USA: Oregon revised HPCCCH list for children’s products

JANUARY 2025 - HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

The Oregon Health Authority (OHA) published an amendment to the Toxic-Free Kids Act in December 2024, expanding the list of High Priority Chemicals of Concern for Children's Health (HPCCCH) from 73 to 83 substances. The amendment also incorporated changes from Bill HB 30432, which became effective on 1 January 2025.

The Toxic-Free Kids Act requires manufacturers to notify OHA if their children’s products contain one or more HPCCCHs exceeding the limits. Manufacturers can apply for a waiver if specific conditions are met. As required by the Act, OHA reviews the list of HPCCCHs every 3 years. Ten (10) chemicals from the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children (CHCC) were added. This applies to the biennial notifications due on 31 January 2026 for products sold or offered for sale in Oregon in 2024 and 2025. Table A shows the newly added chemicals to the HPCCCH list.

The other key updates are as follows:

1. Reporting requirements

Manufacturers must report both their brand name and product model of their products. Product model means the specific product name used by the manufacturer to place the product into the stream of commerce. In addition, the chemical concentration ranges need to be reported individually for each component part that includes a reportable chemical, instead of only reporting the highest level of each chemical present;

2. Reporting Deadline

The due date is changed from 1 January to 31 January of even-numbered years. This amendment also shifts several due dates to align with the revised reporting deadline, including those for requests for exemption from notice requirements, and date on which manufacturers must notify OHA that a HPCCCH has been removed or substituted from products;

3. Hazard Assessment (HA)

A HA for chemical substitution must be resubmitted every three years and manufacturers may be exempted from submitting a third HA if the substituted chemical has been approved for six years;
The amendment also clarifies selling or offering for sale products with a substitute chemical not specified in an approved HA is a violation;

4. Exemptions

Manufacturer may request to add chemically identical product models to an approved exemption list, provided that specific conditions are met.

Table A: Newly added chemicals (10) on the HPCCCH list

Chemical name	CAS no.	Potential uses
Di-(2-methoxyethyl) phthalate (DMEP)	117-82-8	Used as plasticiser in polymeric materials and paints, lacquers and varnishes.
Dipentyl phthalate (DPP)	131-18-0	Used as plasticiser in PVC.
Bis (2-ethylhexyl) tetrabromophthalate (TBPH)	26040-51-7	Used in construction materials and as a non-flammable plasticizer in PVC electrical equipment, electronics, and appliances.
Tris (2,3-dibromopropyl) phosphate (TDBPP)	126-72-7	Used as flame retardant in rigid foams, clear cast acrylic sheet, lacquers, styrene-butadiene rubber, latex rubber, cured unsaturated polyesters, and plastics.
Tri-n-butyl phosphate (TNBP)	126-73-8	Mainly used as a flame retardant in aircraft hydraulic fluid. Also used as a solvent, plasticizer, carrier for fluorescent dyes, antifoaming agent.
Perfluorooctanoic acid and related substances (PFOA)	335-67-1	Used in water, oil and grease repellent treatments for carpets, furniture and clothing.
Tricresyl phosphate (TCP)	1330-78-5	Used as flame retardant and plasticizer in PVC, cellulosic polymers, thermoplastics, and synthetic rubber.
Bis(chloromethyl)propane-1,3-diyl tetrakis-(2-chloroethyl) bis(phosphate) (V6)	38051-10-4	Used as an additive flame retardant in polyurethane foam.
Isopropylated triphenyl phosphate (IPTPP)	68937-41-7	Used as flame retardant and plasticizer in a range of PVC products, polyurethanes, textile coatings, adhesives, paints, and pigment dispersions.
Decabromodiphenyl ethane (DBDPE)	84852-53-9	Used as additive flame retardant for a variety of polymer applications and for textiles.

[1] Permanent Administrative Order (PH 119-2024)

[2] Bill HB 3043

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