Safer Products for Washington

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New rule adopted

On May 31, 2023, we adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting. This rulemaking includes requirements and restrictions for chemicals such as PFAS, phthalates, flame retardants, and other chemicals.

We're working with the Department of Health to implement a new law designed to reduce the use of toxic chemicals in consumer products by restricting or eliminating those toxics when safer alternatives are available. 

The Toxic Pollution law (Chapter 70A.350 RCW), creates a pathway to keep harmful chemicals out of the environment. Our program that implements the law is called Safer Products for Washington.

What does this law do?

The law authorizes us to regulate classes of chemicals in consumer products. It also identifies the first five priority chemical classes. 

Four-phase implementation process for Safer Products for Washington.

The law established a process for us to:

  • Designate priority chemicals.
  • Identify consumer products that contain these chemicals.
  • Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions.
  • Adopt rules to implement those regulatory actions.

Chemical restrictions require that safer alternatives are feasible and available. Each of these steps involve stakeholder consultation and legislative reporting.

Rulemaking

On May 31, 2023, we adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting. Under the new rule, manufacturers of consumer products are required to restrict or report:

  • PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings.
  • Ortho-phthalates in vinyl flooring and in personal care product fragrances.
  • Organohalogen flame retardants in electric and electronic products.
  • Flame retardants (as defined in RCW 70A.350.010) in recreational polyurethane foam.
  • Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.

The adopted rule goes into effect on July 1, 2023. Some manufacturers, distributors, and retailers must comply with restrictions on some consumer products starting on Jan. 1, 2025. Reporting parties must submit the first notification by Jan. 31, 2025.

Stay informed

Stay informed about opportunities for review and input:

Story map about safer products

Check out our story map about making consumer products safer. A "story map" is an online application that combines text with graphics, maps, and other multimedia to share information. Below are a few images of the story map.

Frequently asked questions

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