(1) "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.
(2)(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.
(3)(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 subparagraph (A) 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, 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.
(4) "Contaminant" means trace amounts of chemicals that are incidental to manufacturing and that serve no intended function in the product component, including but not limited to:
(a) Unintended by-products of chemical reactions during the manufacture of the product component;
(b) Trace impurities in feedstock;
(c) Incompletely reacted chemical mixtures; and
(d) Degradation products.
(5) "De minimis level" means:
(a) For a chemical that is an intentionally added chemical, the practical quantification limit; or
(b) For a chemical that is a contaminant, a concentration of 100 parts per million.
(6) "Intentionally added chemical" means a chemical in a product that serves an intended function in the product component.
(7) "Manufacturer" means any person that produces a children’s product or an importer or domestic distributor of a children’s product. For the purposes of this subsection, "importer" means the owner of the children’s product.
(8) "Mouthable" means, in describing a children’s product or any part of a children’s product, that an intended use of the product or any part of the product includes being placed in the mouth for any purpose.
(9) "Practical quantification limit" means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions.
(10) "Trade association" means a membership organization of persons engaging in the same or a similar or related line of commerce, organized to promote and improve business conditions in that line of commerce and not to engage in regular business activities that ordinarily are carried on for profit. [2015 c.786 §2]
Structure 2021 Oregon Revised Statutes
Chapter 431A - Public Health Programs and Activities
Section 431A.005 - Definitions.
Section 431A.055 - State Trauma Advisory Board.
Section 431A.060 - Designation of trauma areas; rules; trauma system hospitals.
Section 431A.065 - Oregon Health Authority to adopt rules for trauma system hospitals.
Section 431A.070 - Area trauma advisory boards; duties; members.
Section 431A.075 - Liability of provider.
Section 431A.090 - Designation of other trauma centers.
Section 431A.095 - Reporting of certain patients; reimbursement for certain services.
Section 431A.100 - Release of information from Oregon Trauma Registry.
Section 431A.125 - Oregon Health Authority powers; rules.
Section 431A.150 - Smoking cessation program reimbursement; rules.
Section 431A.153 - Tobacco Use Reduction Account.
Section 431A.155 - Oregon Health Authority to adopt rules for awarding grants.
Section 431A.175 - Definitions; unlawful activities; notice; rules.
Section 431A.190 - Definitions for ORS 431A.190 to 431A.216.
Section 431A.198 - Licensure; fees; rules; exemption.
Section 431A.202 - Revocation, suspension, refusal to issue or renew; rules.
Section 431A.204 - Seizure and forfeiture of contraband products; appeal.
Section 431A.206 - Suspense account for administration and enforcement.
Section 431A.212 - Intergovernmental agreements.
Section 431A.214 - Suspense account for fee money transfers.
Section 431A.218 - Local regulation.
Section 431A.253 - Definitions.
Section 431A.255 - List of high priority chemicals of concern in children’s products.
Section 431A.258 - Disclosure by manufacturers; notice requirement; exemption.
Section 431A.263 - Process for substituting chemicals; rules.
Section 431A.265 - Process for waiving requirement to remove or substitute chemicals.
Section 431A.270 - Testing for compliance; fee schedule; rules.
Section 431A.275 - Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263.
Section 431A.278 - High Priority Chemicals of Concern for Children’s Health Fund.
Section 431A.280 - Biennial report to Legislative Assembly.
Section 431A.300 - Definitions.
Section 431A.303 - Legislative findings.
Section 431A.310 - Limitation on liability; application.
Section 431A.313 - Poison Prevention Task Force; members; meetings; duties.
Section 431A.320 - Enforcement by civil action; injunction; damages; attorney fees.
Section 431A.323 - Prohibited conduct.
Section 431A.325 - Civil penalty for violation of ORS 431A.300 to 431A.325.
Section 431A.350 - Lead poisoning.
Section 431A.353 - Definitions.
Section 431A.360 - Lead poisoning prevention clearinghouse for schools.
Section 431A.363 - Civil penalty for violation of ORS 431A.355 or 431A.358; hearing.
Section 431A.365 - Costs imposed pursuant to ORS 431A.363; notice; hearing; lien.
Section 431A.400 - Healthy Homes Program; grants; reporting; rules.
Section 431A.402 - Healthy Homes Repair Fund.
Section 431A.410 - Grants for clean air programs.
Section 431A.415 - Oregon Health Authority grants for purchase of smoke filtration devices; rules.
Section 431A.417 - Reporting on smoke filtration device grants.
Section 431A.450 - Automated external defibrillators required at health clubs; exception.
Section 431A.475 - Oregon Health Authority duties.
Section 431A.500 - Spinal Cord Injury Research Board; members; terms; chairperson; meetings; rules.
Section 431A.505 - Duties of board; grants.
Section 431A.510 - Spinal Cord Injury Research Fund.
Section 431A.525 - Stroke Care Committee.
Section 431A.530 - Oregon Health Authority duties; database; confidentiality.
Section 431A.550 - Facilities to provide notice; rules.
Section 431A.560 - Educational materials about breast reconstruction; requirements.
Section 431A.600 - Oregon Health Authority to conduct prevention and education activities.
Section 431A.625 - Oregon Health Authority to establish services and programs.
Section 431A.650 - Alzheimer’s Disease Research Fund.
Section 431A.680 - Dissemination of informational materials.
Section 431A.700 - Oregon Health Authority to disseminate information.
Section 431A.725 - Qualifying schools; certification; rules.
Section 431A.750 - Examinations by state laboratory; rules; fees.
Section 431A.775 - Definitions.
Section 431A.850 - Definitions.
Section 431A.855 - Establishment of program; rules; report to commission.
Section 431A.860 - Duty of pharmacy to report to program; exceptions.
Section 431A.865 - Disclosure of information; corrections; records; immunity from liability.
Section 431A.867 - Agreement for use of program information.
Section 431A.869 - Sharing and use of program information with other states.
Section 431A.877 - Duty to register; rules.
Section 431A.880 - Licensing information; fees; rules.
Section 431A.890 - Prescription Monitoring Program Advisory Commission; purposes; members.
Section 431A.895 - Term; meetings; rules; quorum; expenses.
Section 431A.896 - Prescription Monitoring Program Prescribing Practices Review Subcommittee.
Section 431A.898 - Practitioner training; rules.
Section 431A.900 - Civil penalty for violation of ORS 431A.855 to 431A.900.