Safer Products for Washington

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Cycles 1.5 and 2 are underway

We are currently working on the following Safer Products for Washington cycles:

Learn more about the phases and cycles.

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.

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

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 the following four phases:

Four-phase implementation process for Safer Products for Washington.

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

  • Phase 1: Select priority chemicals and chemical classes to focus on in the new cycle.
  • 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.

What cycle are we in?

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

Cycle 1.5

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.

We’ll submit our regulatory determinations report to the Legislature and then we’ll fully transition to rulemaking. A final rule will be in place by Dec. 2025.

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.

Completed cycles and adopted rules

Cycle 1

On May 31, 2023, we adopted 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 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.

Timeline

Frequently asked questions


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