Business

Oregon Amends Toxic-Free Kids Act

Aug. 4 2023

The Governor of Oregon signed HB 3043 – Amendments to the Toxic-Free Kids Act. This Act revised the provisions related to chemicals in children’s products. The Toxic-Free Kids Act requires manufacturers of children’s products sold in Oregon to report products containing one or more High Priority Chemicals of Concern for Children’s Health (HPCCCH) if found at or above specific levels. Additionally, manufacturers that have made three biennial notices must remove or substitute HPCCCHs in certain products.

Summary of Changes

  • The authority may include a class of chemicals on the list. It may also exclude from the list specific members of the class of chemicals, or a subclass of chemicals, that do not share the same hazards as the other members of the class.
  • Reporting of chemicals will now also require the brand name and model to be included for product sold as of January 1, 2025, for reporting on or after January 1, 2026.
  • Hazard assessments approved or deemed approved will be valid for three years after the date of the submitted hazard assessment. The manufacturer must resubmit the hazard assessment at the end of the three-year period.
  • A waiver may be granted if the HPCCCH is inaccessible to the consumer.

Definitions Added

  • Class of chemicals” means a group of chemicals that are related or similar based on their structure, physical property, radiological property or other factors.
  • “Subclass of chemicals” means a group of chemicals within a class of chemicals that likely share the same type and approximate value of a specific toxicological property or other property based upon analysis of:
    • (a) Structure, physicochemical properties, composition, computational bioactivity profiles and toxicokinetics;
    • (b) Mechanism or mode of action, including similarity in eliciting molecular initiating events, key intermediate events and other relevant in vitro data and information; and
    •  (c) Other available toxicological and ecotoxicological testing data and information.

The amendments are effective on January 1, 2024, except for the reporting of the brand name and model as noted above.

Link to the Bill:
https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB3043/Enrolled 

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