Oregon Issues Proposal to Phase Out Hazardous Chemicals in Selected Children’s Products

In June 2020, the US state of Oregon
published a Notice of Proposed Rulemaking (NPR) that seeks to establish rules
to help manufacturers comply with their regulatory requirements in relation to
the phasing out of
High Priority Chemicals of Concern for Children’s
Health (HPCCCHs) in three categories of children’s product:

  • Cosmetics
  • Intended
    for children under the age of 3
  • ‘Mouthable’

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The list of HPCCCHs was established
following the enactment of SB 478 ‘Toxic-Free Kids Act’ (the Act) in 2015.
Established and maintained by the
Oregon Health Authority
(OHA), the list contains HPCCCHs that are used in the manufacture of products
for children under the age of 12. The Act also established rules governing what
manufacturers must do to be compliant with the Act, contained in three phases.

law defines
children’s products as including:

  • Car seats
  • Childcare products
    to facilitate sucking, teething, sleep, relaxation, feeding or drinking
  • Clothing
    and footwear
  • Cosmetics
  • Jewelry
  • Toys

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Reporting an HPCCCH is required if either
of the following criteria is met:

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

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However, in the three categories of toy
covered by the NPR issued in June 2020, the requirement for the manufacturer
was that by January 1, 2022 (the third biennial notice), they should either:

  • Remove the
    HPCCCH, or
  • Substitute
    the HPCCCH with a less hazardous alternative, or
  • Obtain a
    waiver approved by the OHA

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NPR proposes the adoption of several new provisions in relation to the
substitution, removal, or waiver procedures for children’s products falling
under these three categories. These provisions include, inter alia, the

  • ‘Removal of Substitution of High Priority

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    1. Procedures required by manufacturers who remove an
      HPCCCH from, or cease to manufacture, the above three categories of children’s
    2. Procedures for manufacturers with no more than 25
      employees who wish to apply for a two-year extension of the date in ORS
      431A.260 to meet the requirements

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  • ‘Exemptions
    from Removal or Substitution Requirements’ – manufacturers may request for an
    exemption to remove or substitute an HPCCCH under ORS 431A.260 if they meet at
    least one of four conditions, including an HPCCCH meeting the limits under the
    Consumer Product Safety Improvement Act of 2008 (CPSIA)
  • ‘Requirements
    for Chemical Substitution and Hazard Assessment (HA) for substitute chemicals’
    – requirements for HA for manufacturers who wish to substitute an HPCCCH with a
    less-hazardous chemical and procedures for considering the HA
  • Application
    process and timelines for waivers from removal or substitution requirements –
    including a quantitative exposure assessment (QEA) demonstrating an HPCCCH is
    not reasonably anticipated to result in exposure to a child based on an
    analysis of the leaching and bioavailability of the HPCCCH
  • Alternative
    Assessment (AA) – manufacturers must perform an AA to evaluate the possibility
    of replacing chemicals in products with a safer alternative. The AA must be
    carried out by starting with the HA, and the following assessments in any order
    – QEA, technical feasibility assessment and financial feasibility assessment

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NPR also seeks to revise the existing language in the Act. This includes
creating consistency with chemical nomenclature for HPCCCHs with chemicals of
high concern for children (CHCCs) under Washington State’s Children’s Safe
Products Act (CSPA).

SGS Toy & Juvenile Product Services

SGS offers a wide range of services to ensure that products comply with
relevant standards for juvenile products and childcare articles. 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
Learn more about SGS’s
Toy & Juvenile Product Services.

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USA, Issues NPR for Phasing Out Hazardous Chemicals in Certain Children’s

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