Amendments To Oregon’s Toxic-Free Kids Act Proposed

Top Quote A look at the proposals to amend the US state of Oregon’ Toxic-Free Kids Act. End Quote
  • (1888PressRelease) December 03, 2021 - The Oregon Health Authority (OHA) has released a Temporary Administrative Order (TAO) and announced a Notice of Proposed Permanent Rulemaking (NPPR) in relation to the state’s Toxic-Free Kids Act.

    Issued in August 2021, TAO PH 40-2021 clarifies that reporting of an HPCCCH – High Priority Chemicals of Concern for Children’s Health – is for each component part/unit of a children’s product and not the whole/entire product. It also states that reporting should be made on the highest concentration when there are multiple concentrations for a given unit in a particular product category.

    The NPPR – ‘Toxic-Free Kids Rule Revision to clarify Reporting and Revise Reportable Chemical List’ – has been made available on the OHA website. It contains several important amendments, including:

    • Making TAO PH 40-2021 permanent – applicable to biennial notifications due on January 1, 2022, for products sold or offered for sale in the state in 2020 and 2021
    • Adding five chemicals to the state’s HPCCCH list (from the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children (CHCC)):
    o Bisphenol F (BPF, CAS 620-92-8)
    o Chlorinated paraffins (CAS 108171-26-2)
    o Dicyclohexyl phthalate (DCHP, CAS 84-61-7)
    o Diisobutyl phthalate (DIBP, CAS 84-69-5)
    o Ethylhexyl diphenyl phosphate (EHDPP, CAS 1241-94-7)
    (Applicable to biennial notifications due on January 1, 2024, for products that are sold or offered for sale in 2022 and 2023)
    • Amending the entry for 4-nonylphenol to become 4-NP and its isomeric mixtures including CAS 84852-15-3 and CAS 25154-52-3
    • Simplifying the entry for ‘Mercury (7439-97-6) & mercury compounds including methylmercury’ to become ‘Mercury & mercury compounds’
    • Providing Practical Quantification Limits (PQLs) and methods for the proposed five HPCCCH and amending the PQLs for 27 HPCCCH that were already on the list

    Oregon’s Toxic-Free Kids Act was signed into law in 2015. It authorizes the OHA to establish and maintain an HPCCCH list and relates to products manufactured for children under 12 years of age.

    Under the terms of the act, HPCCCH must be reported if they are:
    • Intentionally added and equal to or greater than the practical quantification limit (PQL), or
    • A contaminant that is equal to or greater than 100 ppm

    However, there is a requirement to remove the HPCCCH and replace 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 HPCCCH at or above the de minimis level), if the children’s product is classified as one of the following:
    • Cosmetic
    • Intended for children under the age of three
    • ‘Mouthable’ as defined under ORS 431A.253(8)

    Stakeholders are advised to check their products conform to the latest provisions under the Toxic-Free Kids Act.

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