2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 431A - Public Health Programs and Activities › Section 431A.258 - Disclosure by manufacturers; notice requirement; exemption.

(1)(a) A manufacturer of a children’s product sold or offered for sale in this state that contains a chemical or member of a class of chemicals included on the list established and maintained under ORS 431A.255 in an amount at or above a de minimis level shall provide a biennial notice as described in subsection (2) of this section to the Oregon Health Authority by January 31 of each applicable notice year.
(b) The first biennial notice required under this section shall be submitted to the authority by January 31 of the year following the year that the chemical contained in the children’s product sold or offered for sale in this state is added to the list.
(2) The notice required by subsection (1) of this section must contain:
(a) The name and Chemical Abstracts Service Registry Number of the chemical contained in the children’s product;
(b) The product category of the children’s product that contains the chemical;
(c) A description of the function of the chemical in the children’s product;
(d) The amount of the chemical used in each unit of the children’s product reported as a range rather than an exact amount;
(e) The name and address of the manufacturer, and the name, address and telephone number of a contact person for the manufacturer; and
(f) Any other information that the manufacturer deems relevant to the appropriate use of the children’s product.
(3)(a) The authority may enter into reciprocal data sharing agreements with other states in which manufacturers of children’s products are required to disclose information related to high priority chemicals of concern for children’s health used in children’s products. The authority must use the GS1 Global Product Classification system to identify and specify product categories subject to the data sharing agreements. If the authority has entered into a data sharing agreement with another state, and a manufacturer has reported the information required in the notice described in subsection (2) of this section to that state, the manufacturer may request that the other state provide the authority with the information in lieu of the manufacturer’s direct reporting of the information to the authority.
(b) A manufacturer fulfills the notice requirement of subsection (1) of this section when the authority receives the information from the other state and the authority determines that the information received satisfies the requirements for the notice specified in subsection (2) of this section.
(4) In lieu of the manufacturer’s providing notice to the authority under subsection (1) or (3) of this section, the authority may require that the notice described in subsection (2) of this section be submitted to the Interstate Chemicals Clearinghouse. The authority by rule shall specify procedures for the provision of such notice by manufacturers to the Interstate Chemicals Clearinghouse.
(5)(a) The authority shall grant an exemption to a manufacturer of children’s products that applies for an exemption from the notice requirements of this section if the application demonstrates that:
(A) The high priority chemical of concern for children’s health used in children’s products is present in the children’s product otherwise subject to the notice requirements of this section only as a contaminant;
(B) The manufacturer conducts a manufacturing control program for the contaminant; and
(C) The manufacturing control program meets minimum standards for a manufacturing control program as set forth by the authority by rule.
(b) The authority shall approve or disapprove an exemption application within 180 days after its submittal. If the authority fails to act within 180 days, the exemption application is deemed approved. If the authority disapproves an exemption application, the manufacturer may submit a revised exemption application for consideration within 180 days after the authority’s disapproval.
(6) A trade association may provide required notices on behalf of its member manufacturers under the provisions of this section.
(7) When a manufacturer provides notice to the authority under the provisions of this section, the manufacturer may submit recommendations to the authority regarding technical, financial or logistical support deemed necessary for innovation and green chemistry solutions related to high priority chemicals of concern for children’s health used in children’s products. [2015 c.786 §4; 2023 c.426 §3]
Note:
The amendments to 431A.258 by section 4, chapter 426, Oregon Laws 2023, become operative January 1, 2025, and apply to notices due to be submitted to the Oregon Health Authority on or after January 31, 2026. See section 8, chapter 426, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.
(1)(a) A manufacturer of a children’s product sold or offered for sale in this state that contains a chemical or member of a class of chemicals included on the list established and maintained under ORS 431A.255 in an amount at or above a de minimis level shall provide a biennial notice as described in subsection (2) of this section to the Oregon Health Authority by January 31 of each applicable notice year.
(b) The first biennial notice required under this section shall be submitted to the authority by January 31 of the year following the year that the chemical contained in the children’s product sold or offered for sale in this state is added to the list.
(2) The notice required by subsection (1) of this section must contain:
(a) The name and Chemical Abstracts Service Registry Number of the chemical contained in the children’s product;
(b) The brand name, model and product category of the children’s product that contains the chemical;
(c) A description of the function of the chemical in the children’s product;
(d) The amount of the chemical used in each unit of the children’s product reported as a range rather than an exact amount;
(e) The name and address of the manufacturer, and the name, address and telephone number of a contact person for the manufacturer; and
(f) Any other information that the manufacturer deems relevant to the appropriate use of the children’s product.
(3)(a) The authority may enter into reciprocal data sharing agreements with other states in which manufacturers of children’s products are required to disclose information related to high priority chemicals of concern for children’s health used in children’s products. The authority must use the GS1 Global Product Classification system to identify and specify product categories subject to the data sharing agreements. If the authority has entered into a data sharing agreement with another state, and a manufacturer has reported the information required in the notice described in subsection (2) of this section to that state, the manufacturer may request that the other state provide the authority with the information in lieu of the manufacturer’s direct reporting of the information to the authority.
(b) A manufacturer fulfills the notice requirement of subsection (1) of this section when the authority receives the information from the other state and the authority determines that the information received satisfies the requirements for the notice specified in subsection (2) of this section.
(4) In lieu of the manufacturer’s providing notice to the authority under subsection (1) or (3) of this section, the authority may require that the notice described in subsection (2) of this section be submitted to the Interstate Chemicals Clearinghouse. The authority by rule shall specify procedures for the provision of such notice by manufacturers to the Interstate Chemicals Clearinghouse.
(5)(a) The authority shall grant an exemption to a manufacturer of children’s products that applies for an exemption from the notice requirements of this section if the application demonstrates that:
(A) The high priority chemical of concern for children’s health used in children’s products is present in the children’s product otherwise subject to the notice requirements of this section only as a contaminant;
(B) The manufacturer conducts a manufacturing control program for the contaminant; and
(C) The manufacturing control program meets minimum standards for a manufacturing control program as set forth by the authority by rule.
(b) The authority shall approve or disapprove an exemption application within 180 days after its submittal. If the authority fails to act within 180 days, the exemption application is deemed approved. If the authority disapproves an exemption application, the manufacturer may submit a revised exemption application for consideration within 180 days after the authority’s disapproval.
(6) A trade association may provide required notices on behalf of its member manufacturers under the provisions of this section.
(7) When a manufacturer provides notice to the authority under the provisions of this section, the manufacturer may submit recommendations to the authority regarding technical, financial or logistical support deemed necessary for innovation and green chemistry solutions related to high priority chemicals of concern for children’s health used in children’s products.