U.S. Oregon Approved Amendment to the Toxic-Free Kids Act (TFKA)
| Targeted audience |
U.S. domestic manufacturers, distributor; U.S. importers and upstream suppliers |
| Products concerned |
Children's products |
Key industries concerned
with this insight |
Children's products |
| Application date |
January 1, 2025 |
| Main content or requirements |
U.S. Oregon added new chemicals to HPCCCH list and updated reporting requirements. |
| Reference |
Click here |
On July 27, 2023, the governor of Oregon passed the House Bill 3043 to modify the existing 2015 Toxic Free Kids Act and require manufacturers to report children's products by brand name and product model and changes the reporting deadline.
Following the passing of HB 3043, the Oregon Health Authority (OHA) approved a Permanent Administrative Order PH 119-2024 on December 20, 2024 to implement the provisions of HB 3043 and review the High Priority Chemicals of Concern for Children's Health (HPCCCH) list.
The key updates included:
New Chemicals Added
The following ten chemicals have been added to the High Priority Chemicals of Concern for Children's Health(HPCCCH) list. These are also aligned with those identified by the Washington State’s Children’s Safe Products Act (CSPA):
- Di-(2-methoxyethyl) phthalate (DMEP) (CAS No.: 117-82-8)
- Tris (2,3-dibromopropyl) phosphate (TDBPP) (CAS No.: 126-72-7)
- Tri-n-butyl phosphate (TNBP) (CAS No.: 126-73-8)
- Dipentyl phthalate (CAS No.: 131-18-0) (DPP)
- Perfluorooctanoic acid and related substances (PFOA) (CAS No.: 335-67-1)
- Tricresyl phosphate (TCP) (CAS No.: 1330-78-5)
- Bis (2-ethylhexyl) tetrabromophthalate (TBPH) (CAS No.: 26040-51-7)
- Bis(chloromethyl)propane-1,3-diyl tetrakis-(2-chloroethyl) bis(phosphate) (V6) (CAS No.: 38051-10-4)
- Isopropylated triphenyl phosphate (IPTPP) (CAS No.: 68937-41-7)
- Decabromodiphenyl ethane (DBDPE) (CAS No.: 84852-53-9)
Reporting Requirements
Manufacturers must report children's products containing HPCCCH by brand name and product model. Product model refers to the specific product name used by the manufacturer to place the product into the stream of commerce. Instead of reporting the highest level of each chemical that is present, the chemical concentration ranges will need to be reported individually for each component part that includes a reportable chemical.
Revision of Request Date
The revised reporting deadline is now January 31 of even-numbered years, as per the legislation. This change will take effect on January 1, 2025, and will impact the reporting cycle due January 31, 2026, for products sold in 2024 and 2025.
Exemptions and Enforcement
Manufacturers can now add chemically identical product models to an approved exemption list. The revised requirements clearly outline the conditions under which manufacturers may be considered non-compliant.
Triennial Resubmission
Manufacturers must resubmit Hazard Assessments (HA) for chemical substitutions every three years. Products sold with substitute chemicals not covered by an approved HA will be considered in violation. Manufacturers are exempt from submitting a third HA if the substitute chemical has been approved for six years.
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