G/TBT/N/USA/1958/Add.1  
 
6 June 2023  
(23-3836) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
NOTIFICATION  
Addendum  
The following communication , dated  5 June 2023, is being circulated at the request of the delegation 
of the United States of America . 
 
_______________  
 
 
Title:  Safer Products Restrictions and Reporting  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[ ] Notified measure adopted - date:  
[X] Notified measure published - date: 31 May 2023  
[X] Notified measure enters into force - date: 1 July 2023; Some manufacturers, distributors, 
and retailers must comply with restrictions on some consumer products starting on 1 
January 2025. Reporting parties must submit the first notification by 31 January 2025.  
[X] Text of final measure available from1:  
https://ecology.wa.gov/DOE/files/8f/8f0d08ca -b529-4453-a797-13c6c635d282.pdf  
https://members.wto. org/crnattachments/2023/TBT/USA/final_measure/23_10060_00
_e.pdf  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[ ] Other:  
 
Description:  TITLE: Safer Products Restrictions and Reporting  
AGENCY: Department of Ecology, State of Washington  
ACTION: Adopted rule  
SUMMARY: On 31 May 2023, the Washington State Department of Ecology adopted a new rule, 
Chapter 173 -337 WAC —Safer Products Restrictions and Reporting. This new chapter establishes a 
regulatory program to reduce toxic chemicals in consumer products and increase product ingredient 
transparency, as directed by Washington State law.  
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1958/Add.1  
 
- 2 - 
 
  The adopted rule implements the regulatory actions reported to the Washington State Legislature in 
June 2022; Regulatory Determinations Report to the Legislature: Safer Products for Washingt on 
Cycle 1 Implementation Phase 3 . It creates reporting requirements and restrictions that apply to 
priority consumer products that contain priority chemicals, which include:  
--PFAS in aftermarket stain - and water -resistance treatments, carpets and rugs, a nd leather and 
textile furnishings.  
--Ortho -phthalates in vinyl flooring and in personal care product fragrances.  
--Organohalogen flame retardants in electric and electronic products.  
--Flame retardants (as defined in RCW 70A.350.010 ) in recreational polyurethane foam.  
--Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.  
The rule also addresses existing stock, repair and replacement parts, refurbished products, and 
previously owned products.  
It becomes effective on 1 July 2023. Some manufacturers, distributors, and retailers must comply 
with restrictions on some consumer products starting on 1 January 2025. Reporting parties must 
submit the first notification by 31 January 2025.  
Rule adoption documents:  
• Rulemaking Order (CR -103 form)  
• Adopted rule language  
• Final Regulatory Analyses  
• Concise Explanatory Statement  
• Rule Implementation Plan  
• SEPA Determination of Nonsignificance (DNS) and Environmental Checklist  
Further information about the  adopted rule:  
Safer Products for Washington  provides an overview of Washington State's implementation of The 
Toxic Pollution law ( Chapter 70A.350 RCW ). 
Safer Products for Washington rulemaking webpage  provides information about the rulemaking, 
including the supporting documents, which include the Final Regulatory Analyses, the Concise 
Explanatory Sta tement, the Rule Implementation Plan, and the (State Environmental Policy Act) 
SEPA Determination of Nonsignificance.  
Safer Products for Washington stakeholder webpage  provides information about the Safer Products 
for Washington program.  
Safer Products for Washington email list  links to a webpage to subscribe to receive updates for this 
rulemaking and all efforts related to the State of Washington Safer Products p rogram.  
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