HB 3162 - Requires Manufacturers to Remove Certain Chemicals from Children's Products - Oregon Key Vote

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Title: Requires Manufacturers to Remove Certain Chemicals from Children's Products

Vote Smart's Synopsis:

Vote to pass a bill that requires manufacturers to remove certain chemicals from children's products, effective immediately.

Highlights:

  • Requires the Oregon Health Authority to maintain a list of chemicals used in children’s products which are considered a high priority health concern and to post the list and the known health effects of each chemical on its website, effective January 1, 2014 (Secs. 2-4).
  • Requires the authority to revise the list every 3 years (Sec. 5).
  • Requires a manufacturer of a children’s product sold in the state to provide notice to the authority no later than July 1, 2015, and once every 2 years thereafter, in the following circumstances (Sec. 7):
    • Its products contain an unintentionally added chemical, that the authority has listed as a health concern, in excess of 100 parts per million; or
    • Its products contains an intentionally added chemical that the authority has listed as a health concern.
  • Exempts a manufacturer with less than $5 million gross annual worldwide sales from the notification requirements of this bill (Sec. 7).
  • Requires a manufacturer of a children’s product sold in the state to remove, substitute, or secure a waiver for any high priority chemical of concern contained in its products within 5 years of the chemical’s addition to the authority’s list of high priority health concerns (Sec. 14).
  • Authorizes a manufacturer of a children’s product sold in the state to apply for a waiver from the provisions of this bill if the following conditions are met (Sec. 14):
    • The removal of the chemical would be technically or financially infeasible; or
    • The use of the product is unlikely to result in exposure to the chemical.
  • Classifies a violation of this bill as a civil penalty with the following maximum fines, effective January 1, 2015 (Secs. 11 & 12):
    • $2,500 for a violation of notice requirements, if not rectified within 90 days of receiving a warning;
    • $5,000 for a continuing violation of notice requirements, per each additional 90 day period;
    • $5,000 for any other first violation; and
    • $10,000 for any other subsequent violation.

NOTE: A BILL WITH AN EMERGENCY CLAUSE GOES INTO EFFECT IMMEDIATELY UPON ENACTMENT OR ON A SPECIFIED DATE.

Title: Requires Manufacturers to Remove Certain Chemicals from Children's Products

NOTE: A BILL WITH AN EMERGENCY CLAUSE GOES INTO EFFECT IMMEDIATELY UPON ENACTMENT OR ON A SPECIFIED DATE.

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