Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that requires manufacturers to disclose certain chemicals used in children's products to the Oregon Health Authority.

Highlights:

• Requires the Oregon Health Authority to establish and maintain a list of high priority chemicals of concern for children’s health when used in “children’s products,” including chemicals listed on the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children (Sec. 3).
• Requires a manufacturer of a “children’s product” offered for sale that contains an amount at or above a “de minimis level” of a chemical on the list of high-priority chemicals of concern to provide a notice to the Oregon Health Authority by January 1 of each applicable year (Sec. 4).
• Defines “children’s product” as a product that meets the following criteria (Sec. 2):
• It is made for or marketed for use by children less than 12 years of age; and
• It is designed or intended by the manufacturer to facilitate sucking, teething, sleep, relaxation, feeding or drinking.
• Defines “de minimis level” as follows (Sec. 2):
• For an intentionally added chemical, the level is the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions; or
• For a chemical that is a contaminant, a concentration of 100 parts per million.
• Requires a manufacturer to remove or substitute a high-priority chemical on or before the date of the third submission of a detailed notice to the Oregon Health Authority, except in the following circumstances (Secs. 5 & 7):
• The chemical amount is below the de minimis level;
• The manufacturer has 25 or fewer employees and is granted a 2 year extension to meet the requirement; or
• The manufacturer applied for and was granted a waiver from the Oregon Health Authority that deemed a chemical substitution financially or technically infeasible or unnecessary.
• Requires a manufacturer that substitutes a high-priority chemical with another chemical to provide a hazard assessment that explains how the children’s product is safer with the substitute (Sec. 6). 
• Exempts manufacturers of children’s products with annual worldwide gross sales of less than $5 million as reported on the manufacturer’s most recent tax return from all new requirements enacted (Sec. 8).
• Establishes the High Priority Chemicals of Concern for Children’s Health Fund that continuously appropriates funds accrued through public and private donations to the Oregon Health Authority to administer the new regulations enacted (Sec. 12).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires manufacturers to disclose certain chemicals used in children's products to the Oregon Health Authority.

Highlights:

• Requires the Oregon Health Authority to establish and maintain a list of high priority chemicals of concern for children’s health when used in “children’s products,” including chemicals listed on the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children (Sec. 3).
• Requires a manufacturer of a “children’s product” offered for sale that contains an amount at or above a “de minimis level” of a chemical on the list of high-priority chemicals of concern to provide a notice to the Oregon Health Authority by January 1 of each applicable year (Sec. 4).
• Defines “children’s product” as a product that meets the following criteria (Sec. 2):
• It is made for or marketed for use by children less than 12 years of age; and
• It is designed or intended by the manufacturer to facilitate sucking, teething, sleep, relaxation, feeding or drinking.
• Defines “de minimis level” as follows (Sec. 2):
• For an intentionally added chemical, the level is the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions; or
• For a chemical that is a contaminant, a concentration of 100 parts per million.
• Requires a manufacturer to remove or substitute a high-priority chemical on or before the date of the third submission of a detailed notice to the Oregon Health Authority, except in the following circumstances (Secs. 5 & 7):
• The chemical amount is below the de minimis level;
• The manufacturer has 25 or fewer employees and is granted a 2 year extension to meet the requirement; or
• The manufacturer applied for and was granted a waiver from the Oregon Health Authority that deemed a chemical substitution financially or technically infeasible or unnecessary.
• Requires a manufacturer that substitutes a high-priority chemical with another chemical to provide a hazard assessment that explains how the children’s product is safer with the substitute (Sec. 6). 
• Exempts manufacturers of children’s products with annual worldwide gross sales of less than $5 million as reported on the manufacturer’s most recent tax return from all new requirements enacted (Sec. 8).
• Establishes the High Priority Chemicals of Concern for Children’s Health Fund that continuously appropriates funds accrued through public and private donations to the Oregon Health Authority to administer the new regulations enacted (Sec. 12).

Full Bill Text