(1) The Oregon Health Authority may impose a civil penalty on a manufacturer of cosmetic products for a violation of any provision of ORS § 431A.340 or 431A.345.

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(2) For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct with regard to an entire cosmetic product line that is sold or offered for sale in this state.

(3) The authority shall adopt by rule a schedule of civil penalties for violations of ORS § 431A.340 or 431A.345. A civil penalty may not exceed $5,000 for the first violation. A civil penalty may not exceed $10,000 for the second and each subsequent violation.

(4) In imposing a penalty under this section, the authority shall consider the following factors:

(a) The past history of the manufacturer incurring a penalty in taking all feasible steps or following all feasible procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules, orders or permits pertaining to high priority chemicals of concern used in cosmetic products or the chemicals or classes of chemicals listed in ORS § 431A.345.

(c) The gravity and magnitude of the violation.

(d) Whether the violation was a sole event, repeated or continuous.

(e) Whether the violation was a result of an unavoidable accident, negligence or an intentional act.

(f) The violator’s cooperativeness and efforts to correct the violation.

(g) The economic and financial conditions of the manufacturer incurring a penalty.

(5) If the authority has reason to believe that a cosmetic product that contains a high priority chemical of concern used in cosmetic products is being sold or offered for sale in this state in violation of ORS § 431A.340, the authority may request that the manufacturer provide a statement of compliance on a form provided by the authority. The manufacturer must submit the statement of compliance within 10 days after receipt of a request. To prove compliance with ORS § 431A.340, the manufacturer must:

(a) Show that the cosmetic product does not contain the high priority chemical of concern used in cosmetic products at or above a de minimis level; or

(b) Show that the manufacturer complied with the notice requirements of ORS § 431A.340.

(6) If the authority has reason to believe that a cosmetic product that contains a chemical or class of chemicals listed in ORS § 431A.345 is being manufactured, sold, offered for sale, distributed for sale or distributed for use in this state in violation of ORS § 431A.345, the authority may request that the manufacturer provide a statement of compliance on a form provided by the authority. The manufacturer must submit the statement of compliance within 10 days after receipt of a request. To prove compliance with ORS § 431A.345, the manufacturer must show that the cosmetic product does not contain the intentionally added chemicals or class of chemicals listed in ORS § 431A.345 above the practical quantification limit. [2023 c.575 § 5]

431A.349 becomes operative January 1, 2027. See section 6, chapter 575, Oregon Laws 2023.

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