OAR 333-016-3020
Requirements for Chemical Substitution

(1) For purposes of this rule a “children’s product” is a children’s product as defined in OAR 333-016-3015 (Exemptions from Removal or Substitution Requirements)(1) 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) When a manufacturer of a children’s product that is sold or offered for sale in Oregon removes a HPCCCH as required in ORS 431.260 and intends to sell the product in Oregon with a substitute chemical, the manufacturer must provide or submit to the Authority no later than the last day (December 31st) of the third biennial notice period for the product:
(a) A Hazard Assessment (HA) that meets the requirements in OAR 333-016-3030 (Hazard Assessment for Substitute Chemicals); and
(b) The fees specified in OAR 333-016-2080 (Fees).;
(3) The Authority must either approve or disapprove a HA within 180 days of the receipt of a HA and the information and fees required in section (2) of this rule.
(4) During its review of the HA the Authority may request additional information from the manufacturer at any time and must specify the time period by which the manufacturer must provide the requested information.
(5) If the Authority does not approve or disapprove the HA within 180 days from receipt of all of the information and fees required in section (2) of this rule the HA is deemed approved and the manufacturer may continue to sell or offer for sale in Oregon the children’s product for which the manufacturer submitted a HA.
(6) If the Authority approves the HA it will notify the manufacturer of the approval, in writing.
(7) If the Authority disapproves a HA it will provide written notice to the manufacturer of the disapproval and the basis for the disapproval.
(8) If the Authority disapproves a HA the manufacturer may submit a revised HA within 180 days after the date of the Authority’s notice of disapproval that meets the requirements of this rule. The payment of non-refundable fees in OAR 333-016-2080 (Fees) is not required for a resubmitted HA.
(9) A revised HA is subject to the same requirements as an initial HA under this rule and the Authority will review and approve or disapprove a revised HA in the same manner as an initial HA.
(10) If the Authority disapproves an initial HA and no revised HA is submitted, the manufacturer has 90 calendar days to comply with OAR 333-016-3010 (Removal or Substitution of High Priority Chemicals)(4) through (6).
(11) The Authority will not consider any additional information it did not request that has been provided by a manufacturer and received by the Authority more than seven business days after the revised HA conducted with an alternative hazard assessment methodology (OAR 333-016-3030 (Hazard Assessment for Substitute Chemicals)(4)) is submitted to the Authority.
(12) A manufacturer may request a HA for one or more product models or styles.
(13) If a manufacturer requests a HA for more than one product model or style, the Authority may approve or disapprove a request in whole or in part, based on criteria established in these rules.
(14) Trade associations may submit a HA on behalf of specified member manufacturers if the following conditions are met for each HA submitted:
(a) The HA meets the requirements in OAR 333-016-3030 (Hazard Assessment for Substitute Chemicals).
(b) The fees are paid as specified in OAR 333-016-2080 (Fees).
(c) The products are identified on which a HA has been conducted for each participating manufacturer as specified in OAR 333-016-3010 (Removal or Substitution of High Priority Chemicals)(3)(a) through (c). This list of identified products shall include the name and contact information of a representative for each specified member manufacturer.

Source: Rule 333-016-3020 — Requirements for Chemical Substitution, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-3020.

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 333-016-3020’s source at or​.us