G/TBT/N/USA/1057/Rev.1/Add.3  
 
3 November 2021  
(21-8337) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
NOTIFICATION  
Addendum  
The following communication , dated  3 November 2021 , is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title: Toxic Free Kids Rule Revision  
 
Reason for Addendum:  
[  ] Comment period changed - date:   
[  ] Notified measure adopted - date:  
[  ] Notified measure published - date:  
[  ] Notified measure enters into force - date:  
[  ] Text of final measure available from1:  
[  ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[X] Content or scope of notified measure changed  and text available from1: 
https://secure.sos.state.or.us/oard/viewRedlinePDF.action?filingRsn=48955  
https://members.wto.org/crnattachments/2021/TBT/USA/modification/21_6970_00_e.
pdf 
New deadline for comments (if applicable):  22/11/2021  
[  ] Interpretive guidance issued and text available from1:  
[  ] Other:  
 
Description:  TITLE: Toxic Free Kids Rule Revision to Clarify Reporting and Revise Reportable 
Chemical List  
AGENCY:  Oregon Health Authority, Public Health Division  
ACTION:  Proposed Rule; request for public comment on whether other options should be considered 
for achieving the rule's substantive goals while reducing negative economic impact of the rule on 
business.  
SUMMARY:  Amends Oregon Administrative Rule (OAR) 333 -016-2020: Per Oregon Revised Statute 
(ORS) 431A.255 List of high priority chemicals  of concern in children's products, the Authority is to 
review and amend OAR 333 -016-2020, Chemicals of High Concern to Children (CHCC) every three 
years from the date the rule first became effective (1 January 2016). With this rulemaking, the 
Authority pr oposes to add five more chemicals from the State of Washington's Department of 
Ecology ("Ecology") 2017 Reporting List of CHCC. As Ecology has not removed chemicals since 2017, 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1057/Rev.1/Add.3  
 
- 2 - 
 
  the Oregon Health Authority did not propose to remove any during current rulema king. The additions 
are to be effective 1 January 2022. Please see proposed text for further details on the chemicals to 
be added.  
Practical Quantification Limits (PQLs) and detection methods were added for the five High Priority 
Chemicals of Concern for C hildren's Health (HPCCCH) proposed to be added to OAR 333 -016-2020. 
Detection methods and PQLs for the five HPCCCH proposed to be align with their counterparts on 
Washington State's CHCC's list. In addition, the PQLs for 27 chemicals that were already on t he 
HPCCC list were revised to align with Washington State's CHCC list. Ten chemicals saw an increase 
in reporting levels while 17 chemicals saw a decrease. Proposed changes are to go into effect 1 
January 2022 and affect biennial notices made for products sold or offered for sale in Oregon 2020 
and 2021.  
The modification of OAR 333 -016-2060 Notification Requirements makes two clarifications: a) for 
purposes of this rule, "unit" has the same meaning as "component part" as that is defined in OAR 
333-016-2010;  and b) it specifies that the amount of a chemical used in each unit within each 
product category is to be reported and, if there are multiple concentrations for a given unit in a 
particular product category, the unit with the highest concentration is to b e reported. These 
modifications are to be effective 1 January 2022 and affect biennial notifications made for products 
sold or offered for sale in Oregon in 2020 through 2021.  
Oregon Daily Filings 28 October 2021: 
https://secure.sos.state.or.us/oard/viewRedlinePDF.action?filingRsn=48955   
Final Date for Comments: 22 November 2021  
A public hearing will be held at 1:00 PM Pacific Standard Time ( PST) on 18 November 2021. Due to 
COVID -19, public meetings are being held remotely. To provide oral testimony during this hearing, 
please contact publichealth.rule s@dhsoha.state.or.us  to sign -up and receive the link for the 
Microsoft Teams video conference. Alternatively, you may dial +1 971 -277- 2343, Phone conference 
ID 224 999 534# for audio only. The hearing will close no later than 4:00 PM PST but may close as 
early as 1:20 PM PST if all individuals that have signed up to testify have had the opportunity to 
enter their comments into the record.  
WTO Members and their stakeholders are asked to submit comments and/or the text of any public 
testimony they intend to provide at the public hearing on 18 November via e -mail to the USA TBT 
Enquiry Point at usatbtep@nist.gov  by or before 4pm EST on 22 November 2021.   Comments 
received by the USA TBT Enquiry Point from WTO Members an d their stakeholders will be shared 
directly with the Oregon Health Authority.    
Information on Oregon's Toxic -Free Kids Program is accessible online at 
https://www.oregon.gov/oha/ph/healthyenvironments/healthyneighborhoods/toxicsubstances/pag
es/toxic -free-kids.aspx   
Relevant documents:  
SB 478 (Oregon Law 2015, chapter 786): 
https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB478/Enrolled    
Oregon Toxic Free Kids Act, ORS 431A.250 – 431A.280: 
https://www.oregonlegislature.gov/bills_laws/ors/ors431a.html    
OAR chapter 333, division 16:  
https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1231    
OAR chapter 333, division 16 Temporary Administrative Order PH 40 -2021: 
https://www.oregon.gov/oha/PH/HEALTHYENVIR ONMENTS/HEALTHYNEIGHBORHOODS/TOXICSUB
STANCES/Documents/PH_40 -2021TrackedChanges.pdf    
State of Washington, Department of Ecology, Children's Safe Products Act Reporting Rule and 
guidance documents:  
https://apps.ecology.wa.gov/publications/documents/1804025.pdf  
https://apps.ecology.wa.gov/publications/documents/1704040.pdf#page=26  
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