H-2068              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 343

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Energy & Utilities (originally sponsored byRepresentatives D. Nelson, Barnes, Todd, Isaacson, R. King, Long and Wang)

Read first time 2/27/85 and passed to Committee on Rules.

AN ACT Relating to disclosure of toxic substances in consumer products; adding new sections to chapter 43.22 RCW; creating a new section; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that:

          (1) Air pollution in homes from the release of toxic gases can cause health problems for some people of this state;

          (2) The sources of the air pollutant formaldehyde can be identified and measured;

          (3) House tightening will aggravate pollution concentrations in homes from existing pollution sources; and

          (4) Disclosure of the amount of formaldehyde emitted by a specific material will assist builders of homes and purchasers of homes to reduce exposure to formaldehyde emissions.

NEW SECTION. Sec. 2.     (1) By January 1, 1987, every manufacturer of any product which utilizes a formaldehyde-emitting substance in the initial preparation of the product shall identify the source of the formaldehyde-emitter and the level of formaldehyde emitted at the time the product is transported from the manufacturer's place of business.          (2) The department of labor and industries shall adopt rules not later than January 1, 1986, which specify the method of disclosure to be used by a manufacturer using formaldehyde and how each product is to be marked.  The rules may exempt those products for which formaldehyde emissions are below a safe minimum threshold established by rule.

NEW SECTION. Sec. 3.     Any person who fails to comply with section 2 of this act shall be guilty of a gross misdemeanor punishable as provided in RCW 9A.20.021.  Any person who is injured by a violation of section 2 of this act may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by such person, or both, together with the costs of the suit, including a reasonable attorney's fee, and the court may in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained.

NEW SECTION. Sec. 4.     Sections 2 and 3 of this act are each added to chapter 43.22 RCW.

NEW SECTION. Sec. 5.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.