The Departments of Ecology and Health will use this site to share information and draft documents as we implement Chapter 70A.350 Revised Code of Washington (formerly Chapter 70.365 RCW). Our implementation program for the law is called Safer Products for Washington.
We started a new cycle of Safer Products for Washington implementation, during which we identified priority chemicals and chemical classes. On May 30, 2024, we published the Identification of Priority Chemicals Report to the Legislature. In this report, we identified seven chemical classes as priority chemicals for cycle 2.
Cadmium and cadmium compounds
Lead and lead compounds
Organobromine and/or organochlorine substances
Benzene, ethyl benzene, toluene, and xylene substances (BTEX)
Formaldehyde and formaldehyde releasers
Cyclic volatile methylsiloxanes (cVMS)
6PPD
We also published two additional cycle 2 resources in May 2024:
To gather input during phase 1, we hosted a public comment period in summer 2023. You can read submitted comments on our online comment form webpage.
We are working on Safer Products for Washington cycle 2 phase 2.
Cycle 2 webinars
In July 2024, we hosted a webinar to share a high-level summary of the final Priority Chemicals Report to the Legislature, an update on our priority products research and answer questions. If you're interested in learning more, please see the resources below.
Join the Safer Products for Washington team on November 14, 2024, for an informational webinar as we provide an overview of the Cycle 2 Draft Identification of Priority Products Report to the Legislature. We'll present information on the potential priority consumer products we identified and answer your questions.
We'll cover the same information in both webinars.
Register for the Safer Products for Washington Cycle 2 webinars
We invite you to share your feedback on the draft report. The public comment period is open from November 1 at 12:00 a.m. to Dec. 16, 2024, at 11:59 p.m. You can comment by:
Thank you to everyone who responded to our Safer Products for Washington survey this spring (from March 6 to April 12, 2024). The survey feedback helped us understand which consumer products are most important to Washington communities and to select products to evaluate in cycle 2. We'll use this information in future Safer Products for Washington work.
In 2022, the Washington State Legislature amended the Safer Products for Washington law to add an additional cycle of work focusing on PFAS in consumer products. This new cycle falls between cycle 1 and cycle 2, so we're calling it cycle 1.5. In cycle 1.5, we focus on making regulatory determinations on products identified in our 2021 PFAS Chemical Action Plan (CAP).
In 2023, we also hosted two webinars to share our cycle 1.5 progress and answer questions. If you’re interested in learning more, please see the resources below.
We started a rulemaking to revise the Safer Products Restrictions and Reporting rule—Chapter 173-337 WAC, aiming to reduce PFAS in consumer products. We plan to conduct this rulemaking to:
Reduce the use of priority chemicals in priority consumer products.
Revise Chapter 173-337 WAC in accordance with the regulatory actions outlined in the Regulatory Determinations Report to the Legislature that we submitted in May, 2024.
In this rulemaking, we could create reporting requirements or restrictions that apply to the use of PFAS in the product categories listed in the cycle 1.5 regulatory determinations report.
Cycle 1.5 informal comment period and webinar resources
We held two cycle 1.5 webinars in the summer of 2024:
On September 25, 2024, at our virtual webinar we provided an update on the Safer Products for Washington Cycle 1.5 preliminary draft rule development and answered your questions.
The webinar was livestreamed and recorded by TVW. If you're interested in viewing the archived event, please see the TVW webpage.
Our informal comment period opened on September 18th and closed on Oct. 16, 2024, at 11:59 p.m. Thank you to everyone who submitted a comment. We'll use your feedback to inform the formal draft rule we intend to propose in the Summer of 2025. You can review the comments we received here.
For additional information about this rulemaking, please see the rulemaking webpage.
On May 31, 2023, we adopted a new rule, Chapter 173-337 WAC—Safer Products Restrictions and Reporting. This new chapter establishes a regulatory program to reduce toxic chemicals in consumer products and increase product ingredient transparency, as directed by Washington law. Consumers use hundreds of items every day. Many of these products contain chemicals that are hazardous to human health and the environment. Ecology adopted a new rule to regulate hazardous chemicals in consumer products.
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 became effective on July 1, 2023. Some manufacturers, distributors, and retailers must comply with restrictions on some consumer products starting on January 1, 2025. Reporting parties must submit the first notification by January 31, 2025. The Safer Products for Washington Cycle 1: Adopted Rule Highlights document provides an overview of the restrictions and reporting requirements for fourteen chemical-product combinations.
On September 12, 2024, we gave an overview and answered frequently asked questions about the regulations in Chapter 173-337 WAC, including the exemption application process.
Part of our work to determine regulatory actions involves gathering information from manufacturers about their products. We collect this information using administrative orders. While we use an “order," we want to emphasize that these orders are not associated with any manufacturer being out of compliance.
The information manufacturers must provide through these orders will help us assess the current presence of priority chemicals or chemical classes in priority products. If you manufacture a priority product included in our 2022 PFAS Chemical Action Plan, we might contact you to provide information about your use of priority chemicals. Manufacturers have six months to collect and submit the information to us and can apply for confidential treatment of the information they submit. Please reach out to us at SaferProductsWA@ecy.wa.gov if you have questions about the process for these orders.
The law requires us to develop a stakeholder advisory process by June 1, 2020. We engage interested parties at every major stage in our implementation process. We aim for transparency and to involve our stakeholders in decisions affecting their lives and businesses. To learn more about our progress to date, read our stakeholder engagement process (updated November 2021).
Chapter 70A.350 RCW (formerly Chapter 70.365 RCW) creates a process for Ecology, in consultation with Health, to regulate classes of chemicals in consumer products. The law requires us to designate priority chemicals, identify products that contain these chemicals, determine regulatory actions, and adopt rules to implement regulatory actions. Chemical restrictions require that safer alternatives are feasible and available. The law outlines steps that involve stakeholder consultation, legislative reporting, and rulemaking.
The first set of priority chemical classes were identified in the law. They are:
Perfluoroalkyl and polyfluoroalkyl substances (PFAS)
Phthalates
Organohalogen flame retardants and flame retardants identified in RCW 70A.430
ADA Accessibility: The Department of Ecology is committed to providing people with disabilities access to information and services by meeting or exceeding the requirements of the Americans with Disabilities Act (ADA), Section 504 and 508 of the Rehabilitation Act, and Washington State Policy #188. To request an ADA accommodation, contact Ecology by phone at 360-407-6700 or email at hwtrpubs@ecy.wa.gov. For Washington Relay Service or TTY call 711 or 877-833-6341. Visit Ecology’s website for more information.