OAR 333-016-2010
Definitions

The following definitions apply to OAR 333-016-2001 (Toxic Free Kids Program; Effective Date) to 333-016-3080 (Enforcement and Civil Penalties).
(1) “Alternatives Assessment” or “AA” as described in OAR 333-016-3060 (Alternatives Assessment) means the evaluation of the possibility of replacing chemicals in products or processes with inherently safer alternatives in order to better protect human health.
(2) “Analytical methods” means defined protocols for the analysis of the presence of a HPCCCH in a sample of a medium, including laboratory testing that can be described and is readily reproducible by another party.
(3) “Bioavailability” means the extent to which a HPCCCH at or above the practical quantification limit for the chemical established in OAR 333-016-2035 (Manufacturer Disclosure of High Priority Chemicals of Concern for Children’s Health Used in Children’s Products: Practical Quantification Limits)(2) Exhibit A in leachate or air may be absorbed by a child.
(4) “Chemical” means:
(a) A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism.
(b) A group of structurally related substances and the breakdown products of the substances that form through decomposition, degradation or metabolism.
(5) “Chemical Abstracts Service Registry Number” means the number assigned for identification of a particular chemical by the Chemical Abstracts Service, a service of the American Chemical Society that indexes and compiles abstracts of worldwide chemical literature called Chemical Abstracts.
(6) “Child” means an individual under 12 years of age.
(7) “Children’s cosmetics” means products that are intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, moisturizing, beautifying, promoting attractiveness or altering the appearance. “Children’s cosmetics” does not mean soap, dietary supplements or food and drugs approved by the United States Food and Drug Administration.
(8)(a) “Children’s product” means:
(A) Any of the following products that are made for, marketed for use by or marketed to children under 12 years of age:
(i) A product designed or intended by the manufacturer to facilitate sucking, teething, sleep, relaxation, feeding or drinking.
(ii) Children’s clothing and footwear.
(iii) Car seats.
(iv) Children’s cosmetics.
(v) Children’s jewelry.
(vi) Toys.
(B) Any component part of a product specified in paragraph (A) of this subsection.
(b) “Children’s product” does not mean:
(A) Athletic shoes with cleats or spikes.
(B) Batteries.
(C) BB guns, pellet guns and air rifles.
(D) Bicycles and tricycles.
(E) Chemistry sets.
(F) Consumer electronic products, including personal computers, audio and video equipment, calculators, wireless telephones and game consoles, handheld devices that incorporate a video screen and are used to access interactive software, and the associated peripherals.
(G) Interactive software intended for leisure and entertainment, such as computer games, and their storage media, such as compact discs.
(H) Model rockets.
(I) Pocketknives and multitools.
(J) Roller skates.
(K) Scooters.
(L) Sets of darts with metallic points.
(M) Slings and catapults.
(N) Snow sporting equipment, including skis, poles, boots, snowboards, sleds and bindings.
(O) Sporting equipment and accessories, including but not limited to bats, balls, gloves, sticks, pucks, pads, helmets and other protective equipment, weight training and exercise aids, protective eyewear, backpacks and tents, raingear, sport bags and luggage, and golf equipment.
(P) Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding 24 volts.
(Q) Food and beverages and food and beverage packaging regulated by the United States Food and Drug Administration or the United States Department of Agriculture.
(9) “Component part” means a uniquely identifiable material or coating (including ink or dye) that is intended to be included as a part of a finished children’s product, including, but not limited to:
(a) Bio-based materials (animal or plant based);
(b) Synthetic polymers (such as but not limited to synthetic rubber, plastics, and foams);
(c) Metals (including alloys);
(d) Glass, ceramic and siliceous material;
(e) Surface coatings (such as but not limited to paints, plating, and waterproofing);
(f) Homogenous mixtures (gels, creams, powders, liquids, adhesives, synthetic fragrances);
(g) Inks/dyes/pigments; and
(h) Textiles (synthetic fibers and blends).
(10) “Contaminant” has the meaning given that term in ORS 431A.253 (Definitions).
(11) “De minimis level” has the meaning given that term in ORS 431A.253 (Definitions).
(12) “Essential use” means a function of a HPCCCH in a children’s product considered critical for performance of a product.
(13) “Exposure scenarios” means the mechanisms by which children may be exposed to HPCCCHs found in a children’s product.
(14) “Hazard Assessment” or “HA” as described in OAR 333-016-3030 (Hazard Assessment for Substitute Chemicals) means an evaluation of whether a chemical or chemicals substituted for a HPCCCH in a children’s product make that product less hazardous than it was when it contained the HPCCCH.
(15) “HPCCCH” means high priority chemicals of concern to children’s health.
(16) “High priority chemicals of concern list” means the high priority chemicals of concern for children’s health identified by the Authority in OAR 333-016-2020 (Chemicals of High Concern to Children).
(17) “Intentionally added chemical” has the meaning given that term in ORS 431A.253 (Definitions).
(18) “Leachability” means the extent to which a HPCCCH is reasonably anticipated to migrate from a children’s product through normal and reasonably foreseeable use and abuse of such product determined by measuring a HPCCCH at or above the practical quantification limit for the chemical established in OAR 333-016-2035 (Manufacturer Disclosure of High Priority Chemicals of Concern for Children’s Health Used in Children’s Products: Practical Quantification Limits)(2) Exhibit A in media during simulated exposure scenarios.
(19) “Manufacturer” has the meaning given that term in ORS 431A.253 (Definitions).
(20) “Manufacturing control program” or “MCP” means a program implemented by the manufacturer or its suppliers to control the amount of a HPCCCH present as a contaminant at or above de minimis levels through the implementation of tools, processes and oversight that support effective chemicals management at all levels to include supply chain management, quality assurance and educational programs. Control includes the minimization, reduction or elimination of contaminants when possible.
(21) “Mouthable” has the meaning given that term in ORS 431A.253 (Definitions).
(22) “Non-essential use” means a function of a HPCCCH in a children’s product that is not critical for the performance of a product but is included for other reasons such as market demand.
(23) “Owner” for purposes of clarifying the definition of “manufacturer” means the person or entity, whether an importer or a distributor, that offers the children’s product for sale in Oregon.
(24) “Practical quantification limit” has the meaning given that term in ORS 431A.253 (Definitions).
(25) “Product category” means the “brick” level of the GS1 Global Product Classification (GPC) standard, which identifies products that serve a common purpose, are of a similar form and material, and share the same set of category attributes.
(26) “Quantitative Exposure Assessment” or “QEA” means an assessment as described in OAR 333-016-3050 (Quantitative Exposure Assessment) of whether a HPCCCH used in children’s products is or is not reasonably anticipated to result in exposure based upon an analysis of leachability and bioavailability of the HPCCCH used in children’s products.
(27) “Reasonably foreseeable use and abuse” includes: non-incidental skin contact; swallowing; mouthing; inhalation of gaseous products emitted by a children’s product; the aging of a children’s product; and may include breaking during typical and reasonable use by children or other situations of a similar nature.
(28) “Substitutable role” means a role for or presence of a HPCCCH that might be regarded as essential but where alternatives to the HPCCCH have been identified that have comparable functionality and performance making the use of the HPCCCH no longer essential.
(29) “These rules” means OAR 333-016-2001 (Toxic Free Kids Program; Effective Date) to 333-016-3080 (Enforcement and Civil Penalties).
(30) “Trade association” has the meaning given that term in ORS 431A.253 (Definitions).

Source: Rule 333-016-2010 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-2010.

333‑016‑0005
Definitions 333‑016‑0010
Human Experience with Hazardous Substances 333‑016‑0015
Hazardous Mixtures 333‑016‑0020
Testing Procedures for Hazardous Substances 333‑016‑0025
Method of Testing Primary Irritant Substances 333‑016‑0030
Test for Eye Irritants 333‑016‑0035
Tentative Method of Test for Flashpoint of Volatile Flammable Materials by Tagliabue Open-Cup Apparatus 333‑016‑0040
Method for Determining Extremely Flammable and Flammable Solids 333‑016‑0045
Method for Determining Extremely Flammable and Flammable Contents of Self-Pressurized Containers 333‑016‑0050
Method for Determining Flashpoint of Extremely Flammable Contents of Self-Pressurized Containers 333‑016‑0055
Method for Determining the Sound Pressure Level Produced by Toy Caps 333‑016‑0056
Test Methods for Simulating Use and Abuse, Toys, Games, and Other Articles Intended for Use by Children 333‑016‑0057
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children 18 Months of Age or Less 333‑016‑0058
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children Over 18 But not Over 36 Months of Age 333‑016‑0059
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children Over 36 But Not Over 96 Months of Age 333‑016‑0060
Products Declared to be Hazardous Substances Under ORS 453.055(1) 333‑016‑0065
Products Requiring Special Labeling Under ORS 453.055(2) 333‑016‑0070
Labeling of Fire Extinguishers 333‑016‑0075
Banned Hazardous Substances 333‑016‑0077
Pointed Objects in Food Items of Particular Appeal to Children 333‑016‑0080
Toys and Other Articles Intended for Use by Children 333‑016‑0082
Repurchase of Banned Hazardous Substances 333‑016‑0085
Exemptions for Foods, Drugs, Cosmetics, and Fuels 333‑016‑0090
Exemption from Full Labeling and Other Requirements 333‑016‑0095
Exemptions for Small Packages, Minor Hazards, and Special Circumstances 333‑016‑0100
Exemption for Unlabeled Containers 333‑016‑0105
Exemptions from Classification as Banned Hazardous Substances 333‑016‑0110
Labeling of Toys, Including Games 333‑016‑0115
Labeling Requirements, Placement, Conspicuousness, Contrast 333‑016‑0120
Deceptive Use of Disclaimers 333‑016‑0125
Condensation of Label Information 333‑016‑0130
Labeling Requirements for Accompanying Literature 333‑016‑0135
Substances Determined to be “Special Hazards” (e.g., to children) 333‑016‑0140
Substances with Multiple Hazards or Other Special Hazards 333‑016‑0145
For the Following Substances and at the Following Concentrations, the Word “Poison” Is Necessary Instead of Any Signal Word 333‑016‑0150
Self-Pressurized Containers 333‑016‑0155
Methyl Alcohol-Base Radiator Antifreeze 333‑016‑0160
Ethylene Glycol-Base Radiator Antifreeze 333‑016‑0165
Extremely Flammable Contact Adhesives 333‑016‑0170
Procedural Rules 333‑016‑0175
Prohibited Acts and Penalties 333‑016‑0180
Guaranty 333‑016‑0185
Examinations and Investigations 333‑016‑0190
“Administrator” Intended to Include “State Public Health Officer” 333‑016‑2001
Toxic Free Kids Program 333‑016‑2010
Definitions 333‑016‑2020
Chemicals of High Concern to Children 333‑016‑2030
Modifications to the List of High Priority Chemicals of Concern for Children’s Health 333‑016‑2035
Manufacturer Disclosure of High Priority Chemicals of Concern for Children’s Health Used in Children’s Products: Practical Quantification Limits 333‑016‑2060
Notification Requirements 333‑016‑2065
Formal Communications Regarding Toxic Free Kids 333‑016‑2070
Exemptions from Notice Requirement 333‑016‑2080
Fees 333‑016‑3010
Removal or Substitution of High Priority Chemicals 333‑016‑3015
Exemptions from Removal or Substitution Requirements 333‑016‑3020
Requirements for Chemical Substitution 333‑016‑3030
Hazard Assessment for Substitute Chemicals 333‑016‑3040
Waiver from Removal or Substitution Requirement 333‑016‑3050
Quantitative Exposure Assessment 333‑016‑3060
Alternatives Assessment 333‑016‑3070
Trade Secrets 333‑016‑3080
Enforcement and Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-016-2010’s source at or​.us