OAR 333-016-2060
Notification Requirements

(1) No later than January 1, 2018, and every other year thereafter, a manufacturer of a children’s product sold or offered for sale in this state that contains a HPCCCH listed in OAR 333-016-2020 (Chemicals of High Concern to Children) in an amount at or above a de minimis level must submit:
(a) A notice to the Authority that contains all the information required in these rules, unless the manufacturer or product is exempt; and
(b) A nonrefundable fee of $250 for the notification of each HPCCCH as specified in OAR 333-016-2080 (Fees).
(2) The first manufacturer’s notice due on January 1, 2018, applies to children’s products sold or offered for sale in this state between January 1, 2017 and December 31, 2017.
(3) Subsequent manufacturer reports are due on January 1st of even numbered years for the previous two-year biennial notice period. For example, for the reporting year 2020, a manufacturer must include children’s products sold or offered for sale between January 1, 2018, and December 31, 2019, that contain a HPCCCH listed in OAR 333-016-2020 (Chemicals of High Concern to Children).
(4) The notice required in section (1) of this rule must include the following:
(a) The name and Chemical Abstracts Service Registry Number of the chemical contained in the children’s product;
(b) The product category of the children’s product that contains the chemical;
(c) A description of the function of the chemical in the children’s product;
(d) The amount of the chemical used in each unit of the children’s product reported as a range rather than an exact amount;
(e) The target age category for whom the children’s product is intended, either ages 0-3, 3-12 or 0-12 years-old.
(f) The number of the children’s product that contain the high priority chemical either sold or offered for sale in Oregon during the biennial notice period;
(g) The name and address of the manufacturer, and the name, address and telephone number of the contact person for the manufacturer;
(h) The name, address and contact information for the trade association submitting the notification on behalf of the affected industry; and
(i) Any other information that the manufacturer deems relevant to the appropriate use of the children’s product.
(5) No later than January 1, 2020, and every other year thereafter, notices to the Authority shall be submitted utilizing the Interstate Chemicals Clearinghouse’s High Priority Chemicals Data System (HPCDS) or alternate data system designated by the Authority. A link to the data system will be made available on the Toxic Free Kids Program website: www.healthoregon.org/toxicfreekids.
(6) If a manufacturer, required to report under ORS 431A.258 (Disclosure by manufacturers), is acquired by another business entity, merges into another business entity or separates into distinct business entities, the new controlling entity must submit the required biennial notices to the Authority.
(7) If a manufacturer has included a children’s product in a notice required under these rules, and determines that there is no change to the information for the product except the number of products sold or offered for sale submitted to the Authority in the previous notice, the manufacturer may, in lieu of including the children’s product again in a subsequent notice, submit a written statement, or if available, an electronic notification indicating that the previous reported data is still valid for that children’s product. The notification shall include the number of products sold or offered for sale during the biennial notice period.
(8) A trade association may provide the notice required in these rules on behalf of a member manufacturer. If a trade association reports on a member manufacturer’s behalf, the trade association must specify which member or members the association is reporting on behalf of, including the name and contact information of a representative for each of those members, and must submit the fees for each member as required in OAR 333-016-2080 (Fees).
(9) A trade association who fulfills the notice or exemption from notice requirements as well as waiver or hazard assessment requests in these rules on behalf of a member manufacturer will not be held liable for a violation or penalty as a result of the member manufacturer’s noncompliance with the requirements of these rules.
(10) A manufacturer may, during the notification process, submit to the Authority recommendations regarding technical, financial or logistical support considered necessary for the implementation of innovation and green chemistry solutions related to HPCCCH used in children’s products.
(11) Only one person or entity that falls within the definition of manufacturer is required to report with respect to a particular children’s product. The Authority will hold the following primarily responsible for ensuring that it receives a complete, accurate, and timely notice for the children’s product, in the following order:
(a) Any person or entity that manufactured the children’s product, unless it has no presence in the United States.
(b) Any person or entity that distributed or made available for distribution the children’s product, unless it has no presence in the United States.
(c) The importer or owner of the children’s product in the United States.
(12) The Authority will enforce the reporting requirements in this rule against a manufacturer in the same order as the priority order for reporting in section (11) of this rule.
(13) If a manufacturer has included a children’s product in a notice required under these rules, and removes the HPCCCH from that children’s product it shall, within 180 days of removal, submit a written statement, or if available, an electronic notification indicating the HPCCCH that was removed, whether another HPCCCH was substituted and the date the removal was effective, unless the Authority has already been notified under OAR 333-016-3010 (Removal or Substitution of High Priority Chemicals)(1). Such notification will help the Authority avoid any unnecessary enforcement actions because of a failure to report or failure to comply with the other requirements of these rules.

Source: Rule 333-016-2060 — Notification Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-2060.

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 333-016-2060’s source at or​.us