USA - Oregon Updates Toxic Free Kids Act

​The Toxic-Free Kids Act was passed in 2015. This law directs the Oregon Health Authority (OHA) to establish and maintain a list of high priority chemicals of concern for children's health (HPCCCH)​. Furthermore, it also authorizes OHA to set up a program for manufacturers to report and eventually phase out the use of these chemicals in children's products or seek a waiver.

The HPCCCH list now contains 66 chemicals which need to be reported if one or more listed chemicals can be found at or above 100 ppm or is/are intentionally added at or above the practical quantification limit (PQL) in any of the following products that are made for, marketed for use by or marketed to children under 12 years of age:

- a product designed or intended by the manufacturer to facilitate sucking, teething, sleep, relaxation, feeding or drinking (i.e. childcare article)

- children's clothing and footwear
- car seats
- children's jewellery
- children's cosmetics
- toys​

The OHA develops different phases for manufacturers of children's products to comply with the requirements. Effective March 1, the Act is further strengthened by implementing more requirements to manufacturers of the following specific children's products​

- products for children under three years of age
- mouthable items and
- children's cosmetics

It requires to remove HPCCCH in the above product categories or substitute them with a safer alternative or have a waiver approved by OHA by January 1, 2022. It also establishes rules for manufacturers to apply for exemptions from removal or substitution requirements and harmonizes spelling of HPCCCHs with that of counterparts on State Washingtion's Children's Safe Product Act list.

If a manufacturer applies for a waiver, they will be required to either demonstrate that:

- ​The chemical of concern does not move from the product into childrens' bodies under conditions of normal use of the product, or

- conduct an alternative assessment demonstrating that eliminating or substituting the chemical of concern is not economically or technically feasible

If a manufacturer replaces a chemical of concern with another chemical in the product, they are required to submit a chemical hazard assessment demonstrating that the substitute chemical is not as or any more toxic than the replaced chemical of concern.