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Oregon Health Authority

Additional FAQs for Reporting

Frequently Asked Questions

FAQ#
QUESTION
ANSWER

#47

How does the TFK Act apply to children's products made with recycled materials?

To ensure they’re in compliance with the TFK Act, manufacturers are responsible for knowing the concentrations of High Priority Chemicals of Concern for Children’s Health (HPCCCH) in all components of their children’s products sold or offered for sale in Oregon. HPCCCHs in the components of children’s products made from recycled materials meet the Act’s definition of contaminant (see ORS 431A.253).

However, an inherent issue with HPCCCHs in feedstock made from recycled materials is that the concentration(s) of HPCCCH(s) vary.

Under the TFK Act, there are three options for children's products made from recycled materials:

a) The manufacturer can set up a program for ongoing testing of batches of feedstock used in the manufacture of children’s products to ensure the concentration of an HPCCCH(s) in a component of that children’s product isn’t at a 100 ppm or above. [Manufacturers tell OHA they discard​ feedstock batches that test at 100 ppm or more.] 

This option may reduce the likelihood that a components in a children's product made with recycled materials does not exceed 100 ppm - de minimis for HPCCCHs as contaminants per ORS 431A.253​. However, manufacturers are responsible for ensuring concentrations of HPCCCH in product components of each children's product manufactured from recycled feedstock don't exceed 100ppm or higher​


b) If the manufacturer determines that the concentration could be 100 ppm+ in children’s products produced with the feedstock, it can report that product under the TFK Act. This ensures that items placed on the market are in complicance with the product reporting provision of the TFK Act (ORS 431A.258). For more on this reporting obligation, please see FAQs on Reporting for the Toxic Free Kids Act. The FAQs provided information on how and when reporting is to be done.

IMPORTANT: After three reports (six years) of a children’s product affected by OAR 333-016-3010(1), the HPCCCH must be removed from the product; replaced with a substitute approved by OHA; or the product may no longer be sold in Oregon. See FAQs on the HPCCCH Removal/Substitution Requirement. Two alternatives to these options for products affected by OAR333-016-3010(1): On or before the due date of the report (January 31st) of the third reporting period for a HPCCCH & product, the manufacturer may apply for a Waiver or Exemptions from Removal/Substitution.


c) On or before the due date (January 31st) of a report of a children’s product affected by OAR 333-016-3010(1) where the HPCCCH(s) is found as a contaminant, the manufacturer may apply for an Exemption from Reporting (Notice Requirement) with an MCP. An MCP for children's products with components made from recycled materials must explain how varying concentrations of HPCCCH(s) in those materials are controlled.