G/TBT/N/USA/1958  
6 January 2023  
(23-0226) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
Washington  
2. Agency responsible:   
Department of Ecology, State of Washington [1989]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [X], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Toxic 
chemicals in consumer products; Environmental protection (ICS code(s): 13.020); 
Domestic safety (ICS code(s): 13.120); Products of the textile industry (ICS code(s): 
59.080); Leather products (ICS code(s): 59.140.35); Pro duction in the chemical industry 
(ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100); 
Furniture (ICS code(s): 97.140); Non -textile floor coverings (ICS code(s): 97.150)  
5. Title, number of pages and language(s) of the notified d ocument:  Safer Products 
Restrictions and Reporting; (17 page(s), in English)  
6. Description of content:  Proposed rule - The Washington Department of Ecology 
proposes a new rule, Chapter 173 -337 WAC – Safer Products Restrictions and Reporting; 
Washington A dministrative Code (WAC). This new chapter aims to reduce toxic chemicals 
in consumer products and implements Chapter 70A.350 RCW ; Revised Code of 
Washington (RCW). Ecology started the se cond phase of this rulemaking which opens the 
formal public comment period.  
This rulemaking proposes to:  
• Implement regulatory actions reported to the Washington State Legislature in 
June 2022. Review the Final Regulatory Determinations Report . 
• Create reporting requirements or r estrictions that apply to priority consumer 
products that contain priority chemicals. These include:  
o PFAS in aftermarket stain - and water -resistance treatments, carpets and 
rugs, and leather and textile furnishings.  
o Ortho -phthalates in personal care produc ts (fragrances) and vinyl 
flooring.  
o Organohalogen flame retardants in electric and electronic products.  G/TBT/N/USA/1958  
 
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  o Flame retardants (as defined in RCW 70A.350.010) in recreational 
polyurethane foam.  
o Phenolic compounds in laundry detergent, food and drink can linings,  and 
thermal paper.  
• Include provisions for repair and replacement parts, refurbished products, and 
previously owned products.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of 
human health or safety; Protection of the environment  
8. Relevant documents:   
Chapter 173 -337 WAC – Safer Products Restrictions and Reporting  
https://ecology.wa.gov/Regulations -Permits/Laws -rules-rulemaking/Rulemaking/WAC -
173-337 
Rule proposal documents:  
• Proposal Notice – CR-102 form  
• Proposed rule language  (attached as 
WA_Safer_Products_Restrictions_and_Reporting.pdf)  
• Preliminary Regulatory Analyses  
• SEPA Determination of Nonsignificance (DNS) and Environmental Checklist (draft)  
Washington Administrative Code Department of Ecology, Title 173: 
https://app.leg.wa.gov/wac/default.aspx?dispo=true&cite=173  
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point . Comme nts received by the USA TBT Enquiry Point from WTO Members and 
their stakeholders by 4pm Eastern Time  on 5 Fe bruary 2023 will be shared with the 
regulator.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  5 February 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_024 9_00_e.pdf