Chapter  173 -337 WAC
SAFER PRODUCTS RESTRICTIONS AND REPORTING
PART A – GENERAL
NEW SECTION
WAC 173-337-010   Authority and purpose.   (1) Authority.  Chapter 
70A.350 Revised Code of Washington (RCW)  authorizes ecology to:
(a) Implement, administer, and enforce chapter 70A.350 RCW.
(b) Regulate priority chemicals in priority consumer products.
(2) Purpose.  This chapter implements chapter 70A.350 RCW.
(a) This chapter provides a regulatory framework to:
(i) Reduce the use of priority chemicals in priority consumer 
products by establishing restrictions.
(ii)  Increase transparency in product ingredients by requiring 
notification of priority chemicals in priority consumer products.
(b) This chapter establishes:
(i) Actions applicable persons must take related to manufactur-
ing, distributing, or selling or offering to sell (including, but not 
limited to, wholesale, online, or retail) priority consumer products 
containing priority chemicals in and into Washington state.
(ii)  The enforcement process ecology will use if manufacturers 
fail to comply with this chapter.
NEW SECTION
WAC 173-337-015   Applicability.   (1) This chapter applies to any 
person who manufactures, distributes, or sells or offers to sell a 
priority consumer product that contains a priority chemical in or into 
Washington state.
(2) This chapter does not apply to:
(a) Consumer products excluded from chapter 70A.350 RCW.
(b) Consumer products transported or stored in Washington state 
solely for sale or distribution to consumers outside of Washington 
state.
(c) The recycling or disposal of existing stock.
[ 1 ] OTS-4159.3NEW SECTION
WAC 173-337-020   Requesting an exemption.   (1) A person required 
to comply with this chapter may request an exemption from the require-
ments of this chapter.
(2) Ecology will use objective factors including, but not limited 
to, the following, when evaluating exemption requests.
(a) The priority chemical is functionally necessary to the prior-
ity consumer product and there is no alternative.
(b) It is not currently possible to comply with the restriction 
and comply with another legally imposed requirement.
(c) An unforeseen event or circumstance limited the availability 
of alternatives.
(3) A person seeking exemption from the requirements of this 
chapter must submit a request to ecology that includes the following 
information.
(a) Your name and address.
(b) Requirements in this chapter from which you request an exemp-
tion.
(c) A statement of the need and justification for the exemption. 
Include information, data, or sources relevant to the need and justi-
fication.
(4) A person who submits a request for exemption must make the 
following certification:
"I certify under penalty of perjury under the law of Washington 
that this document and all attachments were prepared under my direc-
tion or supervision in accordance with a system designed to assure 
that qualified personnel properly gather and evaluate the information 
submitted. Based on my inquiry as the person or one of the persons who 
manage (s) the system, or those persons directly responsible for gath-
ering the information, the information submitted is, to the best of my 
knowledge and belief, true, accurate, and complete."
(5) A person who satisfies the requirements in subsections (3) 
and (4) of this section is temporarily exempt from the requirements 
from which they requested an exemption until ecology makes a decision 
on their request.
(6) A person adversely affected by ecology's initial decision 
about a request for exemption from the requirements of this chapter 
may request review of that decision by the ecology director or their 
designee. Ecology's final decision is not subject to further adminis-
trative review.
NEW SECTION
WAC 173-337-025   Acronyms and definitions.   Unless ecology deter-
mines the context requires otherwise, the following definitions apply 
for the purposes of this chapter.
"Bisphenol"  means a chemical with two phenol rings connected by a 
single linker atom. The linker atom and phenol rings may have addi-
tional substituents.
"Chemical abstracts service registry number"  or "CAS RN"  means 
the number assigned for identification of a particular chemical by the 
[ 2 ] OTS-4159.3chemical abstracts service, a service of the American Chemical Society 
that indexes and compiles abstracts of worldwide chemical literature 
called chemical abstracts .
"Consumer product"  means any item, including any component parts 
and packaging, sold for residential or commercial use.
"Ecology"  means the Washington state department of ecology.
"Electronic display"  means a display screen and associated elec-
tronics that, as its primary function, displays visual information 
from wired or wireless sources.
"Environmental justice"  means the term as defined in chapter 
70A.02 RCW.
"Existing stock"  means consumer products in commerce at the time 
a restriction takes effect.
"External enclosures"  means the external part of the finished 
product that renders inaccessible all or any parts of the equipment 
that may otherwise present a risk of electric shock, or retards propa-
gation of flame initiated by electrical disturbances occurring within, 
or both.
"FDA"  means the United States Food and Drug Administration.
"Flame retardant"  means a chemical that is added to or reacted 
with a material to effectively retard flames. Chemicals used in the 
product to provide anti-drip function are not flame retardants if oth-
er chemicals are explicitly used for the purpose of flame retardancy.
"Inaccessible electronic component"  means a part or component of 
an electronic product that is located inside and entirely enclosed 
within another material and is not capable of coming out of the prod-
uct or being accessed during any reasonably foreseeable use or abuse 
of the product.
"Intended for indoor use"  means a product not "intended for out-
door use" as defined in this chapter.
"Intended for outdoor use"  means a product designed for use in an 
outdoor setting and to maintain functionality after exposure to ultra-
violet (UV)  light, exposure to water, or immersion.
"Intentionally added priority chemical"  or "intentionally added" 
means a chemical that serves an intended function in the final product 
or in the manufacturing of the product or part of the product. Chemi-
cals present from the use of recycled materials are not considered 
"intentionally added priority chemicals."
"Manufacturer"  means any person, firm, association, partnership, 
corporation, governmental entity, organization, or joint venture that 
produces a product or is an importer or domestic distributor of a 
product sold or offered for sale in or into the state.
"Organohalogen"  means a class of chemicals that includes any 
chemical containing one or more halogen elements bonded to a carbon.
"Ortho-phthalates"  means synthetic chemical esters of benzenedi-
carboxylic acid consisting of two carboxy groups at ortho positions.
"Overburdened community"  means the term as defined in chapter 
70A.02 RCW.
"Perfluoroalkyl and polyfluoroalkyl substances"  or "PFAS"  means a 
class of fluorinated organic chemicals containing at least one fully 
fluorinated carbon atom.
"Phenolic compounds"  means alkylphenol ethoxylates and bisphe-
nols.
"ppm"  means parts per million.
"Previously owned product"  means a priority consumer product 
owned by an end user or consumer, regardless of whether that end user 
purchased the product.
[ 3 ] OTS-4159.3"Priority chemical"  means a chemical or chemical class identified 
by ecology as a priority chemical under chapter 70A.350 RCW, or a 
chemical or chemical class identified in chapter 70A.350 RCW, or both.
"Priority consumer product"  means a product identified by ecology 
to be a significant source or use of a priority chemical.
"RCW"  means the Revised Code of Washington.
"Sell"  or "offering to sell"  includes, but is not limited to, 
wholesale, online, and retail.
"Sensitive population"  means the term as defined in chapter 
70A.350 RCW.
"Thermal paper"  means a paper coated with a material formulated 
to change color when exposed to heat.
"TMBPF"  means tetramethyl bisphenol F (CAS RN: 5384-21-4).
"U.S.C."  means the United States Code.
"WAC"  means the Washington Administrative Code.
NEW SECTION
WAC 173-337-030   Enforcement and penalties.   (1) Any violation of 
this chapter is subject to the enforcement and penalty sanctions of 
chapter 70A.350 RCW.
(2) In accordance with chapter 70A.350 RCW:
(a) A manufacturer violating a requirement of this chapter is 
subject to a civil penalty not to exceed $5,000 for each violation in 
the case of a first offense. Manufacturers who are repeat violators 
are subject to a civil penalty not to exceed $10,000 for each repeat 
offense.
(b) A manufacturer may appeal any penalty provided for in this 
chapter to the pollution control hearings board.
(c) All penalties collected under this chapter shall be deposited 
in the model toxics control operating account created in RCW 
70A.305.180.
NEW SECTION
WAC 173-337-035   Severability.   If any provision of this chapter 
or its application to any person is held invalid, the remainder of 
this chapter or the application of the provision to other persons or 
circumstances is not affected.
NEW SECTION
WAC 173-337-040   Federal preemption.   (1) This section applies if 
either of the following federal regulatory actions occurs after the 
effective date of this chapter.
(a) The U.S. Environmental Protection Agency takes an action un-
der the Toxic Substances Control Act, 15 U.S.C. Secs. 2601 through 
2697, that preempts pursuant to 15 U.S.C. Sec. 2617 the enforcement of 
[ 4 ] OTS-4159.3a restriction imposed by this chapter on a priority chemical in a pri-
ority consumer product.
(b) The U.S. Consumer Product Safety Commission takes an action 
under the Consumer Product Safety Act, 15 U.S.C. Secs. 2051 through 
2089, or the Federal Hazardous Substances Act, 15 U.S.C. Secs. 1261 
through 1278a, that preempts pursuant to 15 U.S.C. Sec. 2075 or 15 
U.S.C. Sec. 1261 note "Effect Upon Federal and State Law" at 
(b)(1)(B) , the enforcement of a restriction imposed by this chapter on 
a priority chemical in a priority consumer product.
(2) If either of the preemptive federal regulatory actions de-
scribed in subsection (1) of this section occurs, manufacturers will, 
starting on the date of the relevant federal agency action, be subject 
to the requirements of WAC 173-337-060 regarding the affected priority 
chemical in the affected priority consumer product, instead of the re-
striction imposed by this chapter.
NEW SECTION
WAC 173-337-045   Relation to other laws and rules.   In addition 
to the requirements of this chapter and chapter 70A.350 RCW, other 
laws, rules, and ordinances may apply to priority consumer products 
containing priority chemicals. Nothing in this chapter is intended to 
excuse persons regulated by this chapter from complying with other 
laws, rules, ordinances, procedures, restrictions, or limitations on 
regulated consumer products.
NEW SECTION
WAC 173-337-050   Equity and environmental justice.   (1) To 
strengthen the integration of equity and environmental justice consid-
erations when implementing, administering, and enforcing chapter 
70A.350 RCW, ecology will, to the extent legal and practical:
(a) Strive to collaborate and co-develop approaches to equitable 
and meaningful community engagement with overburdened communities, 
sensitive populations, tribes and indigenous communities, and others.
(b) Pursue processes that facilitate and support the inclusion of 
overburdened communities and reduce barriers in equitable participa-
tion.
Examples of barriers and needs include child care, food costs, 
the Americans with Disabilities Act (ADA)  and other accessibility 
needs, and compensation for lived experience and expertise.
Examples of how community input may inform decision-making in-
clude determining:
• Preliminary priority chemicals, priority consumer products, and 
preliminary alternatives.
• Rule requirements.
• Compliance approach.
(c) Use existing data and information to document potential expo-
sure disparities when identifying priority chemicals and priority con-
sumer products. Examples of data and information include peer-reviewed 
[ 5 ] OTS-4159.3scientific studies, government reports and data, demographic informa-
tion, market-based research, and other sources reviewed by ecology.
(d) Prioritize chemicals and consumer products where regulatory 
actions may reduce disproportionate exposure.
(e) Work toward equitable access to safer consumer products. This 
includes, but is not limited to, considering overburdened communities 
and low-income populations' ability to access safer consumer products.
(2) Ecology will refer to guidance from relevant authorities in-
cluding, but not limited to:
(a) Title VI of the Civil Rights Act 1964, 42 U.S.C. Sec. 2000D 
et seq.
(b) Chapter 70A.02 RCW – Environmental justice.
(c) Chapter 43.03.220 RCW – Compensation of members of part-time 
boards and commissions —Class one groups.
(d) The Washington state office of equity.
(e) Ecology's office of equity and environmental justice.
NEW SECTION
WAC 173-337-055   Previously owned priority consumer products. 
(1) No person may sell or distribute a previously owned priority con-
sumer product that they know violates a restriction in this chapter.
(2) This does not apply to a:
(a) Priority consumer product manufactured before the effective 
date of the restriction, as listed in WAC 173-337-110 through 
173-337-114, even if the priority consumer product was refurbished af-
ter the effective date of the restriction.
(b) Repair part or replacement part that was made to refurbish a 
priority consumer product that was manufactured before the effective 
date of the restriction, as listed in WAC 173-337-110 through 
173-337-114.
NEW SECTION
WAC 173-337-060   Reporting requirements.   (1) Applicability.
(a) This section applies to a manufacturer of a priority consumer 
product required to submit a notification to ecology, as listed in WAC 
173-337-110, 173-337-112, and 173-337-114. This chapter refers to the 
person submitting the notification as the "reporting party."
(b) The manufacturer of the priority consumer product or a trade 
organization representing the manufacturer may serve as the reporting 
party.
(c) Reporting party.  The following hierarchy determines which 
person or entity ecology will hold primarily responsible for ensuring 
that ecology receives a complete, accurate, and timely notification.
(i) The person or entity that had the priority consumer product 
manufactured unless it has no presence in the United States.
(ii)  The person or entity that marketed the priority consumer 
product under their name or trademark unless it has no presence in the 
United States.
[ 6 ] OTS-4159.3(iii)  The first person or entity, whether an importer or a dis-
tributor, who owned the priority consumer product in the United 
States.
(d) This chapter requires only one reporting party to submit no-
tification with respect to a particular priority consumer product.
(2) Timing.
(a) The reporting party must submit a notification to ecology:
(i) By January 31st of the year after the effective date of the 
reporting requirement, as listed in WAC 173-337-110, 173-337-112, and 
173-337-114.
(ii)  Annually thereafter by January 31st.
(b) The reporting party may submit a revised notification to 
ecology when a priority consumer product no longer contains an inten-
tionally added priority chemical.
(3) Notification contents.
(a) The notification must include information about a priority 
consumer product containing an intentionally added priority chemical, 
that is sold or offered for sale in Washington state during the prior 
calendar year.
(b) The notification must include the following information.
(i) The name and CAS RN of the priority chemical that is inten-
tionally added. If the priority chemical has a CAS RN, the notifica-
tion must include it. If the priority chemical does not have a CAS RN, 
then include the generic name of the chemical.
(ii)  The product category or product categories that contain the 
priority chemical. The product category means the "brick" level of the 
GS1 Global Product Classification (GPC)  standard, which identifies 
products that serve a common purpose, are of a similar form and mate-
rial, and share the same set of category attributes.
(iii)  The product component within the product category that con-
tains the priority chemical. The product component means a uniquely 
identifiable material or coating (including ink or dye) that is inten-
ded to be included as a part of a finished priority consumer product.
(iv)  A description of the function of the priority chemical.
(v) The concentration range of each intentionally added priority 
chemical in each product component in each product category. The re-
porting party may report the concentration in ranges rather than the 
exact concentration. If there are multiple concentrations for a given 
product component in a particular product category, the reporting par-
ty must report the highest concentration.
The reporting ranges are:
(A) Less than 100 ppm (0.01%).
(B) Equal to or more than 100 ppm (0.01%), but less than 500 ppm 
(0.05%).
(C) Equal to or more than 500 ppm (0.05%), but less than 1,000 
ppm (0.1%).
(D) Equal to or more than 1,000 ppm (0.1%), but less than 5,000 
ppm (0.5%).
(E) Equal to or more than 5,000 ppm (0.5%), but less than 10,000 
ppm (1.0%).
(F) Equal to or more than 10,000 ppm (1.0%).
(vi)  Contact information.
(A) The name and address of the reporting party.
(B) The name, address, phone number, and electronic mail address 
of the contact person for the reporting party.
[ 7 ] OTS-4159.3(C) When a trade organization serves as the reporting party, the 
notification must include a list of the manufacturers they report for 
and all the required information.
(D) Which option in the hierarchy in subsection (1)(c)  of this 
section best represents the reporting party.
(vii)  Any other information the reporting party deems relevant to 
the appropriate use of the product.
(4) If the reporting party determines the information in the pri-
or annual notification did not change in the current reporting year, 
they must resubmit the data from the previous year's notification.
(5) This chapter does not require the reporting party to include:
(a) Specific formulations.
(b) The specific name and address of the facility responsible for 
the use or addition of a priority chemical in the priority consumer 
product or product component.
(6) Notification database.  The reporting party must use an ecolo-
gy-designated notification database to submit the required notifica-
tion to ecology.
NEW SECTION
WAC 173-337-065   Confidential business information (CBI) .  A per-
son who submits information to ecology may request that ecology treat 
that information as confidential as provided in RCW 43.21A.160 by pro-
viding appropriate documentation supporting the request.
PART B – CHEMICALS AND CONSUMER PRODUCTS
NEW SECTION
WAC 173-337-110   PFAS.   (1) Aftermarket stain- and water-resist-
ance treatments.
(a) Applicability.
(i) Priority consumer products. This subsection applies to:
(A) Aftermarket stain-resistant treatments for application to 
textile and leather consumer products.
(B) Aftermarket water-resistant treatments for application to 
textile and leather consumer products.
(C) Aftermarket stain-resistant and water-resistant treatments 
for application to textile and leather consumer products.
(ii)  This subsection does not apply to premarket topical chemical 
treatments applied during the manufacturing process.
(b) Compliance schedule.  The restriction in (c) of this subsec-
tion takes effect on January 1, 2025.
(c) Restriction.
[ 8 ] OTS-4159.3(i) No person may manufacture, sell, or distribute a priority 
consumer product described in (a) of this subsection that contains in-
tentionally added PFAS.
This does not apply to a priority consumer product described in 
(a) of this subsection manufactured before January 1, 2025.
(ii)  Ecology presumes the detection of total fluorine indicates 
the intentional addition of PFAS.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that PFAS were not intentionally added. Provide 
credible evidence supporting that statement and include information, 
data, or sources relevant to demonstrate that PFAS were not intention-
ally added.
(2) Carpets and rugs.
(a) Applicability.  Priority consumer products. This subsection 
applies to:
(i) Carpets intended for indoor use or intended for outdoor use.
(ii)  Rugs intended for indoor use or intended for outdoor use, 
including carpeted mats.
(b) Compliance schedule.  The restriction in (c) of this subsec-
tion takes effect on January 1, 2025.
(c) Restriction.
(i) No person may manufacture, sell, or distribute a priority 
consumer product described in (a) of this subsection that contains in-
tentionally added PFAS.
This does not apply to a:
(A) Priority consumer product described in (a) of this subsection 
manufactured before January 1, 2025, even if the priority consumer 
product was refurbished after January 1, 2025.
(B) Repair part or replacement part that was made to refurbish a 
priority consumer product described in (a) of this subsection that was 
manufactured before January 1, 2025.
(ii)  Ecology presumes the detection of total fluorine indicates 
the intentional addition of PFAS.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that PFAS were not intentionally added. Provide 
credible evidence supporting that statement and include information, 
data, or sources relevant to demonstrate that PFAS were not intention-
ally added.
(3) Leather and textile furniture and furnishings intended for 
indoor use.
(a) Applicability.
(i) Priority consumer products. This subsection applies to leath-
er and textile furniture and furnishings intended for indoor use.
(ii)  This subsection does not apply to:
(A) Leather and textile furniture and furnishings intended for 
outdoor use.
(B) Leather and textiles sold separately and not part of furni-
ture and furnishings.
(b) Compliance schedule.  The restriction in (c) of this subsec-
tion takes effect on January 1, 2026.
(c) Restriction.
[ 9 ] OTS-4159.3(i) No person may manufacture, sell, or distribute a priority 
consumer product described in (a) of this subsection that contains in-
tentionally added PFAS.
This does not apply to a:
(A) Priority consumer product described in (a) of this subsection 
manufactured before January 1, 2026, even if the priority consumer 
product was refurbished after January 1, 2026.
(B) Repair part or replacement part that was made to refurbish a 
priority consumer product described in (a) of this subsection that was 
manufactured before January 1, 2026.
(ii)  Ecology presumes the detection of total fluorine indicates 
the intentional addition of PFAS.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that PFAS were not intentionally added. Provide 
credible evidence supporting that statement and include information, 
data, or sources relevant to demonstrate that PFAS were not intention-
ally added.
(4) Leather and textile furniture and furnishings intended for 
outdoor use.
(a) Applicability.
(i) Priority consumer products. This subsection applies to leath-
er and textile furniture and furnishings intended for outdoor use.
(ii)  This subsection does not apply to:
(A) Leather and textile furniture and furnishings intended for 
indoor use.
(B) Leather and textiles sold separately and not part of furni-
ture and furnishings.
(b) Compliance schedule.
(i) The reporting requirement in (c) of this subsection takes ef-
fect on January 1, 2024.
(ii)  The reporting party must submit a notification to ecology in 
accordance with WAC 173-337-060:
(A) By January 31, 2025.
(B) Annually thereafter by January 31st.
(c) Reporting.  The manufacturer must provide notice that the pri-
ority consumer product described in (a) of this subsection, contains 
intentionally added PFAS. The manufacturer must provide notice to 
ecology in accordance with WAC 173-337-060.
(i) Ecology presumes the detection of total fluorine indicates 
the intentional addition of PFAS.
(ii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that PFAS were not intentionally added. Provide 
credible evidence supporting that statement and include information, 
data, or sources relevant to demonstrate that PFAS were not intention-
ally added.
NEW SECTION
WAC 173-337-111   Ortho-phthalates.   (1) Fragrances in beauty 
products and personal care products.
[ 10 ] OTS-4159.3(a) Applicability.
(i) Priority consumer products. This subsection applies to:
(A) Fragrances sold separately, such as perfumes and colognes.
(B) Fragrances used in beauty products, regardless of whether the 
item contains drug ingredients regulated by the FDA.
(C) Fragrances used in personal care products, regardless of 
whether the item contains drug ingredients regulated by the FDA.
(ii)  This subsection does not apply to:
(A) Ortho-phthalates used in beauty products or personal care 
products for purposes other than as a solvent or fixative for fragran-
ces.
(B) Active ingredients in products regulated by the FDA as drugs.
(C) Consumer products regulated by the FDA as medical devices.
(b) Compliance schedule.  The restriction in (c) of this subsec-
tion takes effect on January 1, 2025.
(c) Restriction.
(i) No person may manufacture, sell, or distribute a priority 
consumer product described in (a) of this subsection that contains an 
intentionally added ortho-phthalate used as a solvent or fixative for 
fragrance ingredients.
This does not apply to a priority consumer product described in 
(a) of this subsection manufactured before January 1, 2025.
(ii)  Ecology presumes the detection of ortho-phthalates not lis-
ted in the ingredients, indicates the intentional addition of ortho-
phthalates as solvents or fixatives for fragrance ingredients.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that an ortho-phthalate was not intentionally 
added as a solvent or fixative. Provide credible evidence supporting 
that statement and include information, data, or sources relevant to 
demonstrate that an ortho-phthalate was not intentionally added.
(2) Vinyl flooring.
(a) Applicability.  Priority consumer products. This subsection 
applies to vinyl flooring.
(b) Compliance schedule.  The restriction in (c) of this subsec-
tion takes effect on January 1, 2025.
(c) Restriction.  No person may manufacture, sell, or distribute a 
priority consumer product described in (a) of this subsection that 
contains more than 1,000 ppm of any ortho-phthalate, individually or 
combined.
This does not apply to a:
(i) Priority consumer product described in (a) of this subsection 
manufactured before January 1, 2025, even if the priority consumer 
product was refurbished after January 1, 2025.
(ii)  Repair part or replacement part that was made to refurbish a 
priority consumer product described in (a) of this subsection that was 
manufactured before January 1, 2025.
NEW SECTION
WAC 173-337-112   Flame retardants.   (1) Electric and electronic 
products with plastic external enclosures, intended for indoor use.
(a) Applicability.
[ 11 ] OTS-4159.3(i) Priority consumer products. This subsection applies to elec-
tric and electronic products with plastic external enclosures, inten-
ded for indoor use that are powered by either of the following.
(A) Standard 120-volt outlets and designed for up to 20-amp cir-
cuit.
(B) Battery.
(ii)  This subsection does not apply to:
(A) Electric and electronic products with plastic external enclo-
sures, intended for outdoor use.
(B) Consumer products that receive power only when they are hard-
wired into and permanently part of the fixed electrical wiring of a 
building. This includes wiring devices, control devices, electrical 
distribution equipment, lighting equipment, sensors, dimmers, control-
lers, and life safety systems and devices.
(C) Consumer products regulated by the FDA as medical devices.
(D) Consumer products designed to use nonelectric heating energy 
sources, such as natural gas.
(iii)  This subsection does not apply to the following parts of 
the priority consumer products described in (a) of this subsection.
(A) Inaccessible electronic component, such as printed circuit 
boards and internal fans.
(B) Internal parts that are removable and replaceable, but not 
accessible once the finished product is in its fully assembled and 
functional form.
(C) Plastic external enclosure parts that weigh less than 0.5 
grams.
(D) Screens, but this subsection does apply to the plastic exter-
nal enclosure surrounding the screen.
(E) Wires, cords, cables, switches, light bulbs, and connectors.
(b) Compliance schedule.
(i) Group definitions.
(A) "Group 1"  means a person or entity whose worldwide gross 
sales equal or exceed $1,000,000,000 in 2022.
(B) "Group 2"  means a person or entity whose worldwide gross 
sales are less than $1,000,000,000 in 2022.
(ii)  Electronic displays and televisions compliance schedule.
(A) The restriction in (c) of this subsection takes effect on 
January 1, 2025, for persons or entities in Group 1 or Group 2 who 
manufacture, sell, or distribute:
• Electronic displays described in (a) of this subsection.
• Televisions described in (a) of this subsection.
(B) The compliance schedule in (b)(ii)  of this subsection does 
not apply to the following priority consumer products.
• All-in-one video conference systems.
• Displays that are integrated with appliances and are not avail-
able for purchase as separate products by end-users.
• Displays with a screen area smaller than or equal to 100 square 
centimeters or 15.5 square inches.
• Projectors.
• Virtual reality headsets.
(iii)  Group 1 compliance schedule.
(A) The restriction in (c) of this subsection takes effect on 
January 1, 2027, for persons or entities in Group 1 who manufacture, 
sell, or distribute a priority consumer product described in (a) of 
this subsection. The compliance schedule in (b)(iii)  of this subsec-
tion applies to:
• All-in-one video conference systems.
[ 12 ] OTS-4159.3• Displays that are integrated with appliances and are not avail-
able for purchase as separate products by end-users.
• Displays with a screen area smaller than or equal to 100 square 
centimeters or 15.5 square inches.
• Projectors.
• Virtual reality headsets.
(B) The compliance schedule in (b)(iii)  of this subsection does 
not apply to the following priority consumer products described in (a) 
of this subsection.
• Electronic displays described in (a) of this subsection.
• Televisions described in (a) of this subsection.
(iv)  Group 2 compliance schedule.
(A) The restriction in (c) of this subsection takes effect on 
January 1, 2028, for persons or entities in Group 2 who manufacture, 
sell, or distribute a priority consumer product described in (a) of 
this subsection. The compliance schedule in (b)(iv)  of this subsection 
applies to:
• All-in-one video conference systems.
• Displays that are integrated with appliances and are not avail-
able for purchase as separate products by end-users.
• Displays with a screen area smaller than or equal to 100 square 
centimeters or 15.5 square inches.
• Projectors.
• Virtual reality headsets.
(B) The compliance schedule in (b)(iv)  of this subsection does 
not apply to the following priority consumer products described in (a) 
of this subsection.
• Electronic displays described in (a) of this subsection.
• Televisions described in (a) of this subsection.
(c) Restriction.
(i) No person may manufacture, sell, or distribute a priority 
consumer product described in (a) of this subsection that has a plas-
tic external enclosure that contains intentionally added organohalogen 
flame retardants.
This does not apply to a:
(A) Priority consumer product described in (a) of this subsection 
manufactured before the applicable compliance schedules in (b) of this 
subsection, even if the priority consumer product was refurbished af-
ter the applicable compliance schedules in (b) of this subsection.
(B) Repair part or replacement part that was made to refurbish a 
priority consumer product described in (a) of this subsection that was 
manufactured before the applicable compliance schedules in (b) of this 
subsection.
(ii)  Ecology presumes the detection of:
(A) Total bromine concentrations above 1,000 ppm in the homogene-
ous material indicate intentionally added organohalogen flame retard-
ants.
(B) Total chlorine concentrations above 1,000 ppm in the homoge-
neous material indicate intentionally added organohalogen flame re-
tardants.
(C) Total fluorine concentrations above 1,000 ppm with less than 
5,000 ppm total phosphorus in the homogeneous material indicate inten-
tionally added organohalogen flame retardants.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
[ 13 ] OTS-4159.3(B) A statement that an organohalogen flame retardant was not in-
tentionally added. Provide credible evidence supporting that statement 
and include information, data, or sources relevant to demonstrate that 
an organohalogen flame retardant was not intentionally added.
(2) Electric and electronic products with plastic external enclo-
sures, intended for outdoor use.
(a) Applicability.
(i) Priority consumer products. This subsection applies to elec-
tric and electronic products with plastic external enclosures, inten-
ded for outdoor use that are powered by either of the following.
(A) Standard 120-volt outlets and designed for up to 20-amp cir-
cuit.
(B) Battery.
(ii)  This subsection does not apply to:
(A) Electric and electronic products with plastic external enclo-
sures, intended for indoor use.
(B) Consumer products that receive power only when they are hard-
wired into and permanently part of the fixed electrical wiring of a 
building. This includes wiring devices, control devices, electrical 
distribution equipment, lighting equipment, sensors, dimmers, control-
lers, and life safety systems and devices.
(C) Consumer products regulated by the FDA as medical devices.
(D) Consumer products designed to use nonelectric heating energy 
sources, such as natural gas.
(iii)  This subsection does not apply to the following parts of 
the priority consumer products described in (a) of this subsection.
(A) Inaccessible electronic component, such as printed circuit 
boards and internal fans.
(B) Internal parts that are removable and replaceable, but not 
accessible once the finished product is in its fully assembled and 
functional form.
(C) Plastic external enclosure parts that weigh less than 0.5 
grams.
(D) Screens, but this subsection does apply to the plastic exter-
nal enclosure surrounding the screen.
(E) Wires, cords, cables, switches, light bulbs, and connectors.
(b) Compliance schedule.
(i) The reporting requirement in (c) of this subsection takes ef-
fect on January 1, 2024.
(ii)  The reporting party must submit a notification to ecology in 
accordance with WAC 173-337-060:
(A) By January 31, 2025.
(B) Annually thereafter by January 31st.
(c) Reporting.  The manufacturer must provide notice that the pri-
ority consumer product described in (a) of this subsection, contains 
an intentionally added organohalogen flame retardant. The manufacturer 
must provide notice to ecology in accordance with WAC 173-337-060.
(i) Ecology presumes the detection of:
(A) Total bromine concentrations above 1,000 ppm in the homogene-
ous material indicate intentionally added organohalogen flame retard-
ants.
(B) Total chlorine concentrations above 1,000 ppm in the homoge-
neous material indicate intentionally added organohalogen flame re-
tardants.
(C) Total fluorine concentrations above 1,000 ppm with less than 
5,000 ppm total phosphorus in the homogeneous material indicate inten-
tionally added organohalogen flame retardants.
[ 14 ] OTS-4159.3(ii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that an organohalogen flame retardant was not in-
tentionally added. Provide credible evidence supporting that statement 
and include information, data, or sources relevant to demonstrate that 
an organohalogen flame retardant was not intentionally added.
(3) Recreational covered wall padding made from polyurethane 
foam.
(a) Applicability.
(i) Priority consumer products. This subsection applies to rec-
reational covered wall padding made from polyurethane foam.
(ii)  This subsection does not apply to the priority consumer 
products listed in subsection (4)(a)(i)  of this section.
(b) Compliance schedule.
(i) The reporting requirement in (c) of this subsection takes ef-
fect on January 1, 2024.
(ii)  The reporting party must submit a notification to ecology in 
accordance with WAC 173-337-060:
(A) By January 31, 2025.
(B) Annually thereafter by January 31st.
(c) Reporting.  The manufacturer must provide notice that the pri-
ority consumer product described in (a) of this subsection, contains 
an intentionally added priority chemical listed in (c)(i)  of this sub-
section. The manufacturer must provide notice to ecology in accordance 
with WAC 173-337-060.
(i) Priority chemicals.
(A) Organohalogen flame retardant.
(B) The following organophosphate flame retardants.
• Ethylhexyl diphenyl phosphate (EHDPP, CAS RN: 1241-94-7).
• Isopropylated triphenyl phosphate (IPTPP, CAS RN: 68937-41-7).
• Tributyl phosphate (TNBP, CAS RN: 126-73-8).
• Triorthocresyl phosphate (TCP, CAS RN: 1330-78-5).
• Triphenyl phosphate (TPP, CAS RN: 115-86-6).
(ii)  Ecology presumes the detection of:
(A) Total bromine concentrations above 1,000 ppm in the homogene-
ous material indicate intentionally added organohalogen flame retard-
ants.
(B) Total chlorine concentrations above 1,000 ppm in the homoge-
neous material indicate intentionally added organohalogen flame re-
tardants.
(C) Total fluorine concentrations above 1,000 ppm in the homoge-
neous material indicate intentionally added organohalogen flame re-
tardants.
(D) Organophosphate flame retardants listed in (c)(i)  of this 
subsection (individual or combined) at concentrations above 1,000 ppm 
in the homogeneous material indicate intentionally added organophos-
phate flame retardants.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that an organohalogen flame retardant or an orga-
nophosphate flame retardant listed in (c)(i)  of this subsection, was 
not intentionally added. Provide credible evidence supporting that 
statement and include information, data, or sources relevant to demon-
strate that an organohalogen flame retardant or an organophosphate 
flame retardant was not intentionally added.
[ 15 ] OTS-4159.3(4) Other recreational products made from polyurethane foam.
(a) Applicability.
(i) Priority consumer products. This subsection applies to:
(A) Recreational covered flooring made from polyurethane foam.
(B) Recreational covered mats made from polyurethane foam.
(C) Outdoor recreational products made from polyurethane foam.
(D) Uncovered recreational products made from polyurethane foam.
(ii)  This subsection does not apply to:
(A) Recreational covered wall padding made from polyurethane 
foam.
(B) Outdoor playground equipment.
(b) Compliance schedule.  The restriction in (c) of this subsec-
tion takes effect on January 1, 2025.
(c) Restriction.  No person may manufacture, sell, or distribute a 
priority consumer product described in (a) of this subsection that 
contains an intentionally added priority chemical listed in (c)(i)  of 
this subsection, individually or combined.
This does not apply to a priority consumer product described in 
(a) of this subsection manufactured before January 1, 2025.
(i) Priority chemicals.
(A) Organohalogen flame retardant.
(B) The following organophosphate flame retardants.
• Ethylhexyl diphenyl phosphate (EHDPP, CAS RN: 1241-94-7).
• Isopropylated triphenyl phosphate (IPTPP, CAS RN: 68937-41-7).
• Tributyl phosphate (TNBP, CAS RN: 126-73-8).
• Triorthocresyl phosphate (TCP, CAS RN: 1330-78-5).
• Triphenyl phosphate (TPP, CAS RN: 115-86-6).
(ii)  Ecology presumes the detection of:
(A) Total bromine concentrations above 1,000 ppm in the homogene-
ous material indicate intentionally added organohalogen flame retard-
ants.
(B) Total chlorine concentrations above 1,000 ppm in the homoge-
neous material indicate intentionally added organohalogen flame re-
tardants.
(C) Total fluorine concentrations above 1,000 ppm in the homoge-
neous material indicate intentionally added organohalogen flame re-
tardants.
(D) Organophosphate flame retardants listed in (c)(i)  of this 
subsection (individual or combined) at concentrations above 1,000 ppm 
in the homogeneous material indicate intentionally added organophos-
phate flame retardants.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that an organohalogen flame retardant or an orga-
nophosphate flame retardant listed in (c)(i)  of this subsection, was 
not intentionally added. Provide credible evidence supporting that 
statement and include information, data, or sources relevant to demon-
strate that an organohalogen flame retardant or an organophosphate 
flame retardant was not intentionally added.
NEW SECTION
WAC 173-337-113   Alkylphenol ethoxylates.   Laundry detergent.
[ 16 ] OTS-4159.3(1) Applicability.  Priority consumer products. This subsection 
applies to laundry detergent.
(2) Compliance schedule.  The restriction in subsection (3) of 
this section takes effect on January 1, 2025.
(3) Restriction.  No person may manufacture, sell, or distribute a 
priority consumer product described in subsection (1) of this section 
that contains more than 1,000 ppm of any alkylphenol ethoxylates, in-
dividually or combined.
This does not apply to a priority consumer product described in 
subsection (1) of this section manufactured before January 1, 2025.
NEW SECTION
WAC 173-337-114   Bisphenols.   (1) Drink cans.
(a) Applicability.
(i) Priority consumer products. This subsection applies to drink 
cans.
(ii)  This subsection does not apply to food cans.
(b) Compliance schedule.  The restriction in (c) of this subsec-
tion takes effect on January 1, 2025.
(c) Restriction.
(i) No person may manufacture, sell, or distribute a priority 
consumer product described in (a) of this subsection that contains a 
bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can lin-
ers.
This does not apply to a priority consumer product described in 
(a) of this subsection manufactured before January 1, 2025.
(ii)  Ecology presumes the detection of a bisphenol, excluding 
TMBPF, indicates a bisphenol-based epoxy can liner.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that the priority consumer product does not con-
tain a bisphenol-based epoxy can liner. Provide credible evidence sup-
porting that statement and include information, data, or sources rele-
vant to demonstrate that the priority consumer product does not con-
tain a bisphenol-based epoxy can liner.
(2) Food cans.
(a) Applicability.
(i) Priority consumer products. This subsection applies to food 
cans.
(ii)  This subsection does not apply to drink cans.
(b) Compliance schedule.
(i) The reporting requirement in (c) of this subsection takes ef-
fect on January 1, 2024.
(ii)  The reporting party must submit a notification to ecology in 
accordance with WAC 173-337-060:
(A) By January 31, 2025.
(B) Annually thereafter by January 31st.
(c) Reporting.  The manufacturer must provide notice that the pri-
ority consumer product described in (a) of this subsection, contains a 
bisphenol-based epoxy can liner. This does not include TMBPF-based ep-
oxy can liners.
[ 17 ] OTS-4159.3The manufacturer must provide notice to ecology in accordance 
with WAC 173-337-060.
(i) Ecology presumes the detection of a bisphenol, excluding 
TMBPF, indicates a bisphenol-based epoxy can liner.
(ii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that the priority consumer product does not con-
tain a bisphenol-based epoxy can liner. Provide credible evidence sup-
porting that statement and include information, data, or sources rele-
vant to demonstrate that the priority consumer product does not con-
tain a bisphenol-based epoxy can liner.
(3) Thermal paper.
(a) Applicability.
(i) Priority consumer products. This subsection applies to ther-
mal paper.
(ii)  This subsection does not apply to consumer products regula-
ted by the FDA as medical devices.
(b) Compliance schedule.  The restriction in (c) of this subsec-
tion takes effect on January 1, 2026.
(c) Restriction.
(i) No person may manufacture, sell, or distribute a priority 
consumer product described in (a) of this subsection that contains in-
tentionally added bisphenols.
This does not apply to a priority consumer product described in 
(a) of this subsection manufactured before January 1, 2026.
(ii)  Ecology presumes the detection of bisphenol concentrations 
above 200 ppm indicate intentionally added bisphenols.
(iii)  Manufacturers may rebut this presumption by submitting a 
statement to ecology that includes the following information.
(A) The name and address of the person submitting the statement.
(B) A statement that a bisphenol was not intentionally added. 
Provide credible evidence supporting that statement and include infor-
mation, data, or sources relevant to demonstrate that a bisphenol was 
not intentionally added.
[ 18 ] OTS-4159.3