reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0110 - Labeling of Toys, Including Games

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Labeling, literature, and marking. Known
			 herein as Requirement No. 28. References in these rules to OAR
			 333-016-0110  shall include all subparagraphs of OAR
			 333-016-0110.
			 Labeling requirements of OAR
			 333-016-0115  which are applicable to the product and which are in addition to or more
			 demanding of the manufacturers shall apply in addition to the requirements of
			 this section.
(a) General labeling
			 requirements:
(A) Age grading. Toy packages
			 shall be labeled to indicate the minimum recommended age (by months or by
			 years) of children for whom the toy is intended;
(B) Instructional literature. Information and
			 instructions provided with the toy, whether on the package or in leaflet form,
			 shall be easy to read and understand;
(C) Producers markings. The principal
			 components of toys or containers shall be marked with the name and address of
			 the producer or distributor. This marking shall be legible and so positioned as
			 to be easily seen by the customer and shall resist normal use conditions. Toys
			 shall carry a code which will enable the producer to identify model changes,
			 except for toys comprising many loose components, in which case, the code shall
			 be placed on the permanent storage container.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0120 - Deceptive Use of Disclaimers

Current through Register Vol. 63, No. 7, July 1, 2024
A hazardous substance shall not be deemed to have met the
				requirements of ORS 453.035(2)(a) through (i) if there appears in or on the
				label or in accompanying literature, words, statements, designs, or other
				graphic material that in any manner negates or disclaims any of the label
				statements required by the Act; for example, a statement on a toxic or irritant
				substance, such as "harmless" or "safe around pets".
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0125 - Condensation of Label Information

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever the statement of the principal hazard or hazards
				itself provides the precautionary measures to be followed or avoided, a clear
				statement of the principal hazard will satisfy both the provisions of ORS
				453.035(2)(c) and (d). When the statement of precautionary measures in effect
				provides instruction for first-aid treatment the statement of the precautionary
				measures will satisfy both ORS 453.035(2)(d) and (e).
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0130 - Labeling Requirements for Accompanying Literature

Current through Register Vol. 63, No. 7, July 1, 2024
When any accompanying literature includes or bears any
				directions for use (by printed word, picture, design, or combination of such
				methods), such placard, pamphlet, booklet, book, sign, or other graphic or
				visual device shall bear all the information required by ORS
				453.035(2).
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0135 - Substances Determined to be "Special Hazards" (e.g., to children)

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever the Administrator determines that for a particular
				hazardous substance intended or packaged in a form suitable for use in the
				household or by children, the requirements of ORS 453.035(2) are not adequate
				for the protection of the public health and safety because of some special
				hazard, he shall issue an order by an appropriate means, which specifies such
				reasonable variations or additional label requirements that he finds are
				necessary for the protection of the public health and safety. Such order shall
				specify a date that is not less than 90 days after the order is published
				(unless emergency conditions stated in the order specify an earlier date) after
				which any such hazardous substance intended, or packaged in a form suitable for
				use in the household or by children, that fails to bear a label in accordance
				with such order shall be deemed as a misbranded hazardous
				substance.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0140 - Substances With Multiple Hazards or Other Special Hazards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any article
			 that presents more than one type of hazard (for example, if the article is both
			 "toxic" and "flammable") must be labeled with an affirmative statement of each
			 such hazard; precautionary measures describing the action to be followed or
			 avoided for each such hazard; instructions, when necessary or appropriate, for
			 first-aid treatment of persons suffering from the ill effects that may result
			 from each such hazard; instructions for handling and storage of articles that
			 require special care in handling and storage because of more than one type of
			 hazard presented by the article, or for any other reason, as well as the common
			 or usual name (or the chemical name if there is no common or usual name) for
			 each hazardous component present in the article.
(2) Label information referring to the
			 possibility of one hazard may be combined with parallel information concerning
			 any additional hazards presented by the article, provided that the resulting
			 condensed label statement shall contain all of the information needed for
			 dealing with each type of hazard presented by the article.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0145 - For the Following Substances and at the Following Concentrations, the Word "Poison" is Necessary Instead of any Signal Word

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hydrochloric acid and any preparation
			 containing free or chemicallyunneutralized hydrochloric acid (HC1) in a
			 concentration of ten percent or more.
(2) Sulfuric acid and any preparation
			 containing free or chemically unneutralized sulfuric acid (HSO4) in a
			 concentration of ten percent or more.
(3) Nitric acid or any preparation containing
			 free or chemically unneutralized nitric acid (HNO3) in a concentration of five
			 percent or more.
(4) Carbolic acid
			 (C6H5OH), also known as phenol, and any preparation containing carbolic acid in
			 a concentration of five percent or more.
(5) Oxalic acid and any preparation
			 containing free or chemically unneutralized oxalic acid (COOH22H2O) in a
			 concentration of ten percent or more.
(6) Any salt of oxalic acid and any
			 preparation containing any such salt in a concentration of ten percent or
			 more.
(7) Acetic acid or any
			 preparation containing free or chemically unneutralized acetic acid (CH3COOH)
			 in a concentration of 20 percent or more.
(8) Hypochlorous acid, either free or
			 combined and any preparation containing the same in a concentration that will
			 yield ten percent or more by weight of available chlorine.
(9) Potassium hydroxide and any preparation
			 containing free or chemically unneutralized potassium hydroxide (KOH) including
			 caustic potash and vienna paste (vienna caustic) in a concentration of ten
			 percent or more.
(10) Sodium
			 hydroxide and any preparation containing free or chemically unneutralized
			 sodium hydroxide (NaOH) including caustic soda and lye in a concentration of
			 ten percent or more.
(11) Silver
			 nitrate, sometimes known as lunar caustic and any preparation containing silver
			 nitrate (AgNO3) in a concentration of five percent or more.
(12) Ammonia water and any preparation
			 containing free or chemically uncombined ammonia (NH3) including ammonium
			 hydroxide and "hartshorn" in a concentration of five percent or more.
(13) Arsenic and its preparations, in
			 concentrations that fall within the definition of toxic substance described in
			 OAR
			 333-016-0005(6)(a).
(14) Corrosive sublimate (mercuric-chloride),
			 in concentrations that fall within the definition of toxic substance described
			 in OAR
			 333-016-0005(6)(a).
(15) Cyanides and preparations of cyanides,
			 including hydrocyanic acid, in concentrations that fall within the definition
			 toxic substance described in OAR
			 333-016-0005(6)(a).
(16) Strychnine (C2H22N2O2) in concentrations
			 that fall within the definition of toxic substance described in OAR
			 333-016-0005(6)(a).
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS 453.005 &
				  453.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0150 - Self-Pressurized Containers; Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Self-pressurized containers that fail to bear a warning statement adequate for
			 the protection of the public health and safety may be misbranded under the Act,
			 except as otherwise provided pursuant to ORS 453.035.
(2) The following warning statement will be
			 considered as meeting the requirements of ORS 453.035 if the only hazard
			 associated with an article is that the contents are under pressure:
"WARNING-CONTENTS UNDER PRESSURE. Do not puncture or incinerate
			 container. Do not expose to heat or store at temperatures above 120 degrees
			 Fahrenheit. Keep out of the reach of children"
. The word
"CAUTION"
may be substituted for the word
"WARNING"
.
			 A practical equivalent may be substituted for the statement "Keep out of the
			 reach of children".
(3) That
			 portion of the warning statement set forth in section (2) of this rule in
			 capital letters should be printed on the main (front) panel of the container in
			 capital letters of the type size specified in OAR
			 333-016-0115.
			 The balance of the cautionary statements may appear together on another panel,
			 provided that the front panel also bears a statement such as,
"Read
			 carefully other cautions on ________ panel"
.
(4) If an article has additional hazards,
			 such as skin or eye irritancy, toxicity, or flammability, appropriate
			 additional front and rear panel precautionary labeling is required.
(5) If the article contains a fluorocarbon
			 propellant, it shall bear on its label the additional statement,
"WARNING
			 -- Use only as directed; intentional misuse by deliberately concentrating and
			 inhaling the contents can be harmful or fatal", and "contains
			 fluorocarbons"
.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0155 - Methyl Alcohol-Base Radiator Antifreeze; Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Methyl alcohol-base (methanol-base)
			 radiator antifreeze distributed in containers intended or suitable for
			 household use may be misbranded under the Act if the containers fail to bear a
			 warning statement adequate to the protection of the public health and safety,
			 except as otherwise provided pursuant to ORS 453.025.
(2) The following warning statement will be
			 considered as meeting the requirements of ORS 453.005 to 453.135 with respect
			 to methyl alcohol-base radiator antifreeze when the only hazard foreseeable is
			 that caused by the methyl alcohol content and when the article has a flashpoint
			 in the "flammable" range as that term is defined in ORS 453.005:
"DANGER -- POISON (Skull and Crossbones Symbol) MAY BE
				FATAL OR CAUSE BLINDNESS IF SWALLOWED
FLAMMABLE -- VAPOR HARMFUL
Contains methyl alcohol (methanol). Cannot be made
				nonpoisonous. Avoid contact with eyes. Use only in a well-ventilated area. Keep
				away from heat and open flame. Do not store in open or unlabeled containers.
				First-aid: In case of contact with eyes, flush thoroughly with water. If
				swallowed, induce vomiting (give a tablespoonful of salt in a glass of warm
				water). Repeat until vomit fluid is clear. Call a physician immediately. Keep
				out of reach of children".
(3) The words that are in capital letters in
			 the warning statement set forth in section (2) of this rule shall be printed on
			 the main (front) panel or panels of the container in capital letters of the
			 type size specified in OAR
			 333-016-0115,
			 except that the word
"POISON"
and the skull and crossbones symbol
			 may appear on another panel with the balance of the cautionary information. The
			 balance of the cautionary statements may appear together on another panel,
			 provided the front panel bears a statement such as,
"Read carefully other
			 cautions on _____ panel"
.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS 453.005, 453.015, 453.025, 453.035,
				  453.045, 453.055, 453.065, 453.075, 453.085, 453.095, 453.105, 453.115, 453.125  & 453.135
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0160 - Ethylene Glycol-Base Radiator Antifreeze; Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ethylene glycol-base radiator antifreeze
			 distributed in containers intended or suitable for household use may be
			 misbranded under the Act if the containers fail to bear the following warning
			 statements which the Administrator considers necessary for the protection of
			 the public health and safety, and which will be considered as meeting the
			 requirements of ORS 453.005 to 453.135 with respect to ethylene glycol-base
			 radiator antifreeze, with and without added sodium arsenite of over 0.01
			 percent by weight, when the only hazard foreseeable is by the ethylene glycol
			 and (if present) the added sodium arsenite:
(a) Ethylene glycol antifreeze containing
			 less than 0.01 percent by weight of sodium arsenite:
"WARNING -- HARMFUL OR FATAL IF SWALLOWED
"Do not drink antifreeze or solution. If swallowed,
				induce vomiting immediately. Call a physician. Ethylene glycol base. Do not
				store in open or unlabeled containers. Keep out of reach of
				children."
(b)
			 Ethylene glycol antifreeze containing 0.01 percent but no more than one percent
			 by weight of sodium arsenite:
"WARNING -- HARMFUL OR FATAL IF SWALLOWED
"Do not drink antifreeze or solution. If swallowed,
				induce vomiting immediately. Call a physician. Ethylene glycol base containing
				sodium arsenite (less than on percent).
Antidote for sodium arsenite: Dimercaprol (BAL) to be
				administered only by a physician.
Do not store in open or unlabeled containers. Keep out
				of reach of children".
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0165 - Extremely Flammable Contact Adhesives; Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Extremely flammable contact adhesives,
			 also known as contact bonding cements, when distributed in containers intended
			 or suitable for household use may be misbranded under the Act if the containers
			 fail to bear a warning statement adequate for the protection of the public
			 health and safety.
(2) The
			 following warning statement is considered as a minimum cautionary labeling
			 adequate to meet the requirements of ORS 453.005 to 453.135 of the Act with
			 respect to containers of more than one-half pint of contact adhesive and
			 similar liquid or semiliquid articles having a flashpoint at or below 20
			 degrees Fahrenheit as determined by the method in
			 333-016-0035  when the only hazard foreseeable is that caused by the extreme flammability of
			 the mixture:
"DANGER EXTREMELY FLAMMABLE VAPORS MAY CAUSE FLASH
				FIRE
Vapors may ignite explosively. Prevent build-up of
				vapors -- open all windows and doors -- use only with cross ventilation. Keep
				away from heat, sparks, and open flame. Do not smoke, extinguish all flames and
				pilot lights, and turn off stoves, heaters, electric motors, and other sources
				of ignition during use and until all vapors are gone.
Close container after use.
Keep out of the reach of children".
(3) The words that are in capital
			 letters in the warning statement set forth in section (2) of this rule shall be
			 printed on the main (front) panel or panels of the container in capital letters
			 of the type size specified in OAR
			 333-016-0115.
			 The balance of the cautionary information may appear together on another panel,
			 provided the front panel bears a statement such as,
"Read carefully other
			 cautions on ______panel"
, the blank being filled in with the
			 identification of the specific label panel bearing the balance of the
			 cautionary labeling. It is recommended that a borderline be used in conjunction
			 with the cautionary labeling.
(4)
			 If an article has additional hazards, or contains ingredients listed in OAR
			 333-016-0065  as requiring special labeling, appropriate additional front and rear panel
			 precautionary labeling is required.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS 453.005, 453.015, 453.025, 453.035,
				  453.045, 453.055, 453.065, 453.075, 453.085, 453.095, 453.105, 453.115, 453.125  & 453.135
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0170 - Procedural Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Procedure for the issuance, amendment, or repeal of rules
				declaring particular substances to be hazardous substances or banned hazardous
				substances shall be as specified in ORS Chapter 183 and the Attorney General's
				Model Rules of Procedure thereunder.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.095
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0175 - Prohibited Acts and Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of these rules with respect to the doing of any
				act shall be applicable also to the causing of such act to be
				done.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS 453.085 &
				  453.095
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0180 - Guaranty

Current through Register Vol. 63, No. 7, July 1, 2024
In case of the giving of a guaranty or undertaking referred to
				in ORS 453.085(5), each person signing such guaranty or undertaking or causing
				it to be signed, shall be considered to have given it. Each person causing a
				guaranty or undertaking to be false is chargeable with violation of ORS
				453.085(5).
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.085
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0185 - Examinations and Investigations; Samples

Current through Register Vol. 63, No. 7, July 1, 2024
When any officer or employee of the Public Health Division
				collects a sample of a hazardous substance for analysis under the Act, the
				sample shall be designated as an official sample if records or other evidence
				is obtained by him or any other officer or employee of the Public Health
				Division, indicating that the shipment or other lot of the article from which
				such sample was collected was introduced or delivered for introduction into
				this state or was in or was received in this state. Only samples so designated
				by an employee of the Public Health Division shall be considered to be official
				samples. All employees shall pay or offer to pay the owner, operator, or agent
				in charge, their cost for any such sample and give a receipt describing the
				sample obtained. For the purpose of determining whether or not a sample is
				collected for analysis, the term "analysis" includes examinations and tests.
				The owner of a hazardous substance of which an official sample is collected is
				the person who owns the shipment or other lot of the article from which the
				sample is collected.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  453.105
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0190 - Administrator" Intended to Include "State Public Health Officer"

Current through Register Vol. 63, No. 7, July 1, 2024
Wherever in the foregoing rules OAR
				333-016-0005  through
				333-016-0185 the term "Administrator" is used, it is intended to also include and shall be
				deemed to additionally refer to the "State Public Health Officer" as defined in
				ORS 431.045.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS
				  431.045
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OL 2015, ch. 786, sec. 3
Stats. Implemented: OL 2015, ch. 786, sec.
				  3
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2001 - Toxic Free Kids Program; Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 333-016-2001  to 333-016-3080  implement the Toxic Free Kids Act established by the Legislature in ORS
			 431A.253 to
			 431A.280.
			 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) These rules apply to any children's
			 product sold or offered for sale in Oregon by a manufacturer on or after
			 January 1, 2017 that contains a high priority chemical listed in OAR
			 333-016-2020.
Statutory/Other Authority: ORS
				  431A.253 - 431A.280  & ORS
				  413.042
Statutes/Other Implemented: ORS
				  431A.253 -
				  431A.280
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 333-016-2001  to
				333-016-3080.
(1) "Alternatives
			 Assessment" or "AA" as described in OAR 333-016-3060  means the evaluation of
			 the possibility of replacing chemicals in products or processes with inherently
			 safer alternatives in order to better protect human health.
(2) "Analytical methods" means defined
			 protocols for the analysis of the presence of a HPCCCH in a sample of a medium,
			 including laboratory testing that can be described and is readily reproducible
			 by another party.
(3)
			 "Bioavailability" means the extent to which a HPCCCH at or above the practical
			 quantification limit for the chemical established in OAR 333-016-2035(2)
 
			 Exhibit A in leachate or air may be absorbed by a child.
(4) "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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2030 - Modifications to the List of High Priority Chemicals of Concern for Children's Health

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Health Authority (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
			 the chemical:
(a) Has been added to any of the
			 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 list of Chemicals of high
			 concern to children (18 V.S.A. chapter 38A § 1773);
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2035 - Manufacturer Disclosure of High Priority Chemicals of Concern for Children's Health Used in Children's Products: Practical Quantification Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The practical
			 quantification limit for a chemical that is a contaminant is 100 parts per
			 million.
(2) The practical
			 quantification limits for intentionally added chemicals are the limits
			 established in Exhibit A, incorporated by reference.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  431A.253 -
				  431A.280
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2060 - Notification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, "unit" has the same meaning as "component part" as that
			 is defined in OAR 333-016-2010.
(2)
			 A manufacturer of a children's product sold or offered for sale in this state
			 that contains a HPCCCH listed in OAR 333-016-2020  as an individual chemical or
			 a member of a class or subclass of chemicals, in an amount at or above a de
			 minimis level must submit:
(a) A notice to
			 the Oregon Health Authority (Authority) that contains all the information
			 required in these rules, unless the manufacturer or product is exempt;
			 and
(b) A nonrefundable fee of $250
			 for the notification of each HPCCCH as specified in OAR
			 333-016-2080.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2065 - Formal Communications Regarding Toxic Free Kids

Current through Register Vol. 63, No. 7, July 1, 2024
Formal communication between manufacturers or trade
				associations and the Authority relating to waiver, chemical substitution,
				chemical removal, or exemption requests, and their fees, shall be to and from
				ToxicFreeKids.Program@dhsoha.state.or.us.
Statutory/Other Authority: ORS
				  413.042 & ORS
				  431A.258
Statutes/Other Implemented: ORS
				  431A.258
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2070 - Exemptions from Notice Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A manufacturer of children's products
			 with annual worldwide gross sales of less than $5 million, as reported on the
			 most recent tax return filed by the manufacturer before the notification
			 required under OAR 333-016-2060, is exempt from all the requirements of these
			 rules.
(2) If, following the filing
			 of the most recent tax return, a manufacturer's annual worldwide gross sales
			 are $5 million or more, the manufacturer must submit a notice as required under
			 OAR 333-016-2060. The notice must be submitted during the next applicable
			 reporting period or within 180 days of the filing, whichever is
			 later.
(3) A manufacturer or trade
			 association may submit to the Authority a request for an exemption from these
			 rules if the HPCCCH in a children's product is present only as a contaminant at
			 or above the de minimis level, and a manufacturing control program (MCP) is in
			 place. A request for an exemption must be accompanied by any applicable fees in
			 OAR 333-016-2080.
(a) An exemption request
			 submitted by a trade association on behalf of its members must identify each
			 member for which the exemption is being requested, including the name and
			 contact information of a representative for each of those members.
(b) A request for an exemption from these
			 rules by any entity must be received by the Authority before the last day
			 (December 31st) of the two-year biennial notice period.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2080 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 fees are established:
(a) Notification. A
			 nonrefundable fee of $250 for the notification of each HPCCCH reported to the
			 Authority under OAR 333-016-2060(1).
(b) Exemption request made under OAR
			 333-016-2070(3)  or an amendment to an exemption request under OAR
			 333-016-2070(14)(b):
(A) A non-refundable fee
			 of $1,500; and
(B) $200 per hour
			 for review of an MCP.
(c) Request for waiving requirement to remove
			 or substitute chemicals:
(A) A non-refundable
			 fee of $1,500; and
(B) $200 per
			 hour for review of an Alternatives Assessment or a Quantitative Exposure
			 Assessment.
(d) Request
			 to substitute chemicals:
(A) A non-refundable
			 fee of $1,500; and
(B) $200 per
			 hour for review of a Hazard Assessment conducted with an alternative
			 methodology under OAR 333-016-3030(4).
(e) A non-refundable fee of $1,500 for a
			 request to be exempt from removal or substitution requirements under OAR
			 333-016-3015.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-2090

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  431A.275  & ORS
				  413.042
Statutes/Other Implemented: ORS
				  431A.275
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3010 - Removal or Substitution of High Priority Chemicals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On or before the date on which a
			 manufacturer of a children's product must submit the third biennial notice
			 required under OAR 333-016-2060  for a HPCCCH that is present in a children's
			 product, the manufacturer must remove or make a substitution, or seek a waiver
			 under OAR 333-016-3040  if the HPCCCH is present in a children's product that
			 is:
(a) Mouthable;
(b) A children's cosmetic; or
(c) Made for, marketed for use by or marketed
			 to children under three years of age.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3015 - Exemptions from Removal or Substitution Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule "children's
			 product" is a children's product as defined in ORS
			 431A.253 that is:
(a) Mouthable;
(b) A children's cosmetic; or
(c) Made for, marketed for use by or marketed
			 to children under three years of age.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3020 - Requirements for Chemical Substitution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule a "children's
			 product" is a children's product as defined in OAR 333-016-3015(1)  that is:
(a) Mouthable;
(b) A children's cosmetic; or
(c) Made for, marketed for use by or marketed
			 to children under three years of age.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3030 - Hazard Assessment for Substitute Chemicals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A manufacturer must conduct a Hazard
			 Assessment (HA) of the substitute chemical that includes:
(a) A report:
(A) By a Licensed GreenScreen Profiler using
			 GreenScreen® for Safer Chemicals Hazard Assessment Guidance (GreenScreen
			 methodology) that assesses the hazard level of the substitute chemical or
			 chemicals; or
(B) Using an
			 Authority approved methodology as described in section (4) of this
			 rule.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3040 - Waiver from Removal or Substitution Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of applying for a waiver
			 from the removal or substitution requirement in ORS
			 431A.260"children's product" is a children's product that is:
(a) Mouthable;
(b) A children's cosmetic; or
(c) Made for, marketed for use by or marketed
			 to children under three years of age.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3050 - Quantitative Exposure Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule, "inaccessible" means a HPCCCH that cannot be
			 absorbed, swallowed, mouthed, or inhaled through normal and reasonably
			 foreseeable use and abuse of the product.
(2) A Quantitative Exposure Assessment (QEA)
			 must demonstrate that a HPCCCH in a children's product is not reasonably
			 anticipated to result in exposure to a child based on an analysis of the
			 leachability and bioavailability of the HPCCCH.
(3) A QEA may be done in two steps, as
			 follows:
(a) A description of exposure
			 scenario(s) that demonstrates that a HPCCCH in a children's product is
			 inaccessible to the consumer or otherwise could not reasonably be anticipated
			 to be transferred to or into a child's body through a completed exposure
			 pathway because of leachability and bioavailability of a HPCCCH from the
			 children's product. Exposure scenarios must focus on the reasonably foreseeable
			 use and abuse of the specified children's product.
(b) If the manufacturer determines that the
			 exposure scenarios, through reasonably foreseeable use and abuse of the
			 specified children's product, are reasonably anticipated to result in a
			 completed exposure pathway to a child regardless of the amount of HPCCCH
			 potentially transferred, the manufacturer shall submit information on the
			 leachability and bioavailability of HPCCCH from a product, including
			 measurements of the concentration of a HPCCCH in the simulated media such as
			 saliva, sweat, or digestive fluid appropriate for the exposure scenarios, using
			 analytical methods relevant to the chemical and the product. The manufacturer
			 must also submit a copy of any analytical test results for the HPCCCH in each
			 media tested that include:
(A) The specific
			 analytical methods or source of information utilized to determine the
			 concentration of the HPCCCH in media relevant for each exposure
			 pathway.
(B) The detection limit
			 for each HPCCCH for each analytical instrument used for the testing in each
			 medium tested.
(c) If a
			 manufacturer determines that, based on exposure scenarios, a HPCCCH is
			 inaccessible or cannot reasonably be anticipated to be transferred to or into a
			 child's body through a completed exposure pathway because of leachability and
			 bioavailability and only conducts the first step of the QEA as described in
			 section (3)(a) of this rule, the manufacturer shall provide a detailed report
			 and analysis to the Oregon Health Authority (Authority) that demonstrates to
			 the Authority's satisfaction, that a child would not be exposed to a
			 HPCCCH.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3060 - Alternatives Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 Alternatives Assessment (AA) must evaluate the possibility of replacing
			 chemicals in products or processes with an inherently safer alternative, in
			 order to better protect and enhance human health.
(2) A manufacturer must conduct an AA by
			 doing a Hazard Assessment (HA), Quantitative Exposure Assessment (QEA),
			 technical feasibility assessment, and financial feasibility assessment,
			 starting with an HA, except as specified in section (3) of this rule. The three
			 remaining assessments may be conducted in any order.
(3) If, after HA and technical feasibility
			 assessments are conducted, an alternate chemical substitute or substitutes is
			 not found to be technically feasible, the financial feasibility assessment is
			 not required.
(4) The HA for
			 purposes of an AA must be conducted in accordance with OAR
			 333-016-3030.
(5) The QEA for
			 purposes of an AA must be conducted in accordance with OAR
			 333-016-3050.
(6) To substantiate a
			 claim that removal of a HPCCCH or substitution of a HPCCCH in a children's
			 product with a less hazardous chemical is not technically feasible, a
			 manufacturer must provide to the Authority the following for each HPCCCH in a
			 children's product:
(a) A detailed analysis of
			 the role of each HPCCCH in the product specified by function, its application
			 in the product (in a material, component, or manufacturing process) and whether
			 the HPCCCH or function is non-essential, substitutable, essential, or a
			 contaminant;
(b) For HPCCCH roles
			 labeled as substitutable or non-essential, an explanation with supporting
			 evidence shall be provided that justifies retaining the HPCCCH in the
			 children's product;
(c) A detailed
			 analysis of the role played by each HPCCCH if labeled as non-essential,
			 substitutable, or essential in the product for the reliability, quality, useful
			 life and acceptability to consumers of the product; and
(d) After an AA is conducted, a detailed
			 explanation of why it not technically feasible for any identified alternate
			 chemical substitutes to fulfill the roles specified in subsections (a) through
			 (c) of this section.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3070 - Trade Secrets

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 manufacturer submits information to the Authority in order to comply with these
			 rules that the manufacturer believes is a trade secret, the manufacturer must
			 mark the information "confidential - trade secret."
(2) If the Authority receives a public
			 records request for information submitted by a manufacturer, it will review all
			 documents submitted by the manufacturer to determine whether the documents
			 contain trade secrets that would be exempt from disclosure under Oregon's
			 Public Records Act, ORS
			 192.501.
(3) For purposes of this rule "trade secret"
			 has the meaning given that term in ORS
			 192.501.
Statutory/Other Authority: ORS
				  192.501, ORS
				  413.042 & ORS
				  431A.253 -
				  431A.280
Statutes/Other Implemented: ORS
				  431A.253 -
				  431A.280
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-3080 - Enforcement and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Authority may impose a civil penalty on a manufacturer for a violation of
			 any provision of ORS
			 431A.258,
			 431A.260 or
			 431A.263,
			 or these rules. A civil penalty may not exceed:
(a) $2,500 for the first violation.
(b) $5,000 for the second and each subsequent
			 violation.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 17 - DISEASE CONTROL (DEFINITIONS AND REFERENCES) › Section 333-017-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR chapter 333, divisions 17, 18 and 19,
				unless the context requires otherwise or a rule contains a more specific
				definition, the following definitions shall apply.
(1) "AIDS": AIDS is an acronym for acquired
			 immunodeficiency syndrome. An individual is considered to have AIDS when their
			 illness meets criteria published in Morbidity and Mortality Weekly Report,
			 Volume 41, Number RR-17, pages 1-4, December 18, 1992.
(2) "Animal suspected of having rabies": An
			 animal is suspected of having rabies when:
(a)
			 It is a dog, cat, or ferret not known to be satisfactorily vaccinated against
			 rabies (as defined in OAR 333-019-0017), or it is any other mammal;
			 and
(b) It exhibits one or more of
			 the following aberrant behaviors or clinical signs: unprovoked biting of
			 persons or other animals, paralysis or partial paralysis of limbs, marked
			 excitation, muscle spasms, difficulty swallowing, apprehensiveness, delirium,
			 or convulsions; and it has no other diagnosed illness that could explain the
			 neurological signs.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 17 - DISEASE CONTROL (DEFINITIONS AND REFERENCES) › Section 333-017-0005 - Reference Documents

Current through Register Vol. 63, No. 7, July 1, 2024
The following publication, which is available for inspection at
				the Public Health Division, is incorporated by reference in whole or in part in
				OAR chapter 333, divisions 12, 17, 18, and 19: "Investigative Guidelines":
				Investigative Guidelines for Reportable Diseases, published on an ongoing basis
				by the Division's Center for Public Health Practice.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  413.042,
				  433.004,
				  433.329,
				  616.745  & 624.080
Statutes/Other Implemented: ORS
				  413.042,
				  433.004,
				  433.329,
				  616.745  & 624.080
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 18 - DISEASE REPORTING › Section 333-018-0000 - Who Is Responsible for Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each health care provider knowing of or
			 attending a human case or suspected human case of any of the diseases,
			 infections, or conditions listed in OAR 333-018-0015  shall report such cases as
			 specified. Where no health care provider is in attendance, any individual
			 knowing of such a case shall report in a similar manner. An individual required
			 to report reportable diseases who is unsure whether a case meets the definition
			 of a suspect case as that is defined in OAR 333-017-0000  should err on the side
			 of reporting if the suspected disease, infection, or condition is one that:
(a) Is required to be reported immediately or
			 within 24 hours under OAR 333-018-0015;
(b) Is highly transmissible; or
(c) Results in serious or severe health
			 consequences.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 18 - DISEASE REPORTING › Section 333-018-0005 - To Whom Reports Shall Be Made

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an individual who is the subject of a
			 report is an Oregon resident or temporarily resides in Oregon, reports shall be
			 made to the local public health administrator for the patient's county of
			 residence, except for laboratory reports that must be reported by laboratories
			 in accordance with OAR 333-018-0013.
(2) In urgent situations when local public
			 health staff are unavailable, case reports shall be made directly to the
			 Authority.
(3) Reports for an
			 individual who is not an Oregon resident or who does not reside in Oregon may
			 not be made to the Oregon local public health administrator or the Authority,
			 but shall be made to the jurisdictional public health authority of the
			 patient's residence.
Statutory/Other Authority: ORS
				  431.110,
				  433.001,
				  433.004  & 433.006
Statutes/Other Implemented: ORS
				  431.110,
				  433.001,
				  433.004,
				  433.006  & 433.106
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 18 - DISEASE REPORTING › Section 333-018-0010 - Form of the Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A health care
			 provider required to report reportable diseases under ORS
			 433.004 and these rules shall
			 submit to the local public health administrator a report that includes but is
			 not limited to:
(a) The identity, address, and
			 telephone number of the person reporting;
(b) The identity, address, and telephone
			 number of the attending health care provider, or other treating health care
			 provider if any;
(c) The name of
			 the person affected or ill, that person's current address, telephone number,
			 and date of birth;
(d) The
			 diagnosed or suspected disease, infection, or condition; and
(e) The date of illness onset.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 18 - DISEASE REPORTING › Section 333-018-0011

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  413.042 & Oregon Laws 2020,
				  1st Special Session, Chapter 12, Sections 40-41
Statutes/Other Implemented: Oregon Laws 2020, 1st Special
				  Session, Chapter 12, Sections 40-41
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 18 - DISEASE REPORTING › Section 333-018-0013 - Electronic Laboratory Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensed laboratory that, pursuant to ORS 433.004 and OAR chapter 333, division
			 18, sends an average of greater than 30 records per month to the local public
			 health administrator shall electronically send all reportable disease data to
			 the Authority in accordance with the standards set forth in the Authority's
			 Manual for Mandatory Electronic Laboratory Reporting, dated February 2009, and
			 incorporated by reference.
(2)
			 Prior to reporting data electronically, a licensed laboratory shall seek and
			 obtain approval from the Authority for its electronic reporting, in accordance
			 with the Authority's Manual for Mandatory Electronic Laboratory
			 Reporting.
(3) A licensed
			 laboratory that fails to seek approval from the Authority for electronic
			 reporting or fails to obtain approval within one year from seeking approval
			 from the Authority may be subject to civil penalties in accordance OAR
			 333-026-0030.
(4) A licensed laboratory that is required to
			 report data electronically shall have a state-approved continuity of operations
			 plan for reporting continuity in the event of emergency situations disrupting
			 electronic communications. At least two alternative methodologies should be
			 incorporated, such as facsimile, mail, or courier service.
(5) A licensed laboratory required to report
			 data electronically shall participate fully in Oregon's Data Quality Control
			 program, as specified in the Authority's Manual for Mandatory Electronic
			 Laboratory Reporting.
(6)
			 Electronic reports shall meet the reporting timelines in OAR chapter 333,
			 division 18.
Stat. Auth.: ORS 413.042 & 433.004
Stats. Implemented: ORS
				  433.004