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The Toxic-Free Kids Act was passed during the 2015 legislative session. This law requires manufacturers of children's products sold in Oregon to report products containing one or more
High Priority Chemicals of Concern for Children's Health (HPCCCH) if found at or above specific levels in those products. Ultimately, manufacturers are to remove these chemicals from certain products or seek a waiver. Products that fall under this law are those that are marketed to or intended for children.
The Oregon Health Authority's Toxic-Free Kids program is responsible for implementing this law. Our goal is to reduce children’s exposure to chemicals of concern and improve our understanding of how children are exposed to these chemicals.
Contact UsFrequently Asked QuestionsRules and ImplementationToxicFree Kids Act – Phase 3 Rulemaking
Per Oregon Revised Statute (ORS) 431A.258, manufacturers must provide Biennial Notices (reports) to OHA of children's products sold or offered for sale in Oregon that are covered by the
Oregon Toxic-Free Kids Act (TFK Act) and contain
High Priority Chemical(s) of Concern for Children’s Health (HPCCCH) in the final product that are at or above de minimis.
431A.253(5)(a) and (b), de minimis levels for
all HPCCCH found as contaminants is at or above a concentration of 100 parts per million. [Reporting under the TFK Act is not required for products containing HPCCCH below 100 ppm). ORS
431A.253(4) defines 'contaminant' for the TFK Act. The de minimis for
is the practical quantification limits (PQL). The PQLs for intentionally-added HPCCCH vary and may be found in
OAR 333-016-2035 Exhibit A.
A fee of US $250.00 per unique HPCCCH in a manufacturer’s biennial notice must be paid as well. The first biennial notice (for products sold or offered for sale in Oregon in 2017) was due January 1, 2018. The second due date for such products sold or offered for sale in 2018 through 2019 was January 1, 2020. And the third, products sold or offered for sale in 2020 through 2021, was January 1, 2022
***Sold or offered for sale products with HPCCCH in 2017 through 2021, but haven't yet reported?
You should report now to avoid enforcement action by OHA.***
How to Report
Has your company reported children's products containing HPCCCH(s) in past, but removed or substituted the HPCCCHs?
Within 180 days of the HPCCCH's removal or substitution, such children's product must be reported per OAR 333-0160-2060(14),
reporting form and instructions. This reporting helps OHA avoid unnecessary enforcement actions.
For the 2024 Biennial Notice Period (i.e. children's products with HPCCCH(s) sold or offered for sale in Oregon in 2022 through 2023), manufacturers of children’s products and trade associations may submit a request to be exempt from reporting (Notice Requirement) per
333-016-2060. This exemption is only available for children's products with
HPCCCH as 'contaminants' (per ORS
431A.253(4)) at concentrations at or above 100 parts per million (ppm).
333-016-3010 requires manufacturers that have made three Biennial Notices to remove or substitute HPCCCH(s) that are present at or above de minimis in children's products that are:
Products specified in OAR
333-016-3010 that contain a HPCCCH at or above de minimis may no longer be sold or offered for sale in Oregon after their product categories (GS1'bricks') have been reported in three Biennial Notices unless requests for chemical substitution (OAR
333-016-3020); a waiver (discussed below); or exemption from removal/substitution (discussed below)are made on or before the end of the
third Biennial Notice Period for a HPCCCH/product category combination.
Manufacturers may make one or more of the following requests for products in the OAR
333-016-3010 subset. OHA must receive completed requests before the end of the
third Biennial Notice Period for a HPCCCH/product category combination:
If approved, HPCCCH/product categories listed in the request would not need to be reported again. In addition, HPCCCH in products in the OAR
333-016-3010 subset would
not be subject to removal or substitution requirements after the third Biennial Notice Period. See details in
Requesting Exemption from Notice Requirement (MCP).
None of these requests are available for the 2022 Biennial Notice Period. If you wish to learn more about these options for 2024, please contact OHA at
Manufacturers that have made at least one Biennial Notice for HPCCCH(s) for products identified by OAR
333-016-3010(1), which meet one or more of the criteria below, must report specific product models belonging to the GS1 'brick' in the Biennial Notice to OHA as soon as possible per OAR
The criteria includes those products that:
reporting form and instructions.
333-016-3010(4) should be reviewed as well.
Other Key Points:
the thousands of chemicals present in our environment, some have toxic
effects that are harmful to human health, in particular to children.
Children are more vulnerable than adults to permanent injury from toxic
Harm or injury from toxic chemicals can permanently alter a child’s lifelong development and health.
The presence of these chemicals in a product does not necessarily
mean the product will harm a child's health, or that there is any
violation of existing safety standards or laws. In order for a child’s
health to be harmed by a toxic chemical, that chemical must somehow get
out of the product and into their body.
There is a lot we don't know about how people may be exposed to
chemicals based on how they use a product, or how the product degrades
over time. Information gathered from manufacturers as part of this
program will improve our understanding, and help OHA answer questions
about children’s exposure to these chemicals.
The Toxic-Free Kids program is the only Public Health Division program that regulates chemicals in consumer products.
Other state and federal agencies that play a role in chemical regulation and consumer products include:
Each of these agencies regulate chemicals in different types of
consumer products ranging from toys to food to pesticides. The scope of
Oregon’s Toxic-Free Kids program is limited to children’s products,
excluding products like food, food packaging and pharmaceuticals that
are already regulated by other state and federal agencies.
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