Oregon Governor Signs Chemical Reporting Legislation into Law

August 2, 2023 | On July 31, the governor of Oregon signed the Toxic-Free Kids Modernization Act into law, marking the latest step by the state to further expand the Toxic-Free Kids Act (TFKA), 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 Toy Association has continued to advocate against expansion of the TFKA, which already goes further than any other operating program in the United States, including California and Washington. In fact, these changes bring Oregon’s program further out of alignment with Washington’s Children’s Safe Products Act which it relies on for enforcement. In May, The Toy Association testified before the Oregon State Legislature’s Senate Committee on Energy and Environment, stating that allowing classes of chemicals, increasing reporting requirements, and requiring resubmission of hazard assessments will only increase the requirements on manufacturers, retailers, and the Oregon Health Authority without benefiting children’s safety.

In addition, the Interstate Chemical Clearinghouse, which manufacturers use to file reports in Oregon, does not currently support the expanded reporting, and it is unclear when or if it will be updated or who will fund the expansion.

The lawsuit, which was filed last December by the Safe to Play Coalition — of which The Toy Association is a member — alleges that the provisions directly conflict with the uniform system of chemical identification and testing already established under federal law. The judge overseeing the lawsuit, which is still pending, recently granted an extension for the state of Oregon’s next filing to September 19.

Most of the new provisions go into effect January 1, 2024, and the new reporting requirements are operative for reports made on or after January 31, 2026. There will be rulemaking to implement these changes beginning in late 2023/early 2024. The Toy Association will continue to update members as guidance becomes available. For questions or more information, members may contact The Toy Association’s Erin Raden, senior director of state government affairs.