Do not report children's products sold in Oregon in 2022 just yet!
Products sold in 2022 thru 2023 are to be reported by January 1, 2024 (OAR 333-016-2060). Please read the entire column below.
However, children's products containing HPCCCH at de minimis sold/offered in 2020 through 2021 (2022 Biennial Notice Period) must be reported to the
High Priority Chemical Data System (HPCDS) by January 1, 2022.
Manufacturers who still need to make reports for the 2022 Biennial Notice Period (or 2020 or 2018) should do so as soon as possible for avoid enforcement action.
Key Points
-
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.
- 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.
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.
Reports are due by the January 1st following the end of the Biennial Notice Period (also known as Reporting Period). Below is the reporting schedule, per OAR
333-016-2060(2):
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
1/1/2018 - 12/31/2019 2020
1/1/2020 - 12/31/2021 2022
1/1/2022 - 12/31/2023* 2024 (Available Dec. 2023.)
1/1/2024 - 12/31/2025* 2026 (Available Dec. 2025.)
Etc... Etc...
*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. 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 1st Biennial Notice due date.
Did your company report for a previous Biennial Notice due date?
Per OAR
333-016-2060(8), if a manufacturer has reported a GS1 'brick' (product category) with HPCCCH in a previous biennial notice period, 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) for the biennial notice period for which reporting is being done, the manufacturer may report
only number of items/units in each product category sold or offered in Oregon during that 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 in a previous biennial notice period by searching for it in the
HPCDS.
If you cannot locate your company's report in the HPCDS, email toxicfreekids.program@oha.oregon.gov
2. After finding your company's previous report(s), 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 for the biennial notice period of interest. 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 orBricks 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 the period for which reporting is needed, like "2022." Save the file.
5. Email the Excel file to
ttoxicfreekids.program@oha.oregon.gov.
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. 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 1st 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+?