Do HPCCCHs need to be removed from certain children's products?
By January 1, 2022, Oregon Administrative Rule (OAR) 333-016-3010 requires manufacturers that have made three Biennial Notices to remove or substitute HPCCCH(s) present at or above de minimis in children's products that are:
- “Mouthable" per ORS 431A.253;
- A children's cosmetic; or
- Made for, marketed for use by or marketed to children under three years of age.
Manufacturers intending to substitute a HPCCCH must comply with OAR 333-016-3020. Manufacturers that have made at least one Biennial Notice and removes the HPCCCH from the product, or is no longer selling the product in Oregon must follow OAR 333-016-3010(3) through (6).
Products containing a HPCCCH at or above de minimis may no longer be sold or offered for sale in Oregon after being reported in three Biennial Notices unless OHA's approves a waiver or exemption request for such products.
Alternatively, manufacturers of children's products listed above may do one or both of the following:
- Submit to OHA a request to be exempt from the removal or substitution requirements. Manufacturers who've determined their products meet one or more of the categories in OAR
333-016-3015(2) must request exemption on or before January 1, 2022.
Other Key Points:
- OHA will accept waiver applications and exemption requests per OAR 333-016-3015 starting October 1, 2021.
- A manufacturer with 25 or fewer employees may apply for a two-year extension to meet the "removal or substitution" requirements. This application, per 333-016-3010(2), must be received by OHA before January 1, 2022.
- Children's products that don't fit criteria in OAR 333-016-3010(1) are not affected by its "removal or substitution requirements," but must continue to be reported per OAR 333-016-2060 as long as they contain HPCCCHs at or above de minimis or unless OHA has approved an Exemption from Reporting for them per OAR 333-016-2070.
- OHA will release additional guidance documents as well as instructions for the submission of requests in the coming months.
- Would you like updates on rule changes and reminders on compliance due dates? Please send your name and company name (if applicable) to: email@example.com.