OAR 333-016-3010: Removal or Substitution of High Priority Chemicals

(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 high priority chemical of concern to children's health (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. (2) 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 these rules. To apply for an extension a manufacturer must submit a request for an extension. A request for an extension must: (a) Be received by the Oregon Health Authority (Authority) on or before the date on which the manufacturer of a children’s product is obligated to submit the third biennial notice required under ORS 431A.260. (b) Include documentation that the manufacturer had an average of 25 or fewer employees on its payroll during the third biennial notice period and the number of employees currently employed by the manufacturer. (3) A manufacturer that has previously reported a HPCCCH to the Authority and later removes the HPCCCH from a children’s product sold or offered for sale in Oregon and does not substitute another chemical or is no longer manufacturing such a product, must submit notice to the Authority that the manufacturer is no longer using the chemical or a substitute chemical or manufacturing the product. The notice must be submitted on or before the date (January 31st) on which the requirement to remove or substitute a HPCCCH from a children’s product is triggered under ORS 431A.260. The notice shall include (a) The product category of the children’s product; (b) The brand names under which it is sold in Oregon and the model numbers of the children’s product associated with those brand names; and (c) Universal Product Code or Stock Keeping Unit codes , style codes or other mechanisms sufficient to identify product models sold in Oregon, which have been assigned by the manufacturer. (4) From the date that the notice under section (3) of this rule is submitted, the manufacturer has 90 calendar days to: (a) Cease selling or offering for sale in Oregon the children’s product; and (b) Provide notice to all known distributers and retailers to whom the product was distributed that the product may no longer be sold or offered for sale in Oregon. To identify affected units of such children’s products, the notice shall include Universal Product Code, Stock Keeping Unit codes , style codes or other mechanisms sufficient to identify the affected product models. (5) Units identified in this rule may no longer be sold or offered for sale in Oregon. (6) Manufacturers shall provide the Authority with the notice in subsection (4)(b) of this rule and a list of known distributers and retailers to whom notice was given. (7) A manufacturer that intends to substitute a HPCCCH pursuant to ORS 431A.263 must comply with OAR 333-016-3030.