Due Dates and Important Points for the 2026 Reporting Period.

FAQ#

QUESTION

ANSWER

#46

Important Points for the 2026 Reporting Period

Manufacturers of children’s products containing High Priority Chemicals for Children Health (HPCCCH) at de minimis, which are sold or offered for sale in Oregon in 2024 and 2025 (the 2026 Reporting Period), must make those reports on or before January 31, 2026. See Oregon Revised Statute (ORS) 431A.253 for definition of "de minimis" for the TFK Act and its rules.

A change in Oregon law (HB3043) requires manufacturer reporting under the Toxic Free Kids Act to be by 'brand name, product model' (BNPM). This change affects products sold or offered for sale in 2024 and 2025 - the 2026 Reporting Period - and thereafter.

The rules for reporting by BNPM took effect January 1, 2025. See OAR 333-016-2060.

Ten new High Priority Chemicals for Concern for Children's Health (HPCCCH) took effect on January 1, 2025. The new chemicals added on that date are in boldface on the HPCCCH List.

Children's products sold or offered for sale in 2024 and 2025 with components containing those ten new HPCCCHs (or other 73 on the list) at or above de miminis must be reported.

Manufacturers should prepare for reporting by BNPM by determining which component parts/units in their product models contain HPCCCH(s) at or above de minimis. Each of those components in every model/style will need to be reported.

Guidance for reporting by 'brand name, product model' for Oregon's 2026 Reporting Period in compliance with the TFK Act is available in the HPCDS Reporting Guide.

How should I report by "brand name"?
The name of the brand under which the product model is offered for should inserted in the Brand Name field. Unless part of the brand name, do not insert either numbers, like those used for distribution purposes, or abbreviations. Abbreviations should be spelled out.

How should I report by "product model"?

This means the name of the specific model(s) as it is offered for sale. Do not provide only the model number. The Product Model field may include the model's number as long as the name of the product model as it is labeled on the packaging or as seen by shoppers on store shelves or on a website is also provided.

Unless they are part of the name of the model, do not insert abbreviations. These should be spelled out. Do not insert the Brand Name in this field. Instead, insert it in the Brand Name field.

Both fields allows up to 255 characters so there is plenty of space.

See fictional example below for two acceptable entry types for Product Model:

Function Set ID	Brand Name	Product Model	Target Age
126044	Musical Bathtime Toys	Bubbly Bassoon	Under 3
126044	Musical Bathtime Toys	Dunkin' Drum	Under 3
126044	Musical Bathtime Toys	2345 Soapy Symphony	Under 3
126044	Musical Bathtime Toys	2346 Floating Flutes	Under 3

Key point: Those reviewing your company's report in the HPCDS should be able to easily match the entries for both Brand Name and Product Model with what they see in stores or online.

Reporting for the 2024 Reporting Period (products sold/offered in 2022 & 2023) and before is still by product category/GS1 'brick'.

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Reports are to be made to the High Priority Chemicals Data System (HPCDS). See HPCDS Reporting Guide for reporting instructions.

Manufacturers will not likely have all the data necessary to report correctly before January. To understand why and which data is required, we recommend you review FAQs 8,16 and 17 in the Reporting for the Toxic Free Kids Act group of Frequently Asked Questions (FAQs).

If you are to make the third report of a HPCCCH in a subset of children's products affected by Oregon Administrative Rule (OAR) 333-016-3010(1), we recommend you start preparing for the HPCCCH Removal/Substitution Requirementor requests for Waiver and Exemptions from Removal/Substitution now.

Manufacturer may request an Exemption from Notice Requirement supported by a Manufacturing Control Program (MCP) for product in a GS1 product category where the HPCCCH in a product category/HPCCCH combination is a contaminant and found at concentrations above de minimis. This type of exemption is not available for intentionally added HPCCCH. See ORS 431A.253 for definitions of "de minimis," "contaminant" and "intentionally added."

For products affected by OAR 333-016-3010(1), an Exemption from Notice Requirement/(MCP)request may only be made on or before the date on which biennial notices/reports are due for those products' first, second, or third biennial notice/reporting period.

For other children's products containing a HPCCCH as a contaminant, but not affected by OAR 333-016-3010(1), OHA will accept such requests for any biennial notice period. Exemption Requests/MCPs must be received by the Authority on or before the date that biennial notices/reports are due (January 31st) following the two-year biennial notice period for which the Request is being made.

As stated in FAQs #31, and #40 and #39, OHA will accept requests for both types of exemptions; waivers; or substitutions of HPCCCH(s) on or before January 31, 2026.

The Fee Payment & Application Upload Portal is now available to upload documentation to request both types of exemptions; waivers; and substitutions of HPCCCH(s). In addition, the $1500 application fee is paid and the documentation for a request uploaded at this secure website.

IMPORTANT: When paying by credit card, the address entered must be the same as the billing address known to the credit card company. If it is not, the payment will be rejected and your submission will not be accepted by OHA.

Still have questions? Email toxicfreekids.program@odhsoha.oregon.gov

Would you like updates on rule changes and reminders on compliance due dates? Please send your name and company name (if applicable) to:
toxicfreekids.program@odhsoha.oregon.gov

Due Dates and Important Points for the 2026 Reporting Period.