SG 004/25
The US state of Oregon has announced a Permanent Administrative Order (PAO) to amend its disclosure program for children’s products. The PAO became effective on January 1, 2025.
The ‘Toxic-Free Kids Act’ (TFK Act) in the US state of Oregon 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 TFK Act. These rules and implementation processes were established under Phase 1 to Phase 4.
According to the TFK Act, reporting is required if an HPCCCH is at or above the de minimis level:
An HPCCCH, however, is required to be removed, substituted with a less hazardous alternative or have a waiver approved on or before the date a manufacturer has made three biennial notifications to the OHA of children’s products containing HPCCCH at or above the de minimis level if the children’s product falls within any of the following three categories:
Manufacturers (including importers and domestic distributors by statute) of children’s products with annual worldwide gross sales of less than USD 5 million are exempt from these notice requirements (OAR 333-016-2070).
In December 2024, the OHA announced PAO PH 119-2024 (Chapter 333) to amend administrative rules in chapter 333, division 16 related to the TFK Act by updating the list of HPCCCH as a result of the agency’s triennial review and implementing provisions from HB 3034 (Chapter 426, SafeGuardS 98/23). This Phase 5 of the rules contains, among other things, several important provisions. It:
* The additions are to be effective January 1, 2025 and will apply to biennial notifications due on January 31, 2026 for products sold or offered for sale in Oregon in 2024 and 2025 and beyond. Provisions implemented by HB 3034 to the TFK Act are already in effect.
Ensure your products meet the relevant regulations and protect customers from potential harm with chemical testing and analysis services from SGS. Discover more on our website and contact us if you would like to find out more. In the end, it’s only trusted because it’s tested.
© SGS Société Générale de Surveillance SA. This publication or website is a property of SGS Société Générale de Surveillance SA. All contents including website designs, text, and graphics contained herein are owned by or licensed to SGS Société Générale de Surveillance SA. The information provided is for technical and general information purposes only and offers no legal advice. The information is no substitute for professional legal advice to ensure compliance with the applicable laws and regulations. All information is provided in good faith “as is”, and SGS Société Générale de Surveillance SA makes no representation or warranty of any kind, express or implied, and does not warrant that the information will be error-free or meet any particular criteria of performance or quality.
