"NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of ecology.
     (2) "Electronic enclosure" means the plastic housing that encloses the components of electronic products, including but not limited to televisions and computers.
     (3) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product containing polybrominated diphenyl ethers or an importer or domestic distributor of a noncomestible product containing polybrominated diphenyl ethers. A manufacturer does not include a retailer:
     (a) Of a private label brand or cobranding; or
     (b) Who assembles components to create a single electronic product based on an individual consumer preference.
     (4) "Polybrominated diphenyl ethers" means chemical forms that consist of diphenyl ethers bound with bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the three primary forms of the commercial mixtures known as pentabromodiphenylether (penta-bde), octabromodiphenylether (octa-bde), and decabromodiphenylether (deca-bde).
     (5) "Retailer" means a person who offers a product for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer. A retailer does not include a person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that both manufactures and sells a product at retail.
     (6) "Safer alternative" means an alternative that has undergone the same level of study as the product it is meant to replace and has been found to have a better toxicity profile and less impact for human health or the environment.
     (7) "Technically feasible alternative that is available at a reasonable cost" means an alternative that is available at a cost and in sufficient quantity to permit the manufacturer or user to maintain an economically viable product.
     (8) "Transportation vehicle" means any mechanized vehicle that is used to transport goods or people including, but not limited to, airplanes, automobiles, motorcycles, trucks, buses, trains, boats, ships, streetcars, or monorail cars.
     (9) "Used product" means any product that has been previously owned, purchased, or sold in commerce. "Used product" does not include any product manufactured after January 1, 2007.

NEW SECTION.  Sec. 2   (1) Except as provided in subsection (2) of this section and section 3 of this act, after January 1, 2007, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state noncomestible products containing more than one percent of pentabromodiphenylether or octabromodiphenylether.
     (2) Subsection (1) of this section does not apply to:
     (a) Products containing decabromodiphenylether;
     (b) Original equipment manufacturer replacement parts;
     (c) The processing and disposal of recyclables containing penta-bde or octa-bde in compliance with applicable federal, state, and local laws;
     (d) A manufacturer or user of safety systems required by the federal aviation administration;
     (e) The manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of any raw material or component part used in a transportation vehicle or any new or used transportation vehicle with component parts, including original parts and spare parts;
     (f) The manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of equipment used primarily for military or federally funded space program applications. This exemption does not cover consumer-based goods with broad applicability;
     (g) The sale or distribution by a business, charity, or private party of any used product containing polybrominated diphenyl ethers; or
     (h) Medical monitoring and control instruments and systems, medical devices, and products as defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
     (3) In-state retailers in possession of products on January 1, 2007, that are banned for sale under subsection (1) of this section may exhaust their stock through sales to the public.

NEW SECTION.  Sec. 3   A manufacturer or user of safety systems required by the federal aviation administration may apply for an exemption for a specific use of penta-bde or octa-bde by filing a written petition with the department. The exemption may be granted for a term not to exceed eighteen months and may be renewed upon written application if the department finds that the specific use of penta-bde or octa-bde continues to meet the criteria of this section and the manufacturer or other persons comply with the conditions of its original approval. The department may grant an exemption for a specified use of penta-bde or octa-bde with or without conditions upon finding that the petitioner has demonstrated that:
     (1) A technically feasible alternative to the use of penta-bde or octa-bde is not available at reasonable cost; or
     (2) The potential harm to public health and the environment directly posed by a technically feasible and available alternative is greater than the potential harm posed by penta-bde or octa-bde.

NEW SECTION.  Sec. 4   On or about December 15, 2007, the department and the department of health shall submit to the appropriate committees of the legislature a report that reviews and updates the available scientific research on deca-bde, including relevant risk assessments and relevant findings and rulings by the United States environmental protection agency and the European commission, to address the following issues:
     (1) The use of deca-bde in products sold in the state;
     (2) What human health effects could result from exposure to deca-bde, and are current levels of exposure at levels that could produce these effects;
     (3) Any data available on the human body burden or environmental occurrence of deca-bde;
     (4) Whether deca-bde breaks down into other chemicals that could pose public health concerns;
     (5) The availability of safer, technically feasible alternatives for deca-bde.

NEW SECTION.  Sec. 5   Nothing in this chapter restricts the ability of a manufacturer, importer, or distributor from transporting products containing polybrominated diphenyl ethers through the state, or storing such products in the state for later distribution outside the state.

NEW SECTION.  Sec. 6   The department shall develop a program to assist retailers in identifying potential products containing penta-bde and octa-bde in their inventory.

NEW SECTION.  Sec. 7   A manufacturer of products containing penta-bde and octa-bde in violation of this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 70 RCW."