Children's Safe Products Act reporting

Product category or "brick" is a Global Product Classification (GPC) product description. GPC identifies products that serve a common purpose, are of a similar form and material, and share the same set of category attributes.

• Submit one report for all products that fit into a product category.
• A drop-down list of children’s product categories is available in the reporting platform.

Product component is the uniquely identifiable material or coating of the product. Choices for product components were developed in consultation with product testing laboratories and are available for you to select when you file your report:

• Indicate which product component contains CHCCs. 
• You do not need to report on “internal components" (as defined in Chapter 173-334-040 WAC).

Read our Children's Safe Products Reporting Rule: Product Components publication for more information.

​Report the highest amount of each CHCC found in a product component in each product category. You can report in ranges rather than the exact amount, based either on test results or manufacturing knowledge.

• If the CHCC is present as a contaminant: 
  Report any amount above 100 parts per million (ppm), unless you have a manufacturing control program in place and exercise due diligence to minimize the level of the contaminant.
   
• If the CHCC is intentionally added:
  Report any amount above the practical quantitation limit (PQL). Use the table below to help you determine target level PQLs.

Chemicals and the target level PQL

A list of chemical functions is available to select when you file your report in HPCDS.

Manufacturers are not required to test or certify that their products meet the reporting requirements of the Children’s Safe Products Act (CSPA), but they are responsible for knowing and reporting the amount of chemicals of high concern to children (CHCCs) in their products sold or offered for sale in Washington.

However, many manufacturers choose to test their products to assure their products comply with CSPA. Manufacturers can choose to:

• Work with their suppliers or a product testing laboratory to determine the presence of CHCCs in their product or product components.
• Conduct further testing to verify results provided by their supplier’s component testing.

Testing methods

Screening, such as x-ray flurorescence (XRF) can be an initial step in identifying products that may require further laboratory testing.

Follow these guidelines to choose a testing method:

• Choose a method that states it is intended for total digestion or extraction to demonstrate total concentration as required for CSPA reporting.
  Note: Methods that measure the soluble or leachable amount of a chemical do not meet CSPA reporting requirements.
• Use a method approved by an authoritative agency, such as the Environmental Protection Agency (EPA).

• Add certified reference material, when available, and request a case narrative of the data. This allows you to assure and assess data quality.

For more information or guidance, email CSPAreporting@ecy.wa.gov.

Product testing studies

We monitor the market by conducting product testing studies. We have initiated over 20 product testing studies on products such as children’s clothing, jewelry, cosmetics, toys, bottles, bedding, furniture, and more. As a result of our product testing efforts, we have issued over 150 compliance letters to manufacturers.

Study development

We develop studies that focus on priority toxic chemicals, popular products, underrepresented or more susceptible populations, and manufacturers with previous violations. Some of our studies include the following:

• Chemicals of High Concern to Children in Children’s Clothing, Footwear, and Accessories 2018.
• Cadmium and Other Metals in Children’s Jewelry 2018, follow up study.
• Assessment of Toxic Chemicals in Children’s Products, 2019.
• Flame Retardants in Fabrics of Children’s Play Tents and Other Products, 2023.

Enforcement actions

Most enforcement actions have specific deadlines that manufacturers need to respond by. Failure to respond by the deadline reduces the opportunity to contest the enforcement action. 

• RCW 70A.430.070 clarifies our enforcement process for manufacturers of restricted products, including penalties and required recall actions.
• WAC 173-334-120 clarifies our enforcement process for manufacturers that fail to comply with reporting requirements.

Additionally, we review all submitted reports before publishing and send inquiries to manufacturers if:

• A report is missing required information.
• A report is submitted past the deadline.
• A report includes a restricted CHCC over limits.
• A report is a duplicate or an overreport.
• We receive complaints.

Reported information helps fill a data gap that exists between consumers and agencies. The presence of a CHCC in a children's product does not necessarily mean that the product is harmful to human health or that there is any violation of existing safety standards or laws.

Manufacturer reports and search guide are available at Interstate Chemical Clearinghouse’s (IC2) High Priority Chemicals Data System (HPCDS). You do not need to register to search reported data.

HPCDS data has been cited by multiple publications including:

• California State Dept. of Toxics Substance Control: Background Document on Phthalates, Styrene, and Formaldehyde in Children’s Products summarizes preliminary findings and concerns about children’s products. (Oct. 2024).
• US Consumer Product Safety Commission: Organohalogen Flame Retardant Scope Document: Polyhalogenated Phthalate/Benzoate/Imide Subclass characterizes information on the chemistry, uses, human toxicity, exposure, and human health risks of the subclass. (Feb. 2024).
• ECHA (European Chemicals Agency) 10/31/2023 Investigation report to support the commission on the preparation of a restriction proposal for the use and presence of CMR 1A or 1B substances in childcare articles based on REACH Article 68 (2).
• Chemicals in Cosmetics Used by Washington Residents January 2023.
• To Dye For: How Toxic Fashion is Making us Sick and How we Can Fight Back by Alden Wicker discusses the history of toxic chemicals in the fashion industry and informs consumers about how to take action to reduce their exposure to these chemicals. (June 2023).
• US Consumer Product Safety Commission Staff Briefing Package – Project Plan: Organohalogen Flame Retardant Chemicals Assessment describes the recommended process for risk assessments. (July 2020).