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#47
How does the TFK Act apply to children's products made with recycled materials?
To ensure they’re in compliance with the TFK Act, manufacturers are responsible for knowing the concentrations of High Priority Chemicals of Concern for Children’s Health (HPCCCH) in all components of their children’s products sold or offered for sale in Oregon. HPCCCHs in the components of children’s products made from recycled materials meet the Act’s definition of contaminant (see ORS 431A.253).
However, an inherent issue with HPCCCHs in feedstock made from recycled materials is that the concentration(s) of HPCCCH(s) vary.
Under the TFK Act, there are three options for children's products made from recycled materials:
a) The manufacturer can set up a program for ongoing testing of batches of feedstock used in the manufacture of children’s products to ensure the concentration of an HPCCCH(s) in a component of that children’s product isn’t at a 100 ppm or above. [Manufacturers tell OHA they discard feedstock batches that test at 100 ppm or more.]
This option may reduce the likelihood that a components in a children's product made with recycled materials does not exceed 100 ppm - de minimis for HPCCCHs as contaminants per ORS 431A.253. However, manufacturers are responsible for ensuring concentrations of HPCCCH in product components of each children's product manufactured from recycled feedstock don't exceed 100ppm or higher
b) If the manufacturer determines that the concentration could be 100 ppm+ in children’s products produced with the feedstock, it can report that product under the TFK Act. This ensures that items placed on the market are in complicance with the product reporting provision of the TFK Act (ORS 431A.258). For more on this reporting obligation, please see FAQs on Reporting for the Toxic Free Kids Act. The FAQs provided information on how and when reporting is to be done.
IMPORTANT: After three reports (six years) of a children’s product affected by OAR 333-016-3010(1), the HPCCCH must be removed from the product; replaced with a substitute approved by OHA; or the product may no longer be sold in Oregon. See FAQs on the HPCCCH Removal/Substitution Requirement. Two alternatives to these options for products affected by OAR333-016-3010(1): On or before the due date of the report (January 31st) of the third reporting period for a HPCCCH & product, the manufacturer may apply for a Waiver or Exemptions from Removal/Substitution.
c) On or before the due date (January 31st) of a report of a children’s product affected by OAR 333-016-3010(1) where the HPCCCH(s) is found as a contaminant, the manufacturer may apply for an Exemption from Reporting (Notice Requirement) with an MCP. An MCP for children's products with components made from recycled materials must explain how varying concentrations of HPCCCH(s) in those materials are controlled.
#48
The system won't let me use a credit card. How can I pay the fee?
A few manufacturers who are reporting from outside the United States have found they cannot access the secure payment platform used by the State of Oregon after data entry to the HPCDS is completed.
This may be due to geofencing of the IP address. It is random and is certainly beyond OHA's control. Payment of the fees is mandatory, per OAR 333-016-2060; OAR 333-016-2080.
Fortunately, overseas manufacturers to whom this has occurred have successfully paid the fees by doing one of the following:
1) Choose the HPCDS' Submit Payment by Check option for Step. 3 Payment. Follow the steps on pp. 61-62 of the HPCDS Reporting Guide. Ensure the check is a cashier's check made out in U.S. funds to State of Oregon. OHA strongly suggests using the express delivery to ensure the check is received by OHA. Send the package's tracking number and estimated date of delivery to TFK at toxicfreekids.program@odhsoha.oregon.gov. Although delivery of the check is the manufacturer's responsibility, TFK will ask the Cashier's Office to look out for the delivery.
2) Asked a US-based colleague to complete credit card payment. After data entry is completed in the HPCHDS, overseas manufacturers have had colleagues in the US (or in another location) submit the report and pay the fee. To make this efficient for both parties, please contact the HPCCDS Administrator (hpcds@theic2.org) and request their assistance. Please CC: toxicfreekids.program@odhsoha.oregon.gov.
#49
Must all private label or white label versions of a product be reported?
Yes, if you're a manufacturer and your product model(s) is sold in Oregon under retailers' private label or white label, you must provide all combinations of brand names and product model names sold in Oregon.
Only one report of a particular children's product is required, but in the all versions (i.e., brand name/product model name combinations) of that product sold must been entered as they're seen by those shopping in stores or online.
EXAMPLE: A spoon intended for use by toddlers is manufactured by ACME Toddler Care Co. and belongs to the 10006801 Baby/Infant Cutlerly (Non Disposable) brick. If that spoon is sold by retailers as Little Chompers model under the Messy Time brand name AND sold in the Oregon locations of Siscoe's Stores as baby spoon under the Siscoe's Select brand name, the report would look like this:
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