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