Oregon Extends Chemical Reporting Deadline for Children’s Products to January 31

October 30, 2023 | The Oregon Health Authority (OHA) has extended the deadline for manufacturers to report their products containing high priority chemicals of concern for children’s health (HPCCCH) to January 31, 2024. The original deadline was January 1, 2024.

The extension is part of Oregon’s ongoing rulemaking process for the Toxic-Free Kids Modernization Act, which expands the Toxic-Free Kids Act (TFKA). The legislation was signed into law on July 31, despite pending litigation in federal court on provisions under the act and ongoing advocacy efforts from The Toy Association’s state government affairs team and its partners.

The state of Oregon is executing this legislation in five phases. The initial three phases involved OHA conducting three rounds of rulemaking to implement the original TFKA program. Phases four (currently underway) and five (starting fall 2024) involve implementing amendments in the Toxic-Free Kids Modernization Act.

Phase Four
The current phase of rulemaking incorporates the ability for OHA to add classes and sub-classes of chemicals to the HPCCCH list, and defines and adds “inaccessible” as a basis for a Quantitative Exposure Assessment (a process used to evaluate and quantify the extent to which individuals may come into contact with or be exposed to a particular substance).

OHA will hold a virtual public hearing for these phase four amendments on November 15 followed by a comment period. The Toy Association is part of the Rulemaking Advisory Committee to help develop the proposed rules and will submit additional comments after the hearing by the November 21 deadline, if needed. All amendments are expected to take effect on January 1, 2024 following the comment period.

Phase Five
OHA will announce additional rulemaking next fall regarding the resubmission of hazard assessments for substitute chemicals in children’s products, which are subject to removal or substitution provisions. This delay is due to The Toy Association and other industry partners pushing back on the initial proposal over issues of scope and clarity. In addition, phase five will include rulemaking to implement reporting by brand name and product model.

OHA will notify involved parties of Phase Five rulemaking in August 2024.

For questions or more information, members may contact The Toy Association’s Erin Raden, senior director of state government affairs.