Manufacturers Advised of Changes to Oregon’s Toxic-Free Kids Act

SGS, the world’s leading testing, inspection and certification company, is advising manufacturers of children’s products available in the US state of Oregon that new provisions concerning substance reporting came into effect on January 1, 2022.

Under the state’s Toxic-Free Kids Act, the Oregon Health Authority (OHA) is authorized to establish and maintain a list of high priority chemicals of concern for children’s health (HPCCCH) that are used in the manufacture of products children aged under 12. They are also required to establish rules governing how manufacturers should comply with the act.

Manufacturers are required to report an HPCCCH if either of the follow apply:

  • It is intentionally added and is equal to or greater than the practical quantification limit (PQL)
  • It is a contaminant that is equal to or greater than 100 ppm

The act also states that the HPCCCH must be removed, substituted (for a less hazardous substance), or the manufacturer must receive a waiver approved by the OHA by January 1, 2022, or when a manufacturer has made three biennial notifications, if the children’s product falls into any of the following categories:

  1. Cosmetics
  2. Intended for children under the age of three
  3. ‘Mouthable’ as defined under ORS 431A.253(8)

The OHA has now issued a Permanent Rule that clarifies reporting provisions and updates the act’s reportable chemical list. This came into effect on January 1, 2022.

The changes are:

  • Addition of five chemicals to HPCCCH list:
    1. Dicyclohexyl phthalate (DCHP)
    2. Diisobutyl phthalate (DIBP)
    3. Bisphenol F (BPF)
    4. Ethylhexyl diphenyl phosphate (EHDPP)
    5. Chlorinated paraffins (CAS)
  • Provides PQL and determination methods for these substances and updates PQL for several chemicals already on the list
  • Makes permanent Temporary Administrative Order PH_40-2021 ‘Clarification related to the reporting of children’s products under the Toxic Free Kids Act’ by clarifying that the reporting of an HPCCCH is for each component/unit of a children’s product and not the whole/entire product, and that the highest concentration is to be reported if there are multiple concentrations for a given unit in a particular product category

Stakeholders are advised to now check their children’s products conform to current legislation on the US state of Oregon.

SGS Childcare 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 Childcare Product Services.

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full Oregon, USA, Amends Toxic-Free Kids Act SafeGuardS.

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For further information contact:

Dr. HingWo Tsang

Global Information and Innovation Manager

Tel: (+852) 2774 7420



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We are SGS – the world’s leading testing, inspection and certification company. We are recognized as the global benchmark for quality and integrity. Our 96,000 employees operate a network of 2,600 offices and laboratories, working together to enable a better, safer and more interconnected world.

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