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The state of Oregon, USA, has published a Permanent Administrative Order to revise its Toxic-Free Kids Act. The latest revisions became effective on March 1, 2021.
The state of Oregon, USA, has published a Permanent Administrative Order to revise its Toxic-Free Kids Act. The latest revisions became effective on March 1, 2021.
In 2015, the U.S. state of 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 (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. These rules and implementation processes were to be established over Phases 1 to 3.
According to the Act, children’s product has the following meaning:
Per the Act, reporting is required if an HPCCCH meets the following:
An HPCCCH, however, will need to be removed, substituted with a less hazardous alternative or have a waiver approved by the OHA, by January 1, 2022 (the third biennial notice) if the children’s product fall under the following three categories:
In February 2021, the OHA approved Permanent Administrative Order (PAO) PH 9-2021 for Phase 3 Rulemaking of the Toxic-Free Kids Act. In addition to revising the language in the Act, including consistent chemical nomenclature for HPCCCH with chemicals of high concern for children (CHCC) under Washington State’s Children’s Safe Products Act (CSPA), this POA contains several new provisions for substitution, removal or waiver procedures for the aforementioned three categories of children’s products. These provisions include, inter alia, the following:
It is interesting to note that entry 28 to the HPCCCH list applies to 4-nonylphenol (CAS 104-40-5) under PAO PH 9-2021, as opposed to 4-nonylphenol (CAS 104-40-5), 4-NP and its isomer mixtures including CAS 84852-15-3 and CAS 25154-52-3 under the same entry in PAO PH 252-2018.
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