Steps Toward Safer Chemical Policy

Overview of the law

Ecology's Reducing Toxic Threats Initiative is based on the principle that preventing exposures to toxics is the smartest, cheapest and healthiest way to protect people and the environment. The Children's Safe Product Act (CSPA - Chapter 70.240 RCW) is an important part of this initiative.

This law consists of two parts. The first part limited the amount of lead, cadmium and phthalates allowed in children's products sold in Washington after July 1, 2009. These standards were substantially preempted when the U.S. Congress passed the Consumer Product Safety Improvement Act (CPSIA) in July, 2008. The federal Consumer Product Safety Commission will enforce this act.

The second part of the CSPA requires Ecology, in consultation with the Department of Health, to develop a list of chemicals that manufacturers must report on. This list is called the Reporting List of Chemicals of High Concern to Children. As required by the law, chemicals on the list are toxic and have either been found in children’s products or have been documented to be present in human tissue (blood, breast milk, etc.). However, the mere presence of these chemicals in children’s products does not necessarily indicate that there is a risk of harm.

Beginning in August 2012, manufacturers of children's products must report to Ecology if their products contain these chemicals. This second part of the CSPA was not affected by the federal law.

Rule to carry out the law

Ecology has adopted final rules to carry out the reporting requirements created by the law.

• Rule adoption notice | Rule text | Other rulemaking documents
• Concise explanatory statement (including responses to public comment)
• More information on the development of the rule

Press releases

• July 22, 2011 - Ecology set to carry out children's product reporting law
• May 5th, 2011 - Ecology invites additional comments on children’s product reporting rule
• October 25th, 2010 - Ecology invites comment on children's product reporting rule
• January 28th, 2010 - Pilot process will begin field testing state children's product law

Rule moratorium

Gov. Chris Gregoire issued a suspension of agency rulemaking in November 2010. The Children's Safe Product Rule was not one of the rules suspended and was allowed to proceed under the exemption criteria established by the Governor.

Contacts

Carol Kraege, Reducing Toxic Threats coordinator: ckra461@ecy.wa.gov, 360-407-6906
Kathy Davis, media relations: kada461@ecy.wa.gov, 360-407-6149