Search Reports Made in Compliance with Oregon's Toxic Free Kids Act
Starting in 2026, Reporting is by 'Brand Name, Product Model'
The 2026 Reporting Period (for products sold or offered in Oregon in 2024 thru 2025) is open. If your company sold or offered children's products with HPCCCH in Oregon in 2024 and 2025, you should report now.
Read Key Point#7 below if your company still needs to report for products sold or offered in 2018-2023.
To report, select the second-bullet (Report on Chemicals in Products) at the HPCDS main site. Use HPCDS Reporting Guide.
Did your company report annual worldwide gross sales of less than $5 million on its last tax return? You may be exempt from the TFK Act. Read FAQ #6.
Key Points:
1. All "children's products" as defined in ORS
431A,253(3)(a), with a compontent(s) containing HPCCCH(s) at or above de minimis, are to be reported if sold or offered for sale in Oregon. "De minimis" is describe below in Key Point #4 below.
Please include picture(s) of the product and the packaging.
3. All HPCCCHs at or above de minimis in a component,
regardless of the component's location in a product, must be reported.
See column to the right >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
4. 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 per component. For purposes of the TFK Act, 'de minimis,' 'intentionally added' & 'contaminant' are defined in ORS
431A.253.
7. Still need to report products sold/offered in Oregon in 2018-2025+?
To avoid enforcement action by OHA, manufacturers should report children's products with HPCCCH's at or above de minimis that were sold or offered for sale in recent years if they haven't done so. Read Important Points for the 2026 Reporting Period and Reporting for the Toxic Free Kids Act.
Report using the
HPCDS as soon as possible. You must register first. Below is the reporting schedule
:
For products sold/offered Select this Notice
Period from
for sale in Oregon in: dropdown in the HPCDS:
1/1/2018 - 12/31/2019 2022 (due 1/1/2020)
1/1/2020 - 12/31/2021 2022 (due 1/1/2022)
1/1/2022 - 12/31/2023 2024 (due 1/31/2024)
1/1/2024 - 12/31/2025 2026 (due 1/31/2026)
1/1/2026 - 12/31/2027 2028 (due 1/31/2028)
Etc... Etc...
8. Because most manufacturers will not know the total number of units/items sold in the notice period, reporting should not be done until period's second December or the following January just before the January 31st due date.
See Are you a vendor for products sold or offered in Oregon? below about tracking the number of items/units sold or offered during the two-year period.
Per OAR
333-016-2060, the number of items/units in reported GS1 'bricks' AKA 'product categories' either sold
or offered for sale in Oregon during the Biennial Reporting Period must be reported, Manufacturers have a choice of reporting 'sold' or 'offered for sale. See FAQs
#16-17 for details.
Are you a vendor for products sold or offered in Oregon? As discussed above, reports must include the number of items/units sold or offered for sale. If your company is required by contract to report on behalf of retailers or distributors, OHA recommends you ask them to track the number of items/units sold/offered in their Oregon locations during the biennial notice period. They should send that information to you in the December* before the January 31st Biennial Notice due date.
Frequently Asked Questions
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. To understand who OHA sees as primarily responsible for a complete and accurate Biennial Notice, see OAR
333-016-2060(12) and (13).
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 and When
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 31st following the biennial notice period during which the product is sold or offered for sale in Oregon. To determine if your company still needs to report, see the table of reporting periods and due dates
under
Still need to report products sold/offered in Oregon in 2017-2023+?