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’re beginning a new cycle of Safer Products for Washington implementation, during which we identify priority chemicals and chemical classes. The Draft Identification of Priority Chemicals Report to the Legislature was available for public comment from June 7 to July 14, 2023. You can:
We will read and consider each comment made during the comment period. We’ll also update the Priority Chemicals Report to the Legislature and publish the final version by June 2024.
We are working on Safer Products for Washington cycle 2 phase 2.
The Safer Products for Washington team had originally planned to host two preliminary cycle 2 phase 2 webinars in March 2024, to share an overview of our cycle 2 work and our approach to identifying priority consumer products. Instead of the March 2024 webinars, we'll now host webinars in early summer, when we’ll be able to share more information about draft priority products.
We’re running a Washington safer products survey to gather input on the consumer products that are most important to Washington communities. Feedback will help us select chemicals and products to evaluate in the future.
The survey is available in nine languages, takes about six minutes to complete, and will be open through April 12. Please feel free to share the survey link broadly. We appreciate you taking the time to offer input!
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’ll focus on making regulatory determinations on products identified in our 2021 PFAS Chemical Action Plan (CAP).
We’re looking at regulatory determinations for these product categories:
Apparel and gear, including athleticwear, rainwear, and undergarments
Firefighting personal protective equipment (PPE)
Cleaning products, including products to wash automobiles and boats
Waxes, including floor waxes and polishes, automobile waxes, and ski waxes
Cookware and kitchen supplies, including frying pans, rice cookers, and bakeware
Hard surface sealants, including sealants applied to hard porous surfaces like stone and wood
Thank you to everyone who attended our cycle 1.5 webinars in 2023. If you weren’t able to join us, please see the resources below or reach out to the Safer Products for Washington team with questions.
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 will submit by June 1, 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 draft regulatory determinations report.
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.
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.