Waste 2 Resources > Children's Safe Product Act

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. If we find products that exceed state standards we will evaluate how best to ensure compliance. If we determine that state standards are preempted by federal law, we will request action by the Consumer Product Safety Commission, the federal agency that enforces the CPSIA. If we are not preempted, we will examine what actions are needed under state law.

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. This second part of the CSPA was not affected by the federal law.

Rulemaking

Ecology is initiating new rulemaking in response to a petition to add tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (CAS # 13674-87-8) to the list of CHCCs.

Ecology adopted final rules (Chapter 173-334 WAC, Children's Safe Product Reporting Rule) in 2011 to carry out the reporting requirements created by the CSPA. Beginning in August 2012, manufacturers of children's products must report to Ecology if their products contain these chemicals.

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

Related information

• State Law (RCW 70.240) | Governor's Veto Message
• Reporting Rule (WAC 173-334)
• Report to Legislature (2009)

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