Oregon revises Toxic-Free Kids Act to Clarify Reporting Requirements for Children’s Products
A look at Oregon’s Temporary Administrative Order, which revises the Toxic-Free Kids Act. This temporary rule is effective between August 26, 2021, and February 21, 2022.
- (1888PressRelease) October 15, 2021 - The Oregon Health Authority (OHA) has issued a Notice of Temporary Rulemaking (NTR) by approving Temporary Administrative Order (TAO) PH 40-2021 ‘Clarification related to the reporting of children’s products under the Toxic Free Kids Act’.
The TAO makes two important amendments to OAR 333-016-2060, which are:
• Clarification of the term ‘unit’ as being the same as ‘component part’ under OAR 333-016-2010 – this clarifies that reporting of a High Priority Chemicals of Concern for Children’s Health (HPCCCH) relates to each component part/unit of a children’s product rather than the whole/entire product. The latter method would under-calculate the concentration of an HPCCCH in a product component
• Manufacturers are required to use the highest concentration for reporting, if there are multiple concentrations for a given unit in a particular product category
The TAO will be in effect from August 26, 2021, to February 21, 2022. Stakeholders should be aware the OHA will make these changes permanent in the fall of 2021.
The ‘Toxic-Free Kids Act’ (the Act) was signed into law in 2015. It authorizes the OHA to establish and maintain a list of HPCCCH that are used in the manufacture of products for children under the age of 12. They are also required to establish rules governing what manufacturers must do to comply with the Act. These rules and implementation processes were established over Phases 1 to 3.
Under the terms of the Act, an HPCCCH must be reported if it is:
• Intentionally added and is equal to or greater than the practical quantification limit (PQL), or
• A contaminant that is equal to or greater than 100 ppm
Manufacturers of children’s products that are considered cosmetics, intended for children under the age of three, or ‘mouthable’ (defined under ORS 431A.253(8)), and contain an HPCCCH, must remove or substitute it, or have an OHA approved waiver by January 1, 2022 (or when a manufacturer has made three biennial notifications to the OHA of children’s products containing HPCCCHs at or above the de minimis level).
Stakeholders are advised to now check their products conform to the latest regulations being enforced in the US state of Oregon.
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. After all, it’s only trusted because it’s tested. Learn more about SGS’s Toy & Juvenile Product Services. [www.sgs.com/en/consumer-goods-retail/toys-and-juvenile-products
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