Requirements for Manufacturers
Is your company required to report children's products?
Per Oregon Revised Statute (ORS) 431A.258, manufacturers must provide Biennial Notices (reports) 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.
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. [Reporting under the TFK Act is not required for products
containing HPCCCH below 100 ppm).] ORS
431A.253(4) defines 'contaminant' for the TFK Act. The de minimis for
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 Oregon in 2017) was due January 1, 2018. The second due date for such products sold or offered for sale in 2018 through 2019 was January 1, 2020. And the third, products sold or offered for sale in 2020 through 2021, was January 1, 2022
***Sold or offered for sale products with HPCCCH in 2017 through 2021, but haven't yet reported?
You should report now to avoid enforcement action by OHA.***
How to Report
See Frequently Asked Questions on Complying with the Biennial Notice Requirement/Reporting for the Toxic Free Kids Act and Due Dates and Important Points for the 2024 Reporting Period.
Have you removed HPCCCH(s) from children's products previously reported to OHA?
If your company has provided OHA notice of children's products containing HPCCCH(s), but the HPCCCH(s) has been removed, this change must be reported to OHA per OAR 333-0160-2060(14). This must be done within 180 days of the change.
Requesting Exemption from Notice Requirement (MCP)
For the 2024 Biennial Notice Period (i.e. children's products with HPCCCH(s) sold or offered for sale in Oregon in 2022 through 2023), manufacturers of children’s products and trade associations may submit a request to be exempt from reporting (Notice Requirement) per
333-016-2060. This exemption is only available for children's products with
HPCCCH as 'contaminants' (per ORS
431A.253(4)) at concentrations at or above 100 parts per million (ppm).
- Exemption requests must be accompanied by a Manufacturing Control Program (MCP) as defined in OAR 333-16-2010.
not available for an 'intentionally added chemical' per
- Exemption requests-MCPs must be submitted for products sold or offered for sale in Oregon in 2022 through 2023 on or before the next Biennial Notice due date: January 31, 2024.
Manufacturers interested in requesting an
Exemption from Notice Requirement for the
2024 Biennial Notice Period (i.e., sold or offered for sale in Oregon in 2022 through 2023) should contact OHA at
- Exemption requests previously approved by OHA do
not need to be submitted again unless one or more of changes per OAR
Requests for Exemption from Notice Requirement per OAR
no longer available for products that must be reported for the 2022 Biennial Notice Period (i.e. those sold or offered for sale in Oregon in 2020 through 2021).