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 OREGON ADMINISTRATIVE RULES  
OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION  
CHAPTER 333  
 
DIVISION 16  
 
HAZARDOUS SUBSTANCES  
 
List of High Priority Chemicals o f Concern for Children's Health When Used In Children's 
Products  
 
333-016-2000  
Purpose , Scope, and Effective Date  
(1) These rules establish the initial list of high priority chemicals of concern for children’s health 
when used in children’s products. The presence of a high priority chemical of concern in a 
children’s product does not necessarily mean that the product is harmful to human health or that 
there is any violation of existing safety standards or laws.  The information required to be 
reported in these rules will help fill a data gap that exists for both consumers and agencies.  
(2) A manufacturer of children’s products sold or offered for sale in this state must  provide 
biennial notice to the Oregon Health Authority , of all children’s products t hat contain a high 
priority chemical listed in OAR 333 -016-2020 .  
(3) A manufacturer’s first report is due no later than January 1, 2018.  
Stat. Auth.: OL 2015, ch. 786  
Stats. Implemented: OL 2015, ch. 786  
 
333-016-2010  
Definitions  
(1) "Chemical"  means:  
(a) A substance with a distinct molecular composition and the breakdown products of the 
substance that form through decomposition, degradation or metabolism.  
(b) A group of structurally related substances and the breakdown products of the substances that 
form through decomposition, degradation or metabolism.  
(2) "Children’s cosmetics"  means products that are intended to be rubbed, poured, sprinkled or 
sprayed on, introduced into or otherwise applied to the human body or any part thereof for 
cleansing, moi sturizing, beautifying, promoting attractivene ss or altering the appearance. 
"Children’s cosmetics"  does not mean soap, dietary supplements or food and drugs approved by 
the United States Food and Drug Administration.  
(3)(a) "Children’s product"  means:  
(A) Any of the following products that are made for, marketed for use by or marketed to children 
under 12 years of age:  
(i) A product designed or intended by the manufacturer to facilitate sucking, teething, sleep, 
relaxation, feeding or drinking.  
(ii) Chil dren’s clothing and footwear.  
(iii) Car seats.  
(iv) Children’s cosmetics.  
(v) Children’s jewelry.  Page 2 of 5 
 (vi) Toys.  
(B) Any component pa rt of a product specified in paragraph  (A) of this  subsection .  
(b) "Children’s product"  does not mean:  
(A) Athletic shoe s with cleats or spikes.  
(B) Batteries.  
(C) BB guns, pellet guns and air rifles.  
(D) Bicycles and tricycles.  
(E) Chemistry sets.  
(F) Consumer electronic products, including personal computers, audio and video equipment, 
calculators, wireless telephones  and game consoles, handheld devices that incorporate a video 
screen and are used to access interactive software, and the associated peripherals.  
(G) Interactive software intended for leisure and entertainment, such as computer games, and 
their storage me dia, such as compact discs.  
(H) Model rockets.  
(I) Pocketknives and multitools.  
(J) Roller skates.  
(K) Scooters.  
(L) Sets of darts with metallic points.  
(M) Slings and catapults.  
(N) Snow sporting equipment, including skis, poles, boots, snowboards, sleds and bindings.  
(O) Sporting equipment and accessories, including but not limited to bats, balls, gloves, sticks, 
pucks, pads, helmets and other protective equipment, weight traini ng and exercise aids, 
protective eyewear, backpacks and tents, raingear, sport bags and luggage, and golf equipment.   
(P) Video toys that can be connected to a video screen and are operated at a nominal voltage 
exceeding 24 volts.  
(Q) Food and beverages and food and beverage packaging regulated by the United States Food 
and Drug Administration or the United States Department of Agriculture.  
(4) "These rules"  mean OAR 333 -016-2000 t hrough  333-016-2030.  
Stat. Auth.: OL 2015, ch. 786  
Stats. Implemented: OL 2015, ch. 786  
 
333-016-2020  
Chemicals of High Concern to Children  
The following chemicals are designated as high priority chemicals of concern for children’s 
health when used in children’s products : 
(1) Formaldehyde  (50-00-0). 
(2) Aniline  (62-53-3). 
(3) N-Nitrosodimethylamine  (62-75-9). 
(4) Benzene  (71-43-2). 
(5) Vinyl chloride  (75-01-4). 
(6) Acetaldehyde  (75-07-0). 
(7) Methylene chloride  (75-09-2). 
(8) Carbon disulfide  (75-15-0). 
(9) Methyl ethyl ketone  (78-93-3). 
(10) 1,1,2,2 -Tetrachloroethane  (79-34-5). 
(11) Tetrabromobisphenol A  (79-94-7). Page 3 of 5 
 (12) Bisphenol A  (80-05-7). 
(13) Diethyl phthalate  (84-66-2). 
(14) Dibutyl phthalate  (84-74-2). 
(15) Di -n-hexyl phthalate  (84-75-3). 
(16) Phthalic anhydride  (85-44-9). 
(17) Butyl benzyl phthalate (BBP)  (85-68-7). 
(18) N -Nitrosodiphenylamine  (86-30-6). 
(19) Hexachlorobutadiene  (87-68-3). 
(20) Propyl paraben  (94-13-3). 
(21) Butyl paraben  (94-26-8). 
(22) 2 -Aminotoluene  (95-53-4). 
(23) 2,4 -Diaminotoluene  (95-80-7). 
(24) Methyl paraben  (99-76-3). 
(25) p -Hydroxybenzoic a cid (99-96-7). 
(26) Ethylbenzene  (100-41-4). 
(27) Styrene  (100-42-5). 
(28) 4 -Nonylphenol  (104-40-5); 4-NP and its isomer mixtures including CAS 84852 -15-3 and 
CAS  25154 -52-3. 
(29) para -Chloroaniline  (106-47-8). 
(30) Acrylonitrile  (107-13-1). 
(31) Ethylene glycol  (107-21-1). 
(32) Toluene  (108-88-3). 
(33) Phenol  (108-95-2). 
(34) 2 -Methoxyethanol  (109-86-4). 
(35) Ethylene glycol monoethyl ester  (110-80-5). 
(36) Tris(2 -chloroethyl) phosphate  (115-96-8). 
(37) Di -2-ethylhexyl phthalate  (117-81-7). 
(38) Di -n-octyl  phthalate (DnOP)  (117-84-0). 
(39) Hexachlorobenzene  (118-74-1). 
(40) 3,3’ -Dimethylbenzidine and Dyes Metabolized to 3,3’ -Dimethylbenzidine  (119-93-7). 
(41) Ethyl paraben  (120-47-8). 
(42) 1,4 -Dioxane  (123-91-1). 
(43) Perchloroethylene  (127-18-4). 
(44) Benz ophenone -2 (Bp -2); 2,2’,4,4’ -Tetrahydroxybenzophenone  (131-55-5). 
(45) 4 -tert-Octylphenol; 4(1,1,3,3 -Tetramethylbutyl) phenol  (140-66-9). 
(46) Estragole  (140-67-0). 
(47) 2 -Ethylhexanoic acid  (149-57-5). 
(48) Octamethylcyclotetrasiloxane  (556-67-2). 
(49) Benzene, Pentachloro  (608-93-5). 
(50) C.I. Solvent yellow 14  (842-07-9). 
(51) N -Methylpyrrolidone  (872-50-4). 
(52) 2,2’,3,3’,4,4’,5,5’,6,6’ -Decabromodiphenyl ether; BDE -209 (1163 -19-5). 
(53) Perfluorooctanyl sulphonic acid and its salts; PFOS  (1763 -23-1). 
(54) Phenol, 4 -octyl  (1806 -26-4). 
(55) 2 -Ethyl -hexyl -4-methoxycinnamate  (5466 -77-3). 
(56) Mercury (7439 -97-6) and mercury compounds including methyl mercury (22967 -92-6). Page 4 of 5 
 (57) Molybdenum and molybdenum compounds  (7439 -98-7). 
(58) Antimony and Antimony comp ounds  (7440 -36-0). 
(59) Arsenic and Arsenic compounds  (7440 -38-2), including a rsenic trioxide (1327 -53-3) and 
dimethyl arsenic (75 -60-5). 
(60) Cadmium and cadmium compounds  (7440 -43-9). 
(61) Cobalt and cobalt compounds  (7440 -48-4).  
(62) Tris(1,3 -dichloro -2-propyl)phosphate  (13674 -87-8). 
(63) Butylated hydroxyanisole; BHA  (25013 -16-5). 
(64) Hexabromocyclododecane  (25637 -99-4). 
(65) Diisodecyl phthalate (DIDP)  (26761 -40-0). 
(66) Diisononyl phthalate (DINP)  (28553 -12-0). 
Stat. Auth.: OL 2015, ch. 786, sec. 3  
Stats. Implemented: OL 2015, ch. 786, sec. 3  
 
333-016-2030  
Modifications to the List of High Priority Chemicals of Concern for Children’s Health  
(1) The Oregon Health Authority shall consider  adding a chemical to the list of high priority 
chemicals of concern for children’s health in OAR 333 -016-2020 if that the  chemical , on or after 
the effective date of these rules : 
(a) Has been added to  any of t he following : 
(A) Washington ’s list of Chemicals of High Concern to Children  (WAC 173 -334-130);  
(B) Maine ’s list of Chemicals of High Concern (Maine law 38 § 1693 -A(2)) ; 
(C) Minnesota ’s list of Chemicals of High Concern (Minn. Stat. 2010 116.9401 – 116.9407) ; 
(D) Vermont’s l ist of Chemical s of high concern to children (18 V.S.A. chapter 38A § 1773) ; 
(b) Is subsequently identified by the United States Environmental Protection Agency  (USEPA) 
as being "carcinogenic to humans" , or "likely  to be carcinoge nic to humans"  through USEPA’s 
Integrated  Risk Information System ; 
(c) Has been found to have  a reference dose or reference concentration based on neurotoxicity 
through USEPA’s Integrated Risk Information System ; 
(d) Is subsequently identified in monographs on the Potential Human Reproductive and 
Developmental Effects, United States Office of Health and Human Services National Toxicology 
Program, Office of Health Assessment and Translation as a r eproductive or developmental 
toxicant ; or 
(e) Is subsequently identified by the Centers for D isease Control and Prevention  in its  National 
Report on Human Exposure to Environmen tal Chemicals . 
(2) The Authority shall also consider adding a chemical to the list of high priority chemicals of 
concern for children’s health in OAR 333 -016-2020 if that the chemical, on or after the effective 
date of these rules:  
(a) Is found to have the potential, as demonstrated by credible , peer -reviewed  scientific evidence 
to:   
(A) Harm the normal development of a fetus o r child or cause other developmental toxicity;  
(B) Act as a carcinogen;  
(C) Cause  genetic damage or reproductive harm;  
(D) Disrupt the endocrine system ; 
(E) Damage the nervous sys tem, immune system or organs;  
(F) Cause other systemic toxicity;  Page 5 of 5 
 (G) Be a ve ry persistent  toxic substance by having a half -life greater than or equal to one of the 
following:  
(i) A half -life in soil or sediment of greater than one hundred eighty days . 
(ii) A half -life greater than or equal to sixty days in water or evidence of long-range transport ; or 
(H) Be a very bioaccumulative toxic substance  by having a bioconcentration factor or 
bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a 
log Kow greater than 5.0 ; and  
(b) Has been fo und through:  
(A) Biomonitoring to be present in human blood, umbilical cord blood, breast milk, urine or 
other bodily tissues or fluids;  
(B) Sampling and analysis to be present in household dust, indoor air, drinking water or 
elsewhere in the home environment; or  
(C) Monitoring to be present in fish, wildlife or the natural environment.  
(3) The Oregon Health Authority may remove a chemical from the list if the Authority 
determines that : 
(a) T he chemical is no longer being used in children’s products ; or  
(b) T he chemical has been  remo ved from any of the lists identified in subsection (1) (a) through 
(e) of this rule .  
(4) The list of high priority chemicals of concern for children’s health in OAR 333 -016-2020 
may only be modified by following the Administrative Procedures Act rulemaking process .  
Stat. Auth.: OL 2015, ch. 786, sec. 3  
Stats. Implemented: OL 2015, ch. 786, sec. 3