"NEW SECTION.  Sec. 1   In an effort to further protect children's health, the legislature intends to establish an allowed amount of lead in products intended for use by children and directs the state to develop a chemical action plan for cadmium and phthalates. The legislature further intends that the allowed amount of lead be consistent with federal lead use regulations, or this act, whichever is lower.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Children's cosmetics" means cosmetics that are made for, marketed for use by, or marketed to children under the age of seven. Children's cosmetics includes cosmetics that meet any of the following conditions:
     (a) Represented in its packaging, display, or advertising as appropriate for use by children;
     (b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children; or
     (c) Sold in any of the following:
     (i) Retail store, catalogue, or online web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or
     (ii) A discrete portion of a retail store, catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
     (2) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of seven. Children's jewelry includes jewelry that meets any of the following conditions:
     (a) Represented in its packaging, display, or advertising as appropriate for use by children under the age of seven;
     (b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;
     (c) Sized for children and not intended for use by adults; or
     (d) Sold in any of the following:
     (i) A vending machine;
     (ii) Retail store, catalogue, or online web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or
     (iii) A discrete portion of a retail store, catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
     (3) "Children's product" includes any of the following:
     (a) Toys;
     (b) Children's cosmetics;
     (c) Children's jewelry;
     (d) A product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, or to be worn as clothing by children; or
     (e) Child car seats.
     (4) "Commission" means the United States consumer products safety commission.
     (5) "Cosmetics" includes articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and articles intended for use as a component of such an article. "Cosmetics" does not include soap, dietary supplements, or food and drugs approved by the United States food and drug administration.
     (6) "Department" means the department of ecology.
     (7) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a children's product, has a children's product produced for sale under a brand name that it owns, or imports a children's product. For the purposes of this section, "importer" means the person, firm, association, partnership, corporation, governmental entity, organization, or joint venture listed as the importer of record of the product when it cleared customs into the territorial boundaries of the United States.
     (8) "Phthalates" means di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisonoyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).
     (9) "Toy" means a product designed or intended by the manufacturer to be used by a child under the age of seven at play.
     (10) "Trade association" means a membership organization of persons engaging in a similar or related line of commerce, organized to promote and improve business conditions in that line of commerce and not to engage in a regular business of a kind ordinarily carried on for profit.

NEW SECTION.  Sec. 3   (1) Beginning July 1, 2010, except for existing inventories, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state a children's product containing lead at more than .009 percent by weight (ninety parts per million).
     (2) Subsection (1) of this section does not apply to any component part of a children's product that is not accessible to a child through normal and reasonably foreseeable use and abuse of such a product, as determined by the commission. A component part is not accessible under this subsection if such a component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. The commission may require that certain electronic devices be equipped with a child-resistant cover or casing that prevents exposure of and accessibility to the parts of the product containing lead if the commission determines that it is not feasible for such a product to otherwise meet such a standard.

NEW SECTION.  Sec. 4   (1) By July 1, 2009, the department shall develop a chemical action plan for phthalates in products intended for use by children under the age of seven. The phthalate chemical action plan must include: (a) The identification of current phthalate sources and uses in products intended for use by children under the age of seven in Washington; (b) an analysis of current state and federal laws, regulations, rules, and other measures governing ingredients in toys and children's products; (c) an assessment and summary of relevant studies on phthalates used in children's products and toys, including scientific reviews and risk assessments conducted by the commission, the European Union, and other independent scientific panels or bodies; and (d) an identification of future policy options pertaining to phthalates in toys and children's products that are: Cost-effective, based on best available science, technological feasibility, and result in measurable benefits to human health or the environment in the state.
     (2) By December 1, 2009, the department shall develop a chemical action plan for cadmium in products intended for use by children under the age of seven. The cadmium chemical action plan must include: (a) The identification of current cadmium sources and uses in products intended for use by children under the age of seven in Washington; (b) an analysis of current state and federal laws, regulations, rules, and other measures governing ingredients in toys and children's products; (c) an assessment and summary of relevant studies on cadmium used in children's products and toys, including scientific reviews and risk assessments conducted by the commission, the European Union, and other independent scientific panels or bodies; and (d) an identification of future policy options pertaining to cadmium in toys and children's products that are: Cost-effective, based on best available science, technological feasibility, and results in measurable benefits to human health or the environment in the state.

NEW SECTION.  Sec. 5   (1) A manufacturer of children's products in violation of this chapter is subject to a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense. Subsequent violations are subject to a civil penalty not to exceed five thousand dollars. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.l05D.070.
     (2) Retailers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter.

NEW SECTION.  Sec. 6   Before the prohibitions under section 3 of this act take effect, the department shall prepare and distribute information to in-state and out-of-state manufacturers, to the maximum extent practicable, to assist them in identifying products prohibited for manufacture, sale, or distribution under this chapter.

NEW SECTION.  Sec. 7   The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.

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

NEW SECTION.  Sec. 9   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."