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USA: Oregon revised toxic-free kids act

AUGUST 2023 - HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

Oregon passed its bill HB3043¹ modernising Toxic-Free Kids Act. The Oregon Health Authority (OHA) is empowered further to strengthen the protections for children’s health and amend business reporting requirements.

The Toxic-Free Kids Act was passed in 2015 which mandates manufacturers to file reports with the OHA if their children’s products contain one or more high priority chemicals of concern for children’s health (HPCCCH). The aim is to remove these chemicals or manufacturers must seek a waiver. There are currently 73 HPCCCH listed.

The amendments are highlighted below:

• Adds the definition of class of chemicals. OHA can now regulate classes of chemicals instead of regulating one-by-one;
• Requires disclosure of brand name and model as part of the reporting information; 
• Removes a provision prohibiting OHA from adding more than five chemicals to the list of HPCCCH;
• Authorises manufacturers to continue selling children's products for which the hazard assessment was submitted for a period of three years. Manufacturer must resubmit the hazard assessment at the end of the three-year period.

The above amendments will apply from 1 January 2024 except the one for disclosure of brand name and model which will apply from 1 January 2025. The notices containing brand name, model and product category of children’s products containing HPCCCH are due to be submitted on or after 31 January 2026.  

[1] Bill HB3043

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