Requirements by product
| Product | Requirement | Effective | Status | Source |
|---|---|---|---|---|
| Food packagingBan | A person may not sell, offer for sale, or distribute in or into Oregon a foodware container containing intentionally added PFAS.Foodware container includes bowls, plates, cups, lids, clamshells and other containers or items used to serve or contain prepared food, including takeout and leftovers. The same act bans polystyrene foam containers. | January 1, 2025 | In force | ORS 459.474; Oregon Laws 2023 ch. 73, secs. 4 and 7 |
| CosmeticsBan | A manufacturer may not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in Oregon any cosmetic product containing intentionally added PFAS above the practical quantification limit.OHA sets PQLs by rule (draft OAR 333-016-4075). Applies even if the product contains FDA-regulated drug ingredients. From the same date manufacturers must post website notices for products containing listed high priority chemicals at or above de minimis levels (ORS 431A.340); the list is still being drafted. | January 1, 2027 | Scheduled | ORS 431A.345; Oregon Laws 2023 ch. 575, sec. 6 |
| Children's productsReporting | Manufacturers of children's products sold in Oregon must give OHA biennial notice when a product contains a listed high priority chemical at or above the de minimis level. PFOA (CAS 335-67-1) was added to the list effective Jan. 1, 2025; PFOS (CAS 1763-23-1) was already listed.De minimis is the PQL for intentionally added chemicals and 100 ppm for contaminants. Notices are due Jan. 31 of even-numbered years for the prior two years (OAR 333-016-2060(4)). Products for children under 3, mouthable products and children's cosmetics that still contain a listed chemical reported in three notices may not be sold from January 31 of the fourth biennial notice period unless a substitution, waiver or exemption request was filed by the third notice due date. | January 1, 2025 | Applies | OAR 333-016-2020(55), (63); OAR 333-016-2060; OAR 333-016-3010 |
| Firefighting foamUse limit | A fire department, including its employees and volunteers, may not use PFAS firefighting foam in Oregon.Exception where a Federal Aviation Administration regulation or other federal law requires it. The act took effect Jan. 1, 2026 but section 1 became operative July 1, 2026. The act sets no penalty. | July 1, 2026 | In force | Oregon Laws 2025 ch. 86, secs. 1 and 2 |
The laws
Oregon
PFAS in foodware containers (SB 543)
- Citation
- ORS 459.465 to 459.477 (PFAS: ORS 459.474); penalties ORS 459.995(1)(i)
- Enacted by
- SB 543 (2023), Oregon Laws 2023 ch. 73
- Enacted or adopted
- May 8, 2023
- Status
- In force
- Source
- https://www.oregonlegislature.gov/bills_laws/ors/ors459.html
How it defines PFAS
a substance included in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom" (ORS 459.465(3))
Penalties. Civil penalty up to $500 per day of violation, imposed under ORS 468.135 (ORS 459.995(1)(i)). The Environmental Quality Commission may adopt rules (ORS 459.477).
Oregon
PFAS firefighting foam use ban (SB 91)
- Citation
- Oregon Laws 2025 ch. 86, sec. 1
- Enacted by
- SB 91 (2025), Oregon Laws 2025 ch. 86
- Enacted or adopted
- May 14, 2025
- Status
- In force
- Source
- https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2025orLaw0086.pdf
Intentionally added
PFAS firefighting foam" means "a foam substance that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance and that is used to control or extinguish fire.
Exemptions
- Use required by FAA regulation or other federal law.
Oregon
Toxic-Free Cosmetics Act
- Citation
- ORS 431A.330 to 431A.349 (PFAS: ORS 431A.345(1)(b)); draft OAR 333-016-4001 to 333-016-4080
- Enacted by
- SB 546 (2023), Oregon Laws 2023 ch. 575
- Enacted or adopted
- July 31, 2023
- Status
- Enacted, not yet in effect
- Source
- https://www.oregonlegislature.gov/bills_laws/ors/ors431A.html
How it defines PFAS
a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom" (ORS 431A.330(10))
Intentionally added
a chemical in a product that serves an intended function in the product component" (ORS 431A.330(7))
Exemptions
- Soap, dietary supplements, and food and drugs regulated by FDA are not cosmetic products (ORS 431A.330(4)(c)).
- Retailers selling third-party products and grocers with third-party private-label products are not manufacturers (ORS 431A.330(8)(b)).
Penalties. OHA civil penalty up to $5,000 for a first violation and $10,000 for each later violation; a violation is a course of conduct for an entire product line (ORS 431A.349).
Oregon
Toxic-Free Kids Act (children's products reporting)
- Citation
- ORS 431A.253 to 431A.280; OAR 333-016-2020 (list), 333-016-2060 (notices), 333-016-3010 (removal or substitution)
- Enacted by
- Toxic-Free Kids Act (2015) and Toxic-Free Kids Modernization Act (2023); bill numbers not confirmed in this review
- Status
- In force
- Source
- https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1231
Timeline
- May 8, 2023 Enacted
Governor approved SB 543 (PFAS foodware and polystyrene foam ban). Source - July 31, 2023 Enacted
Governor approved SB 546 (Toxic-Free Cosmetics Act). Source - December 22, 2024 Rule
OHA filed a rule adding PFOA to the Toxic-Free Kids Act high priority chemical list, effective Jan. 1, 2025. Source - January 1, 2025 Took effect
PFAS foodware container ban became operative; PFOA listing took effect. Source - May 14, 2025 Enacted
Governor approved SB 91 (fire department PFAS foam use ban). Source - January 31, 2026 Reporting
Biennial Toxic-Free Kids Act notices due, the first to cover PFOA. Source - July 1, 2026 Took effect
SB 91 ban on fire department use of PFAS foam became operative. Source - July 30, 2026 Rule
OHA began Rules Advisory Committee meetings on Toxic-Free Cosmetics Act rules. Source