77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2592
House Bill 3162
Sponsored by Representative KENY-GUYER, Senator BOQUIST,
Representative CONGER, Senator STEINER HAYWARD
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires Oregon Health Authority to maintain list of designated
high priority chemicals of concern for children's health used in
children's products. Requires authority to post list, and
information regarding health impacts associated with exposure to
each chemical, on authority's website. Requires authority to
periodically review and revise list.
Requires manufacturers of certain children's products to
provide notice to authority regarding chemicals on list.
Provides that, five years after chemical is placed on list,
manufacturer must seek waiver if manufacturer continues to sell
children's product containing chemical.
Allows authority to enter into certain data-sharing agreements
with other states. Allows authority to participate in Interstate
Chemicals Clearinghouse.
Allows authority to establish certain fees by rule. Allows
authority to impose civil penalties. Allows authority to accept
certain funding.
Requires manufacturers to submit certain hazard assessments to
authority.
Establishes High Priority Chemicals of Concern for Children's
Health Fund. Continuously appropriates moneys in fund to
authority. Specifies uses of moneys.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to high priority chemicals of concern for children's
health; appropriating money; and declaring an emergency.
Whereas many children's products contain chemicals that pose a
risk to the health of children; and
Whereas reducing the exposure of children to chemicals in
children's products contributes to the health of children and the
long-term well-being of children; and
Whereas providing the public with information regarding the
known health impacts associated with exposure to chemicals in
children's products helps to ensure this state's commitment to
the health of present and future generations; now, therefore,
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITIONS + }
SECTION 1. { + As used in sections 1 to 15 of this 2013 Act:
(1) 'Chemical' means:
(a) A substance with a distinct molecular composition.
(b) A group of structurally related substances and the
breakdown products of the substance or substances that form
through decomposition, degradation or metabolism.
(2)(a) 'Children's cosmetics' means products that are made for,
marketed for use by or marketed to children under 12 years of age
and 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, 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.
(3)(a) 'Children's product' means:
(A) A product designed or intended by the manufacturer to help
a child with sucking or teething to facilitate sleep, relaxation
or feeding of a child or to be worn as clothing by a child.
(B) Car seats for children.
(C) Children's cosmetics.
(D) Children's jewelry made for, marketed for use by or
marketed to children under 12 years of age.
(E) Toys designed, or intended by the manufacturer, to be used
by a child at play.
(F) Any component part of a product specified in subparagraphs
(A) to (E) of this paragraph.
(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 and handheld devices incorporating a video screen
and 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, including bats, balls, gloves, sticks,
pucks and pads.
(P) Video toys that can be connected to a video screen and are
operated at a nominal voltage exceeding 24 volts.
(4) 'Manufacturer' means:
(a) Any person that manufactures a final consumer product sold
at retail or whose brand name is affixed to the consumer product.
(b) The importer or domestic distributor of a consumer product
imported into the United States if the person that manufactured
or assembled the consumer product or whose brand name is affixed
to the consumer product does not have a presence in the United
States.
(5) 'Trade association' means a membership organization of
persons engaging in a similar or related line of commerce,
organized to promote and improve business conditions in that line
of commerce and not to engage in a regular business of a kind
ordinarily carried on for profit. + }
{ +
HIGH PRIORITY CHEMICALS OF CONCERN FOR CHILDREN'S + }
{ +
HEALTH USED IN CHILDREN'S PRODUCTS + }
SECTION 2. { + The Oregon Health Authority shall maintain a
list of high priority chemicals of concern for children's health
used in children's products. The authority shall include on the
list chemicals that are listed on both:
(1) The Department of Environmental Quality's Toxics Focus List
on the effective date of this 2013 Act; and
(2) The Washington State Department of Ecology's Reporting List
of Chemicals of High Concern to Children on the effective date of
this 2013 Act. + }
SECTION 3. { + The Oregon Health Authority shall post the list
of high priority chemicals of concern for children's health used
in children's products established under section 2 of this 2013
Act on its website. For each chemical on the list, the authority
shall post information regarding the known health impacts
associated with exposure to the chemical. + }
SECTION 4. { + Section 3 of this 2013 Act becomes operative on
January 1, 2014. + }
SECTION 5. { + (1) The Oregon Health Authority shall review
and revise the list of high priority chemicals of concern for
children's health used in children's products established under
section 2 of this 2013 Act every three years.
(2) The authority by rule shall add chemicals to the list that
are listed on both:
(a) The Department of Environmental Quality's Toxics Focus List
after the effective date of this 2013 Act; and
(b) The Washington State Department of Ecology's Reporting List
of Chemicals of High Concern to Children after the effective date
of this 2013 Act.
(3) The authority by rule may remove a chemical from the list
if the authority determines that the chemical is no longer being
used in children's products.
(4) The authority shall update the list on its website within
one year of the date on which a chemical is added to, or a
chemical is removed from, the list under this section. + }
SECTION 6. { + Section 5 of this 2013 Act becomes operative on
January 1, 2016. + }
{ +
MANUFACTURER DISCLOSURE OF HIGH PRIORITY CHEMICALS + }
{ +
OF CONCERN FOR CHILDREN'S HEALTH USED IN + }
{ +
CHILDREN'S PRODUCTS + }
SECTION 7. { + (1)(a) A manufacturer of children's products
sold or offered for sale in this state shall provide the notice
described in subsection (2) of this section every two years to
the Oregon Health Authority if:
(A) The manufacturer intentionally adds a chemical included in
the list of high priority chemicals of concern for children's
health used in children's products established under section 2 of
this 2013 Act to a children's product; or
(B) A children's product contains a chemical listed as a high
priority chemical of concern for children's health used in
children's products at levels above 100 parts per million.
(b) In addition to the notice required by paragraph (a) of this
subsection, within one year of the date the authority adds a
chemical to the list under section 5 of this 2013 Act, a
manufacturer of children's products sold or offered for sale in
this state shall provide the notice described in subsection (2)
of this section if a children's product contains a chemical added
to the list of high priority chemicals of concern for children's
health used in children's products at levels above 100 parts per
million.
(2) The notice required by subsection (1) of this section must
contain:
(a) The name of the chemical contained in the children's
product and the Chemical Abstracts Service number;
(b) A brief description 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 of the
children's product reported in ranges rather than exact amounts;
(e) The name and address of the manufacturer, and the name,
address and telephone number of a contact person for the
manufacturer; and
(f) Any other information that is relevant to the appropriate
use of the children's product.
(3)(a) In order for the authority to obtain the information
required in the notice described in subsection (2) of this
section, the authority may enter into reciprocal data-sharing
agreements with other states in which a manufacturer of
children's products is also required to disclose information
related to high priority chemicals of concern for children's
health used in children's products. If the authority has entered
into a data-sharing agreement with another state, and a
manufacturer has reported the information required in the notice
described in subsection (2) of this section to that state, the
manufacturer may request that the other state provide the
authority with the information in lieu of the manufacturer
directly reporting the information to the authority.
(b) A manufacturer fulfills the notice requirement of
subsection (1) of this section when the authority receives the
information from the other state and the authority determines
that the information received meets the description specified in
subsection (2) of this section.
(4) In lieu of the manufacturer's providing notice to the
authority under subsection (1) or (3) of this section, the
authority may require that the notice described in subsection (2)
of this section be given to the Interstate Chemicals
Clearinghouse. The authority by rule shall specify procedures for
the provisions of such notice by manufacturers to the Interstate
Chemicals Clearinghouse.
(5) Manufacturers of children's products with annual worldwide
gross sales of less than $5 million, as reported on the most
recent tax returns filed before the notice required by this
section, are exempt from the requirements of this section.
(6) A trade association may provide notice on behalf of its
member manufacturers under the provisions of this section.
(7) When a manufacturer provides notice to the authority under
the provisions of this section, the manufacturer may submit
recommendations to the authority regarding technical, financial
or logistical support deemed necessary for innovation and green
chemistry solutions related to high priority chemicals of concern
for children's health used in children's products. + }
{ +
OREGON HEALTH AUTHORITY + }
SECTION 8. { + (1) The Oregon Health Authority may conduct
testing of children's products sold or offered for sale in this
state in order to determine compliance with section 7 of this
2013 Act.
(2) The authority may establish by rule a schedule of fees for
manufacturers that are based on the costs of the authority for
administering sections 1 to 15 of this 2013 Act. Fees collected
by the authority under this subsection shall be deposited in the
High Priority Chemicals of Concern for Children's Health Fund
established under section 13 of this 2013 Act. + }
SECTION 9. { + (1) Sections 7 and 8 of this 2013 Act become
operative on January 1, 2015.
(2) The first notice under section 7 of this 2013 Act must be
provided to the Oregon Health Authority not later than July 1,
2015. + }
{ +
INTERSTATE CHEMICALS CLEARINGHOUSE + }
SECTION 10. { + The Oregon Health Authority is authorized to
participate in the Interstate Chemicals Clearinghouse in
cooperation with other states and government entities to assist
the authority in carrying out sections 1 to 15 of this 2013
Act. + }
{ +
CIVIL PENALTIES + }
SECTION 11. { + (1) The Oregon Health Authority may impose a
civil penalty on a person for a violation of any provision of
sections 1 to 15 of this 2013 Act.
(2) The civil penalty imposed under this section for the first
violation may not exceed $5,000. The civil penalty imposed under
this section for the second and each subsequent violation may not
exceed $10,000.
(3) Civil penalties described in this section shall be imposed
in the manner provided in ORS 183.745.
(4) All civil penalties recovered under this section shall be
paid into the High Priority Chemicals of Concern for Children's
Health Fund established under section 13 of this 2013 Act. + }
SECTION 12. { + Section 11 of this 2013 Act becomes operative
on January 1, 2015. + }
{ +
HIGH PRIORITY CHEMICALS OF CONCERN FOR + }
{ +
CHILDREN'S HEALTH FUND + }
SECTION 13. { + (1) The High Priority Chemicals of Concern for
Children's Health Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by
the High Priority Chemicals of Concern for Children's Health Fund
shall be credited to the fund. Moneys in the fund are
continuously appropriated to the Oregon Health Authority to
administer sections 1 to 15 of this 2013 Act.
(2) The authority may accept gifts, grants or contributions
from any public or private source for the purpose of carrying out
sections 1 to 15 of this 2013 Act.
(3) The High Priority Chemicals of Concern for Children's
Health Fund shall consist of:
(a) Moneys accepted by the authority pursuant to subsection (2)
of this section.
(b) Fees and charges collected under sections 8 and 14 of this
2013 Act.
(c) Civil penalties imposed under section 11 of this 2013
Act. + }
{ +
ASSESSMENTS + }
SECTION 14. { + (1) Within five years after the date a high
priority chemical of concern for children's health used in
children's products is included on the list maintained pursuant
to sections 2 and 5 of this 2013 Act, a manufacturer of
children's products sold or offered for sale in this state that
contain the chemical must remove or substitute the chemical, or
seek a waiver, under the provisions of this section.
(2)(a) When a manufacturer of children's products sold or
offered for sale in this state removes a high priority chemical
of concern for children's health used in children's products from
a children's product by substituting another chemical, the
manufacturer must submit a hazard assessment to the Oregon Health
Authority that explains how the children's product, and any
substitute chemical the children's product contains, is
inherently less hazardous with the substitute chemical.
(b) If the manufacturer has removed a high priority chemical of
concern for children's health used in children's products from
the children's product and not replaced the chemical with a
substitute chemical, the manufacturer must submit a hazard
assessment to the authority detailing any changes in the
children's product that result from the elimination of the
chemical from that children's product.
(3) If the manufacturer of children's products sold or offered
for sale in this state fails to remove a high priority chemical
of concern for children's health used in children's products from
a children's product within the period specified in subsection
(1) of this section, the manufacture must apply to the Oregon
Health Authority for a waiver. The waiver application must:
(a) Demonstrate that removal of the high priority chemical of
concern for children's health used in children's products is not
financially or technically feasible.
(b) Provide data that demonstrates that the high priority
chemical of concern for children's health used in children's
products is not reasonably anticipated to result in exposure
based upon an analysis of leachability and bioavailability of the
high priority chemical of concern for children's health used in
children's products.
(c)(A) Include an alternatives assessment that identifies and
compares potential chemical and nonchemical alternatives that may
be used as substitutes to replace the high priority chemicals of
concern for children's health used in children's products; or
(B) Include an quantitative exposure assessment that evaluates
the exposure potential of the high priority chemical of concern
for children's health used in children products.
(4) If the authority determines that the alternatives
assessment described in subsection (3)(c) of this section is
incomplete, the authority may obtain the assessment from another
party, and the manufacturer that submitted the assessment that
was determined to be incomplete must pay for the assessment
performed by the other party.
(5) The authority shall approve or disapprove a hazard
assessment or waiver application within 180 days of its
submittal. If the authority fails to act within 180 days, the
hazard assessment or waiver application is deemed approved, and
the manufacturer may continue to sell or offer for sale in this
state the children's products for which the manufacturer
submitted a hazard assessment or waiver application. If the
authority disapproves a hazard assessment or waiver application,
the manufacturer may submit a revised hazard assessment or waiver
application for consideration within 180 days of the authority's
disapproval. + }
{ +
REPORTS TO LEGISLATIVE ASSEMBLY + }
SECTION 15. { + The Oregon Health Authority shall provide a
report to the Legislative Assembly once every two years regarding
the implementation of sections 1 to 15 of this 2013 Act,
including:
(1) Any updates made under section 5 of this 2013 Act to the
list of high priority chemicals of concern for children's health
used in children's products.
(2) The number of manufacturers in compliance with section 7 of
this 2013 Act and an analysis of the information collected
pursuant to section 7 of this 2013 Act specifying:
(a) The number and types of children's products sold or offered
for sale in this state that contain high priority chemicals of
concern for children's health used in children's products.
(b) The range of amounts of high priority chemicals of concern
for children's health used in children's products, and an
analysis of the levels of the high priority chemicals of concern
for children's health used in children's products for various
categories of children's products.
(c) The potential for exposure to high priority chemicals of
concern for children's health used in children's products based
on the number of children's products sold or offered for sale in
this state, likely exposure routes and the typical use patterns
for the children's products.
(d) Recommendations to limit, reduce or prevent exposure to
high priority chemicals of concern for children's health used in
children's products based on an analysis of the information
collected.
(3)(a) The implementation of section 14 of this 2013 Act
regarding hazard assessments and waivers. In cases where the
authority grants waivers for the continued use of high priority
chemicals of concern for children's health used in children's
products in which the application includes an alternatives
assessment, the authority may develop recommendations on
opportunities to provide technical assistance, provide grants,
promote public-private partnerships and other options to
encourage manufacturers to produce products through green
chemistry that do not contain high priority chemicals of concern
for children's health.
(b) In developing the recommendations described in paragraph
(a) of this subsection, the authority may consult with the
Department of Environmental Quality, the Oregon Business
Development Department and other state agencies.
(4) Any recommendations submitted to the authority by
manufacturers under section 7 (7) of this 2013 Act. + }
SECTION 16. { + Section 15 of this 2013 Act becomes operative
on January 1, 2015. + }
{ +
MISCELLANEOUS + }
SECTION 17. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 18. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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