ORS § 431A.330

Current through 2024 Regular Session legislation effective April 17, 2024
Section 431A.330 - Definitions

As used in ORS 431A.330 to 431A.349:

(1) "Chemical" means:
(a) A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism; or
(b) A group of structurally related substances and the breakdown products of the substances that form through decomposition, degradation or metabolism.
(2) "Class of chemicals" means a group of chemicals that are related or similar based on their structure, use, physical property, radiological property or other factors.
(3) "Contaminant" means trace amounts of chemicals that are incidental to manufacturing and that serve no intended function in the product component, including but not limited to:
(a) Unintended by-products of chemical reactions during the manufacture of the product component;
(b) Trace impurities in feedstock;
(c) Incompletely reacted chemical mixtures; and
(d) Degradation products.
(4)
(a) "Cosmetic product" means an article 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, and any article intended for use as a component of such an article.
(b) "Cosmetic product" includes cosmetics marketed to professionals.
(c) "Cosmetic product" does not include:
(A) Soap;
(B) Dietary supplements; or
(C) Food and drugs regulated by the United States Food and Drug Administration.
(5) "De minimis level" means:
(a) For a chemical that is an intentionally added chemical, the practical quantification limit; or
(b) For a chemical that is a contaminant, a concentration of 100 parts per million.
(6) "Formaldehyde releasing agent" means a chemical that releases formaldehyde.
(7) "Intentionally added chemical" means a chemical in a product that serves an intended function in the product component.
(8)
(a) "Manufacturer" means any person that produces a cosmetic product or an importer or domestic distributor of a cosmetic product.
(b) "Manufacturer" does not mean:
(A) A retailer that sells to consumers cosmetic products produced by a third party.
(B) A grocery wholesaler or grocery retailer that contracts with a third party to produce cosmetic products on behalf of and under the brand of the grocery wholesaler or grocery retailer.
(c) For the purposes of this subsection, "importer" means the owner of the product.
(9) "Ortho-phthalates" means esters of ortho-phthalic acid.
(10) "Perfluoroalkyl and polyfluoroalkyl substances" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(11) "Practical quantification limit" means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions.

ORS 431A.330

Added by 2023 Ch. 575, § 1