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Date:            July 1 6, 2018 
 
TO:  Interested Parties  
 
FROM:  Brett Sherry , Program Manager  
  Toxic Free Kids Program  
   
RE: Notice of Proposed Rulemaking – OAR 333- 016  
“Toxic Free Kids Rule Revision”  
________________________________________________________________  
The Oregon Health Authority (Authority), Public Health Division i s proposing to 
permanently amend administrative rules in chapter 333, division 16 related to the Toxic 
Free Kids Act .  
 
ORS 431A.250 requires manufacturers of children’s products to disclose high priority 
chemicals of concern for children’s health used in children’s products that are sold or 
offered for sale in Oregon.  To improve the law’s implem entation and in accordance 
with its provisions , the Authority proposes to amend Oregon Administrative R ules 
pertaining to the following: the list of Chemicals of High Concern for Children’s Health;  
Notification Requirements; Enforcement and Civil Penalties; and Fees.  
 
Proposed amendments to OAR chapter 333, division 16 include:  
• The addition of f ive high priority chemicals  to (and three removed from ) the 
Chemicals of High Concern for Children’s Healt h list (OAR 333- 016-2020); 
• A priority order of those entities responsible for providing product notifications , 
per OAR 333- 016-2060,  is specified.  The same priority order will be used for 
enforcement purposes , per OAR 333- 016-2090;  
• A requirement that product notifications include the number of children’s products  
containing high priority chemicals  either sold or offered for sal e in Oregon in the 
notice period;  
• Clarification that only one entity  that meets the definition of manufacturer is 
required to report a particular  children’s product, per OAR 333- 016-2060;  
• Alignment of the Exemption Request Review Fee in OAR 333- 016-2080 
(increments of $12,000) with the fee resulting from the passage of HB 5027 in 
2017 of ($200 per hour ).  
 
You are invited to review and comment on the proposed rules. If you wish to present 
oral testimony, a public hearing will be held on August 16, 2018 at 9:00 a.m.  at   
PUBLIC HEALTH DIVISON  
Center for Health Protection, Environmental Public Health   
 Kate Brown,  Governor  
800 NE Oregon St Ste 640  
Portland OR 97232 
971-673-3284 
FAX: 971-673-0979 
TTY: 711  
 
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 the Portland State Office Buil ding, 800 NE Oregon St., Room 1D , Portland, OR 
97232.  
 
You ma y also file written comments before 5:00 p.m. on August 22, 2018, by 
submitting them to the Public Health Division Rules Coordinator at the following 
address:  
OHA, Public Health Division 
Brittany Hall, Administrative Rules Coordinator  
800 NE Oregon Street,  Suite 930 
Portland, Oregon 97232 
 
E-mail comments to: publichealth.rules@state.or.us  
You may also send comments by fax to (971) 673- 1299.  
 
Final rules will be filed after consideration of all comments.  
 
For more details, please see the Notice of Proposed Rulemaking Hearing, Statement of 
Need and Fiscal Impact, and the full text of the proposed rules at the following website: 
http://www.healthoregon .org/toxicfreekids . 
 
If you have questions or would like a paper copy of thes e rule changes, please contact  
Justin Waltz at 971- 673-1217 or justin.waltz@state.or.us . Thank  you for your continued 
support.