"NEW SECTION.  Sec. 1   Research shows that many toys and other children's products contain toxic chemicals, such as lead, cadmium, and phthalates that have been shown to cause harm to children's health and the environment. These chemicals, and others like them, have been linked to long-term health impacts such as birth defects, reproductive harm, impaired learning, liver toxicity, and cancer. Because children's bodies are growing and developing, they are especially vulnerable to the effects of toxic chemicals. Regulation of toxic chemicals in children's toys and other products is woefully inadequate. To protect children's health, it is important to phase out the use of lead, cadmium, and phthalates in children's toys and other products and to begin collecting information on other chemicals that are present in toys and other products to determine whether further action is required.

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 twelve. 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) A 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 twelve. 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 twelve;
     (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) A 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 in this state; 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 in this state.
     (3)(a) "Children's product" includes any of the following:
     (i) Toys;
     (ii) Children's cosmetics;
     (iii) Children's jewelry;
     (iv) 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
     (v) Car seats.
     (b) "Children's product" does not include the following:
     (i) Batteries;
     (ii) Slings and catapults;
     (iii) Sets of darts with metallic points;
     (iv) Toy steam engines;
     (v) Bicycles, tricycles, roller skates, scooters, skateboards, or sporting equipment;
     (vi) Video toys that can be connected to a video screen and are operated at a nominal voltage not exceeding twenty-four volts;
     (vii) Chemistry sets;
     (viii) Consumer electronic products, including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals;
     (ix) Interactive software, intended for leisure and entertainment, such as computer games, and their storage media, such as compact disks;
     (x) Toy components through which electrical current is transmitted, including but not limited to: Circuit boards, wiring, connectors, power jacks, lights, and switches;
     (xi) Components used for product or child safety; and
     (xii) Any component part of a product that is not accessible to a child through normal and reasonably foreseeable use and abuse of such a product. A component part is not accessible under this subsection (3)(a)(xii) 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.
     (4) "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 article. "Cosmetics" does not include soap, dietary supplements, or food and drugs approved by the United States food and drug administration.
     (5) "Department" means the department of ecology.
     (6) "High priority chemical" means a chemical identified by a state agency, federal agency, or accredited research university or other scientific evidence deemed authoritative by the department on the basis of credible scientific evidence as known to do one or more of the following:
     (a) Harm the normal development of a fetus or child or cause other developmental toxicity;
     (b) Cause cancer, genetic damage, or reproductive harm;
     (c) Disrupt the endocrine system;
     (d) Damage the nervous system, immune system, or organs or cause other systemic toxicity;
     (e) Be persistent, bioaccumulative, and toxic; or
     (f) Be very persistent and bioaccumulative.
     (7) "Manufacture" means to create and introduce a product into the stream of commerce.
     (8) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a children's product or an importer or domestic distributor of a children's product. For purposes of this subsection, "importer" means the owner of the children's product.
     (9) "Toy" means a product designed or intended by the manufacturer to be used by a child 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.
     (11) "Very bioaccumulative" means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow of greater than 5.0.
     (12) "Very persistent" means having a half-life greater than or equal to one of the following:
     (a) A half-life in soil or sediment of greater than one hundred eighty days;
     (b) A half-life greater than or equal to sixty days in water or evidence of long-range transport.

NEW SECTION.  Sec. 3   (1) Beginning July 1, 2009, a manufacturer, wholesaler, or retailer may not manufacture for sale in this state a children's product containing lead or cadmium at more than .025 percent total weight (two hundred fifty parts per million). This requirement does not apply to children's products with a date of manufacture prior to July 1, 2009.
     (2) Beginning July 1, 2011, a manufacturer, wholesaler, or retailer may not manufacture for sale in this state a children's product containing lead or cadmium at more than .010 percent total weight (one hundred parts per million). This subsection does not apply to children's products with a date of manufacture prior to July 1, 2011.
     (3) Beginning July 1, 2009, a manufacturer, wholesaler, or retailer may not manufacture for sale in this state a children's product containing lead or cadmium in paint at more than .009 percent total weight (ninety parts per million). This subsection does not apply to children's products with a date of manufacture prior to July 1, 2009.
     (4) Beginning July 1, 2012, the department of health may specify lower limits for lead or cadmium than those contained in this section. In making a determination to adopt lower limits, the department of health shall consider whether practical technologies are available to make lower limits feasible, whether lead or cadmium is likely to be bioavailable from materials used in a specific children's product, and whether these children's products provide a safety benefit to the user.
     (5) This section does not apply to any product or material in which lead or cadmium is not bioavailable or will not have any adverse impact on public health and safety, such as lead crystal.

NEW SECTION.  Sec. 4   (1) Beginning January 1, 2009, a manufacturer, wholesaler, or retailer may not manufacture for use in this state a children's product that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP) in concentrations exceeding 0.1 percent.
     (2) Beginning January 1, 2009, a manufacturer, wholesaler, or retailer may not manufacture a children's product intended for use by a child under three years of age if that product can be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.
     (3) Manufacturers must use the least toxic alternative when replacing phthalates in accordance with this chapter.
     (4) Manufacturers may not replace phthalates with carcinogens rated by the United States environmental protection agency as A, B, or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in "List of Chemicals Evaluated for Carcinogenic Potential," or known to the state of California to cause cancer as listed in the California safe drinking water act.
     (5) Manufacturers may not replace phthalates with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States environmental protection agency or listed in the California safe drinking water act.
     (6) The requirements of this section do not apply to children's products with a date of manufacture prior to January 1, 2009.

NEW SECTION.  Sec. 5   The department of ecology and the department of health shall convene an advisory committee by May 1, 2008.
     (1) The advisory committee must be composed of representatives of children's product manufacturers, retailers, physicians, public health experts, toxic reduction advocates, and any other parties the department of ecology deems necessary.
     (2) The advisory committee shall review:
     (a) Any material of high priority used in children's products;
     (b) The feasibility and mechanisms for manufacturers to report to the department of ecology regarding high priority materials used in children's products;
     (c) Statutory and regulatory actions taken to promote safety in children's products by other states, the federal government, and other countries; and
     (d) Effective mechanisms to educate the public and retailers about the safety of children's products and the materials used to manufacture those products.
     (3) The departments of ecology shall report to the legislature by December 15, 2008, and shall include recommendations for statutory or regulatory revisions and funding necessary to carry out these recommendations.

NEW SECTION.  Sec. 6   (1) 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 the first offense, with a total aggregate fine not to exceed twenty-five thousand dollars per event. Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense, with a total aggregate fine not to exceed fifty thousand dollars per event. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070.
     (2) Retailers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter.

NEW SECTION.  Sec. 7   (1) Before the prohibitions under this chapter 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 from manufacture, sale, or distribution under this chapter.
     (2) The department must assist in-state retailers in identifying products restricted under this chapter.

NEW SECTION.  Sec. 8   Sections 1 through 4, 6, and 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."