Oregon revises Toxic-Free Kids Act to Clarify Reporting Requirements for Children’s Products

The Oregon
Health Authority (OHA) has issued a Notice of
Temporary Rulemaking (NTR) by approving Temporary
Administrative Order (TAO) PH 40-2021 ‘Clarification related to the reporting
of children’s products under the Toxic Free Kids Act’.

The TAO makes two important amendments to
OAR 333-016-2060, which are:

  • Clarification
    of the term ‘unit’ as being the same as ‘component part’ under OAR 333-016-2010
    – this clarifies that reporting of a High Priority Chemicals of Concern for
    Children’s Health (HPCCCH) relates to each component part/unit of a children’s
    product rather than the whole/entire product. The latter method would under-calculate
    the concentration of an HPCCCH in a product component
  • Manufacturers
    are required to use the highest concentration for reporting, if there are
    multiple concentrations for a given unit in a particular product category

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The TAO will be in effect from August 26, 2021,
to February 21, 2022. Stakeholders should be aware the OHA will make these
changes permanent in the fall of 2021.

The ‘Toxic-Free
Kids Act’ (the Act) was signed into law in 2015. It authorizes the OHA to
establish and maintain a list of HPCCCH that are used in the manufacture of
products for children under the age of 12. They are also required to establish
rules governing what manufacturers must do to comply with the Act. These rules
and implementation processes were established over Phases 1 to 3.

Under the
terms of the Act, an HPCCCH must be reported if it is:

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

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of children’s products that are considered cosmetics, intended for children
under the age of three, or ‘mouthable’ (defined under ORS 431A.253(8)), and
contain an HPCCCH, must remove or substitute it, or have an OHA approved waiver
by January 1, 2022 (or when a manufacturer has made three biennial
notifications to the OHA of children’s products containing HPCCCHs at or above
the de minimis level).

are advised to now check their products conform to the latest regulations being
enforced in the US state of Oregon.

SGS Toy & Juvenile 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 Toy & Juvenile Product Services.

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USA, Issues Temporary Administrative Order to Clarify Reporting Requirements
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Email: crs.media@sgs.com

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