 and applied to children’s products sold or offered for sale in Oregon between January 1, 2017 and December 31, 2017. Future reporting notices apply to children’s products sold or offered for sale during the previous two-year period. For example, a manufacturer is required to include children’s products between January 1, 2018 and December 31, 2019 for the reporting year 2020.
In accordance with the Act, the OHA is required to review the list of HPCCCHs every three years and a maximum of 5 HPCCCHs may be added to the list per evaluation. The Act also directs the OHA to consider, inter alia, the following lists of chemicals when evaluating its list of HPCCCHs:
- 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 Chemicals of High Concern to Children (CHCCs, 18 V.S.A Chapter 38A § 1773)
- Washington ‘s list of CHCCs (WA 173-334-130)
In February 2016, we informed you  that the OHA had established the initial list of 66 HPCCCHs under Phase 1 of the rules and implementation processes. Those chemicals were identical to the initial list of 66 CHCCs under Washington State Department of Ecology’s (DOE) list of CHCCs (WAC 173-334-1300, Children’s Safe Products Act, CSPA).
In December 2016, the OHA established the PQL for each of the 66 HPCCCHs  under its Phase 2 of the rules and implementation processes (Safeguard 4/17 ). These rules also detailed reporting requirements, guidance for requesting exemption, and penalties for non-compliance.
In September 2018, the OHA approved two Permanent Administrative Orders (PAO) as part of its continuous revision to the Act. These were under Phase 2.1 of the rules and implementation processes and are:
PH 253-2018 clarifies, among other things, that the biennial notification requires only one report of a specific children’s product and only one person or entity falling under the definition of ‘manufacturer’ is required to report. This PAO also established a hierarchy of economic operators that are primarily held responsible for reporting an HPCCCH in a children’s product in the following order:
- Manufacturers, unless they have no presence in the United States (US)
- Distributors or entities making available for distribution, unless they have no presence in the US
- Importers or owners in the US
PH-252-2018 added 5 of the 20 chemicals and delisted the same 3 chemicals that were amended by Washington in September 2017. The amended CHCC list in Washington contains 85 chemicals (Safeguard 157/17 ). The revised list for Oregon contains 68 HPCCCHs.
Highlights of these two PAOs are summarized in Table 1.
|Oregon Health Authority, Chapter 333
Toxic-Free Kids Act Revision
|Item||Permanent Administrative Order (PAO)||Effective Date|
|1||PH-253-2018 ‘Notification Requirements’||October 1, 2018|
|2||PH-252-2018 ‘Chemicals of High Concern to Children’*||January 1, 2019|
*5 chemicals added: bisphenol S (BPS, CAS 80-09-1), triphenyl phosphate (TPP, CAS 115-86-6), tris(1-chloro-2-propyl) phosphate (TCPP, CAS 13674/48-4), short chain chlorinated paraffins (SCCPs, CAS 85535-84-8) and 2-ethyl-2,3,4,5-tetrabromobenzoate (TBB, CAS 183658-27-7)
*3 chemicals delisted: phthalic anhydride (CAS 85-44-9), octamethycyclotetrasiloxane (D4, CAS 556-67-2)) and molybdenum and its compounds (Mo, CAS 7439-98-7))
Stakeholders are advised to comply with the latest requirements for children’s products for the Oregonian market.
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.
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