Or. Admin. Code § 333-016-2060 - Notification Requirements
(1) For
purposes of this rule, "unit" has the same meaning as "component part " as that
is defined in OAR 333-016-2010.
(2) A manufacturer of a children's product
sold or offered for sale in this state that contains a HPCCCH listed in OAR
333-016-2020 as an individual
chemical or a member of a class or subclass of chemicals , in an amount at or
above a de minimis level must submit:
(a) A
notice to the Oregon Health Authority (Authority ) that contains all the
information required in these rules, unless the manufacturer or product is
exempt; and
(b) A nonrefundable fee
of $250 for the notification of each HPCCCH as specified in OAR
333-016-2080.
(3) The first manufacturer 's notice due on
January 1, 2018, applies to children's products sold or offered for sale in
this state between January 1, 2017 and December 31, 2017. For the reporting
years 2018, 2020, and 2022, reports are due on January 1st.
(4) On and after January 1, 2024,
manufacturer reports are due on January 31st of even numbered years for the
previous two-year biennial notice period. For example, for the reporting year
2024, a manufacturer must include children's products sold or offered for sale
between January 1, 2022, and December 31, 2023, that contain a HPCCCH listed in
OAR 333-016-2020.
(5) The notice required in section (2) of
this rule must include the following:
(a) The
name and Chemical Abstracts Service Registry Number of the chemical contained
in the children's product ;
(b) The
product category of the children's product that contains the
chemical ;
(c) A description of the
function of the chemical in the children's product ;
(d) The amount of the chemical used in each
unit within each product category . The amount of the chemical used in each unit
of the children's product is to be reported as a range rather than an exact
amount. If there are multiple concentrations for a given unit in a particular
product category , the manufacturer must use the highest concentration for
reporting.
(e) The target age
category for whom the children's product is intended, either ages 0-3, 3-12 or
0-12 years-old;
(f) The number of
the children's product that contain the high priority chemical either sold or
offered for sale in Oregon during the biennial notice period;
(g) The name and address of the manufacturer ,
and the name, address and telephone number of the contact person for the
manufacturer ;
(h) The name, address
and contact information for the trade association submitting the notification
on behalf of the affected industry; and
(i) Any other information that the
manufacturer deems relevant to the appropriate use of the children's
product .
(6) No later
than January 1, 2020, and every other year thereafter, notices to the Authority
shall be submitted utilizing the Interstate Chemicals Clearinghouse's High
Priority Chemicals Data System (HPCDS) or alternate data system designated by
the Authority . A link to the data system will be made available on the Toxic
Free Kids Program website:
www.healthoregon.org/toxicfreekids.
(7) If a manufacturer , required to report
under ORS 431A.258, is acquired by another
business entity, merges into another business entity or separates into distinct
business entities, the new controlling entity must submit the required biennial
notices to the Authority .
(8) If a
manufacturer has included a children's product in a notice required under these
rules, and determines that there is no change to the information for the
product except the number of products sold or offered for sale submitted to the
Authority in the previous notice, the manufacturer may, in lieu of including
the children's product again in a subsequent notice, submit a written
statement, or if available, an electronic notification indicating that the
previous reported data is still valid for that children's product . The
notification shall include the number of products sold or offered for sale
during the biennial notice period.
(9) A trade association may provide the
notice required in these rules on behalf of a member manufacturer . If a trade
association reports on a member manufacturer 's behalf, the trade association
must specify which member or members the association is reporting on behalf of,
including the name and contact information of a representative for each of
those members, and must submit the fees for each member as required in OAR
333-016-2080.
(10) A trade association who fulfills the
notice or exemption from notice requirements as well as waiver or hazard
assessment requests in these rules on behalf of a member manufacturer will not
be held liable for a violation or penalty as a result of the member
manufacturer 's noncompliance with the requirements of these rules.
(11) A manufacturer may, during the
notification process, submit to the Authority recommendations regarding
technical, financial or logistical support considered necessary for the
implementation of innovation and green chemistry solutions related to HPCCCH
used in children's products.
(12)
Only one person or entity that falls within the definition of manufacturer is
required to report with respect to a particular children's product . The
Authority will hold the following primarily responsible for ensuring that it
receives a complete, accurate, and timely notice for the children's product , in
the following order:
(a) Any person or entity
that manufactured the children's product , unless it has no presence in the
United States.
(b) Any person or
entity that distributed or made available for distribution the children's
product , unless it has no presence in the United States.
(c) The importer or owner of the children's
product in the United States.
(13) The Authority will enforce the reporting
requirements in this rule against a manufacturer in the same order as the
priority order for reporting in section (12) of this rule.
(14) If a manufacturer has included a
children's product in a notice required under these rules, and removes the
HPCCCH from that children's product it shall, within 180 days of removal,
submit a written statement, or if available, an electronic notification
indicating the HPCCCH that was removed, whether another HPCCCH was substituted
and the date the removal was effective, unless the Authority has already been
notified under OAR 333-016-3010(1).
Such notification will help the Authority avoid any unnecessary enforcement
actions because of a failure to report or failure to comply with the other
requirements of these rules.
Notes
Statutory/Other
Statutes/Other Implemented: ORS 431A.258
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