Oregon Phase 3 of Toxic Free Kids Act Effective

Apr. 22 2021

Oregon’s Toxic Free Kids Act requires manufacturers of children’s products sold in Oregon to report products that contain one or more high priority chemicals of concern for children health (HPCCCH), and ultimately under phase 3 of this act remove these chemicals or seek a waiver.

Oregon Regulation 44756 - Toxic Free Kids Act - Phase 3 Rulemaking amends the rules which requires manufacturers of children's products to disclose HPCCCH used in children’s products.

The rules include the following:
• Detailed requirements for manufacturers of three specific categories of children's products
o those for children under three years-old;
o "mouthable" items; and
o children's cosmetics
to remove HPCCCH from product models in these categories or substitute HPCCCH with an alternative to make the product less hazardous or have a waiver approved by the Authority.
• Established rules so that manufacturers may comply with their obligations under the law by January 1, 2022.
• Established rules for manufacturers to apply for exemptions from removal or substitution requirements.
• Modify previously established rules to clarify them, including harmonizing spelling of HPCCCHs (AKA Chemicals of High Concern to Children) with that of counterparts on State of Washington's Children's Safe Product Act list. Phase 3 did not add or remove any HPCCCHs.
• Clarifies the reporting requirements when trade associations report on behalf of members.

To view link to Toxic Kids Act – Phase 3 Rulemaking:
https://secure.sos.state.or.us/oard/viewReceiptPDF.action?filingRsn=46994

To view link to Oregon’s phase 3:
https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/HEALTHYNEIGHBORHOODS/TOXICSUBSTANCES/Pages/Toxic-Free-Rules.aspx#phase3

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