Oregon, U.S. proposes to phase out highly concerned chemicals in certain children’s products under the (Toxic Free Kids Act).

The Oregon Health Authority proposed rules requiring manufacturers of certain children's products to remove or replace(HPCCCH) in products previously declared under the drug free children's act and its related rules (OAR 333-016).

According to the Toxic Free Kids Act , the rule will focus on the following children’s products:

a) Children's products for children under 3 years old

b) Products that can be put into the mouth

c) Children's cosmetics

If the manufacturer has previously declared that HPCCCH is included in products belonging to the above categories, he needs to:

a) remove HPCCCH from children's products; or

b) Replace HPCCCH with less harmful alternatives; or

c) Apply for exemption from removal or replacement requirements.

If the manufacturer chooses to remove HPCCCH from the product, replace it with another chemical, or no longer produce this product, it should submit a notice to the Health Department.

If one or more of the following conditions are met, the manufacturer can be exempted from satisfying the HPCCCH removal or replacement requirements, but should submit an exemption request to the Health Bureau:

a) The content of HPCCCH in children's products is equal to or lower than the allowable level of the Federal Consumer Product Safety Improvement Act (CPSIA) effective July 27, 2015.

b) Children's products meet the federal consumer product safety standards, which determine the allowable HPCCCH content.

c) Washington State has approved the exemption to remove or replace HPCCCH in the same children's product model.

d) The product has been tested by an accredited laboratory in accordance with the applicable EN 71 standard, and the HPCCCH test results are lower than the limits specified in the standard.

In addition to phasing out highly concerned chemicals in children’s products, the Health Bureau also proposed that manufacturers provide the expected age of use of the product in a biennial declaration: 0-3 years, 3-12 years, or 0-12 years.

Note:

"Children's products" means any of the following products or parts thereof manufactured, sold or used for children under 12 years of age:

- Products designed or intended by the manufacturer to help children suck or teeth, sleep, relax, and feed

- Children's clothing and footwear products

- car seat

- Children's cosmetics

- Children's jewelry

- kids toys

But children's products do not include:

- Sneakers with spikes or spikes

- battery

- BB guns, projectile guns and air guns

- Bicycles and tricycles

- Chemical toy set

- Consumer Electronics

- Interactive software and storage media for leisure and entertainment

- Rocket model

- Pocket knife and multi-tool

- Ice skates

- Scooter

- Darts set with metal ends

- Catapult and slingshot

- Snow sports equipment

- Sports equipment and accessories

- Video toys that can be connected to a video screen and operate at a nominal voltage exceeding 24 volts

- Food and beverage and food and beverage packaging