Safer Products for Washington

Cycle 1.5 informal public comment period open until Oct. 16

Cycle 1.5 informal public comment period is open Sept. 18, 2024, at 12 a.m. until Oct. 16, 2024, at 11:59 p.m. This comment period is related to rulemaking for Chapter 173-337 WAC.

For more information:

View presentation materials from the webinar we held Sept. 25 to discuss the rulemaking and answer questions.
Learn more about Cycle 1.5 and Cycle 2.

Our Safer Products for Washington program works with the Department of Health to implement the Toxic Pollution Law (Chapter 70A.350 RCW).

Click the link to go to our Safer Products for Washington story map to learn about the law and how it impacts you. — Learn more about this law. Click the image to see our Safer Products for Washington story map.

This law:

Reduces the use of toxic chemicals in consumer products by restricting or eliminating those chemicals when safer alternatives are available.
Creates a pathway to keep harmful chemicals out of the environment.
Authorizes us to regulate chemicals in consumer products in 5-year cycles.

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How does this law work?

The law establishes an ongoing process for us to identify and regulate priority chemicals in 5-year cycles. Each cycle consists of four phases:

Four phases of Safer Products for Washington implementation and their corresponding deadlines. — Four-phase implementation process for Safer Products for Washington.

Phase 1: Select priority chemicals and chemical classes to focus on.
Phase 2: Identify consumer products that contain these chemicals.
Phase 3: Decide whether to regulate the chemical-product combinations by requiring reporting or chemical restrictions.
Phase 4: Adopt rules to implement the regulatory actions.

While working through the four phases, we do technical research, seek public input, consult with Department of Health, and report to the Legislature.

What cycle are we in?

There are two active Safer Products for Washington cycles — cycle 1.5 and cycle 2.

Cycle 1.5, phase 4: Rulemaking

We published a report regulating the use of PFAS in certain products and started rulemaking for cycle 1.5. A final rule will be in place by Dec. 2025.

In 2022, the Washington State Legislature asked us to create regulatory recommendations for some products that contain PFAS. In cycle 1.5, we’re looking at firefighting PPE (personal protective equipment) and other products from our 2021 PFAS chemical action plan (CAP), like apparel and gear, cleaning products, and motor vehicle washes and waxes.

Cycle 2, phase 2: Identify priority chemicals

We published a report identifying priority chemicals for cycle 2. We’ll continue working on chemical classes and specific products from cycle 1.5 that require more research and look at 6PPD in motorized vehicle tires. We’ll submit a report to the Legislature that lists the chemicals and chemical classes we plan to focus on for cycle 2.

To learn more:

Completed cycles and adopted rules

Cycle 1 adopted: Effective July 1, 2023

On May 31, 2023, we adopted Cycle 1 - Chapter 173-337 WAC – Safer Products Restrictions and Reporting. The adopted rule went into effect July 1, 2023. Some manufacturers, distributors, and retailers must comply with restrictions on some consumer products starting Jan. 1, 2025. Reporting parties must submit the first notification by Jan. 31, 2025.

The Cycle 1 adopted rule requires manufacturers 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.

Read our Safer Products for Washington Cycle 1: Adopted Rule Highlights for more information.

Frequently asked questions

Information about how you interact with products we’ve identified as priority products is always useful. It helps us understand how product use varies across individuals and communities. While your use of a product might seem obvious, it could be a use we haven’t considered. Suggestions for additional chemical classes or consumer products to evaluate are also helpful.

How to submit feedback

Email us at SaferProductsWA@ecy.wa.gov. We welcome feedback anytime and are also available to meet with individuals and organizations in person.

Translated content

We offer free language services about our programs and services for people whose primary language is not English. We can provide written information in your preferred language and interpreters in person or over the telephone.

Contact our Language Access team: civilrights@ecy.wa.gov

Contact information

Safer Products for Washington
SaferProductsWA@ecy.wa.gov

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