Is Oregon Slamming the Door on Deca Pallets? Interpreting the Guidance

Last week we linked to the Pallet Enterprise story on the Oregon deca ban and pallet implications. I hope I’m not the only one confused as to whether used plastic pallets in a closed pool or reissued pallets in a rental program would be allowable. I have calls into iGPS and Oregon Health Authority, as well as a supermarket chain, but have not yet benefited from a response.

Additionally, I want to stress that for the purpose of this analysis I have parked my feelings about whether or not plastic pallets containing more than 0.1% decaBDE should or should not be allowed. I’m just trying to understand the Interpretive and Policy Guidance from the Oregon Health Authority with respect to the banning of Decabrominated diphenyl ether and other flame retardants in that state. There are definitely some grey areas.

Let’s start with what we do know. New pallets and containers will not be exempt. Any new products containing more than 0.1% of decaBDE, including pallets and reusable containers, cannot be introduced into the state after January 1, 2011. The Guidance specifies that “…plastic shipping pallets would be subject to the ban and therefore cannot contain more than one tenth of one percent (0.10%) of the hazardous substances listed above.”

Additionally, the Guidance states that there can be no grandfathering for new products being introduced: “Unless expressly excluded in statute, all products introduced into commerce after January 1, 2011 must comply with this law. The law provides no “grandfather” provision or any phase-in of compliance.”

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  1. Fine piece of reporting… Please keep us up to date on how this turns out.

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