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Oregon Proposed Phasing Out High Priority Chemicals in Certain Children Products under Toxic Free Kids Act

The Oregon Health Authority has proposed rules to require manufacturers of certain children’s products to remove or substitute High Priority Chemicals of Concern for Children’s Health (HPCCCH) from the products previously reported under the Toxic Free Kids Act and relevant rules (OAR 333-016).

According to the proposal, the rules will target the following children’s products:

  • a)Children’s products intended for children under 3 years old
  • b)Mouthable products
  • c)Children’s cosmetics

If a manufacturer has previously reported his children’s products (which belong to the above-mentioned categories) containing HPCCCH, he shall either:

  • a)Remove the HPCCCH from the children’s products; or
  • b)Substitute the HPCCCH with a less hazardous alternative; or
  • c)Apply for a waiver of the removal or substitution requirements

If a manufacturer chooses to remove the HPCCCH from the product, substitute with another chemical, or is no longer manufacturing such product, shall submit a notice to inform the Authority.

 A manufacturer can be exempted from meeting the HPCCCH removal or substitution requirement if one or more of the following conditions is met, and an exemption request shall be submitted to the Authority:

  • a) The children’s product contains an HPCCCH at a level that is at or below the allowable level as established by the federal Consumer Product Safety Improvement Act (CPSIA), as in effect on 27 July 2015.
  • b)The children’s product complies with a federal consumer product safety standard that establishes allowable levels of an HPCCCH.
  • c)The State of Washington has granted an exemption for the removal or substitution of an HPCCCH in the same children’s product model.
  • d)The product has been tested according to applicable EN 71 standards by an accredited laboratory, and the test result of an HPCCCH is below the limit stated in the standard.

Besides the phasing out of high priority chemicals in children’s products, the Authority proposed the requirement for manufacturers to provide the intended age of products in the biennial notice: 0-3, 3-12, or 0-12 years old.

Note:

“Children’s product” means any of the following products and any component part of them that are made for, marketed for use by or marketed to children under 12 years of age:

  1. A product designed or intended by the manufacturer to facilitate sucking, teething, sleep, relaxation, feeding or drinking
  2. Children’s clothing and footwear
  3. Car seats
  4. Children’s cosmetics
  5. Children’s jewellery
  6. Toys

 It does not mean:

  1. Athletic shoes with cleats or spikes
  2. Batteries
  3. BB guns, pellet guns and air rifles
  4. Bicycles and tricycles
  5. Chemistry sets
  6. Consumer electronic products
  7. Interactive software intended for leisure and entertainment and their storage media
  8. Model rockets
  9. Pocketknives and multitools
  10. Roller skates
  11. Scooters
  12. Sets of darts with metallic points
  13. Slings and catapults
  14. Snow sporting equipment
  15. Sporting equipment and accessories
  16. Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding 24 volts
  17. Food and beverages and food and beverage packaging

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