Oregon Publishes Amendments to Toxic-Free Kids Act
November 12, 2024 | The Oregon Health Authority (OHA) Public Health Division has recently published an amendment to the administrative rules for the state’s Toxic-Free Kids Act (TFKA), following the passage of House Bill 3043 (HB 3043).
The state's health authority maintains a list of high priority chemicals of concern for children's health (HPCCCH). Manufacturers whose global sales exceed $5 million that sell children’s products in Oregon are required to report products containing these chemicals to the health authority biennially, using the Interstate Commerce Clearinghouse (IC2) platform.
An October 31, 2024 Notice of Proposed Rulemaking (NPR) to incorporate the changes from HB 3043 includes the following updates:
- Expanded Reporting Requirements
HB 3043 mandates that manufacturers must report children’s products by both brand name and model. Additionally, the chemical concentration ranges will now need to be reported individually for each component part that includes a reportable chemical, instead of only reporting the highest level of each chemical present.
- Revised Reporting Deadlines
The legislation shifts the reporting deadline from January 1 to January 31 of even-numbered years.
- Updates to Hazard Assessments for Chemical Substitutions
Under HB 3043, hazard assessments (HA) for chemical substitutions must be resubmitted every three years. The amendment further clarifies that products sold with substitute chemicals not covered by an approved HA will be in violation. Additionally, manufacturers may now be exempt from submitting a third HA if the substitute chemical has been approved for six years.
- Triennial Review of High Priority Chemicals
The health authority conducted a required triennial review of the HPCCCH list, adding 10 chemicals aligned with those identified by Washington State’s Children’s Safe Products Act (CSPA).
- Adjustments to Exemption Rules
Exemption requirements for the removal or substitution of HPCCCHs have been revised. The amendment would allow manufacturers to add chemically identical product models to an approved exemption list and clarify conditions under which non-compliance may occur.
These changes will take effect on January 1, 2025, and will impact the reporting cycle due January 31, 2026, for products sold in 2024 and 2025.
Manufacturers are encouraged to review these revisions as they will result in significant changes to the reporting requirements in IC2 once the platform has been updated.
The Toy Association is collaborating with other organizations to develop joint comments regarding the NPR, which will be submitted to OHA by the November 21 deadline for comments. Toy companies that wish to have their input incorporated into the comments are encouraged to send their feedback to The Toy Association’s Jos Huxley, senior vice president of technical affairs.
For more information on The Toy Association’s advocacy initiatives at the state level or to join the State Government Affairs Committee, contact The Toy Association’s Charlotte Hickcox.