OAR 333-016-3010
Removal or Substitution of High Priority Chemicals


(1) On or before the date on which a manufacturer of a children’s product must submit the third biennial notice required under OAR 333-016-2060 (Notification Requirements) for a HPCCCH that is present in a children’s product, the manufacturer must remove or make a substitution, or seek a waiver under OAR 333-016-3040 (Waiver from Removal or Substitution Requirement) if the HPCCCH is present in a children’s product that is:
(a) Mouthable;
(b) A children’s cosmetic; or
(c) Made for, marketed for use by or marketed to children under three years of age.
(2) A manufacturer with 25 or fewer employees may apply for a two-year extension of the date specified in ORS 431A.260 (Requirement to remove or substitute high priority chemicals of concern) to meet the requirements of these rules. To apply for an extension a manufacturer must submit a request for an extension. A request for an extension must:
(a) Be received by the Authority on or before the date on which the manufacturer of a children’s product is obligated to submit the third biennial notice required under ORS 431A.260 (Requirement to remove or substitute high priority chemicals of concern).
(b) Include documentation that the manufacturer had an average of 25 or fewer employees on its payroll during the third biennial notice period and the number of employees currently employed by the manufacturer.
(3) A manufacturer that has previously reported a HPCCCH to the Authority and later removes the HPCCCH from a children’s product sold or offered for sale in Oregon and does not substitute another chemical or is no longer manufacturing such a product, must submit notice to the Authority that the manufacturer is no longer using the chemical or a substitute chemical or manufacturing the product. The notice must be submitted no later than the last day (December 31st) of the third biennial notice period. The notice shall include:
(a) The product category of the children’s product;
(b) The brand names under which it is sold in Oregon and the model numbers of the children’s product associated with those brand names; and
(c) Universal Product Code or Stock Keeping Unit codes, style codes or other mechanisms sufficient to identify product models sold in Oregon, which have been assigned by the manufacturer.
(4) From the date that the notice under section (3) of this rule is submitted, the manufacturer has 90 calendar days to:
(a) Cease selling or offering for sale in Oregon the children’s product; and
(b) Provide notice to all known distributers and retailers to whom the product was distributed that the product may no longer be sold or offered for sale in Oregon. To identify affected units of such children’s products, the notice shall include Universal Product Code, Stock Keeping Unit codes, style codes or other mechanisms sufficient to identify the affected product models.
(5) Units identified in this rule may no longer be sold or offered for sale in Oregon.
(6) Manufacturers shall provide the Authority with the notice in subsection (4)(b) of this rule and a list of known distributers and retailers to whom notice was given.
(7) A manufacturer that intends to substitute a HPCCCH pursuant to ORS 431A.263 (Process for substituting chemicals) must comply with OAR 333-016-3030 (Hazard Assessment for Substitute Chemicals).

Source: Rule 333-016-3010 — Removal or Substitution of High Priority Chemicals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-3010.

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 333-016-3010’s source at or​.us