Amendments To Oregon’s Toxic-Free Kids Act Proposed

The Oregon Health Authority (OHA) has released a
Temporary Administrative Order (TAO) and announced a Notice of Proposed
Permanent Rulemaking (NPPR) in relation to the state’s Toxic-Free Kids Act.

Issued in August 2021, TAO PH 40-2021 clarifies that
reporting of an HPCCCH – High Priority Chemicals of Concern for Children’s
Health – is for each component part/unit of a children’s product and not the
whole/entire product. It also states that reporting should be made on the highest
concentration when there are multiple concentrations for a given unit in a
particular product category.

The NPPR – ‘Toxic-Free Kids Rule Revision to clarify
Reporting and Revise Reportable Chemical List’ – has been made available on the
OHA website. It contains several important amendments, including:

• Making TAO PH 40-2021
  permanent – applicable to biennial notifications due on January 1, 2022, for
  products sold or offered for sale in the state in 2020 and 2021
• Adding five chemicals
  to the state’s HPCCCH list (from the Washington State Department of Ecology’s
  Reporting List of Chemicals of High Concern to Children (CHCC)):
  • Bisphenol F (BPF, CAS 620-92-8)
  • Chlorinated paraffins (CAS 108171-26-2)
  • Dicyclohexyl phthalate (DCHP, CAS 84-61-7)
  • Diisobutyl phthalate (DIBP, CAS 84-69-5)
  • Ethylhexyl diphenyl phosphate (EHDPP, CAS 1241-94-7)
  • (Applicable to biennial
    notifications due on January 1, 2024, for products that are sold or offered for
    sale in 2022 and 2023)
• Amending the entry
  for 4-nonylphenol to become 4-NP and its isomeric mixtures including CAS
  84852-15-3 and CAS 25154-52-3
• Simplifying the entry
  for ‘Mercury (7439-97-6) & mercury compounds including methylmercury’ to
  become ‘Mercury & mercury compounds’
• Providing Practical Quantification
  Limits (PQLs) and methods for the proposed five HPCCCH and amending the PQLs
  for 27 HPCCCH that were already on the list

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Oregon’s Toxic-Free Kids Act was signed into law in
2015. It authorizes the OHA to establish and maintain an HPCCCH list and relates
to products manufactured for children under 12 years of age.

Under the terms of the act, HPCCCH must be reported if
they are:

• Intentionally added
  and 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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However, there is a requirement to remove the HPCCCH
and replace with a less hazardous alternative, or have a waiver approved by the
OHA by January 1, 2022 (or when a manufacturer has made three biennial
notifications to the OHA of children’s products containing HPCCCH at or above
the de minimis level), if the children’s product is classified as one of the
following:

• Cosmetic
• Intended for children
  under the age of three
• ‘Mouthable’ as
  defined under ORS 431A.253(8)

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Stakeholders are advised to check their products
conform to the latest provisions under the Toxic-Free Kids Act.

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