Safer Products for Washington
What is the Safer Products for Washington Act?
The Safer Products for Washington Act is the nation’s strongest law regulating toxic chemicals in products—a major source of contamination in our homes, food, waterways, and bodies. Washington state passed this precedent-setting legislation in 2019 which helps protect people and the environment from toxic pollution.
About the law
The Safer Products for Washington law directs state agencies to identify the products that are significant sources of high-priority chemicals and provides authority to take action to reduce them. Washington’s Department of Ecology can ban or require disclosure of harmful chemicals in a wide range of products, from plastics and personal care products to electronics and building materials. It can also require companies to provide full ingredient information in products in order to make regulatory determinations under the law.
From the Experts
“Strong regulatory actions are needed to protect vulnerable populations and vulnerable species, from pregnant women and children to salmon and orcas. Protecting the most vulnerable, including highly impacted communities, is core to the Safer Products for Washington Law—and the only solution is prevention. Especially for persistent chemicals, limits need to be as close to zero as possible. All organohalogens need to be banned to achieve a circular economy. Products with hazardous organohalogens can’t be recycled, because they wind up in other products from toys to kitchen utensils.”
Cheri Peele
Senior project manager, Toxic-Free Future
“The use of organohalogens in flame retardants threatens the health of firefighters. Cancer is now the leading cause of death among firefighters. And we have much higher rates of cancer than the general population. Substituting safer alternatives or organohalogen flame retardants is pure common sense and reduces unnecessary exposure to chemicals that can cause a range of health effects including cancer.”
AJ Johnson
Legislative liaison, Washington State Council of Fire Fighters (WSCFF)
“Treating organohalogens as a class is a widespread practice in the electronics industry. There are clearly safer alternatives to these flame retardants in these applications that meet fire safety standards.”
Dr. Mark Rossi
Executive director, Clean Production Action
“My husband, two small children and I have been unknowingly exposed to high levels of PFAS chemicals through our drinking water. I have a disease that exposure to forever chemicals is linked to. If I had been given a choice, if the knowledge had been shared, if people that knew about PFAS chemicals before me had informed me, I would have NEVER knowingly exposed the health and safety of myself and family. We the people have a right to say NO to forever chemicals. Every exposure pathway should be eliminated whether it be water, cookware, food packaging, textiles, firefighting foam…Please protect our Earth and bodies. Moving forward with this rule will create positive change. Pursue PFAS free.”
Brandi Hyatt
Yakima, WA
“BPA is a well-studied reproductive toxicant associated with fertility effects and low birth weights… For these reasons, BPA is banned from receipt paper in the European Union and BPS and other bisphenols are targeted for regulatory action. Better options are readily available. Companies can avoid automatically printing receipts and offer an electronic receipt option. For receipts that do get printed, several non-bisphenol drop-in replacements are available.”
Dr. Gillian Miller
Senior scientist, Ecology Center
“I cannot overstate what a serious problem widespread use of halogenated flame retardants and PFAS have created. Among the most highly exposed include infants, young children, workers including fire fighters and construction workers, and indigenous populations. We are all initially exposed in the womb, then via breast milk and in our homes through our products. We are all secondarily exposed through their ubiquitous presence in our outdoor environment where they migrate and accumulate in our foods – crops, livestock, fish and seafood. PFAS additionally travel with the water cycle into our drinking water, aquaculture, and agriculture. Widespread exposure and health effects of phthalates, phenols, halogenated flame retardants and PFAS are well documented and it’s time to take decisive action. I support the proposed rule and recommend its full adoption.”
Dr. Courtney Carignan
Assistant professor, Michigan State University
Why it’s important
A growing body of science and Toxic-Free Future’s own research have documented that chemicals escape out of products into dust and air in our homes, travel through wastewater, and pollute homes, waters, the food supply, and even us!
Costs of cleanup and health impacts due to these chemicals are significant for governments, taxpayers, and businesses. Prioritizing prevention of pollution and disease makes the most sense. Alternatives are rapidly coming onto the market to replace hazardous chemicals like PFAS.
The Washington state approach is an important model. It is not only resulting in bans on the worst chemicals, it defines safer solutions using hazard-based tools (such as GreenScreen and ChemForward), that are also feasible and available.
Governments, manufacturers, and retailers should be aligning to this approach for all chemicals management, eliminating toxic chemicals with proven safer solutions.
What's happening now
- May 2024: The Washington Department of Ecology published two reports at the end of May. One, Cycle 1.5 Regulatory Determinations Report to the Legislature, proposed regulatory determinations for additional categories of products containing PFAS. Ecology is proposing restrictions on PFAS in most apparel, cleaning products, and automotive washes. It is also proposing reporting requirements for PFAS in multiple product categories including extended wear apparel, firefighter personal protective equipment (PPE), floor and ski waxes, shoes, gear, hard-surface sealants, and cookware.
- May 2024: The Washington Department of Ecology issued a second report identifying priority chemicals for Cycle 2, including 6PPD; benzene, ethyl benzene, toluene and xylene substances (BTEX); brominated and/or chlorinated substances; cadmium and cadmium compounds; cyclic volatile methylsiloxanes; formaldehyde and formaldehyde releasers; and lead and lead compounds. Toxic-Free Future delivered more than 180 direct messages in support of this proposal as well as a sign-on letter to Ecology and Governor Inslee and a detailed comment letter to Ecology. These priorities will allow Ecology to tackle key toxic plastics such as PVC as well as known toxic chemicals including lead and cancer-causing petrochemicals.
- January 22, 2024 – Toxic-Free Future submitted comments on the Cycle 1.5 Draft Regulatory Determinations Report, supporting the determinations to restrict PFAS. TFF also urged Ecology to fully use its authority to call in information on alternatives to PFAS in other product categories. This would enable the department to identify safer alternatives for these categories and propose additional PFAS restrictions.
SAFER PRODUCTS FOR WASHINGTON
Cycle Status
Cycle 2
In May 2024, the Washington Department of Ecology identified seven new priority chemicals and chemical classes for Cycle 2 of Safer Products for Washington.
Cycle 2 Timeline
- May 30, 2024 – The Department of Ecology published a report identifying priority chemicals for Cycle 2, including 6PPD; benzene, ethyl benzene, toluene and xylene substances (BTEX); brominated and/or chlorinated substances; cadmium and cadmium compounds; cyclic volatile methylsiloxanes; formaldehyde and formaldehyde releasers; and lead and lead compounds.
- July 14, 2023 – Toxic-Free Future, along with 11 other organizations, submitted a joint letter of support for the proposed chemical classes to the director of the Washington Department of Ecology and Governor Jay Inslee and a detailed comment letter to Ecology.
- June 7, 2023 – The Department of Ecology launched Cycle 2 of the Safer Products for Washington law with the proposal of seven new “Priority Chemicals and Chemical Classes,” used in a wide variety of consumer products. The proposed chemicals include 6PPD; benzene, ethyl benzene, toluene and xylene substances (BTEX); brominated and/or chlorinated substances; cadmium and cadmium compounds; cyclic volatile methylsiloxanes; formaldehyde and formaldehyde releasers; and lead and lead compounds.
Cycle 1.5
Cycle 1.5 was introduced during the 2022 Washington State Legislative Session and is meant to focus on PFAS in a number of consumer products, including apparel and gear, firefighting personal protective equipment, cleaning products, waxes, nonstick cookware and kitchen supplies, and hard surface sealants.
Cycle 1.5 Timeline
Cycle 1
This chart details the chemical restrictions and reporting requirements included in the final rule from Cycle 1.
Cycle 1 Timeline
More information
SAFER PRODUCTS FOR WASHINGTON
Our Key Projects & Priorities
Washington: Ban Toxic PFAS!
Washington state has been a leader in the nation as the first to ban the entire class of PFAS in food packaging and PFAS in firefighting foam. It has also taken numerous actions to address contamination and limit PFAS in drinking water. We need urgent action to end remaining uses of PFAS, clean up contamination, and hold polluters accountable.
Healthy Housing
Healthier homes are built with healthier building materials. U.S. residents spend about 90% of their time indoors, and research shows that the choices made by builders have long-term impacts on the health of the indoor environments they create. From flooring to insulation, caulks to paints, healthier options are available that can reduce the load of toxic chemicals in indoor spaces.
Ban PVC and vinyl chloride
PVC (polyvinyl chloride) is a widely-used plastic that is made from vinyl chloride—a known human carcinogen associated with liver cancer, brain and lung cancers, and cancers of the blood. From production and use to disposal, PVC poses serious threats to human health and the environment, exposing low-income communities and communities of color, workers, and consumers to dangerous chemicals.
Healthy Communities
In partnership with Seattle and King County Public Health and local community-based organizations, our Healthy Communities work helps to increase awareness of lead hazards in local communities of color and low-income communities that are disproportionately impacted by exposures to lead in their homes and products.
Comments submitted by Toxic-Free Future
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