Toy Association Testifies Against Oregon Chemical Reporting Legislation

May 10, 2023 | The Toy Association testified on May 4 in front of the Oregon State Legislature’s Senate Committee on Energy and Environment against expansion of the state’s Toxic-Free Kids Act (TFKA). Although provisions under the TFKA are under litigation in federal court, the state continues to move the bill through its legislative bodies.

The TFKA aims to phase out a list of chemicals from children's products sold in Oregon; the provisions are burdensome and do not actually increase children’s safety. The Safe to Play Coalition — of which The Toy Association is a member — believes that the expensive and onerous process that the state has developed is more burdensome than federal law allows and filed suit in federal court against Oregon in December 2021. An appeal was filed in federal court earlier this year and it will take 18-24 months for the process to conclude.

The Association’s testimony in front of the state committee argued that the existing provisions of the TFKA are already more stringent than any other similar program in the U.S. The proposed changes, including allowing classes of chemicals that aren’t tracked or regulated by federal or other states’ laws, increasing reporting requirements, and requiring the resubmission of hazard assessments, will impose a significant burden on manufacturers, retailers, and the Oregon Health Authority (OHA). Importantly, these measures do not improve safety.

In addition, the Association noted that the changes will put Oregon's program out of alignment with the program of the state of Washington, which Oregon relies on for enforcement. Washington does not allow regulation of classes of chemicals in children's products, further distancing the rules of both programs. The current chemical reporting database does not support the suggested type of reporting, and it is unclear how much it will cost OHA to conduct its own testing program.

Finally, the Association argued that since the program is still the subject of litigation in federal court, any changes may create confusion for manufacturers and regulators.

The bill was voted out of the Oregon Senate Committee on Energy and Environment on May 9, 2023 and is awaiting a vote of the full Senate. The Association will continue working toward improvements that align with other state and federal programs and will keep members apprised of new developments.