Bill Text: OR HB4123 | 2012 | Regular Session | Introduced

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Bill Title: Relating to high priority chemicals of concern for children's health used in children's products; declaring an emergency.

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4123 Detail]

Download: Oregon-2012-HB4123-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 244

                         House Bill 4123

Sponsored by Representatives KENY-GUYER, THOMPSON, Senators
  BATES, BOQUIST; Representatives BAILEY, BUCKLEY, DEMBROW,
  DOHERTY, FREDERICK, GELSER, HARKER, HOLVEY, KOTEK, TOMEI,
  Senators DINGFELDER, HASS, MONNES ANDERSON, ROSENBAUM, SHIELDS,
  STEINER HAYWARD (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Oregon Health Authority to maintain list of designated
high priority chemicals of concern for children's health used in
children's products. Requires authority to post list, and
information regarding health impacts associated with exposure to
each chemical, on authority's website. Requires authority to
periodically review and revise list.
  Requires manufacturers of certain children's products to
provide notice to authority regarding chemicals on list.
  Allows authority to enter into certain data-sharing agreements
with other states. Allows authority to participate in Interstate
Chemicals Clearinghouse. Allows authority to accept certain
funding.
  Makes manufacturer's failure to disclose information about
chemicals on list unlawful trade practice.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to high priority chemicals of concern for children's
  health used in children's products; creating new provisions;
  amending ORS 646.608; and declaring an emergency.
  Whereas many children's products contain chemicals that pose a
risk to the health of children; and
  Whereas reducing the exposure of children to chemicals in
children's products contributes to the health of children and the
long-term well-being of children; and
  Whereas providing the public with information regarding the
known health impacts associated with exposure to chemicals in
children's products helps to ensure this state's commitment to
the health of present and future generations; now, therefore,
Be It Enacted by the People of the State of Oregon:

                               { +
DEFINITIONS + }

  SECTION 1.  { + As used in sections 1 to 9 of this 2012 Act:
  (1) 'Chemical' means:
  (a) A substance with a distinct molecular composition.
  (b) A group of structurally related substances and the
breakdown products of the substance or substances that form
through decomposition, degradation or metabolism.
  (2)(a) 'Children's cosmetics' means products that are made for,
marketed for use by or marketed to children under the age of 12
and are intended to be rubbed, poured, sprinkled or sprayed on,
introduced into or otherwise applied to the human body or any
part thereof for cleansing, beautifying, promoting attractiveness
or altering the appearance.
  (b) 'Children's cosmetics' does not mean soap, dietary
supplements or food and drugs approved by the United States Food
and Drug Administration.
  (3)(a) 'Children's product' means:
  (A) A product designed or intended by the manufacturer to help
a child with sucking or teething to facilitate sleep, relaxation
or feeding of a child or to be worn as clothing by a child.
  (B) Car seats for children.
  (C) Children's cosmetics.
  (D) Children's jewelry made for, marketed for use by or
marketed to children under the age of 12.
  (E) Toys designed, or intended by the manufacturer, to be used
by a child at play.
  (F) Any component part of a product specified in subparagraphs
(A) to (E) of this paragraph.
  (b) 'Children's product' does not mean:
  (A) Athletic shoes with cleats or spikes.
  (B) Batteries.
  (C) BB guns, pellet guns and air rifles.
  (D) Bicycles and tricycles.
  (E) Chemistry sets.
  (F) Consumer electronic products, including personal computers,
audio and video equipment, calculators, wireless telephones and
game consoles and handheld devices incorporating a video screen
and used to access interactive software and the associated
peripherals.
  (G) Interactive software intended for leisure and
entertainment, such as computer games, and their storage media,
such as compact discs.
  (H) Model rockets.
  (I) Pocketknives and multitools.
  (J) Roller skates.
  (K) Scooters.
  (L) Sets of darts with metallic points.
  (M) Slings and catapults.
  (N) Snow sporting equipment, including skis, poles, boots,
snowboards, sleds and bindings.
  (O) Sporting equipment, including bats, balls, gloves, sticks,
pucks and pads.
  (P) Video toys that can be connected to a video screen and are
operated at a nominal voltage exceeding 24 volts.
  (4) 'Manufacturer' means:
  (a) Any person that manufactures a final consumer product sold
at retail or whose brand name is affixed to the consumer product.
  (b) The importer or domestic distributor of a consumer product
imported into the United States if the person that manufactured
or assembled the consumer product or whose brand name is affixed
to the consumer product does not have a presence in the United
States.
  (5) 'Trade association' means a membership organization of
persons engaging in a similar or related line of commerce,
organized to promote and improve business conditions in that line
of commerce and not to engage in a regular business of a kind
ordinarily carried on for profit. + }

                               { +
HIGH PRIORITY CHEMICALS OF CONCERN FOR CHILDREN'S + }
                               { +
HEALTH USED IN CHILDREN'S PRODUCTS + }

  SECTION 2.  { + The Oregon Health Authority shall maintain a
list of high priority chemicals of concern for children's health
used in children's products. The authority shall include on the
list chemicals that are listed on both:
  (1) The Department of Environmental Quality's Toxics Focus List
on the effective date of this 2012 Act; and
  (2) The Washington State Department of Ecology's Reporting List
of Chemicals of High Concern to Children on the effective date of
this 2012 Act. + }
  SECTION 3.  { + The Oregon Health Authority shall post the list
of high priority chemicals of concern for children's health used
in children's products established under section 2 of this 2012
Act on its website. For each chemical on the list, the authority
shall post information regarding the known health impacts
associated with exposure to the chemical. + }
  SECTION 4.  { + Section 3 of this 2012 Act becomes operative on
January 1, 2013. + }
  SECTION 5.  { + (1) The Oregon Health Authority shall review
and revise the list of high priority chemicals of high concern
for children's health used in children's products established by
section 2 of this 2012 Act every two years.
  (2) The authority by rule may add chemicals to the list that
are listed on both:
  (a) The Department of Environmental Quality's Toxics Focus List
after the effective date of this 2012 Act; and
  (b) The Washington State Department of Ecology's Reporting List
of Chemicals of High Concern to Children after the effective date
of this 2012 Act.
  (3) The authority by rule may add a chemical to the list that
is listed on either list specified in subsection (2) of this
section and that meets at least one of the following criteria:
  (a) The chemical has been found through government or
academically sponsored biomonitoring to be present in human
blood, including umbilical cord blood, or in breast milk, urine
or other bodily tissues or fluids; or
  (b) The chemical has been found through government or
academically sponsored sampling and analysis research to be
present in household dust, indoor air or drinking water.
  (4) The authority by rule may remove a chemical from the list
if the authority determines that the chemical is no longer being
used in children's products.
  (5) The authority shall update the list on its website within
three months of the date on which a chemical is added to, or a
chemical is removed from, the list under this section. + }
  SECTION 6.  { + Section 5 of this 2012 Act becomes operative on
January 1, 2015. + }

                               { +
MANUFACTURER DISCLOSURE OF HIGH PRIORITY CHEMICALS + }
                               { +
OF CONCERN FOR CHILDREN'S HEALTH USED IN CHILDREN'S PRODUCTS + }

  SECTION 7.  { + (1) A manufacturer of children's products sold
or offered for sale in this state shall provide the notice
described in subsection (2) of this section every two years to
the Oregon Health Authority if a children's product contains a
chemical listed as a high priority chemical of concern for
children's health used in children's products at levels above 100
parts per million.
  (2) The notice required by subsection (1) of this section must
contain:
  (a) The name of the chemical contained in the children's
product and the Chemical Abstracts Service number;
  (b) A brief description 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 in ranges rather than exact amounts;
  (e) The name and address of the manufacturer, and the name,
address and phone number of a contact person for the
manufacturer; and
  (f) Any other information that is relevant to the appropriate
use of the children's product.
  (3)(a) In order for the authority to obtain the information
required in the notice described in subsection (2) of this
section, the authority may enter into reciprocal data-sharing
agreements with other states in which a manufacturer of
children's products is also required to disclose information
related to high priority chemicals of concern for children's
health used in children's products. 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
directly reporting 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 meets the description 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 given to the Interstate Chemicals
Clearinghouse. The authority by rule shall specify procedures for
the provisions of such notice by manufacturers to the Interstate
Chemicals Clearinghouse.
  (5) Manufacturers of children's products with annual worldwide
gross sales of less than $5 million, as reported on the most
recent tax returns filed before the notice required by this
section, are exempt from the requirements of this section.
  (6) A trade organization may provide notice on behalf of its
member manufacturers under the provisions of this section. + }
  SECTION 8.  { + The Oregon Health Authority may not disclose
any information obtained by the authority from a manufacturer
under the provisions of section 7 of this 2012 Act that would:
  (1) Allow the identification of a manufacturer; or
  (2) Disclose confidential business information of a
manufacturer. + }
  SECTION 9. { +  Sections 7 and 8 of this 2012 Act become
operative on January 1, 2014. + }

                               { +
INTERSTATE CHEMICALS CLEARINGHOUSE + }

  SECTION 10.  { + The Oregon Health Authority is authorized to
participate in the Interstate Chemicals Clearinghouse in
cooperation with other states and government entities to assist
the authority in carrying out sections 1 to 9 of this 2012
Act. + }

                               { +
FUNDING + }

  SECTION 11.  { + The Oregon Health Authority may accept gifts,
grants or contributions from any public or private source for the
purpose of carrying out sections 1 to 9 of this 2012 Act. All
moneys received by the authority under this section shall be paid
into the State Treasury and deposited to the credit of the Oregon
Health Authority Fund established by ORS 413.101. Such moneys
shall be used by the authority for the purposes of sections 1 to
9 of this 2012 Act. + }

                               { +
UNLAWFUL TRADE PRACTICE + }

  SECTION 12. ORS 646.608 is amended to read:
  646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
  (a) Passes off real estate, goods or services as those of
another.
  (b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
  (c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
  (d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
  (e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
  (f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
  (g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
  (h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
  (i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
  (j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
  (k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
  (L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
  (m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
  (n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
  (o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is

contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
  (p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
  (q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
  (r) Organizes or induces or attempts to induce membership in a
pyramid club.
  (s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
  (t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
  (u) Engages in any other unfair or deceptive conduct in trade
or commerce.
  (v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
  (w) Manufactures mercury fever thermometers.
  (x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
  (A) Prescribed by a person licensed under ORS chapter 677; and
  (B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
  (y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
  (z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
  (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
  (bb) Violates ORS 646A.070 (1).
  (cc) Violates any requirement of ORS 646A.030 to 646A.040.
  (dd) Violates the provisions of ORS 128.801 to 128.898.
  (ee) Violates ORS 646.883 or 646.885.
  (ff) Violates ORS 646.569.
  (gg) Violates the provisions of ORS 646A.142.
  (hh) Violates ORS 646A.360.
  (ii) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
  (jj) Violates ORS 646.563.
  (kk) Violates ORS 759.690 or any rule adopted pursuant thereto.
  (LL) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
  (mm) Violates ORS 646A.210 or 646A.214.
  (nn) Violates any provision of ORS 646A.124 to 646A.134.
  (oo) Violates ORS 646A.095.
  (pp) Violates ORS 822.046.
  (qq) Violates ORS 128.001.
  (rr) Violates ORS 646.649 (2) to (4).
  (ss) Violates ORS 646A.090 (2) to (4).
  (tt) Violates ORS 87.686.
  (uu) Violates ORS 646.651.
  (vv) Violates ORS 646A.362.
  (ww) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
  (xx) Violates ORS 180.440 (1) or 180.486 (1).
  (yy) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
  (zz) Violates ORS 87.007 (2) or (3).
  (aaa) Violates ORS 92.405 (1), (2) or (3).
  (bbb) Engages in an unlawful practice under ORS 646.648.
  (ccc) Violates ORS 646A.365.
  (ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
  (eee) Sells a gift card in violation of ORS 646A.276.
  (fff) Violates ORS 646A.102, 646A.106 or 646A.108.
  (ggg) Violates ORS 646A.430 to 646A.450.
  (hhh) Violates a provision of ORS 744.318 to 744.384, 744.991
and 744.992.
  (iii) Violates a provision of ORS 646A.702 to 646A.720.
  (jjj) Violates ORS 646A.530 30 or more days after a recall
notice, warning or declaration described in ORS 646A.530 is
issued for the children's product, as defined in ORS 646A.525,
that is the subject of the violation.
  (kkk) Violates a provision of ORS 697.612, 697.642, 697.652,
697.662, 697.682, 697.692 or 697.707.
  (LLL) Violates the consumer protection provisions of the
Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as
in effect on January 1, 2010.
  (mmm) Violates a provision of ORS 646A.480 to 646A.495.
  (nnn) Violates ORS 646A.082.
  (ooo) Violates ORS 646.647.
  (ppp) Violates ORS 646A.115.
  (qqq) Violates a provision of ORS 646A.405.
  (rrr) Violates ORS 646A.092.
  (sss) Violates a provision of ORS 646.644.
  (ttt) Violates a provision of ORS 646A.295.
   { +  (uuu) Violates a provision of section 7 of this 2012
Act. + }
  (2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
  (3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
  (4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
  (5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(xx)
of this section by a person other than a prosecuting attorney,
relief is limited to an injunction and the prevailing party may
be awarded reasonable attorney fees.

                               { +
MISCELLANEOUS + }

  SECTION 13.  { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }

                               { +
EMERGENCY CLAUSE + }

  SECTION 14.  { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an

emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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