Oregon Administrative Code

333-016-0082 Repurchase of Banned Hazardous Substances Banned hazardous toys and other banned hazardous substances shall be repurchased in accordance with ORS 453.075. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.055 & 453.075 History: HD 40-1973, f.…

333-016-0085 Exemptions for Foods, Drugs, Cosmetics, and Fuels (1) Foods and drugs otherwise regulated by this state are exempted by ORS 453.015(5); but where a food, drug, or cosmetic offers a substantial risk of injury or illness from any handling or use that is customary or us…

333-016-0090 Exemption from Full Labeling and Other Requirements (1) Any person who believes a particular hazardous substance intended or packaged in a form suitable for use in the household or by children should be exempted from full label compliance otherwise applicable under t…

333-016-0095 Exemptions for Small Packages, Minor Hazards, and Special Circumstances The following exemptions are granted for the labeling of hazardous substances under the provisions of OAR 333-016-0090: (1) When the sole hazard from a substance in a self-pressurized container i…

333-016-0100 Exemption for Unlabeled Containers (1) Except as provided by sections (2) and (3) of this rule, a shipment or other delivery of a hazardous substance that, in accordance with the practice of the trade is to be labeled in substantial quantity at an establishment other…

333-016-0105 Exemptions from Classification as Banned Hazardous Substances The term “banned hazardous substances” as used in ORS 453.055 shall not apply to the following articles, provided that these articles bear labeling giving adequate directions and warnings for safe use: (1)…

333-016-0110 Labeling of Toys, Including Games (1)(a) Labeling, literature, and marking. Known herein as Requirement No. 28. References in these rules to OAR 333-016-0110 shall include all subparagraphs of OAR 333-016-0110. Labeling requirements of OAR 333-016-0115 which are appl…

333-016-0115 Labeling Requirements, Placement, Conspicuousness, Contrast (1) The signal word, the statement of the principal hazard or hazards, and instructions to read carefully any cautionary information that may be placed elsewhere on the label shall appear together on the mai…

333-016-0120 Deceptive Use of Disclaimers A hazardous substance shall not be deemed to have met the requirements of ORS 453.035(2)(a) through (i) if there appears in or on the label or in accompanying literature, words, statements, designs, or other graphic material that in any m…

333-016-0125 Condensation of Label Information Whenever the statement of the principal hazard or hazards itself provides the precautionary measures to be followed or avoided, a clear statement of the principal hazard will satisfy both the provisions of ORS 453.035(2)(c) and (d). …

333-016-0130 Labeling Requirements for Accompanying Literature When any accompanying literature includes or bears any directions for use (by printed word, picture, design, or combination of such methods), such placard, pamphlet, booklet, book, sign, or other graphic or visual dev…

333-016-0135 Substances Determined to be “Special Hazards” (e.g., to children) Whenever the Administrator determines that for a particular hazardous substance intended or packaged in a form suitable for use in the household or by children, the requirements of ORS 453.035(2) are n…

333-016-0140 Substances with Multiple Hazards or Other Special Hazards (1) Any article that presents more than one type of hazard (for example, if the article is both “toxic” and “flammable”) must be labeled with an affirmative statement of each such hazard; precautionary measure…

333-016-0145 For the Following Substances and at the Following Concentrations, the Word “Poison” Is Necessary Instead of Any Signal Word (1) Hydrochloric acid and any preparation containing free or chemicallyunneutralized hydrochloric acid (HC1) in a concentration of ten percent …

333-016-0150 Self-Pressurized Containers; Labeling (1) Self-pressurized containers that fail to bear a warning statement adequate for the protection of the public health and safety may be misbranded under the Act, except as otherwise provided pursuant to ORS 453.035. (2) The foll…

333-016-0155 Methyl Alcohol-Base Radiator Antifreeze; Labeling (1) Methyl alcohol-base (methanol-base) radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the Act if the containers fail to bear a warning statement adequate …

333-016-0160 Ethylene Glycol-Base Radiator Antifreeze; Labeling (1) Ethylene glycol-base radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the Act if the containers fail to bear the following warning statements which the …

333-016-0165 Extremely Flammable Contact Adhesives; Labeling (1) Extremely flammable contact adhesives, also known as contact bonding cements, when distributed in containers intended or suitable for household use may be misbranded under the Act if the containers fail to bear a wa…

333-016-0170 Procedural Rules Procedure for the issuance, amendment, or repeal of rules declaring particular substances to be hazardous substances or banned hazardous substances shall be as specified in ORS Chapter 183 and the Attorney General’s Model Rules of Procedure thereunde…

333-016-0175 Prohibited Acts and Penalties The provisions of these rules with respect to the doing of any act shall be applicable also to the causing of such act to be done. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.085 & 453.095 History: HD 40, f…

333-016-0180 Guaranty In case of the giving of a guaranty or undertaking referred to in ORS 453.085(5), each person signing such guaranty or undertaking or causing it to be signed, shall be considered to have given it. Each person causing a guaranty or undertaking to be false is …

333-016-0185 Examinations and Investigations; Samples When any officer or employee of the Public Health Division collects a sample of a hazardous substance for analysis under the Act, the sample shall be designated as an official sample if records or other evidence is obtained by…

333-016-0190 “Administrator” Intended to Include “State Public Health Officer” Wherever in the foregoing rules OAR 333-016-0005 through 333-016-0185 the term “Administrator” is used, it is intended to also include and shall be deemed to additionally refer to the “State Public Hea…

333-016-2001 Toxic Free Kids Program; Effective Date (1) OAR 333-016-2001 to 333-016-3080 implement the Toxic Free Kids Act established by the Legislature in ORS 431A.253 to 431A.280. The presence of a high priority chemical of concern in a children’s product does not necessarily…

333-016-2010 Definitions The following definitions apply to OAR 333-016-2001 to 333-016-3080. (1) "Alternatives Assessment" or "AA" as described in OAR 333-016-3060 means the evaluation of the possibility of replacing chemicals in products or processes with inherently safer alter…

333-016-2020 Chemicals of High Concern to Children The following chemicals are designated as high priority chemicals of concern for children’s health when used in children’s products: (1) Formaldehyde (50-00-0). (2) Aniline (62-53-3). (3) N-Nitrosodimethylamine (62-75-9). (4) Ben…

333-016-2030 Modifications to the List of High Priority Chemicals of Concern for Children’s Health (1) The Oregon Health Authority (Authority) shall consider adding a chemical to the list of high priority chemicals of concern for children’s health in OAR 333-016-2020 if the chemi…

333-016-2035 Manufacturer Disclosure of High Priority Chemicals of Concern for Children’s Health Used in Children’s Products: Practical Quantification Limits (1) The practical quantification limit for a chemical that is a contaminant is 100 parts per million. (2) The practical qu…

333-016-2060 Notification Requirements (1) For purposes of this rule, "unit" has the same meaning as "component part" as that is defined in OAR 333-016-2010. (2) A manufacturer of a children’s product sold or offered for sale in this state that contains a high priority chemical o…

333-016-2065 Formal Communications Regarding Toxic Free Kids Formal communication between manufacturers or trade associations and the Authority relating to waiver, chemical substitution, chemical removal, or exemption requests, and their fees, shall be to and from ToxicFreeKids.P…

333-016-2070 Exemptions from Notice Requirement (1) A manufacturer of children’s products with annual worldwide gross sales of less than $5 million, as reported on the most recent tax return filed by the manufacturer before the notification required under OAR 333-016-2060, is exe…

333-016-2080 Fees (1) The following fees are established: (a) Notification. A nonrefundable fee of $250 for the notification of each HPCCCH reported to the Authority under OAR 333-016-2060(1). (b) Exemption request made under OAR 333-016-2070(3) or an amendment to an exemption re…

333-016-3010 Removal or Substitution of High Priority Chemicals (1) On or before the date on which a manufacturer of a children’s product must submit the third biennial notice required under OAR 333-016-2060 for a high priority chemical of concern to children's health (HPCCCH) th…

333-016-3015 Exemptions from Removal or Substitution Requirements (1) For purposes of this rule "children’s product" is a children’s product as defined in ORS 431A.253 that is: (a) Mouthable; (b) A children’s cosmetic; or (c) Made for, marketed for use by or marketed to children …

333-016-3020 Requirements for Chemical Substitution (1) For purposes of this rule a "children’s product" is a children’s product as defined in OAR 333-016-3015(1) that is: (a) Mouthable; (b) A children’s cosmetic; or (c) Made for, marketed for use by or marketed to children under…

333-016-3030 Hazard Assessment for Substitute Chemicals (1) A manufacturer must conduct a Hazard Assessment (HA) of the substitute chemical that includes: (a) A report: (A) By a Licensed GreenScreen Profiler using GreenScreen® for Safer Chemicals Hazard Assessment Guidance (Green…

333-016-3040 Waiver from Removal or Substitution Requirement (1) For purposes of applying for a waiver from the removal or substitution requirement in ORS 431A.260 "children’s product" is a children’s product that is: (a) Mouthable; (b) A children’s cosmetic; or (c) Made for, mar…

333-016-3050 Quantitative Exposure Assessment (1) For purposes of this rule, "inaccessible" means a HPCCCH that cannot be absorbed, swallowed, mouthed, or inhaled through normal and reasonably foreseeable use and abuse of the product. (2) A Quantitative Exposure Assessment (QEA) …

333-016-3060 Alternatives Assessment (1) An Alternatives Assessment (AA) must evaluate the possibility of replacing chemicals in products or processes with an inherently safer alternative, in order to better protect and enhance human health. (2) A manufacturer must conduct an AA …

333-016-3070 Trade Secrets (1) If a manufacturer submits information to the Authority in order to comply with these rules that the manufacturer believes is a trade secret, the manufacturer must mark the information "confidential – trade secret." (2) If the Authority receives a pu…

333-016-3080 Enforcement and Civil Penalties (1) The Oregon Health Authority (Authority) may impose a civil penalty on a manufacturer for a violation of any provision of ORS 431A.258, 431A.260 or 431A.263, or these rules. A civil penalty may not exceed: (a) $2,500 for the first v…

333-017-0000 Definitions For purposes of OAR chapter 333, divisions 17, 18 and 19, unless the context requires otherwise or a rule contains a more specific definition, the following definitions shall apply. (1) "AIDS": AIDS is an acronym for acquired immunodeficiency syndrome. An…

333-017-0005 Reference Documents The following publication, which is available for inspection at the Public Health Division, is incorporated by reference in whole or in part in OAR chapter 333, divisions 12, 17, 18, and 19: "Investigative Guidelines": Investigative Guidelines for…

333-018-0000 Who Is Responsible for Reporting (1) Each health care provider knowing of or attending a human case or suspected human case of any of the diseases, infections, or conditions listed in OAR 333-018-0015 shall report such cases as specified. Where no health care provide…

333-018-0005 To Whom Reports Shall Be Made (1) If an individual who is the subject of a report is an Oregon resident or temporarily resides in Oregon, reports shall be made to the local public health administrator for the patient’s county of residence, except for laboratory repor…

333-018-0010 Form of the Report (1) A health care provider required to report reportable diseases under ORS 433.004 and these rules shall submit to the local public health administrator a report that includes but is not limited to: (a) The identity, address, and telephone number …

333-018-0013 Electronic Laboratory Reporting (1) A licensed laboratory that, pursuant to ORS 433.004 and OAR chapter 333, division 18, sends an average of greater than 30 records per month to the local public health administrator shall electronically send all reportable disease d…

333-018-0015 What Is to Be Reported and When (1) Health care providers shall report all human cases or suspected human cases of the diseases, infections, microorganisms, intoxications, and conditions specified below. The timing of health care provider reports is specified to refl…

333-018-0017 Reporting of Veterinary Diseases (1) Laboratories shall report to the Oregon Public Health Division all test results indicative of and specific for the following diseases, infections, microorganisms, and conditions, within the following time frames, as follows: (a) I…

333-018-0018 Submission of Organisms or Specimens to the Public Health Laboratory Licensed laboratories are required to forward aliquots, specimens or cultures of the following organisms to the Oregon State Public Health Laboratory: (1) Select biological agents and toxins: Avian …