U.S. – Oregon Amends Toxic-Free Kids Rule

Vol. 1042 | 02 Oct 2018

Oregon Health Authority (OHA) amended the Toxic-Free Kids Rule (TFKR), also known as the Children’s Products Reporting Rule requirements. Following are the amendments:

High Priority Chemicals of Concern for Children’s Health (HPCCCH) list revision

Based on the revision to the Washington Children’s Products Reporting Rule – Chemicals of High Concern (CHCC) list, the OHA revised the HPCCCH list to add five of the 20 chemicals that were added to Washington’s CHCC list, and to remove the three chemicals that Washington removed from its CHCC list. Effective date for this revision is January 1, 2019.

Following are the substances that were added and removed from the HPCCCH list:

Substances Added to HPCCCH List	Substance Removed from HPCCCH List
Bisphenol S (BPS)	Phthalic anhydride
Triphenyl phosphate (TPP)	Octamethylcyclotetrasiloxane (D4)
Tris(1-chloro-2-propyl) phosphate (TCPP)	Molybdenum and its compounds
Short-chain chlorinated paraffins (SCCPs)
2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)

Notification Requirements revision

This revision clarifies that only one report should be filed for each specific children’s product. This notification should be performed by only one person and provides a “hierarchy of notification” to further specify the order by which a person or entity selling/offering for sale children's products covered by the Oregon Toxic-Free Kids Act needs to report. Following is the hierarchy of entity responsible for reporting:

1. Product manufacturer, unless it has no presence in the United States.
2. Any person or entity that distributed or made available for distribution the children's product, unless it has no presence in the United States.
3. The importer or owner of the children's product in the United States.

In addition, the revision aligns the Reporting Rule with the statute to require the number of the children's product that contain the HPCCCH either sold or offered for sale in Oregon during the biennial notice period be reported as part of the biennial notice.

Finally, the revision aligns fee collection for the manufacturing control program (MCP) exemption requests, with the bill HB 5027 that was adopted into law last year. Now with an MCP exemption request a manufacturer will have to submit $1,500 nonrefundable fee, and an hourly fee of $200 for the MCP review.

The requirements of this amendment are effective from October 1, 2018.

HPCCCH List Revision final rule: https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/HEALTHYNEIGHBORHOODS/TOXICSUBSTANCES/Documents/OAR%20333-016-2020%20FINAL%20text.pdf

Notification Requirements Revision rule: https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/HEALTHYNEIGHBORHOODS/TOXICSUBSTANCES/Documents/OAR%20333-016-2060%3b%202080%3b%202090%20FINAL%20text.pdf

For questions, please contact Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273) or Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265).