Washington State Finalizes Cycle One of Safer Products Restrictions and Reporting

Washington’s Department of Ecology adopted a new rule, Chapter 173-337 WAC – Safer Products Restrictions and Reporting. This rule applies to any person that manufacturers, distributes, or sells a priority consumer product that contains a priority chemical in the state of Washington. This first cycle includes several restrictions and reporting requirements.

Requirement Summary of Cycle 1:

PFAS in:
• Aftermarket stain and water resistance treatments for textile and leather consumer products
o Restricts intentionally added PFAS as of Jan. 1, 2025
• Carpets and rugs (including carpeted mats) for indoor and outdoor use
o Restricts intentionally added PFAS as of Jan. 1, 2025
• Leather and textiles furniture and furnishings intended for indoor use
o Restricts intentionally added PFAS as of Jan. 1, 2026
• Leather and textiles furniture and furnishings intended for outdoor use
o Reporting takes effect on Jan. 1, 2024
o Must submit notification by Jan. 31, 2025 and annually thereafter
• Ecology presumes the detection of total fluorine indicates the addition of PFAS, however manufacturers may contest the presence by providing credible evidence that demonstrates PFAS were not intentionally added.

Ortho-phthalates in:
• Fragrances sold separately, such as perfumes and colognes, and fragrances used in beauty products and personal care products regardless of whether the item contains drug ingredients regulated by the Food and Drug Administration (FDA)
o Restricts intentionally added ortho-phthlates used as a solvent or fixative for fragrances as of Jan. 1, 2025
• Vinyl flooring
o Restricts added ortho-phthalates more than 1000 ppm, individually or combined as of Jan. 1, 2025
• Ecology presumes the detection of ortho-phthalates not listed in the ingredients indicates the intentional additions of ortho-phthalates as solvents or fixatives for fragrance ingredients. Manufacturers may rebut the presumption as long as credible evidence is officially provided to demonstrate ortho-phthalates were not intentionally added.

Flame retardants in:
• Electric and electronic products with plastic external enclosures, intended for indoor use, and powered by battery or standard 120-volt outlets and designed for up to 20-amp circuit, with some exceptions, that contain intentionally added organohalogen flame retardants
o Restriction as of Jan. 1, 2025 for certain electronic displays and televisions
• Persons with gross sales equal to or more than $1 million: Restrictions take effect as of Jan. 1, 2027
• Those with gross sales less than $1 million: Restrictions take effect as of Jan. 1, 2028
• Electric and electronic products with plastic external enclosures, intended for outdoor use, and powered by battery or standard 120-volt outlets and designed for up to 20-amp circuit, with some exceptions, that contain intentionally added organohalogen flame retardants
o Reporting takes effect as of Jan. 1, 2024
o Must submit notification by Jan. 31, 2025, and annually thereafter
• Recreational covered wall padding made from polyurethane foam that contains intentionally added priority chemicals, including an intentionally added organohalogen flame retardant and/or one of the following organophosphate flame retardants: Ethylhexyl diphenyl phosphate (EHDPP); Isopropylated triphenyl phosphate (IPTPP); Tributyl phosphate (TNBP); Triorthocresyl phosphate (TCP); Triphenyl phosphate (TPP)
o Reporting takes effect as of Jan. 1, 2024
o Must submit notification by Jan. 31, 2025, and annually thereafter
• Other recreational products made from polyurethane (PU) foam that contains intentionally added priority chemicals, including an organohalogen flame retardant and/or one of the following organophosphate flame retardants: EHDPP; IPTPP; TNBP; TCP; TPP
o Restriction as of Jan. 1, 2025
• Ecology presumes the detection of total bromine, total chlorine, or total fluorine above 1000 ppm and less than 5000 ppm total phosphorus (if fluorine is over 1000 ppm) indicates the intentional addition of organohalogen flame retardants. Manufacturers may rebut as long as credible evidence is officially provided to demonstrate they were not intentionally added.

Alkylphenol ethoxylates (APEs) in:
• Laundry detergent
o Restricts APEs to no more than 1000 ppm individually or combined as of Jan. 1, 2025

Bisphenols in:
• Drink can liners
o Restricts bisphenol based epoxy can liners, excluding TMBPF-based liners, as of Jan. 1, 2025
• Food can liners
o Reporting takes effect on Jan. 1, 2024 for intentionally added bisphenols, except TMBPF-based epoxy can liners
o Must submit notification by Jan. 31, 2025, and annually thereafter
• Thermal paper
o Restricts intentionally added bisphenols (above 200 ppm), as of Jan. 1, 2026

Products manufactured prior to the effective dates are exempt from the restrictions and reporting requirements. Refer to rule for complete definitions, scopes and exemptions.

A person may submit a request for an exemption. The state will take into consideration factors such as if the priority chemical is functionally necessary to the priority product and if there is no alternative, if it is not currently possible to comply with the restrictions and comply with another legally imposed requirement, and if there is an unforeseen event or circumstance, which limits the availability of an alternative.

Links: Final Rule: https://ecology.wa.gov/DOE/files/8f/8f0d08ca-b529-4453-a797-13c6c635d282.pdf
Chapter 173-337 WAC Safer Products Restrictions and Reporting: Rule Implementation Plan: Safer Products Restrictions and Reporting (wa.gov)

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