HPCCCH Removal/Substitution Requirement

Frequently Asked Questions

FAQ#	QUESTION	ANSWER
#37	For which types of products are manufacturers required to remove or substitute HPCCCH(s) by the end of a product category/HPCCCH's third biennial notice/reporting period?	HPCCCH REMOVAL On or before the date (January 31st)* on which a manufacturer of a children’s product must submit the third biennial notice for a product category/HPCCCH combination, the manufacturer must remove or substitute the HPCCCH in certain subsets of children’s product, per OAR 333-016-3010. The subsets of children’s products to which OAR 333-016-3010 applies are those that are: “Mouthable” products (per ORS 431.253(8)); Children’s cosmetics; or Made for, marketed for use by or marketed to children under three years of age. From January 1st of the Fourth Biennial Notice Period for a product category/HPCCCH combination, models/styles of children’s products in the combination that belong to one or more of subsets above (OAR 333-016-3010), may no longer be sold in Oregon if they contain HPCCCH(s) at de minimis. In addition, a manufacturer that has previously reported a HPCCCH must comply with OAR 333-016-3010(3) and OAR 333-016-3010(4) for the following reasons: If it removes the HPCCCH per OAR 333-016-3010, but does not substitute another chemical; If it is no longer manufacturing the product; or If it no longer selling the product with the HPCCCH in Oregon. The form for complying with OAR 333-016-3010(3) and OAR 333-016-3010(4) is here. Manufacturers must send the completed form to toxicfreekids.program@odhsoha.oregon.gov on or before the due dates in these two rule sections. HPCCCH SUBSTITUTION Instead of removing an HPCCCH on or before the date (January 31st)* on which the third biennial notice for a product category/HPCCCH combination is submitted, a manufacturer may replace the HPCCCH with a substitute chemical per OAR 333-016-3020. The substitute chemical must meet requirements of a hazard assessment per OAR 333-016-3030. Hazard assessments, per OAR 333-016-3030, are to be conducted by a Licensed GreenScreen Profiler using GreenScreen for Safer Chemicals Hazard Assessment Guidance. This transaction is done between the manufacturer and the Licensed GreenScreen Profiler outside of OHA. A manufacturer may request that OHA approve an alternative assessment methodology as stated in OAR 333-016-3030. These requests should be sent to toxicfreekids.program@odhsoha.oregon.gov and made at least 90 business days before the date a manufacturer submits the hazard assessment per OAR 333-016-3030. OHA must receive a substitution request and hazard assessment on or before the date that the third biennial notice for that product category/HPCCCH combination is due. [That date is the January 31st following the third two-year biennial notice period for a product category/HPCCCH combination.] A fee payment and application upload portal will appear at healthoregon.org/toxicfreekids* by the 15th of the November preceding the end of two-year biennial notice period. A manufacturer should upload a substitution request and hazard assessment using that portal. The $1500 application fee should be paid at the secure website authorized by the State of Oregon. The secure website will be available at the upload portal. Manufacturers may pay this fee by check. OHA will post directions at the same location on the webpage. Read all of OAR 333-016-3030 and OAR 333-016-2080 to understand how OHA will proceed after receiving a manufactuter's substitution request, hazard assessment, and fee payment. Please see FAQ #38 for alternatives to removal or substitution of a HPCCCH. Manufacturers with <25 employees may apply for a deferral. A manufacturer with 25 or fewer employees may apply for a two-year extension of the date specified in ORS 431A.260 to meet the requirements of this removal or substitution requirement. Please read OAR 333-016-3010(2) about applying for a deferral and the due date of the application. *To imprement provisions of the 2023 Toxic Free Kids Modernization Act (HB 3043), OHA is concucting rulemaking through December 2023. HB 3043 changes the due date for biennial notices/reports from January 1st to January 31st of even-numbered years following the two-year biennial notice period. Rule changes will go into effect on January 1, 2024. See updates for this rulemaking in the Phase 4 section a the bottom of the Rules and Impementation page. Still have questions? Email toxicfreekids.program@odhsoha.oregon.gov