OAR 333-016-3080
Enforcement and Civil Penalties

(1) The Authority may impose a civil penalty on a manufacturer for a violation of any provision of ORS 431A.258 (Disclosure by manufacturers), 431A.260 (Requirement to remove or substitute high priority chemicals of concern) or 431A.263 (Process for substituting chemicals), or these rules. A civil penalty may not exceed:
(a) $2,500 for the first violation.
(b) $5,000 for the second and each subsequent violation.
(2) For purposes of assessing civil penalties under these rules a violation consists of a single course of conduct with regard to an entire children’s product line that is sold or offered for sale in Oregon.
(3)(a) If a manufacturer violates the notification requirement described in ORS 431A.258 (Disclosure by manufacturers) the Authority shall provide the manufacturer with written notice informing the manufacturer of the violation and stating that the manufacturer may avoid a civil penalty for the violation by providing the proper notice required under ORS 431A.258 (Disclosure by manufacturers) within 90 days.
(b) If the manufacturer fails to cure the violation within the first 90 days, the Authority may impose a civil penalty not to exceed $2,500.
(c) For a continuing violation, each 90-day period that the violation continues after the preceding imposition of a civil penalty is considered a separate offense subject to a separate civil penalty not to exceed $5,000. The Authority is not required to provide the manufacturer with an opportunity to cure the continuing violation before imposing the separate civil penalty.
(4)(a) If a manufacturer continues to sell or offers for sale a product for which a chemical was required to be removed under ORS 431A.260 (Requirement to remove or substitute high priority chemicals of concern), and the manufacturer does not have a pending or an approved waiver or hazard assessment request, the Authority shall provide the manufacturer with written notice informing the manufacturer of the violation. The notice shall state that the manufacturer may avoid a civil penalty by:
(A) Ceasing to sell or offer the product for sale; and
(B) Contacting any known entities who are distributing or selling the product in Oregon, advising them that the product can no longer be sold in Oregon, and providing documentation of those notifications to the Authority in accordance with OAR 333-016-3010 (Removal or Substitution of High Priority Chemicals)(4) through (6); or
(C) Submitting proof to the Authority that it is not in violation as alleged in the notice.
(b) If the manufacturer does not submit proof that it is in compliance or fails to cure the violation within 90 days, the Authority may impose a civil penalty not to exceed $2,500.
(c) For a continuing violation, each day that the violation continues after the preceding imposition of a civil penalty is considered a separate offense subject to a civil penalty not to exceed $5,000. The Authority is not required to provide the manufacturer with an opportunity to cure the continuing violation before imposing the separate civil penalty.
(5) If the Authority has reason to believe that a children’s product that contains a HPCCCH used in children’s products is being sold or offered for sale in Oregon in violation of ORS 431A.258 (Disclosure by manufacturers), 431A.260 (Requirement to remove or substitute high priority chemicals of concern) or 431A.263 (Process for substituting chemicals) the Authority may request that the manufacturer provide a statement of compliance on a form provided by the Authority. The manufacturer must submit the statement of compliance within 30 days after receipt of a request. To prove compliance with ORS 431A.258 (Disclosure by manufacturers), 431A.260 (Requirement to remove or substitute high priority chemicals of concern) and 431A.263 (Process for substituting chemicals), the manufacturer must provide the Authority with proof that:
(a) The children’s product does not contain the HPCCCH at or above de minimis levels; or
(b) The manufacturer has previously provided the Authority with notice as required by ORS 431A.258 (Disclosure by manufacturers); or
(c) The manufacturer is providing notice as required by ORS 431A.258 (Disclosure by manufacturers); or
(d) The manufacturer or trade association has provided the Authority with an exemption request approved by the Authority under ORS 431A.260 (Requirement to remove or substitute high priority chemicals of concern); or
(e) The manufacturer possesses a hazard assessment for a substitution approved by the Authority for the HPCCCH and products in question under ORS 431A.263 (Process for substituting chemicals); or
(f) The manufacturer possesses a waiver for the HPCCCH and products in question approved by the Authority under ORS 431A.265 (Process for waiving requirement to remove or substitute chemicals).
(6) Providing a notice under subsection (5)(c) of this rule does not exempt the manufacturer from compliance with the timelines for removal or substitution under ORS 431A.260 (Requirement to remove or substitute high priority chemicals of concern), OAR 333-016-3015 (Exemptions from Removal or Substitution Requirements), ORS 431A.263 (Process for substituting chemicals), or OAR 333-016-3030 (Hazard Assessment for Substitute Chemicals).
(7) In imposing a penalty under these rules the Authority must consider the following factors:
(a) The past history of the manufacturer in taking all feasible steps or following all feasible procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders or permits pertaining to HPCCCH used in children’s products.
(c) The gravity and magnitude of the violation.
(d) Whether the violation was a sole event, repeated or continuous.
(e) Whether the violation was a result of an unavoidable accident, negligence or an intentional act.
(f) The violator’s cooperativeness and efforts to correct the violation.
(g) The economic and financial conditions of the manufacturer incurring a penalty.
(h) The manufacturer’s declaration that a HPCCCH used in a children’s product is present only as a contaminant, and the manufacturer is able to provide evidence that a manufacturing control program for the contaminant that meets or exceeds the minimum requirements for a manufacturing control program in OAR 333-016-2070 (Exemptions from Notice Requirement), which was approved by the Authority, was in place prior to the violation and that the manufacturer has exercised due diligence.
(i) Civil penalties will be imposed in the manner provided in ORS 183.745 (Civil penalty procedures).
(8) The Authority will enforce the reporting requirements against a manufacturer in the same order as the priority order for reporting in OAR 333-016-2060 (Notification Requirements)(11).

Source: Rule 333-016-3080 — Enforcement and Civil Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-3080.

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 333-016-3080’s source at or​.us