Relevant for: Electrical & electronics, Hardlines, Softlines, Toys & children's products
After five years of implementation, the Department of Ecology (The Department) in the Washington State has recently adopted the amendments1,2 to the Children Safe Products Act (CPSA)3. According to the timeline, this rule will become effective by the end of October 2017. The total number of reporting chemicals will increase from 66 to 85.
This Chapter requires manufacturers to annually report the presence of Chemicals of High Concern to Children (CHCCs) in children’s products that are sold or to be offered for sale in the State. This rulemaking also updated the rule by amending the list of reporting chemicals4 and adding definitions for “De minimis level” and “Internal component”.
Hazardous Waste and Toxics Reduction (HWTR) staff5 from the Department will host webinars to review the changes to the rule and work with the manufacturers to achieve compliance. Manufacturers must submit required data into the manufacturer’s database6 annually. When reporting violations occur, the staff will work with those manufacturers to increase their understanding of the rules.
Noticeable amendments to the CSPA Reporting Rule are summarised as follows:
|Adopted Amendments ||Highlights|
|Newly added 20 chemicals to the list of CHCCs based on new scientific data|
- 13 flame retardants, 2 bisphenol compounds, 4 phthalates and one perfluorinated compound.
- 6 out of 15 of the flame retardants are identified as CHCC in response to the enacted House Bill 25457.
|Removed 3 chemicals from the list of CHCCs based on revised scientific data||Phthalic anhydride, molybdenum and Octamethylcyclotetrasiloxane (D4)|
|Changed a group of nonylphenols CHCCs into three individual listings||4-Nonylphenol, 4-Nonyl phenol (NP) branched and Nonyl phenol|
|Using the term “De minimis” to refer to existing minimum chemical reporting levels||"De minimis level" means for a chemical that is intentionally added, a concentration below the practical quantification limit (PQL); or for a chemical that is a contaminant, a concentration below 100 parts per million.|
|Introduction and clarification of the term "Internal component”|
- "Internal component" means a children's product component that would not come into direct contact with the child's skin or mouth during reasonably foreseeable use and abuse of the product.
- Annual reporting for internal components is not required.
|Set a single annual reporting date consistent with reporting in other States||On 31 January 2019 and annually thereafter, manufacturers of children’s products that contain any listed CHCC above a de minimis level must submit to the Department.|
|Updating the reporting schedule to remove obsolete phase-in requirements.|
- The report submitted on 31 January 2019, applies to children's products sold or offered for sale between 1 September 2017 and 31 December 2018.
- Reports submitted on 31 January 2020 and annually thereafter, apply to children's products sold or offered for sale during the prior calendar year.
|Clarifying that resubmission of identical annual data (copy and paste) is sufficient, instead of a letter to Ecology confirming no changes from the previous annual report.||Once the reporting party determined that there has been no change in the information required to be reported since the prior annual report, the party must copy the prior year's report and resubmit the same data into the online reporting database.|