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Reporting for the Toxic Free Kids Act





Biennial Notices (reports) for children's products with HPCCCH must be made to the High Priority Chemical Data System (HPCDS) by January 1, 2022 (OAR 333-016-2060)

Key Points

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

  • 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.


  • 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 (2020 thru 2021) must be reported, Manufacturers have a choice of reporting  'sold' or 'offered for sale.

Have you reported certain children's products with HPCCCHs? Read here about HPCCCH removal, subsitution and other options that some manufacturers must take before January 1, 2022 to sell such products In Oregon in 2022 and beyond. [See "Manufacturers may have to remove or substitute" column.] 

Still need to report products sold/offered in Oregon in 2017-2019?
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.

        For products sold/offered                 Select this Reporting Period
        for sale in Oregon in:                        from the dropdown in the HPCDS

         1/1/2017 - 12/31/2017                     2018
         1/1/2018 - 12/31/2019                     2020
         1/1/2020 - 12/31/2021                     2022
         1/1/2022 - 12/31/2023*                    2024

*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.

A User Guide & FAQ for HPCDS may be found on the HPCDS website above. 

Have questions about the use of the HPCDS? Email hpcds@theic2.org

Have questions about reporting for Oregon? Email toxicfreekids.program@state.or.us

Did your company report for the January 1, 2020 due date?

Per OAR 333-016-2060(8), if a manufacturer has previously reported a GS1 'brick' (product category) with HPCCCH, and only the number of items/units in the GS1 'brick' sold or offered for sale in Oregon have changed (as they almost certainly will), the manufacturer may report only number of items/units in each product category which have been sold or offered in the Reporting Period.

The payment of US$250 fee per unique HPCCCH is not required.

To do this, the manufacturer should do the following:

1. Find the report your company made for the 2020 Biennial Notice Period (products sold or offered for sale in Oregon in 2018 thru 2019) by searching for it in the HPCDS. [If you cannot locate your company's report in the HPCDS, email toxicfreekids.program@state.or.us.]

2. After finding your company's report(s) made for 2020, click on any of the "filter=-funnel" icons that are to the right of each column heading displayed on your screen. This will reveal four choices. [For additional help, see page 65 of the HPCDS User Guide PDF.]  Putting your curser over the Columns choice reveals all possible data columns. In addition to columns already selected, click the boxes next to the following:

  • Target Age
  • Period
  • Either Bricks Sold in Oregon OR Bricks Offered for Sale in Oregon. Of these two, select only the one that will be reported on in 2022. One must be selected, but the choice is the reporter's (OAR 333-016-2060(5)(f))

3. Now click the Export to Excel button on the left-side of the screen (above the Company column) and save the Excel spreadsheet file. Your saved file should have all the data columns selected by default plus the three above.

4. Open the file back up and change the number in the column selected (either Bricks Sold in Oregon or Bricks Offered for Sale to accurately reflect number of units/items for each GS1 'brick' that was sold/offered in Oregon in 2020 through 2021. Ensure that the year in Period is changed to "2022," as well. Save the file.

5. Email the Excel file to toxicfreekids.program@state.or.us. In the email's Subject Line, write 2022 and the name of the manufacturer. The name, email address, and direct phone number of the person responsible for the information should be included in the body of the email.

    However, if previously-reported data for Brick for Product, Component Name, Chemical Name with CAS, Chemical Range Category, Chemical Function or Target Age Category has changed for any children’s products sold or offered for sale in Oregon in 2020 and 2021, or if your company put products in new product categories (GS1 Brick Level) on the Oregon market, a new biennial notice(s) for the January 1, 2022 due date must be made using HPCDS and along with payment of the US$250 fee per unique HPCCCH reported.

    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.

    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

    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 1, 2022, if the product is sold or offered for sale in Oregon in 2020 or 2021. If your company reported for the 2020 due date, see above.

    Clarification of Reporting Requirements

    On January 1, 2022, a rule amending OAR 333-016-2060 Notification 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 January 1, 2022 Biennial Notice/Reporting Period and after. 

    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.

    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). 

    Contact Us

    toxicfreekids.program@state.or.us


    Stay Informed

    Would you like occasional email updates and announcements from the TFK Program?

    Email your name and company name (if applicable) to: toxicfreekids.program@state.or.us



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