U.S. Oregon – Proposed Amendment to the Toxic Free Kids Act

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Vol. 1442 | 10 Dec 2024

Oregon's HB3043 Enhances Toxic-Free Kids Act

The HB3043 was passed by the Oregon Legislature in 2023. It modified the existing 2015 Toxic Free Kids Act, requiring manufacturers to report children's products by brand name and product model and changes the reporting deadline.

Following the passing of HB3043, the Oregon Health Authority (OHA) issued a notice of proposed rulemaking on October 31, 2024. This proposal aims to implement the provisions of HB3043 and review the High Priority Chemicals of Concern for Children's Health (HPCCCH) list.

Key Updates to the proposed rulemaking:

  • New Chemicals Added

    The following new high-priority chemicals of concern for children's health have been added to the list. These are also aligned with those identified by the Washington State’s Children’s Safe Products Act (CSPA):
  1. Di-(2-methoxyethyl) phthalate (DMEP) (117-82-8)
  2. Tris (2,3-dibromopropyl) phosphate (TDBPP) (126-72-7)
  3. Tri-n-butyl phosphate (126-73-8) (TNBP)
  4. Dipentyl phthalate (131-18-0) (DPP)
  5. Perfluorooctanoic acid and related substances (PFOA) (335-67-1)
  6. Tricresyl phosphate (TCP) (1330-78-5)
  7. Bis (2-ethylhexyl) tetrabromophthalate (TBPH) (26040-51-7)
  8. Bis(chloromethyl)propane-1,3-diyl tetrakis-(2-chloroethyl) bis(phosphate) (V6) (38051-10-4)
  9. Isopropylated triphenyl phosphate (IPTPP) (68937-41-7)
  10. Decabromodiphenyl ethane (DBDPE) (84852-53-9)

  • Reporting Requirements

    Manufacturers must report children's products containing HPCCCH by brand name and product model. Product model refers to the specific product name used by the manufacturer to place the product into the stream of commerce. Instead of reporting the highest level of each chemical that is present, the chemical concentration ranges will need to be reported individually for each component part that includes a reportable chemical.

  • Revision of Request Date

    The revised reporting deadline is now January 31 of even-numbered years, as per the legislation. This change will take effect on January 1, 2025, and will impact the reporting cycle due January 31, 2026, for products sold in 2024 and 2025.

  • Exemptions and Enforcement

    Manufacturers can now add chemically identical product models to an approved exemption list. The revised requirements clearly outline the conditions under which manufacturers may be considered non-compliant.

  • Triennial Resubmission

    Manufacturers must resubmit Hazard Assessments (HA) for chemical substitutions every three years. Products sold with substitute chemicals not covered by an approved HA will be considered in violation. Manufacturers are exempt from submitting a third HA if the substitute chemical has been approved for six years.

For questions, please contact Harini Ramaswamy (harini.ramaswamy@intertek.com )  and Andrew Loveland (andrew.loveland@intertek.com)

If you have any questions, please contact:

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Harini Ramaswamy

Technical Manager, Softlines

Harini provides technical and regulatory support on consumer products testing to retailers in North America. She supports global labs, engages with regulatory bodies, industry groups and standards organizations. Harini holds a master’s degree in Design (Apparel Studies) from the University of Minnesota and B. Tech in Apparel Technology from Anna University, Chennai. Her functional apparel design projects presented at the Industrial Fabrics Association International (IFAI) and Techtextil conferences have won her numerous accolades. 

Email:  harini.ramaswamy@intertek.com

Image of Andrew Loveland
Andrew Loveland

Technical Director - Hardlines, Softlines and Toys

Andrew brings over 20 years of experience in the regulatory compliance and technical services industry relating to consumer products. With a background in electrical engineering, he advises on the technical aspects of identification and application of regulatory requirements and appropriate test methods necessary to measure safety, quality, and performance of consumer products. Andrew often advises retailers and suppliers on appropriate actions to effectively manage compliance risks.  

Email:  andrew.loveland@intertek.com  

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