Children’s Products Facing Deadline for Compliance with Key Part of Oregon’s Toxic-Free Kids Act

News & Events

November 11, 2021


Alternative Assessment, Regulatory Compliance,

Product and Consumer Safety, Children’s Products


Children’s Products Facing Deadline for Compliance with Key Part of Oregon’s Toxic-Free Kids Act

By December 31, 2021, manufacturers of three categories of children’s products containing any of 64 high priority chemicals or classes of chemicals of concern for children’s health (HPCCCH) will either have to replace those chemicals with less hazardous alternatives or petition the state to be allowed to continue selling the products in Oregon. The requirement will apply to manufacturers who have reported the presence of the chemical(s) in their product(s) during last 3 biennial reporting cycles. This is a unique requirement beyond the reporting function the Oregon Law shares with similar programs in the states of Washington, Vermont and New York.

The three product categories subject to this part of the regulation are:

  • Mouthable children’s products
  • Children’s cosmetics
  • Products made or marketed to children under three years of age

Petitions to continue sale of the product with the HPCCCH can take the form of a request for regulatory exemption (e.g., the product is already covered by certain ASTM standards or CPSC regulations) or a waiver (see figure below). A waiver requires that the company conduct a quantitative exposure assessment (QEA) demonstrating exposure below specified detection limits or an alternatives assessment demonstrating that chemical substitutes are not feasible from a hazard, technical, or cost standpoint. Companies which are unable to seek an exemption for their products should first try for a waiver via the QEA. Given lab turn around times and the likely need to test multiple units, testing should begin within the next few weeks in order to meet the deadline of December 31, 2021 to submit the required documentation.

Gradient has been helping companies design product testing programs and having conversations with the Oregon Health Authority to receive informal feedback regarding the acceptability of particular testing approaches.

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Tom Lewandowski, Ph.D., DABT, ERT, ATS


Kim Reynolds Reid

Principal Scientist

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