Washington State’s Children’s Safe Products Act (CSPA) not only sets forth hazardous chemical restrictions for children’s products sold in the state, it also contains a Reporting Rule that requires manufacturers of children’s products to submit a notice to the state’s Department of Ecology if a Chemical of High Concern to Children (CHCC) is present in a product.
Intentionally added in a product component at any concentration above the CHCC’s Practical Quantification Limit (PQL); or
Present as a contaminant in a product component at any concentration above 100 ppm.
Chemicals of High Concern to Children (CHCC)
On 22 October 2013, the Department of Ecology adopted amendments to the reporting rule in response to a petition to add tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (CAS 13674-87-8) to the list of CHCCs, and to remove n-butanol (CAS 71-36-3) from the list (See Table A).
With the adopted amendments, the number of chemicals of high concern to children remains at 66.
The changes to the rule will be effective on 22 November 2013 and manufacturers are no longer required to report on the presence of n-butanol in their children’s products after that date. Instead, manufacturers will be required to report on the presence of TDCPP in their children’s products. The first reports for TDCPP will be due in February 2015.
The Department of Ecology will periodically purchase products and test them for CHCCs. A manufacturer found to have violated the reporting rule may be fined for up to US$5,000 for each violation in the first offence, and up to US$10,000 for each repeated offence.
Table A: The two chemicals amended in the List of Chemicals of High Concern to Children (CHCC)