(b) The first biennial notice required under this section shall be submitted to the authority by January 1 of the year following the year that the chemical contained in the children’s product sold or offered for sale in this state is added to the list.
(2) The notice required by subsection (1) of this section must contain:
(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 of the children’s product reported as a range rather than an exact amount;
(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 the manufacturer deems relevant to the appropriate use of the children’s product.
(3)(a) The authority may enter into reciprocal data sharing agreements with other states in which manufacturers of children’s products are required to disclose information related to high priority chemicals of concern for children’s health used in children’s products. The authority must use the GS1 Global Product Classification system to identify and specify product categories subject to the data sharing agreements. 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’s direct reporting of 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 satisfies the requirements for the notice 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 submitted to the Interstate Chemicals Clearinghouse. The authority by rule shall specify procedures for the provision of such notice by manufacturers to the Interstate Chemicals Clearinghouse.
(5)(a) The authority shall grant an exemption to a manufacturer of children’s products that applies for an exemption from the notice requirements of this section if the application demonstrates that:
(A) The high priority chemical of concern for children’s health used in children’s products is present in the children’s product otherwise subject to the notice requirements of this section only as a contaminant;
(B) The manufacturer conducts a manufacturing control program for the contaminant; and
(C) The manufacturing control program meets minimum standards for a manufacturing control program as set forth by the authority by rule.
(b) The authority shall approve or disapprove an exemption application within 180 days after its submittal. If the authority fails to act within 180 days, the exemption application is deemed approved. If the authority disapproves an exemption application, the manufacturer may submit a revised exemption application for consideration within 180 days after the authority’s disapproval.
(6) A trade association may provide required notices 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. [2015 c.786 §4]
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.