Search Reports Made for TFK Act & Manufacturer Reporting

Search the High Priority Chemicals Data System (HPCDS)

Find categories of children's products ('bricks') reported as containing High Priority Chemicals of Concern for Children's Health (HPCCCH). Use the HPCDS Search Guide.

Review Frequently Asked Questions (FAQ) on Searching Children’s Product Reports Made Under Oregon’s Toxic Free Kids Act

Are You a Manufacturer Needing to Report HPCCCHs in Children's Products?

The 2024 Reporting Period (for products sold or offered in Oregon in 2022 thru 2023) is open. Please read FAQ #46 and the entire column below, particularly Key Point #8. Read Key Point#7 below if your company still needs to report for 2017-2021.

**To report, select the second-bullet (Report on Chemicals in Products) at the HPCDS main site. Use HPCDS Reporting Guide**.

Key Points:

1. All "children's products" as defined in ORS 431A,253(3)(a) containing HPCCCH(s) at or above de minimis are to be reported if sold or offered for sale in Oregon. "De minimis" is describe below in Key Point #4 below.

2. Manufacturers, if unsure whether or not their product is included in ORS 431A.253(3)(a), should email toxicfreekids.program@odhsoha.oregon.gov.

Please include picture(s) of the product and the packaging.

3. All HPCCCHs at or above de minimis, regardless of location in a product, must be reported. See Clarification column to the right >>>

4. De minimis levels for intentionally-added HPCCCH vary. Those levels are in OAR 333-016-2035 Exhibit A. The de minimis level for all HPCCCH found as contaminants is at or above a concentration of 100 parts per million. For purposes of the TFK Act, 'intentionally-added' & 'contaminant' are defined in ORS 431A.253.

5. Five HPCCCH were added to the HPCCCH List on January 1, 2022. Children's products that contain them at de minimis must be reported for the 2024 Biennial Notice Period and beyond.

6. A fee of US $250.00 per unique HPCCCH in a manufacturer’s biennial notice(s) must be paid as well.

7. Still need to report products sold/offered in Oregon in 2017-2021+?

To avoid enforcement action by OHA, manufacturers should report children's products with HPCCCH's at or above de minimis that were sold or offered for sale in recent years if they haven't done so. Report using the HPCDS as soon as possible. You must register first. Below is the reporting schedule:

For products sold/offered Select this Notice Period from

for sale in Oregon in: dropdown in the HPCDS:

1/1/2017 - 12/31/2017 2018 (due 1/1/2018)

1/1/2018 - 12/31/2019 2020 (due 1/1/2020)

1/1/2020 - 12/31/2021 2022 (due 1/1/2022)
1/1/2022 - 12/31/2023 2024 (due 1/31/2023) Available 12/23

1/1/2024 - 12/31/2025 2026 (due 1/31/2026) Available 12/25 Etc... Etc...

8. Because most manufacturers will not know the total number of units/items sold in the notice period, reporting should not be done until period's second December or the following January. See Are you a vendor for products sold or offered in Oregon? below about tracking the number of items/units sold or offered during the two-year period.

Per OAR 333-016-2060, the number of items/units in reported GS1 'bricks' AKA 'product categories' either sold or offered for sale in Oregon during the Biennial Reporting Period must be reported, Manufacturers have a choice of reporting 'sold' or 'offered for sale.

Are you a vendor for products sold or offered in Oregon? As discussed above, reports must include the number of items/units sold or offered for sale. If your company is required by contract to report on behalf of retailers or distributors, OHA recommends you ask them to track the number of items/units sold/offered in their Oregon locations during the biennial notice period. They should send that information to you in the December^* before the January 31st Biennial Notice due date.

Have you reported certain children's products with HPCCCHs? Read here about HPCCCH removal, substitution and other options that some manufacturers must take about HPCCCH removal, substitution and other options that some manufacturers must take before January 1, 2022 to sell such products In Oregon in 2022 and beyond.

See Frequently Asked Questions on Complying with the Biennial Notice Requirement/Reporting for the Toxic Free Kids Act.

Have questions about the use of the HPCDS? Email hpcds@theic2.org.
Have questions about reporting for Oregon? Email toxicfreekids.program@odhsoha.oregon.gov

Frequently Asked Questions

Who Must Report

Manufacturers are defined by ORS 431A.253 as "...any person that produces a children’s product or an importer or domestic distributor of a children’s product. For [reporting purposes], “importer” means the owner of the children’s product."

Companies that physically produce a children's product, distributors bringing it to Oregon (if applicable), and retailers who sell it in the state, should communicate with each other to determine who among them is to provide a Biennial Notice for the product in question and pay the fee. To understand who OHA sees as primarily responsible for a complete and accurate Biennial Notice, see OAR 333-016-2060(12) and (13).

Per ORS 431A.268 manufacturers of children’s products with annual worldwide gross sales of less than $5 million on their most recent tax returns, are exempt from having to provide Biennial Notices. (Consult a tax professional to determine the specific status of your company.)

What Must Be Reported and When

A Biennial Notice for a children's product, as defined by ORS 431A.253, must be provided using the IC2 High Priority Chemical Data System (HPCDS) by January 31st following the biennial notice period during which the product is sold or offered for sale in Oregon. To determine if your company still needs to report, see the table of reporting periods and due dates under Still need to report products sold/offered in Oregon in 2017-2021+?

Clarification of Reporting Requirements

On January 1, 2022, a rule amending OAR 333-016-2060Notification Requirements was made permanent. [This makes permanent the temporary rule issued for OAR 333-016-2060 on August 26, 2021. No changes were made to the temporary rule.]”

For purposes of this rule, the calculation of a HPCCCH's concentration in a given unit/component part within each product category (GS1 'brick') is the HPCCCH's proportion of the mass of a sample of that unit/component part, expressed as parts per million (ppm). For given unit/component parts in a particular product category, which contain multiple concentrations of a HPCCCH, the manufacturer must use the highest concentration for the purposes of a biennial notice.

This clarification affects notifications for the 2022 Biennial Notice/Reporting Period and after.

If a HPCCCH's concentration is at or above de minimis in any unit/component part of a children's product, as determined by the above method, it should be reported using the IC2 High Priority Chemical Data System (HPCDS).

IMPORTANT:

1) This change aligns the method for calculating ppm for TFK with that used for reporting under Washington State's Children's Safe Products Act. [See WAC 173-334-080(2)(e)).

2) However, the Oregon's Toxic Free Kids Act's definition of 'children's product' (ORS 431A,253(2)) includes any "component part of the product" regardless of its location.

Has your company reported children's products containing HPCCCH(s) in past, but removed or substituted the HPCCCHs?

If your company previously reported children's products, but removed or substituted the HPCCCHs from specific models, you are required to report that information to OHA per OAR 333-016-2060(14).

toxicfreekids.program@odhsoha.oregon.gov

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