Chapter 173-337 WAC – Safer Products Restrictions and Reporting

On May 31, 2023, Ecology adopted a new rule, Chapter 173-337 WAC – Safer Products Restrictions and Reporting. This new chapter implements a regulatory program to reduce toxic chemicals in consumer products and increase product ingredient transparency, as directed by Chapter 70A.350 RCW. Consumers use hundreds of items every day, many of which contain chemicals that are hazardous to human health and the environment. Ecology adopted a new rule to regulate hazardous chemicals in consumer products.

The adopted rule:

  • Implements regulatory actions reported to the Washington State Legislature in June 2022. 
  • Creates reporting requirements and restrictions that apply to priority consumer products that contain priority chemicals. These include:
    • 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.
  • Addresses existing stock, repair and replacement parts, refurbished products, and previously owned products.

The adopted rule becomes effective 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.

Rulemaking timeline

Timeline

Announcement phase (CR-101)

Filing date:
Nov. 17, 2021


Announcement documents

Rule development phase

June 2022 - Nov. 2022

Public input & involvement

Date  

Materials  

Location  

June 28, 2022, at 10 a.m. PDT

June 29, 2022, at 5:30 p.m. PDT

Webinar  

Aug. 16, 2022, at 9 a.m. PDT

Aug. 18, 2022, at 5:30 p.m. PDT

Webinar  

Ecology’s past informational meetings about the report:

Rule proposal phase (CR-102)

Filing date:
Dec. 7, 2022

Rule proposal documents:

Comment period

The public comment period closed on Feb. 5, 2023. See above for documents related to the Proposal Phase of the rulemaking. You can view:

We held public hearings via webinar on Jan. 18 and 19, 2023. During the public hearings, we presented an overview of the proposed rule, answered questions, and held the formal hearing to accept verbal testimony.

Additional languages

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Accessibility

To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.