What are you looking for?

Oregon, USA, Issues Temporary Administrative Order to Clarify Reporting Requirements for Children’s Products

SafeGuardSToys and Juvenile Products, Hardgoods, Hardgoods, Softlines, Softlines, SoftlinesSeptember 24, 2021

The US state of Oregon has published a Temporary Administrative Order to revise its Toxic-Free Kids Act. This temporary rule is effective between August 26, 2021 and February 21, 2022.

In 2015, the US 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 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

An HPCCCH, however, will be required to be removed, 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 HPCCCHs at or above the de minimis level) if the children’s product fall within any of the following three categories:

  • Cosmetics
  • Intended for children under the age of three, or
  • ‘Mouthable’ as defined under ORS 431A.253(8) (SafeGuardS 40/21)

In August 2021, the OHA announced a Notice of Temporary Rulemaking (NTR) by approving Temporary Administrative Order (TAO) PH 40-2021 ‘Clarification related to the reporting of children’s products under the Toxic Free Kids Act’. This TAO makes two important amendments to OAR 333-016-2060. It:

  • Clarifies that the term ‘unit’ has the same meaning as ‘component part’ under OAR 333-016-2010 – this clarifies that reporting of an HPCCCH is for each component part/unit of a children’s product rather than the whole/entire product, the latter method of which under-calculates the concentration of an HPCCCH in a product component
  • Requires manufacturers to use the highest concentration for reporting if there are multiple concentrations for a given unit in a particular product category

The TAO is effective from August 26, 2021 to February 21, 2022 – OHA will make these changes permanent by rulemaking in the fall of 2021. 

SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website

For inquiries, please contact:

Dr. Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420 

© SGS Group Management SA - 2021 - 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.

Stay on top of regulatory changes within your industry
Read more articles for the Consumer Goods and Retail industry

News & Insights

  • SGS SafeGuardS

1 Place des Alpes,

P.O. Box 2152, 1211,

Geneva, Switzerland