1294-S.E AMS ERIC S2702.5

ESHB 1294  - S AMD337
     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 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.

NEW SECTION.  Sec. 3   Within current resources, the department of ecology is to engage with the federal environmental protection agency (EPA) and industry stakeholders, as identified by industry trade associations, to prepare a report on the use of risk-based alternative assessments for flame retardants in children's products and residential furniture. In a report to the 2014 Washington state legislature, the department of ecology shall identify the differences between the EPA's alternative assessment process and the state's alternative assessment guidance document, and identify ways to incorporate best management practices from industry into conducting alternative assessments."

ESHB 1294  - S AMD
     By Senator Ericksen


     On page 1, beginning on line 1 of the title, after "retardants;" strike the remainder of the title and insert "amending RCW 70.240.050; adding a new section to chapter 70.240 RCW; and creating a new section."

EFFECT:  Prohibits the manufacture, sale, and distribution of children's products and residential upholstered furniture containing TCEP and TDCPP flame retardants. Exempts used products containing TCEP and TDCPP sold in isolated or casual sales and by nonprofit organizations.

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