RFA for Toxic Free Kids Act MCP Reviews

Approved Alternate Opportunity (Special Procurement) RFA for Toxic Free Kids Act MCP Reviews

Issued By

Contact	Danielle A Pompe (OHA)
Phone	1 (503) 947-5142
Fax
Email	d​a​n​i​e​l​l​e​.​a​.​p​o​m​p​e​@​s​t​a​t​e​.​o​r​.​u​s​

Issued For

The Toxic-Free Kids Act was passed during the 2015 legislative session under Senate Bill 478 . This law requires manufacturers of children's products sold in Oregon to report products that contain one or more High Priority Chemicals of Concern for Children's Health (HPCCCH).
Alternatively, a manufacturer or trade association may submit to OHA a request for an exemption from these rules for any HPCCCH in a children's product that is present only as a contaminant at or above the de minimis level. A Manufacturing Control Program (MCP) is to accompany the exemption request along with a review fee, per OAR 333-016-0280.
A request to the Authority for exemption from notification rules (OAR 333-016-2060 - Notification Requirements) is only available for HPCCCH present as contaminant(s) at or above the de minimis level (100 parts per million, or 0.01% by weight). Manufacturers must notify the Authority of HPCCCH that are intentionally added during a manufacturing process of a product, per ORS 431A.250.
The MCP must demonstrate, as determined by OHA, that the contaminant or contaminants exempted are being effectively controlled, including "...the minimization, reduction or elimination of contaminants when possible." [See definition of Manufacturing Control Program in OAR 333-016-2070.] If approved, the manufacturer will be exempt from the reporting requirements for the particular HPCCCH(s) addressed in the MCP, as long as the processes and standards in the approved MCP are followed.
Utilizing Guidance for Requesting Exemption from Notice Requirements under the Oregon Toxic- Free Kids Act; the definition of manufacturing control program in OAR 333-016-2070; successful applicants will complete an MCP Review Form for each MCP they agree to review at a rate of $200.00 per hour as outlined in OAR 333-016-0280.