ESHB 1294 -
By Committee on Energy, Environment & Telecommunications
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 70.240
RCW to read as follows:
Beginning July 1, 2015, no manufacturer, wholesaler, or retailer
may manufacture, knowingly sell, offer for sale, distribute for sale,
or distribute for use in this state children's products or residential
upholstered furniture, as defined in RCW 70.76.010, containing TDCPP
(tris(1,3-dichloro-2-propyl)phosphate), chemical abstracts service
number 13674-87-8, as of the effective date of this section, or TCEP
(tris(2-chloroethyl)phosphate), chemical abstracts service number 115-96-8, as of the effective date of this section, in amounts greater than
one hundred parts per million in any product component.
Sec. 2 RCW 70.240.050 and 2008 c 288 s 7 are each amended to read
as follows:
(1) A manufacturer of products that are restricted under this
chapter must notify persons that sell the manufacturer's products in
this state about the provisions of this chapter no less than ninety
days prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a product
prohibited from manufacture, sale, or distribution in this state under
this chapter shall recall the product and reimburse the retailer or any
other purchaser for the product.
(3) A manufacturer of children's products in violation of this
chapter is subject to a civil penalty not to exceed five thousand
dollars for each violation in the case of a first offense.
Manufacturers who are repeat violators are subject to a civil penalty
not to exceed ten thousand dollars for each repeat offense. Penalties
collected under this section must be deposited in the state toxics
control account created in RCW 70.l05D.070.
(4) Retailers who unknowingly sell products that are restricted
from sale under this chapter are not liable under this chapter.
(5) The sale or purchase of any previously owned product containing
a chemical restricted under this chapter made in casual or isolated
sales as defined in RCW 82.04.040, or by a nonprofit organization, is
exempt from this chapter."
ESHB 1294 -
By Committee on Energy, Environment & Telecommunications
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "banning tris(1,3-dichloro-2-propyl)phosphate and tris(2-chloroethyl)phosphate flame retardants in children's products and residential upholstered furniture; amending RCW 70.240.050; and adding a new section to chapter 70.240 RCW."
EFFECT: Prohibits the manufacture, sale, and distribution of
children's products and residential upholstered furniture containing
the flame retardants TDCPP or TCEP in amounts greater than 100 ppm.
Provides an exemption for used products sold in casual or isolated
sales.
Removes the restriction on children's products and residential
upholstered furniture containing flame retardants that are identified
as chemicals of high concern for children as identified by Ecology.
Removes the authority for Ecology to request certificates of
compliance from manufacturers of children's products or residential
upholstered furniture.