Manufacturer Reporting of Chemicals in Children's Products
Manufacturers should not report products sold or offered for sale in 2022 through 2023 just yet!
The 2024 Reporting Period (for products sold or offered in Oregon in 2022 thru 2023) will 'open' in the HPCDS on December 15th. Please read FAQ #46 and the entire column below, particularly Key Point #8. Read Key Point#7 below if your company still needs to report for 2017-2021.
Reports for the 2024 Reporting Period must be made on or before the January 31*, 2024 due date.
*To implement provisions of the 2023 Toxic Free Kids Modernization Act (HB 3043),
OHA is conducting rulemaking through December 2023. HB 3043 changes the
due date for biennial notices/reports from January 1st to January 31st
of even-numbered years following the two-year biennial notice period.
Rule changes will go into effect on January 1, 2024. See updates for
this rulemaking in the Phase 4 section a the bottom of the Rules and Implementation page.
1. All "children's products" as defined in ORS
431A,253(3)(a) 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,
regardless of location in a product, must be reported. See
Clarification 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. For purposes of the TFK Act, 'intentionally-added' & 'contaminant' are defined in ORS
7. Still need to report products sold/offered in Oregon in 2017-2021+?
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. Report using the
as soon as possible. You must register first. See the HPCDS User Guide
for assistance. Below is the reporting schedule:
For products sold/offered Select this Notice
for sale in Oregon in: dropdown in the HPCDS:
1/1/2017 - 12/31/2017 2018 (due 1/1/2018)
1/1/2018 - 12/31/2019 2020 (due 1/1/2020)
1/1/2020 - 12/31/2021 2022 (due 1/1/2022)
1/1/2022 - 12/31/2023 2024 (due 1/31/2023) Available 12/23
1/1/2024 - 12/31/2025 2026 (due 1/31/2026) Available 12/25
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. 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.
, the number of items/units in reported GS1 'bricks' AKA 'product categories' either sold
offered for sale in Oregon during the Biennial Reporting Period must be reported, Manufacturers have a choice of reporting 'sold' or 'offered for sale.
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).
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
Still need to report products sold/offered in Oregon in 2017-2021+?