(a) Mouthable;
(b) A children’s cosmetic; or
(c) Made for, marketed for use by or marketed to children under three years of age.
(2) A manufacturer with 25 or fewer employees may apply for a two-year extension of the date specified in subsection (1) of this section to meet the requirements of this section.
(3) Manufacturers are exempt from meeting the requirements of this section for children’s products described in subsection (1) of this section that contain high priority chemicals of concern for children’s health used in children’s products at levels that are at or below allowable levels for children’s products as established by the Consumer Product Safety Improvement Act of 2008, P.L. 110-314, 122 Stat. 3016, as in effect on July 27, 2015.
(4)(a) The Oregon Health Authority shall adopt rules providing for additional exemptions from the requirements of this section.
(b) For purposes of this subsection, any consumer product safety standard adopted under federal law that establishes allowable levels for children’s products of a high priority chemical of concern for children’s health used in children’s products is presumed to establish the maximum allowable level of the chemical that may be used in children’s products that are sold or offered for sale in this state. The authority may not require a manufacturer in compliance with the federal standard to also comply with the provisions of this section unless the authority establishes in the rulemaking process that a lower maximum allowable level for children’s products of a high priority chemical of concern for children’s health used in children’s products than the allowable level set by the federal standard is necessary to protect human health and welfare. [2015 c.786 §5]
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.