NOTIFICATION

Addendum

The following communication, dated 5 June 2023, is being circulated at the request of the delegation of the United States of America.

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Title: Safer Products Restrictions and Reporting

Description: TITLE: Safer Products Restrictions and Reporting

AGENCY: Department of Ecology, State of Washington

ACTION: Adopted rule

SUMMARY: On 31 May 2023, the Washington State Department of Ecology 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 State law.

The adopted rule implements the regulatory actions reported to the Washington State Legislature in June 2022; Regulatory Determinations Report to the Legislature: Safer Products for Washington Cycle 1 Implementation Phase 3. It creates reporting requirements and restrictions that apply to priority consumer products that contain priority chemicals, which 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.

The rule also addresses existing stock, repair and replacement parts, refurbished products, and previously owned products.

It becomes effective on 1 July 2023. Some manufacturers, distributors, and retailers must comply with restrictions on some consumer products starting on 1 January 2025. Reporting parties must submit the first notification by 31 January 2025.

Rule adoption documents:

·        Rulemaking Order (CR-103 form)

·        Adopted rule language

·        Final Regulatory Analyses

·        Concise Explanatory Statement

·        Rule Implementation Plan

·        SEPA Determination of Nonsignificance (DNS) and Environmental Checklist

Further information about the adopted rule:

Safer Products for Washington provides an overview of Washington State's implementation of The Toxic Pollution law (Chapter 70A.350 RCW).

Safer Products for Washington rulemaking webpage provides information about the rulemaking, including the supporting documents, which include the Final Regulatory Analyses, the Concise Explanatory Statement, the Rule Implementation Plan, and the (State Environmental Policy Act) SEPA Determination of Nonsignificance.

Safer Products for Washington stakeholder webpage provides information about the Safer Products for Washington program.

Safer Products for Washington email list links to a webpage to subscribe to receive updates for this rulemaking and all efforts related to the State of Washington Safer Products program.

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