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Children's Safe Products Act (CSPA) Overview

Overview

The law consists of two basic parts. The first part limited the amount of lead, cadmium and phthalates permissible in children's products sold in Washington after July 1, 2009. These standards were substantially preempted by the passage of the Consumer Product Safety Improvement Act (CPSIA) by Congress in July, 2008. This federal act also limits the amount of lead, cadmium and phthalates permissible in children's products and explicitly preempts states from enacting similar legislation. This act will be enforced by the federal Consumer Product Safety Commission. Ecology will not be enforcing this part of the act.

The second part of the CSPA requires the Departments of Ecology and Health to identify and prioritize a list of high priority chemicals that children are likely to be exposed to, especially if present in children's products. Six months after Ecology issues rules to implement the CSPA that include this list of chemicals, manufacturers of children's products must notify Ecology if their products contain these chemicals. The act specifies both the characteristics of high priority chemicals and the notification requirements. This part of the CSPA is not preempted by federal statute, so the agency is proceeding with rule development to clarify how the requirements of this second part will be met.

Rule Development

To develop a rule for the reporting requirements created by the Children's Safe Product Act,chapter 70.240 RCW, Ecology is using the pilot-project process as authorized under Washington's Administrative Procedures Act (RCW 34.05.313). There are two phases to this effort: 1) advisory group and 2) pilot testing.

Report to the Legislature

The CSPA required Ecology to submit a report to the legislature addressing the following topics:
  • Chemicals of high concern for children.
  • Children's products or product categories that may contain chemicals of high concern for children.
  • Policy options for addressing children's products that contain chemicals of high concern for children.
Click here for a copy of the report

Contacts

Ecology Contacts:
Technical: Media:
John Williams
(360) 407-6940
jowi461@ecy.wa.gov
Kathy Davis
(360) 407-6149
kada461@ecy.wa.gov
Health Contacts:
Technical: Media:
Denise LaFlamme
(360) 236-3174
denise.laflamme@doh.wa.gov
Donn Moyer
(360) 236-4076
donn.moyer@doh.wa.gov