Or. Admin. Code § 333-016-2010 - Definitions
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.
(5) "Chemical Abstracts Service Registry
Number " means the number assigned for identification of a particular chemical
by the Chemical Abstracts Service, a service of the American Chemical Society
that indexes and compiles abstracts of worldwide chemical literature called
Chemical Abstracts.
(6) "Child "
means an individual under 12 years of age.
(7)
(a)
"Children's cosmetics " means products that are intended to be rubbed, poured,
sprinkled or sprayed on, introduced into or otherwise applied to the human body
or any part thereof for cleansing, moisturizing, beautifying, promoting
attractiveness or altering the appearance.
(b) "Children's cosmetics " does not mean
soap, dietary supplements or food and drugs approved by the United States Food
and Drug Administration.
(8)
(a)
"Children's product " means:
(A) Any of the
following products that are made for, marketed for use by or marketed to
children under 12 years of age:
(i) A product
designed or intended by the manufacturer to facilitate sucking, teething,
sleep, relaxation, feeding or drinking.
(ii) Children's clothing and
footwear.
(iii) Car
seats.
(iv) Children's
cosmetics .
(v) Children's
jewelry.
(vi)
Toys.
(B) Any component
part of a product specified in paragraph (A) of this
subsection.
(b)
"Children's product " does not mean:
(A)
Athletic shoes with cleats or spikes.
(B) Batteries.
(C) BB guns, pellet guns and air
rifles.
(D) Bicycles and
tricycles.
(E) Chemistry
sets.
(F) Consumer electronic
products, including personal computers, audio and video equipment, calculators,
wireless telephones and game consoles, handheld devices that incorporate a
video screen and are used to access interactive software, and the associated
peripherals.
(G) Interactive
software intended for leisure and entertainment, such as computer games, and
their storage media, such as compact discs.
(H) Model rockets.
(I) Pocketknives and multitools.
(J) Roller skates.
(K) Scooters.
(L) Sets of darts with metallic
points.
(M) Slings and
catapults.
(N) Snow sporting
equipment, including skis, poles, boots, snowboards, sleds and
bindings.
(O) Sporting equipment
and accessories, including but not limited to bats, balls, gloves, sticks,
pucks, pads, helmets and other protective equipment, weight training and
exercise aids, protective eyewear, backpacks and tents, raingear, sport bags
and luggage, and golf equipment.
(P) Video toys that can be connected to a
video screen and are operated at a nominal voltage exceeding 24
volts.
(Q) Food and beverages and
food and beverage packaging regulated by the United States Food and Drug
Administration or the United States Department of
Agriculture.
(9) "Class of chemicals " has the meaning
given that term in ORS
431A.253.
(10) "Component part " means a uniquely
identifiable material or coating (including ink or dye) that is intended to be
included as a part of a finished children's product , including, but not limited
to:
(a) Bio-based materials (animal or plant
based);
(b) Synthetic polymers
(such as but not limited to synthetic rubber, plastics, and foams);
(c) Metals (including alloys);
(d) Glass, ceramic and siliceous
material;
(e) Surface coatings
(such as but not limited to paints, plating, and waterproofing);
(f) Homogenous mixtures (gels, creams,
powders, liquids, adhesives, synthetic fragrances);
(g) Inks/dyes/pigments; and
(h) Textiles (synthetic fibers and
blends).
(11)
"Contaminant " has the meaning given that term in ORS
431A.253.
(12) "De minimis level " has the meaning given
that term in ORS 431A.253.
(13) "Essential use " means a function of a
HPCCCH in a children's product considered critical for performance of a
product.
(14) "Exposure scenarios "
means the mechanisms by which children may be exposed to HPCCCHs found in a
children's product .
(15) "Hazard
Assessment " or "HA" as described in OAR
333-016-3030 means an evaluation
of whether a chemical or chemicals substituted for a HPCCCH in a children's
product make that product less hazardous than it was when it contained the
HPCCCH .
(16) "HPCCCH " means high
priority chemicals of concern to children's health.
(17) "High priority chemicals of concern
list " means the high priority chemicals of concern for children's health
identified by the Oregon Health Authority in OAR
333-016-2020.
(18) "Intentionally added chemical " has the
meaning given that term in ORS
431A.253.
(19) "Leachability " means the extent to which
a HPCCCH is reasonably anticipated to migrate from a children's product through
normal and reasonably foreseeable use and abuse of such product determined by
measuring a HPCCCH at or above the practical quantification limit for the
chemical established in OAR
333-016-2035(2)
Exhibit A in media during simulated exposure scenarios .
(20) "Manufacturer " has the meaning given
that term in ORS 431A.253.
(21) "Manufacturing control program " or "MCP "
means a program implemented by the manufacturer or its suppliers to control the
amount of a HPCCCH present as a contaminant at or above de minimis levels
through the implementation of tools, processes and oversight that support
effective chemicals management at all levels to include supply chain
management, quality assurance and educational programs. Control includes the
minimization, reduction or elimination of contaminants when possible.
(22) "Mouthable " has the meaning given that
term in ORS 431A.253.
(23) "Non-essential use " means a function of
a HPCCCH in a children's product that is not critical for the performance of a
product but is included for other reasons such as market demand.
(24) "Owner" for purposes of clarifying the
definition of "manufacturer " means the person or entity, whether an importer or
a distributor, that offers the children's product for sale in Oregon.
(25) "Practical quantification limit " has the
meaning given that term in ORS
431A.253.
(26) "Product category " means the "brick"
level of the GS1 Global Product Classification (GPC) standard, which identifies
products that serve a common purpose, are of a similar form and material, and
share the same set of category attributes.
(27) "Quantitative Exposure Assessment " or
"QEA " means an assessment as described in OAR
333-016-3050 of whether a HPCCCH
used in children's products is or is not reasonably anticipated to result in
exposure based upon an analysis of leachability and bioavailability of the
HPCCCH used in children's products.
(28) "Reasonably foreseeable use and abuse"
includes: non-incidental skin contact; swallowing; mouthing; inhalation of
gaseous products emitted by a children's product ; the aging of a children's
product ; and may include breaking during typical and reasonable use by children
or other situations of a similar nature.
(29) "Subclass of chemicals " has the meaning
given that term in ORS
431A.253.
(30) "Substitutable role " means a role for or
presence of a HPCCCH that might be regarded as essential but where alternatives
to the HPCCCH have been identified that have comparable functionality and
performance making the use of the HPCCCH no longer essential.
(32) "Trade association " has the meaning
given that term in ORS
431A.253.
Notes
Statutory/Other
Statutes/Other Implemented: ORS 431A.253 - 431A.280
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