Washington’s new law bans five toxic chemicals used in home furniture and kids’ products, including the first-ever ban on TBBPA, a chemical found in kids’ car seats. It also establishes a state process for addressing six additional toxic flame retardants in the future. The six additional flame retardants are: six additional flame retardants are (IPTPP, TBB, TBPH, TCPP, TPP, and V6). The Washington Departments of Health and Ecology will evaluate and make recommendations to the Washington Legislature for possible future restrictions.
Washington’s Governor Inslee described the law the toughest regulation on flame retardants in the nation.
The new law restricts the use of the five flame retardants in used children’s products and residential upholstered furniture listed below.
· Additive TBBPA
· HBCD (HBCDD)
Under the Act, manufacturers, wholesalers, and retailers are prohibited from manufacturing, offering for sale, or distributing for sale or use in Washington children’s products and residential upholstered furniture containing these five flame retardants in amounts greater than 1,000 parts per million (ppm) in any product component.
The Washington ban may not have a significant impact because several states, including California, New York, Maryland, and Vermont have already passed laws that regulate Deca-BDE, TDCPP, and TCEP.
However, Washington will be the first state to restrict TBBPA. Manufacturers, wholesalers, and retailers may need to determine whether the chemicals is in their covered products.
Another consideration is that the new law did not provide a sell-through period for existing products, nor did it contemplate a “manufactured by” date to use as a cut-off for the sale of existing inventory that wholesalers and retailers have on hand.