Certain consumer products sold in the State of Oregon must comply with additional compliance requirements concerning general safety, chemicals, and heavy metals, labeling, documentation, and lab testing.
In this guide, we introduce American importers and manufacturers to Oregon product compliance requirements applicable to children’s products, crib bumpers, flame retardants, and electronics.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Oregon. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Toxic-Free Kids Act
The Toxic-Free Kids Act requires importers and manufacturers of children’s products sold in Oregon to report every two years to the Oregon Health Authority (OHA) products that contain chemicals or heavy metals that are listed in the High Priority Chemicals of Concern for Children’s Health (HPCCCH) in an amount greater than the allowed limitations.
If such products still contain excessive HPCCCH after the third biennial report, then importers or manufacturers are not allowed to sell them in Oregon.
The Toxic-Free Kids Act defines covered products as the following:
- Products that are designed to be used by children under the age of 3 years old
- Items that are intended to be put into the mouth by children
- Children’s cosmetic products
This means that a wide range of children’s products fall under the scope of this Act and should comply with its requirements. Here some examples of qualified products:
- Baby’s drinking bottles and food containers
- Children’s clothing
- Children’s footwear
- Children’s jewelry
- Car seats
The Toxic-Free Kids Act requires importers or manufacturers of children’s products to report every other year if they are selling products that contain substances listed in the HPCCCH in an amount above the limitations listed below.
Specifically, if any of the HPCCCH contained in children’s products fulfill one of the following criteria, the importer or manufacturer should report such the relevant products to the OHA:
a. Intentionally added substances in an amount that is equal to or greater than the practical quantification limit (PQL), or
b. Contaminants that are present in the product in an amount equal to or greater than 0.01% by weight
Importers and manufacturers of products containing one or more HPCCCH at or above the maximum allowable level are no longer allowed to sell the products in Oregon after reporting them to the OHA three times unless the OHA approves an exemption request for such products.
For example, let’s take the case of an importer that reported to the OHA on its baby bottles containing 0.05% by weight of Bisphenol A (which is an amount above the PQL of 0.002% for Bisphenol A and contaminant standard level of 0.01%) in 2020.
If the importer reports the same products also in 2022 and in 2024, because the baby bottles that it’s selling in Oregon still contain more than the maximum allowed amount of Bisphenol A, it won’t be able to sell these products in Oregon anymore, unless the OHA approves an exemption request for such products.
Below we list some HPCCCH that might be found in children’s products and we mark the PQL level for each one of them in percentage by weight:
- Formaldehyde < 0.0005%
- Bisphenol A < 0.002%
- Bisphenol S < 0.0001%
- Cadmium < 0.0001%
- Mercury < 0.00005%
- BBP < 0.0005%
- DIDP < 0.005%
- DINP < 0.005%
If you want to check the complete list of chemical substances, you can have a look at the High Priority Chemicals of Concern for Children’s Health (HPCCCH).
The Oregon Health Authority provides an HPCCCH report template for importers or manufacturers. You can visit the official website of the Oregon Health Authority to download it.
The submitter must provide the following information (not an inclusive list):
- Importer/manufacturer’s US Tax Identification Number (TIN)
- Product category
- Component names
- Chemical name (including CAS)
- Concentration range category
- Chemical function
- Target age category
Importers or manufacturers of children’s products selling products in the State of Oregon must make sure their products comply with the rules of the Toxic-Free Kids Act.
Lab testing is often necessary to confirm whether products contain one or more of the substances covered by the High Priority Chemicals of Concern for Children’s Health (HPCCCH) list.
HB 3379: Prohibition of Crib Bumpers
House Bill 3379 prohibits the manufacturing, retrofitting, and selling of any crib bumper pads or crib equipped with crib bumper pads in the State of Oregon.
According to this Bill, a “Crib bumper pad” includes any pad that is placed directly above the mattress in a crib, or that runs along the surface area or any of the interior sides of the crib. The Bill does not prohibit the use of mesh liners or cribs equipped with mesh liners.
As said, this bill bans the manufacturing, retrofitting, and selling of any crib bumper pads or crib equipped with crib bumper pads because such products might cause strangulation or suffocation hazards to the infants.
PBDE Flame Retardant Legislation
The PBDE Flame Retardant Legislation of Oregon aims to phase out the use of PBDEs as a flame retardant in general consumer products to protect the environment and public wellness.
The list of products that are covered by this legislation includes the following items:
- Television casings
- Upholstery fabrics
- Furniture foam padding
- Wire insulation
- Small appliances
This Act sets the maximum allowable concentration level of the following PBDEs on covered consumer products to be 0.1% by weight:
The Flame Retardant Legislation of Oregon covers a wide range of consumer products, including electronics, textile and clothing, furniture, and home furnishings. Therefore, importers and manufacturers of these products should test the materials or product samples to ensure compliance with the PBDEs requirements set forth in this Legislation.
You can contact a reputable third-party lab testing company to test your products prior to the sales in the State of Oregon.
Electronics Recycling Law
The Electronics Recycling Law of Oregon prohibits the disposal of certain electronic devices in the State of Oregon unless these products are sent to a disposal point specialized in recycling, reusing, or refurbishing. The purpose of this law is to formalize the recycling process and increase the reuse rate of these electronic devices.
The Electronics Recycling Law of Oregon applies to the following type of electronic products:
a. Computer monitors and televisions with a viewable area greater than four inches measured diagonally
b. Desktop computers or portable computers
This law does not cover most of the household appliances such as the following:
- Clothes washers
- Clothes dryers
- Microwave oven
- Conventional ovens
- Air conditioners
- Air purifier
The Electronics Recycling Law of Oregon prohibits anyone from disposing of computers, monitors, and televisions. It also prohibits solid waste disposal facility operators from accepting the covered electronic devices for disposal, unless the operation of electronic disposal sites accepts covered electronic devices for the purpose of recycling, reuse, or refurbishment.
Under this law, any person or disposal facility that disposes or accepts covered wasted electronic devices should receive penalties. The purpose of this law is to decrease electronic waste and promote the awareness of proper recycling and reuse of these electronic devices.
We provide links to these regulations in the table below. You can visit the legal text to know more about the requirements.
|Toxic-Free Kids Act||Link|
|HB 3379: Prohibition of Crib Bumpers||Link|
|PBDE Flame Retardant Legislation||Link|
|Electronics Recycling Law||Link|