OAR 333-016-3015
Exemptions from Removal or Substitution Requirements

(1) For purposes of this rule “children’s product” is a children’s product as defined in ORS 431A.253 (Definitions) 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 is exempt from meeting the requirement of removal or substitution of a HPCCCH in a children’s product under ORS 431A.260 (Requirement to remove or substitute high priority chemicals of concern) if one or more of the following is met:
(a) The children’s product contains a HPCCCH used in children’s products at levels that are at or below allowable levels for children’s products as established by the Consumer Product Safety Improvement Act of 2008, P.L. 110-314, 122 Stat. 3016, as in effect on July 27, 2015.
(b) A manufacturer is in compliance with a federal consumer product safety standard adopted under federal law that establishes allowable levels for children’s products of a high priority chemical of concern for children’s health used in children’s products.
(c) The State of Washington has granted an exemption for the removal or substitution of a HPCCCH in the same children’s product model for which the exemption is requested under OAR 333-016-3015 (Exemptions from Removal or Substitution Requirements).
(d) A children’s product has been tested under applicable EN-71 standards, by a laboratory that is accredited to conduct such testing under the current edition of ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement.
(3) More than one product model may be submitted in a single exemption request.
(4) In order to be exempt under one or more of the categories in section (2) of this rule a manufacturer must submit an exemption request and the fees specified in OAR 333-016-2080 (Fees)(1)(e) and provide to the Authority written supporting documentation, an electronic copy of the certificate of conformity, if available, that is issued by the applicable authority or an authorized designate, and any other supporting documentation that provides evidence that the children’s product meets the applicable standards described in the applicable category including:
(a) For an exemption request under subsection (2)(a) of this rule, the citation for the section of the Consumer Product Safety Improvement Act of 2008, P.L. 110-314, 122 Stat. 3016, in effect on July 27, 2015, naming the HPCCCH.
(b) For an exemption request under subsection (2)(b) of this rule, a citation to the federal consumer product safety standard adopted under federal law that establishes an allowable level of a HPCCCH in children’s products, specific to allowable levels of the HPCCCH in children’s products.
(c) For an exemption request under subsection (2)(c) of this rule, a copy of the manufacturer’s request for exemption under the applicable State of Washington law and the exemption approval from that state.
(d) For an exemption request under subsection (2)(d) of this rule, an electronic copy of an actual certificate of conformity issued for the product or products for which exemption is being requested, establishing that the product or products meets current EN-71 standards applicable to the HPCCCH and product type for which an exemption is being sought.
(5) The specific children’s products for which exemption is being sought under section (2) of this rule must be identified by manufacturers as specified in OAR 333-016-3010 (Removal or Substitution of High Priority Chemicals)(3)(a) through (c).
(6) This written documentation must be submitted in its entirely to the Authority on or before the date on which the manufacturer is required to submit the third biennial notice under ORS 431A.258 (Disclosure by manufacturers) and OAR 333-016-2060 (Notification Requirements).
(7) The Authority will approve or disapprove an exemption request made under section (2) of this rule in writing within 180 days from receipt of all of the documentation required in the rule, explaining the basis of the approval or denial.
(a) If the Authority does not approve or disapprove the exemption request made under section (2) of this rule within 180 days of its submission, the exemption is deemed approved.
(b) If disapproved, a manufacturer may not resubmit an exemption request.
(8) If a manufacturer is granted an exemption under subsection (2)(c) of this rule and subsequently the State of Washington withdraws the approval for the exemption, the manufacturer must immediately notify the Authority and come into compliance with ORS 431A.260 (Requirement to remove or substitute high priority chemicals of concern) and these rules.

Source: Rule 333-016-3015 — Exemptions from Removal or Substitution Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-3015.

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 333-016-3015’s source at or​.us