With less than three months to go before the first biennial reporting deadline, the Oregon Health Authority has opened its reporting portal and issued instructions for reporting under the Oregon Toxic Free Kids Act. The Act requires manufacturers (or importers into the state) 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 de minimis levels or are present as contaminants above 100 parts per million. The first reporting deadline is January 1, 2018, for all covered products sold offered for sale or sold in the state in 2017.
Manufacturers are “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.”
“Children’s products” are:
(A) Any of the following products that are made for, marketed for use by or marketed to children under 12 years of age:
(i) A product designed or intended by the manufacturer to facilitate sucking, teething, sleep, relaxation, feeding or drinking.
(ii) Children’s clothing and footwear.
(iii) Car seats.
(iv) Children’s cosmetics.
(v) Children’s jewelry.
(vi) Toys.
The Act specifically exempts a number of products, ranging from athletic shoes with cleats/spikes to bicycles to scooters.
The reporting form and required information appear to track closely to the Washington Children’s Safe Products Act. Key differences are that:
- Reporting entities must pay a $250 fee for each HPCCCH reported, regardless of how many different products contain that HPCCCH; and
- There is NO exception for inaccessible components.
To report, a manufacturer/importer must first fill out a “Notice Template” identifying:
- Manufacturer/importer
- Product brick
- Component name
- Chemical name and CAS number of each HPCCCH
- Concentration range
- Chemical function
- Target age
- Number of bricks sold in Oregon in 2017; and
- Number of bricks offered for sale in Oregon in 2017.
The Notice Template is a downloadable spreadsheet.
Second, the manufacturer/importer must submit the appropriate fee amount (by check or credit/debit) to the OHA (as noted above, each HPCCCH requires a $250 payment, regardless of how many product bricks contain that HPCCCH).
Finally, the manufacturer/importer must go to the OHA reporting portal to upload and submit the completed Notice Template and payment receipt ID.
