Per ORS 431A.258, manufacturers must provide Biennial Notice to OHA of children's products sold or offered for sale in Oregon that are covered by the Oregon Toxic-Free Kids Act (see ORS 431A.250) and contain High Priority Chemicals of Concern for Children's Health (HPCCCH).
Biennial Notice Reporting Update
Biennial Notices (Reports) that were due January 1, 2018 for products sold or offered for sale in Oregon in 2017 are still being accepted using this HPCCCH Biennial Notice Reporting System; however OHA is not currently accepting product Notices for 2018 or 2019.
New Database Expected End of November 2019
Interstate Chemical Clearinghouse (IC2) is conducting final testing of the High Priority Chemical Data System. The (HPCDS) will allow reporting for multiple states. This includes Washington and Oregon.
- OHA expects HPCDS to be available to receive Biennial Notices for children's products sold of offered for sale in Oregon in 2018 or 2019.
- A link to HPCDS will be available on this webpage.
- HPCCCH in the final product that are intentionally-added at or above practical quantification limits (PQL) must be reported.
- Effective January 1, 2019, OHA added five chemicals to the High Priority Chemicals of Concern for Children's Health (HPCCCH) list. Three chemicals were removed. Manufacturers should review their products carefully to determine if any contain new HPCCCH at or above de minimis (as that term is defined in ORS 431A.253(5)). If this is true, and if the products were sold or offered for sale in Oregon in 2018 or 2019, they must reported for the January 1, 2020 due date.
- The PQL 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.
- A fee of US $250.00 per unique HPCCCH in a manufacturer’s biennial notice must be paid as well.
- These Notices are due January 1, 2020.
- HPCDS is only for reporting and fee payment. The Toxic Free Kids Act is still managed and enforced by OHA.
Did your company report for the January 1, 2018 Biennial Notice due date? Please review data in the Notice Template your company submitted for children’s products sold or offered for sale in Oregon in 2017. If data for Brick for Product, Component Name, Chemical Name with CAS, Chemical Range Category, Chemical Function or Target Age Category has not changed, reporting for the January 1, 2020 due date is not required. If only the number of bricks sold or offered for sale in Oregon has changed from 2017 (and they likely have), see below.
- Per OAR 333-016-2060(4)(e), manufacturers shall report the numbers of bricks sold or offered for sale in Oregon during a Biennial Notice Period. [See Columns H & I of Notice Template.] Reporting for both Column H and is not required. Reporters chose which one to report.
If only the numbers of bricks sold or offered for sale in Oregon in 2018 through 2019 has changed (and it almost certainly has), that information may be sent, without the reporting fee, as follows:
- Email the Notice Template sent for the January 1, 2018 due date to email@example.com. Make sure Columns H or I is updated with the number of bricks sold or offered for sale in Oregon from 2018 through 2019.The name and contact information of the person responsible for the information should be included.
- If data for Brick for Product, Component Name, Chemical Name with CAS, Chemical Range Category, Chemical Function or Target Age Category has changed for children’s products sold or offered for sale in Oregon in 2018 and 2019, products, or if your company put new product categories (GS1 Brick Level) on the Oregon market, submitting this information for the January 1, 2020 due date and payment of the fee is required. This should be done through the HPCDS when it becomes available
Frequently Asked Questions Have more questions? Email firstname.lastname@example.org