Toxic-Free Kids Act

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.

Requirements for Manufacturers

Is your company required to report children's products?

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 (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.

Per ORS 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. ORS 431A.253(4) defines 'contaminant' for the TFK Act. The de minimis for intentionally-added HPCCCH 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 2017 ) was due January 1, 2018. The second Biennial Notice due date (for products sold or offered for sale in Oregon in 2018 through 2019) is January 1, 2020.

How to Report

Exemption Requests

Manufacturers of children’s products and trade associations may submit a request that products containing one or more HPCCCH as contaminants be exempt from OAR 333-016-2060. These must be submitted before the Biennial Notice due date (January 1, 2020). Exemption requests previously approved by OHA do not need to be submitted again unless the approved processes and procedures change. Before re-submitting, entities with approved Exemption Requests should contact OHA at toxicfreekids.program@state.or.us .

Exemption requests are allowed for HPCCCH present only as contaminants, per OAR 333-016-2070 Exemption from Notice Requirement.

Exemption requests should follow Guidance for Requesting Exemption from Notice Requirements under the Oregon Toxic-Free Kids Act (pdf). Non-refundable fee to submit an Exemption Request and per hour review fee are established by rule: OAR 333-016-2080 - Fees.

Download exemption request form and procedure (pdf) for directions on paying the non-refundable Exemption Request fee, and sending the Exemption Request form (including the required Manufacturing Control Program described in the Guidance above).

Pay $1500 exemption request fee with a credit card online

Why focus on kids?

Of 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 chemicals because:

They are going through critical stages of growth and development;

Their bodies are smaller than adults, so by comparison their exposure level to toxins is higher; and

They do things that can put them at risk, such as babies putting things in their mouth and playing on the floor.

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.

Other agencies that regulate chemicals in children's products

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:

The federal Consumer Product Safety Commission (CPSC)
The federal Food and Drug Administration (FDA)
The federal Environmental Protection Agency (EPA)
The Oregon Department of Environmental Quality (DEQ)
The Oregon Department of Agriculture (ODA)

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.