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USA: Oregon proposes revisions to children’s products reporting rules

august 2018- Relevant for: toys and children's products

In the United States, the Oregon Health Authority (OHA) has recently proposed¹ to amend administrative rules in chapter 333, division 16 regarding notification requirements under the Toxic Free Kids Act². A public hearing will be held on 16 August and interested parties may comment on the proposed rules by 22 August.

The Act requires manufacturers to report the existence of high priority chemicals of concern for children’s health (HPCCCH) contained in children’s products offered for sale in Oregon, if the HPCCCH are intentionally added above the practical quantification limit (PQL), or are present as contaminants above 100 parts per million. The first reporting deadline was 1 January 2018, for all covered products sold offered for sale or sold in the state in 2017. The next reporting year is 2020.

If adopted, the reporting list of HPCCCH will be amended to 68 chemicals. The Authority proposed to add five and remove three chemicals considering the recent updates of Washington State CHCC.

   Proposed amendments also clarified the notification requirements. Highlights of the amendments are summarised as follows:

• The only person or entity that meets the definition of manufacturer holds primary responsible for reporting and with respect to enforcement. Manufacturers mean “any person that produces a children’s product or an importer or domestic distributor of a children’s product.” An importer is “the owner of the children’s product.”
• The authority would enforce the reporting requirements against manufacturers following the responsibility order as domestic producers, domestic distributor, then importer or owner of the children’s product.
• The notification should report the number of children's product that contains HPCCCH either sold or offered for sale in the state during the biennial notice period³.
• The second biennial notice should cover the period of 1 January 2018 through 31 December 2019
• The fees for notification of each HPCCCH, exemption request and the manufacturing control program review are clarified.

[1] OAR 333-016 Notice of Rulemaking

[2] OHA website of the Act

[3] HPCCCH Reporting portal