US State of Oregon Updates Toxic-Free Kids Rule

The US state of Oregon has published two Permanent Administrative Orders (PAO) that amend its ‘Toxic-Free Kids Act’. These are (with effective date):

• PH 252-2018 ‘Chemicals of High Concern to Children’ - January 1, 2019
• PH 253-2018 ‘Notification Requirements’ - October 1, 2018

Oregon signed the ‘Toxic-Free Kids Act’ into law in 2015. It 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. The OHA is also required to establish rules and implementation processes governing compliance with the act – established over Phases 1 to 3.

An HPCCCH must be reported if it is either:
• Added intentionally and is equal to or greater than the practical quantification limit (PQL)
• A contaminant and is equal to or greater than 100 ppm

Stakeholders should be aware that, unless exempted, the first manufacturer’s notice was expected 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. It is then expected every other year. Future reporting notices apply to the previous two-year period – meaning a manufacturer will be required to report children’s products sold or offered for sale in Oregon between January 1, 2018 and December 31, 2019, in the reporting year 2020.

The OHA is expected to review the list of HPCCCHs every three years. At this time, they can add up to five new HPCCCHs. The initial list, in February 2016, contained 66 HPCCCHs under Phase 1 of the rules and implementation process – identical to Washington State’s Department of Ecology’s CHCC list.

The OHA then established the practical quantification limit (PQL) for these HPCCCHs in December 2016 under Phase 2. This included reporting requirements, guidance for requesting exemption, and penalties for non-compliance.

The recently approved PAO, issued in September 2018, are part of the OHA’s continuous revision to the Act and were published under Phase 2.1.
PH 252-2018 adds five chemicals to the list:
• 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)
• 2-ethyl-2,3,4,5-tetrabromobenzoate (TBB, CAS 183658-27-7)

In addition, it delists:
• Phthalic anhydride (CAS 85-44-9)
• Octamethycyclotetrasiloxane (D4, CAS 556-67-2)
• Molybdenum and its compounds (Mo, CAS 7439-98-7)

Oregon’s list now contains 68 HPCCCHs in comparison to Washington State’s, which contains 85.

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. It also establishes a hierarchy of economic operators that are primarily held responsible for reporting an HPCCCH. The order is:
1. Manufacturers, unless they have no presence in the United States (US)
2. Distributors or entities making available for distribution, unless they have no presence in the US
3. Importers or owners in the US

Stakeholders are now advised to make sure their products comply with the latest version of Oregon’s ‘Toxic-Free Kids Act’.

SGS Toy & Juvenile Product Services
SGS offers a wide range of services to ensure that products comply with relevant standards for childcare articles and children’s equipment. They provide consulting, training, product development, testing, audit and inspection services to ensure that products comply with strict regulations worldwide, demonstrating the safety and quality of juvenile products being brought to the market. Learn more about SGS’s Toy & Juvenile Product Services. [www.sgs.com/en/consumer-goods-retail/toys-and-juvenile-products/juvenile-products-and-childcare-articles]

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This release was published on openPR.