The Washington State Department of Ecology (Ecology) has initiated the regulatory update1 to the Children's Safe Product Act (CSPA) reporting rule. Under the CSPA, manufacturers and importers of children’s products should report to Ecology if the product component contains one or more Chemicals of High Concern (CHCC). It covers products for children under the age of 12 (e.g. toys, wearing apparel, children’s jewelleries, car seats, etc). The proposed revision will go through a series of public stakeholders’ meeting and hearing(s). The expected effective date of the amendment will be in January 20182.
The revision of reporting rule aims to update the CHCC list based on new scientific development and clarify the reporting rule e.g. internal components do not need to be reported. It is also in response to the recent Washington State Bill HB 25453, which was passed in April 2016. The bill restricts children’s products and residential upholstered furniture containing five specific flame retardants above 1000 ppm. These five flame retardants are now on the CHCC list. It also requests Ecology, together with the Washington State Department of Health, to evaluate another six flame retardants.
The current CHCC list contains 66 chemicals4 of which its hazards match the criteria as specified in RCW 70.240.010(9)5. If the component in a children’s product contains one or more CHCC which is either intentionally added above its practical quantification limit or is present as contaminants above 100 ppm, the manufacturers or importers are required to file a report to Ecology annually. Certain substances6 will be included and removed from the CHCC list based on the criteria stated in the CPSA. Ecology will work closely with stakeholders and evaluate whether the substances can meet the criteria of CHCC.
It is worth to note that US Federal government does not impose reporting obligation for chemicals presence in children’s products as Washington State CPSA does. Three other US States also require reporting on chemicals in children’s products i.e. Maine (Toxic Chemicals in Children’s Products), Vermont (Chemicals of High Concern to Children) and Oregon (Toxic Free Kids Act). The Washington State will communicate with other states to stay away from possible conflicts.