ORS 431A.263 Process for substituting chemicals; rules

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 sold or offered for sale in this state that is subject to ORS 431A.258 and substitutes 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 than before the substitution was made.

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 as described in paragraph (a) of this subsection and does not substitute another chemical, the manufacturer must submit notice to the authority that the manufacturer is no longer using the chemical or a substitute chemical.

The authority shall establish by rule the methodology that a manufacturer must use and the standards that a children’s product must meet in order to comply with the hazard assessment requirements described in subsection (1)(a) of this section.

The authority shall approve or disapprove a hazard assessment within 180 days after its submittal.

If the authority fails to act within 180 days, the hazard assessment is deemed approved, and the manufacturer may continue to sell or offer for sale in this state the children’s product for which the manufacturer submitted a hazard assessment for a period of three years after the date of submittal of the hazard assessment.

If the authority disapproves a hazard assessment, the manufacturer may submit a revised hazard assessment for consideration within 180 days after the authority’s disapproval.

A hazard assessment approved or deemed approved under this subsection is valid for a period of three years after the date of submittal of the hazard assessment. A manufacturer must resubmit the hazard assessment at the end of the three-year period.