Oregon, USA, Revises Toxic-Free Kids Act

SG 004/25

The US state of Oregon has announced a Permanent Administrative Order (PAO) to amend its disclosure program for children’s products. The PAO became effective on January 1, 2025.

The ‘Toxic-Free Kids Act’ (TFK Act) in the US state of Oregon authorizes the Oregon Health Authority (OHA) to establish and maintain a list of High Priority Chemicals of Concern for Children’s Health (HPCCCH) that are used in the manufacture of products for children under the age of 12, and to establish rules governing what manufacturers must do to comply with the TFK Act. These rules and implementation processes were established under Phase 1 to Phase 4.

According to the TFK Act, reporting is required if an HPCCCH is at or above the de minimis level:

• Intentionally added and equal to or greater than the practical quantification limit (PQL), or
• A contaminant that is equal to or greater than 100 ppm

An HPCCCH, however, is required to be removed, substituted with a less hazardous alternative or have a waiver approved on or before the date a manufacturer has made three biennial notifications to the OHA of children’s products containing HPCCCH at or above the de minimis level if the children’s product falls within any of the following three categories:

• Cosmetics
• Intended for children under the age of three, or
• ‘Mouthable’ as defined under ORS 431A.253(8)

Manufacturers (including importers and domestic distributors by statute) of children’s products with annual worldwide gross sales of less than USD 5 million are exempt from these notice requirements (OAR 333-016-2070).

In December 2024, the OHA announced PAO PH 119-2024 (Chapter 333) to amend administrative rules in chapter 333, division 16 related to the TFK Act by updating the list of HPCCCH as a result of the agency’s triennial review and implementing provisions from HB 3034 (Chapter 426, SafeGuardS 98/23). This Phase 5 of the rules contains, among other things, several important provisions. It:

• Expands the HPCCCH list from 73 entries to 83 entries by adding the following 10 chemicals from the Washington State Department of Ecology’s reporting list of chemicals of high concern to children (CHCC)*:
• Di-(2-methoxyethyl) phthalate (DMEP, CAS 117-82-8)
• Tris(2,3-dibromopropyl) phosphate (TDBPP, CAS 126-72-7)
• Tri-n-butyl phosphate (TNBP, CAS 126-73-8)
• Dipentyl phthalate (DPP, CAS 131-18-0)
• Perfluorooctanoic acid and related substances (PFOA, CAS 335-67-1)
• Tricresyl phosphate (TCP, CAS 1330-78-5)
• Bis(2-ethylhexyl) tetrabromophthalate (TBPH, CAS 26040-51-7)
• Bis(chloromethyl)propane-1,3-diyl tetrakis-(2-chloroethyl) bis(phosphate (V6, CAS 38051-10-4)
• Isopropylated triphenyl phosphate (IPTPP, CAS 68937-41-7)
• Decabromodiphenyl ethane (DBDPE, CAS 84852-53-9)


• Mandates manufacturers to report a children’s product by its brand name and product model as part of the reporting requirements
• Revises the reporting deadline for manufacturers from January 1 of even-numbered years to January 31 of even numbered years for the previous two-year biennial notice period
• Emphasizes that an approved or deemed approved Hazard Assessment (HA) is valid for three years. Manufacturers must resubmit a valid HA at the end of the three-year period for products with the substitute chemical to be in compliance with the chemical substitution provision under ORS 431A.263
• Clarifies that it is a violation of the rules to sell or offer for sale products with a substitute chemical not indicated in an approved HA

* The additions are to be effective January 1, 2025 and will apply to biennial notifications due on January 31, 2026 for products sold or offered for sale in Oregon in 2024 and 2025 and beyond. Provisions implemented by HB 3034 to the TFK Act are already in effect.

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