BILL REQ. #:  S-4204.1 

READ FIRST TIME 02/07/14.   

     AN ACT Relating to banning tris(1,3-dichloro-2-propyl)phosphate and tris(2-chloroethyl)phosphate flame retardants in children's products and residential upholstered furniture; amending RCW 70.240.050; and adding new sections to chapter 70.240 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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   A new section is added to chapter 70.240 RCW to read as follows:
     (1) In order to carry out its duty under the children's safe products act, the department is authorized to promote the development of safer consumer products, through the use of sound, scientific principles and working in cooperation with other states, governmental and nongovernmental entities, industry, scientific experts, and the public through a recognized clearinghouse.
     (2)(a) The department must participate with other states, governmental and nongovernmental entities, industry, and the public to: (i) Increase its understanding and use of available credible scientific data on chemicals, including information on uses, exposures, hazards, risks, safety assessments, existing state and federal regulatory programs, and potential health and environmental concerns; (ii) produce and inventory information on safer alternatives to specific uses of chemicals of concern and to provide technical assistance to businesses and consumers related to safer alternatives; and (iii) undertake other activities in support of state programs to promote the protection of human health and the environment.
     (b) In order to achieve the goals of this section and the state's participation in a collaborative effort with other states, the process must include: (i) The collection and dissemination of information regarding chemical hazards and risks; (ii) the collection and dissemination of information regarding the use of chemicals in child care products; (iii) the assessment of alternatives to chemicals and their use in products; and (iv) public education.
     (c) The clearinghouse must be the repository for information collected.
     (3) In examining existing chemicals, producing inventories, providing technical assistance, or in promoting safer alternatives, the department must ensure the completion of exposure and risk assessments for each chemical considered. A failure to consider exposure and risk in addition to hazard will lead to an overly precautionary and false outcome in the development of any effort to categorize and promote safer chemicals.
     (4) Any recommendations, developed through the state's participation in the process described in this section, must be reported to the appropriate committees of the senate and house of representatives for consideration.