The Children’s Safe Product Act (CSPA) in Washington state includes a “Prohibition on the manufacturing and sale of children’s products contain lead, cadmium and phthalates” (RCW 70.240.020) and a reporting rule requires manufacturers of children's products to report if their product contains a Chemical of High Concern to Children (CHCC).
Washington’s limits on lead, cadmium and phthalates are generally more stringent than the federal law’s limit “Consumer Product Safety Improvement Act (CPSIA)” and apply to a broader product range. The Department of Ecology (DOE) issued guidanceon 12 February 2016 to clarify the lead, cadmium and phthalates prohibition in CSPA is not completely pre-empted by CPSIA.
The DOE intends to enforce the Washington state’s standards for children’s products that are not covered by the federal standards. Children’s products as defined in Washington’s CSPA at RCW 70.240.010 are toys, children’s cosmetics, children’s jewellery, products intended to help a child with sucking or teething, or to facilitate sleep , relaxation, or the feeding of a child (i.e. childcare article), children’s clothing (including footwear) and car seat.
Example of children’s products that remain subject to the CSPA’s lead, cadmium and phthalates limits include:
1. Lead – The products governed by the federal lead limits generally cover children's products under the Washington law.
2. Cadmium – Children’s cosmetics (other than cosmetics that are not part of toy), children’s jewellery, childcare article, children’s clothing (including footwear) are covered by CSPA but not CPSIA. Toys shall fulfill the 75ppm cadmium limit in ASTM F963-11 as specified in CPSIA.
3. Phthalates – Children’s toys and childcare articles shall fulfill the federal phthalates limit while other children’s products such as children’s clothing (including footwear) and cosmetics shall fulfill the CSPA limits.