ESHB 1294 -
By Senator Ericksen
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, decabromodiphenyl ether, chemical abstracts service number 1163-19-5, as of the effective date of this section, and hexabromocyclododecane, chemical abstracts service number 25637-99-4, 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
(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.
NEW SECTION. Sec. 3 A new section is added to chapter 70.240 RCW
to read as follows:
(1)(a) The department must collaborate with other states, governmental and nongovernmental entities, industry, scientific experts, and the public to carry out its duty under the children's safe products act to promote the development of safer children's products through the use of sound, scientific principles.
(b) The department, through the collaborative process as identified under (a) of this subsection, must review tetrabromobisphenol A, chemical abstracts service number 79-94-7 and antimony, chemical abstracts service number 7440-36-0 to:
(i) Increase its understanding and use of available, credible, scientific data on chemicals of concern in children's products, including available information on assessments that consider: Uses; exposures; hazards; risks; and potential health and environmental concerns; and
(ii) Ascertain existing state and federal regulatory programs for chemicals of concern in children's products and scientific information and data developed by other nations, governments, industry, nongovernmental organizations, and authoritative bodies.
(2) The department must use data and information gathered or developed through the collaborative process as authorized in subsection (1) of this section to:
(a) Provide technical assistance to businesses and consumers regarding safer alternatives for specific uses of chemicals of concern in children's products; and
(b) Disseminate information on safer alternatives to chemicals used in children's products based on both exposure and hazard information for each chemical as used in a product.
(3) The department shall reference and use, to the maximum extent feasible, available information from other nations, governments, industry, nongovernmental organizations, and authoritative bodies so as to leverage the work and costs already incurred by those entities and to minimize costs.
(4) By December 31, 2016, the department must provide to the appropriate committees of the senate and the house of representatives a summary of the data and information gathered, and recommendations made through the collaborative process."
ESHB 1294 -
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, tris(2-chloroethyl)phosphate, decabromodiphenyl ether, and hexabromocyclododecane flame retardants in children's products and residential upholstered furniture; amending RCW 70.240.050; and adding new sections to chapter 70.240 RCW."
EFFECT: Prohibits the manufacture, sale, and distribution of
children's products and residential upholstered furniture containing
the flame retardants decabromodiphenyl ether (decaBDE), and
Requires Ecology to work in a collaborative process with other states, governmental and nongovernmental entities, industry, and scientific experts to review antimony and TBBPA.
Requires Ecology to use information gathered through the collaborative process for technical assistance and information on safer alternatives.