Biennial Notice Reporting Update - November 2020
Under Washington's CSPA, manufacturers report
children's products sold or offered for sale in 2020 by January 31, 2021 using the High Priority Chemical Data System (HPCDS).
However, products sold or offered for sale in Oregon in 2020 should not be reported...yet! Why?
This is because the number of units of items in reported 'product categories' sold or offered for sale in Oregon during the Biennial Reporting Period (2020 thru 2021) must be reported. That information is unlikely to be available until late 2021. Manufacturers will use the HPCDS to report children's products sold or offered for sale in Oregon in 2020 thru 2021...in January 2022!
However, manufacturers who still need to report for the 2018 Reporting Period (products sold/offered in Oregon in 2017) or the 2020 Reporting Period (those sold/offered in 2018 thru 2019) should do so now using HPCDS to avoid enforcement action.
If your company reported for the 2018 Biennial Notice due date, please see below.
- HPCCCH in the final product that are at or above de minimis must be reported.
- The 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.
- 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 using HPCDS.
- A fee of US $250.00 per unique HPCCCH in a manufacturer’s biennial notice(s) must be paid as well.
- 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.
Per OAR 333-016-2060(6), 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 through HPCDS for the January 1, 2020 due date is not required. However, OHA still needs the following information from manufacturers.
If the only change for a previously reported brick with a HPCCCH is the number of items sold or offered for that brick (columns H or I in the reporting template), then the updated information for H or I may be provided to OHA without payment of the reporting fee. [Remember, reporting for both Column H and I is not required. Reporters chose which one to report.]
If only the number 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 Column 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.
However, 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 or if your company put new product categories (GS1 Brick Level) on the Oregon market, a new biennial notice for the January 1, 2020 due date must be made, and payment of the US$250 fee per unique HPCCCH required. This should be done through the HPCDS
Frequently Asked Questions
A User Guide & FAQ for HPCDS may be found on the HPCDS website above.
Have questions about the use of the HPCDS? Email firstname.lastname@example.org
Have questions about reporting for Oregon? Email email@example.com
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, 2020, if the product is sold or offered for sale in Oregon in 2018 or 2019. If your company reported for the 2018 due date, see above.