reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.400 - Firefighting Agents and Equipment—Toxic Chemical Use. › 70A.400.040 - Manufacturer of restricted class B firefighting foam—Notification to sellers—Recall of prohibited products.

RCW 70A.400.040
Manufacturer of restricted class B firefighting foam—Notification to sellers—Recall of prohibited products.
(1) A manufacturer of class B firefighting foam restricted under RCW 70A.400.020 must notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited under RCW 70A.400.020 shall recall the product and reimburse the retailer or any other purchaser for the product.
[ 2020 c 20 § 1067; 2018 c 286 § 5. Formerly RCW 70.75A.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.400 - Firefighting Agents and Equipment—Toxic Chemical Use. › 70A.400.050 - Class B firefighting foam/firefighting personal protective equipment—Certificate of compliance—Department duties.

RCW 70A.400.050
Class B firefighting foam/firefighting personal protective equipment—Certificate of compliance—Department duties.
(1) The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.
(2) Beginning July 1, 2018, the department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals have been intentionally added. The department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.
[ 2018 c 286 § 6. Formerly RCW 70.75A.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.400 - Firefighting Agents and Equipment—Toxic Chemical Use. › 70A.400.060 - Penalties.

RCW 70A.400.060
Penalties.
A manufacturer of class B firefighting foam in violation of RCW 70A.400.020 or 70A.400.040 or a person in violation of RCW 70A.400.010 or 70A.400.030 is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 § 1068; 2019 c 422 § 403; 2018 c 286 § 7. Formerly RCW 70.75A.060.]
NOTES:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.005 - Findings.

RCW 70A.405.005
Findings.
Polybrominated diphenyl ethers (PBDEs) have been used extensively as flame retardants in a large number of common household products for the past thirty years. Studies on animals show that PBDEs can impact the developing brain, affecting behavior and learning after birth and into adulthood, making exposure to fetuses and children a particular concern. Levels of PBDEs are increasing in people, and in the environment, particularly in North America. Because people can be exposed to these chemicals through house dust and indoor air as well as through food, it is important to phase out their use in common household products, provided that effective flame retardants that are safer and technically feasible are available at a reasonable cost.
[ 2007 c 65 § 1. Formerly RCW 70.76.005.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.020 - Manufacture, sale, or distribution of noncomestible products containing PBDEs—Exemptions.

RCW 70A.405.020
Manufacture, sale, or distribution of noncomestible products containing PBDEs—Exemptions.
After January 1, 2008, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state noncomestible products containing PBDEs. Exemptions from the prohibition in this section are limited to the following:
(1) Products containing deca-bde, except as provided in RCW 70A.405.030;
(2) The sale or distribution of any used transportation vehicle manufactured before January 1, 2008, with component parts containing PBDEs;
(3) The sale or distribution of any used transportation vehicle parts or new transportation vehicle parts manufactured before January 1, 2008, that contain PBDEs;
(4) The manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of equipment containing PBDEs and used primarily for military or federally funded space program applications. The exemption in this subsection (4) does not cover consumer-based goods with broad applicability;
(5) Federal aviation administration fire worthiness requirements and recommendations;
(6) The manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of any new raw material or component part used in a transportation vehicle with component parts, including original spare parts, containing deca-bde;
(7) The use of commercial deca-bde in the maintenance, refurbishment, or modification of transportation equipment;
(8) The sale or distribution of any product containing PBDEs that has been previously owned, purchased, or sold in commerce, provided it was manufactured before the effective date of the prohibition;
(9) The manufacture, sale, or distribution of any new product or product component consisting of recycled or used materials containing deca-bde;
(10) The sale or purchase of any previously owned product containing PBDEs made in casual or isolated sales as defined in RCW 82.04.040 and to sales by nonprofit organizations;
(11) The manufacture, sale, or distribution of new carpet cushion made from recycled foam containing less than one-tenth of one percent penta-bde; and
(12) Medical devices.
[ 2020 c 20 § 1069; 2007 c 65 § 3. Formerly RCW 70.76.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.040 - Fire safety committee.

RCW 70A.405.040
Fire safety committee.
(1) The fire safety committee is created for the exclusive purpose of finding whether an alternative identified under RCW 70A.405.030(2)(b) meets applicable fire safety standards.
(2) A majority vote of the members of the fire safety committee constitutes a finding that an alternative meets applicable fire safety standards.
(3) The fire safety committee consists of the following members:
(a) A representative from the department, who shall chair the fire safety committee, and serve as an ex officio nonvoting member.
(b) Five voting members, appointed by the governor, as follows:
(i) A representative of the office of the state fire marshal;
(ii) A representative of a statewide association representing the interests of fire chiefs;
(iii) A representative of a statewide association representing the interests of fire commissioners;
(iv) A representative of a recognized statewide council, affiliated with an international association representing the interests of firefighters; and
(v) A representative of a statewide association representing the interests of volunteer firefighters.
[ 2020 c 20 § 1071; 2007 c 65 § 5. Formerly RCW 70.76.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.050 - Departments review of commercial deca-bde alternatives and effects of PBDEs in waste stream—Publication.

RCW 70A.405.050
Departments review of commercial deca-bde alternatives and effects of PBDEs in waste stream—Publication.
The department and the department of health shall review risk assessments, scientific studies, and other relevant findings regarding alternatives to the use of commercial deca-bde in products not directly addressed in this chapter. If a flame retardant that is safer and technically feasible becomes available, the department shall convene the fire safety committee created in RCW 70A.405.040. The fire safety committee and the state fire marshal shall proceed as required in RCW 70A.405.030(2)(c) to determine if the identified alternative meets applicable fire safety standards. The department and the department of health shall also review risk assessments, scientific studies, and other findings regarding the potential effect of PBDEs in the waste stream. By December 31st of the year in which the finding is made, the department must publish the information required by this section in the Washington State Register and present it in a report to the appropriate committees of the legislature.
[ 2020 c 20 § 1072; 2007 c 65 § 6. Formerly RCW 70.76.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.060 - Exclusions from chapter—Transportation and storage.

RCW 70A.405.060
Exclusions from chapter—Transportation and storage.
Nothing in this chapter restricts the ability of a manufacturer, importer, or distributor from transporting products containing PBDEs through the state or storing the products in the state for later distribution outside the state.
[ 2007 c 65 § 7. Formerly RCW 70.76.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.070 - Notification to sellers.

RCW 70A.405.070
Notification to sellers.
A manufacturer of products containing PBDEs that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.
[ 2007 c 65 § 8. Formerly RCW 70.76.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.080 - Assistance to state agencies.

RCW 70A.405.080
Assistance to state agencies.
The department shall assist state agencies to give priority and preference to the purchase of equipment, supplies, and other products that do not contain PBDEs.
[ 2007 c 65 § 9. Formerly RCW 70.76.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.090 - Retailers—Liability—Existing stock.

RCW 70A.405.090
Retailers—Liability—Existing stock.
(1) Retailers who unknowingly sell products prohibited under RCW 70A.405.020 or 70A.405.030 are not liable under this chapter.
(2) In-state retailers in possession of products on the date that restrictions on the sale of the products become effective under RCW 70A.405.020 or 70A.405.030 may exhaust their existing stock through sales to the public.
(3) The department must assist in-state retailers in identifying potential products containing PBDEs.
(4) If a retailer unknowingly possesses products that are prohibited for sale under RCW 70A.405.020 or 70A.405.030 and the manufacturer does not recall the products as required under RCW 70A.405.100(2), the retailer may exhaust its existing stock through sales to the public. However, no additional prohibited stock may be sold or offered for sale.
[ 2020 c 20 § 1073; 2007 c 65 § 10. Formerly RCW 70.76.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.100 - Enforcement—Achieving compliance with chapter—Enforcement sequence—Recall—Penalties.

RCW 70A.405.100
Enforcement—Achieving compliance with chapter—Enforcement sequence—Recall—Penalties.
(1) Enforcement of this chapter must rely on notification and information exchange between the department and manufacturers. The department must achieve compliance with this chapter using the following enforcement sequence:
(a) Before the effective date of the product prohibition in RCW 70A.405.020 or 70A.405.030, the department must prepare and distribute information to in-state manufacturers and out-of-state manufacturers, to the maximum extent practicable, to assist them in identifying products prohibited for manufacture, sale, or distribution under this chapter.
(b) The department may request a certificate of compliance from a manufacturer. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.
(c) The department may issue a warning letter to a manufacturer that produces, sells, or distributes prohibited products in violation of this chapter. The department must offer information or other appropriate assistance to the manufacturer in complying with this chapter. If, after one year, compliance is not achieved, penalties may be assessed under subsection (3) of this section.
(2) A manufacturer that knowingly produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter must recall the product and reimburse the retailer or any other purchaser for the product and any applicable shipping and handling for returning the products.
(3) A manufacturer of products containing PBDEs in violation of this chapter is subject to a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed five thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 § 1074; 2019 c 422 § 404; 2007 c 65 § 11. Formerly RCW 70.76.100.]
NOTES:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.405 - Polybrominated Diphenyl Ethers—Flame Retardants. › 70A.405.110 - Rules.

RCW 70A.405.110
Rules.
The department may adopt rules to fully implement this chapter.
[ 2007 c 65 § 12. Formerly RCW 70.76.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.410 - Detergent Phosphorus Content. › 70A.410.005 - Finding.

RCW 70A.410.005
Finding.
The legislature hereby finds and declares that:
(1) Phosphorus loading of surface waters can stimulate the growth of weeds and algae, and that such growth can have adverse environmental, health, and aesthetic effects;
(2) Household detergents contribute to phosphorus loading, and that a limit on detergents containing phosphorus can significantly reduce the discharge of phosphorus into the state's surface and ground waters;
(3) Household detergents containing no or very low phosphorus are readily available and that over thirty percent of the United States population lives in areas with a ban on detergents containing phosphorus;
(4) Phosphorus limits on household detergents can significantly reduce treatment costs at those sewage treatment facilities that remove phosphorus from the waste stream; and
(5) While significant reductions of phosphorus from laundry detergent have been accomplished, similar progress in reducing phosphorus contributions from dishwashing detergents has not been achieved.
It is therefore the intent of the legislature to impose a statewide limit on the phosphorus content of household detergents.
[ 2006 c 223 § 1; 1993 c 118 § 1. Formerly RCW 70.95L.005.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.410 - Detergent Phosphorus Content. › 70A.410.010 - Definitions.

RCW 70A.410.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.410.005 through 70A.410.030.
(1) "Department" means the department of ecology.
(2) "Dishwashing detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning dishes, whether by hand or by household machine.
(3) "Laundry detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning laundry, whether by hand or by household machine.
(4) "Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(5) "Phosphorus" means elemental phosphorus.
[ 2020 c 20 § 1243; 1993 c 118 § 2. Formerly RCW 70.95L.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.410 - Detergent Phosphorus Content. › 70A.410.020 - Phosphorus content regulated.

RCW 70A.410.020
Phosphorus content regulated.
(1) After July 1, 1994, a person may not sell or distribute for sale a laundry detergent that contains 0.5 percent or more phosphorus by weight.
(2)(a) After July 1, 1994, and until the dates specified in this subsection, a person may not sell or distribute for sale a dishwashing detergent that contains 8.7 percent or more phosphorus by weight.
(b) Beginning July 1, 2008, in counties located east of the crest of the Cascade mountains with populations greater than four hundred thousand, as determined by office of financial management population estimates, a person may not sell or distribute for sale a dishwashing detergent that contains 0.5 percent or more phosphorus by weight.
(c) From July 1, 2008, to June 30, 2010, in counties located west of the crest of the Cascade mountains with populations greater than one hundred eighty thousand and less than two hundred twenty thousand, as determined by office of financial management population estimates, a person may not sell or distribute for sale a dishwashing detergent that contains 0.5 percent or more phosphorus by weight except in a single-use package containing no more than 2.0 grams of phosphorus.
(d) Beginning July 1, 2010, a person may not sell or distribute for sale a dishwashing detergent that contains 0.5 percent or more phosphorus by weight in the state.
(e) For purposes of this section, "single-use package" means a tablet or other form of dishwashing detergent that is constituted and intended for use in a single washing.
(3) This section does not apply to the sale or distribution of detergents for commercial and industrial uses.
[ 2008 c 193 § 1; 2006 c 223 § 2; 1993 c 118 § 3. Formerly RCW 70.95L.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.410 - Detergent Phosphorus Content. › 70A.410.030 - Notice to distributors and wholesalers.

RCW 70A.410.030
Notice to distributors and wholesalers.
The department is responsible for notifying major distributors and wholesalers of the statewide limit on phosphorus in detergents.
[ 1993 c 118 § 4. Formerly RCW 70.95L.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.410 - Detergent Phosphorus Content. › 70A.410.040 - Injunction.

RCW 70A.410.040
Injunction.
The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the provisions of RCW 70A.410.020.
[ 2020 c 20 § 1244; 1993 c 118 § 5. Formerly RCW 70.95L.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.415 - Hazardous Substance Information. › 70A.415.010 - Definitions.

RCW 70A.415.010
Definitions.
Unless the context clearly indicates otherwise, the definitions in this section shall apply throughout this chapter.
(1) "Agency" means any state agency or local government entity.
(2) "Hazardous household substances" means those substances identified by the department as hazardous household substances in the guidelines developed by the department.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department.
(5) "Hazardous substances" or "hazardous materials" means those substances or materials identified as such under regulations adopted pursuant to the federal hazardous materials transportation act, the toxic substances control act, the resource recovery and conservation act, the comprehensive environmental response compensation and liability act, the federal insecticide, fungicide, and rodenticide act, the occupational safety and health act hazardous communications standards, and the state hazardous waste act.
(6) "Moderate risk waste" means any waste that exhibits any of the properties of dangerous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation and any household wastes that are generated from the disposal of substances identified by the department as hazardous household substances.
[ 1985 c 410 § 2. Formerly RCW 70.102.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.415 - Hazardous Substance Information. › 70A.415.020 - Hazardous substance information and education office—Duties.

RCW 70A.415.020
Hazardous substance information and education office—Duties.
There is hereby created the hazardous substance information and education office. Through this office the department shall:
(1) Facilitate access to existing information on hazardous substances within a community;
(2) Request and obtain information about hazardous substances at specified locations and facilities from agencies that regulate those locations and facilities. The department shall review, approve, and provide confidentiality as provided by statute. Upon request of the department, each agency shall provide the information within forty-five days;
(3) At the request of citizens or public health or public safety organizations, compile existing information about hazardous substance use at specified locations and facilities. This information shall include but not be limited to:
(a) Point and nonpoint air and water emissions;
(b) Extremely hazardous, moderate risk wastes and dangerous wastes as defined in chapter 70A.300 RCW produced, used, stored, transported from, or disposed of by any facility;
(c) A list of the hazardous substances present at a given site and data on their acute and chronic health and environmental effects;
(d) Data on governmental pesticide use at a given site;
(e) Data on commercial pesticide use at a given site if such data is only given to individuals who are chemically sensitive; and
(f) Compliance history of any facility.
(4) Provide education to the public on the proper production, use, storage, and disposal of hazardous substances, including but not limited to:
(a) A technical resource center on hazardous substance management for industry and the public;
(b) Programs, in cooperation with local government, to educate generators of moderate risk waste, and provide information regarding the potential hazards to human health and the environment resulting from improper use and disposal of the waste and proper methods of handling, reducing, recycling, and disposing of the waste;
(c) Public information and education relating to the safe handling and disposal of hazardous household substances; and
(d) Guidelines to aid counties in developing and implementing a hazardous household substances program.
Requests for information from the hazardous substance information and education office may be made by letter or by a toll-free telephone line, if one is established by the department. Requests shall be responded to in accordance with chapter 42.56 RCW.
This section shall not require any agency to compile information that is not required by existing laws or rules.
[ 2020 c 20 § 1271; 2005 c 274 § 339; 1985 c 410 § 1. Formerly RCW 70.102.020.]
NOTES:
Worker and community right to know fund, use to provide hazardous substance information under chapter 70A.415 RCW: RCW 49.70.175.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.420 - Lead-Based Paint. › 70A.420.040 - Certification and accreditation—Rules.

RCW 70A.420.040
Certification and accreditation—Rules.
(1) The department shall establish a program for certification of persons involved in lead-based paint activities and for accreditation of training providers in compliance with federal laws and rules.
(2) Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of lead-based paint activities;
(c) Establish certification requirements for individuals and firms engaged in lead-based paint activities including provisions for recognizing certifications accomplished under existing certification programs;
(d) Require the use of certified personnel in any lead-based paint hazard reduction activity;
(e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and financial assurance for a person certified or accredited by the department; and
(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(3) This program shall equal, but not exceed, legislative authority under federal requirements as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996), Subparts L and Q, and Title X of the housing and community development act of 1992 (P.L. 102-550).
(4) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating to lead-based paint activities specified by the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and Title X of the housing and community development act of 1992 (P.L. 102-550), and rules adopted pursuant to chapter 70A.305 RCW, to ensure consistency in regulatory action. The rules may not be more restrictive than corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
(5) The department may accept federal funds for the administration of the program.
(6) For the purposes of certification under the federal requirements as set forth in section 2682 of the toxic substances control act (15 U.S.C. Sec. 2682), the department may require renovators and dust sampling technicians to apply for a certification badge issued by the department. The department may impose a fee on the applicant for processing the application. The application shall include a photograph of the applicant and a fee in the amount imposed by the department.
[ 2020 c 20 § 1273; 2010 c 158 § 4; 2003 c 322 § 4. Formerly RCW 70.103.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.420 - Lead-Based Paint. › 70A.420.050 - Rules—Report.

RCW 70A.420.050
Rules—Report.
The department shall adopt rules to:
(1) Establish procedures and requirements for the accreditation of lead-based paint activities training programs including, but not limited to, the following:
(a) Training curriculum;
(b) Training hours;
(c) Hands-on training;
(d) Trainee competency and proficiency;
(e) Training program quality control;
(f) Procedures for the reaccreditation of training programs;
(g) Procedures for the oversight of training programs; and
(h) Procedures for the suspension, revocation, or modification of training program accreditations, or acceptance of training offered by an accredited training provider in another state or Indian tribe authorized by the environmental protection agency;
(2) Establish procedures for the purposes of certification, for the acceptance of training offered by an accredited training provider in a state or Indian tribe authorized by the environmental protection agency;
(3) Certify individuals involved in lead-based paint activities to ensure that certified individuals are trained by an accredited training program and possess appropriate educational or experience qualifications for certification;
(4) Establish procedures for recertification;
(5) Require the conduct of lead-based paint activities in accordance with work practice standards;
(6) Establish procedures for the suspension, revocation, or modification of certifications;
(7) Establish requirements for the administration of third-party certification exams;
(8) Use laboratories accredited under the environmental protection agency's national lead laboratory accreditation program;
(9) Establish work practice standards for the conduct of lead-based paint activities, as defined in RCW 70A.420.020;
(10) Establish an enforcement response policy that shall include:
(a) Warning letters, notices of noncompliance, notices of violation, or the equivalent;
(b) Administrative or civil actions, including penalty authority, including accreditation or certification suspension, revocation, or modification; and
(c) Authority to apply criminal sanctions or other criminal authority using existing state laws as applicable.
The department shall prepare and submit a biennial report to the legislature regarding the program's status, its costs, and the number of persons certified by the program.
[ 2020 c 20 § 1274; 2010 c 158 § 5; 2003 c 322 § 5. Formerly RCW 70.103.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.420 - Lead-Based Paint. › 70A.420.060 - Lead paint account.

RCW 70A.420.060
Lead paint account.
The lead paint account is created in the state treasury. All receipts from RCW 70A.420.030 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter.
[ 2020 c 20 § 1275; 2003 c 322 § 6. Formerly RCW 70.103.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.420 - Lead-Based Paint. › 70A.420.070 - Inspections.

RCW 70A.420.070
Inspections.
(1)(a) The director or the director's designee is authorized to inspect at reasonable times and, when feasible, with at least twenty-four hours prior notification:
(i) Premises or facilities where those engaged in training for lead-based paint activities conduct business; and
(ii) The business records of, and take samples at, the businesses accredited or certified under this chapter to conduct lead-based paint training or activities.
(b) Any accredited training program or any firm or individual certified under this chapter that denies access to the department for the purposes of (a) of this subsection is subject to deaccreditation or decertification under RCW 70A.420.040.
(2) The director or the director's designee is authorized to inspect premises or facilities, with the consent of the owner or owner's agent, where violations may occur concerning lead-based paint activities, as defined under RCW 70A.420.020, at reasonable times and, when feasible, with at least forty-eight hours prior notification of the inspection.
(3) Prior to receipt of federal lead-based paint abatement funding, all premise or facility owners shall be notified by any entity that receives and disburses the federal funds that an inspection may be conducted. If a premise or facility owner does not wish to have an inspection conducted, that owner is not eligible to receive lead-based paint abatement funding.
[ 2020 c 20 § 1276; 2003 c 322 § 7. Formerly RCW 70.103.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.420 - Lead-Based Paint. › 70A.420.080 - Certification required to perform lead-based paint activities—Certificate revocation—Penalties.

RCW 70A.420.080
Certification required to perform lead-based paint activities—Certificate revocation—Penalties.
(1) The department is designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint activities program under the jurisdiction of the United States environmental protection agency.
(2) No individual or firm can perform, offer, or claim to perform lead-based paint activities without certification from the department to conduct these activities.
(3) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted under this chapter. No person whose certificate is revoked under this chapter shall be eligible to apply for a certificate for one year from the effective date of the final order of revocation. A certificate may be denied, suspended, or revoked on any of the following grounds:
(a) A risk assessor, inspector, contractor, project designer, worker, dust sampling technician, or renovator violates work practice standards established by the United States environmental protection agency or the United States department of housing and urban development governing work practices and procedures; or
(b) The certificate was obtained by error, misrepresentation, or fraud.
(4) Any person convicted of violating any of the provisions of this chapter is guilty of a misdemeanor. A conviction is an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this chapter, regardless of whether imposition of sentence is deferred or the penalty is suspended, and shall be treated as a violation conviction for purposes of certification forfeiture under this chapter. Violations of this chapter include:
(a) Failure to comply with any requirement of this chapter;
(b) Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required;
(c) Obtaining certification through fraud or misrepresentation;
(d) Failure to obtain certification from the department and performing work requiring certification at a jobsite; or
(e) Fraudulently obtaining certification and engaging in any lead-based paint activities requiring certification.
[ 2010 c 158 § 6; 2003 c 322 § 8. Formerly RCW 70.103.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.420 - Lead-Based Paint. › 70A.420.090 - Chapter contingent on federal action.

RCW 70A.420.090
Chapter contingent on federal action.
(1) The department's duties under chapter 322, Laws of 2003 are subject to authorization of the state program from the federal government within two years of July 27, 2003. Chapter 322, Laws of 2003 expires if the federal environmental protection agency does not authorize a state program within two years of July 27, 2003.
(2) The department's duties under chapter 322, Laws of 2003, as amended, are subject to the availability of sufficient funding from the federal government for this purpose. The director or his or her designee shall seek funding of the department's efforts under this chapter from the federal government. By October 15th of each year, the director shall determine if sufficient federal funding has been provided or guaranteed by the federal government. If the director determines sufficient funding has not been provided, the department shall:
(a) Cease efforts under this chapter due to the lack of federal funding; and
(b) Inform the code reviser that it has ceased its efforts due to the lack of federal funding.
[ 2010 c 158 § 7; 2003 c 322 § 9. Formerly RCW 70.103.090.]
NOTES:
Reviser's note: The federal environmental protection agency authorized Washington's program which was established June 10, 2004.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.010 - Purpose.

RCW 70A.425.010
Purpose.
The purpose of this chapter is to provide for special packaging to protect children from personal injury, serious illness or death resulting from handling, using or ingesting household substances, and to provide penalties.
[ 1974 ex.s. c 49 § 1. Formerly RCW 70.106.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.020 - Short title.

RCW 70A.425.020
Short title.
This chapter shall be cited as the Washington Poison Prevention Act of 1974.
[ 1974 ex.s. c 49 § 2. Formerly RCW 70.106.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.030 - Definitions—Construction.

RCW 70A.425.030
Definitions—Construction.
The definitions in RCW 70A.425.040 through 70A.425.090 unless the context otherwise requires shall govern the construction of this chapter.
[ 2020 c 20 § 1322; 1974 ex.s. c 49 § 3. Formerly RCW 70.106.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.040 - "Director" defined.

RCW 70A.425.040
"Director" defined.
"Director" means the director of the department of agriculture of the state of Washington, or his or her duly authorized representative.
[ 2012 c 117 § 418; 1974 ex.s. c 49 § 4. Formerly RCW 70.106.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.050 - "Sale" defined.

RCW 70A.425.050
"Sale" defined.
"Sale" means to sell, offer for sale, hold for sale, handle or use as an inducement in the promotion of a household substance or the sale of another article or product.
[ 1974 ex.s. c 49 § 5. Formerly RCW 70.106.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.060 - "Household substance" defined.

RCW 70A.425.060
"Household substance" defined.
"Household substance" means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is:
(1) A "hazardous substance", which means (a) any substance or mixture of substances or product which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children; (b) any substances which the director by regulation finds to meet the requirements of subsection (1)(a) of this section; (c) any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the director determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health, safety or welfare; and (d) any toy or other article intended for use by children which the director by regulation determines presents an electrical, mechanical or thermal hazard.
(2) A pesticide as defined in the Washington Pesticide Control Act, chapter 15.58 RCW as now or hereafter amended;
(3) A food, drug, or cosmetic as those terms are defined in the Uniform Washington Food, Drug and Cosmetic Act, chapter 69.04 RCW as now or hereafter amended; or
(4) A substance intended for use as fuel when stored in portable containers and used in the heating, cooking, or refrigeration system of a house; or
(5) Any other substance which the director may declare to be a household substance subsequent to a hearing as provided for under the provisions of chapter 34.05 RCW, Administrative Procedure Act, for the adoption of rules.
[ 1974 ex.s. c 49 § 6. Formerly RCW 70.106.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.070 - "Package" defined.

RCW 70A.425.070
"Package" defined.
"Package" means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of RCW 70A.425.110(1)(b), also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not include:
(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or
(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping.
[ 2020 c 20 § 1323; 1974 ex.s. c 49 § 7. Formerly RCW 70.106.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.080 - "Special packaging" defined.

RCW 70A.425.080
"Special packaging" defined.
"Special packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.
[ 1974 ex.s. c 49 § 8. Formerly RCW 70.106.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.090 - "Labeling" defined.

RCW 70A.425.090
"Labeling" defined.
"Labeling" means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying such substance.
[ 1974 ex.s. c 49 § 9. Formerly RCW 70.106.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.100 - Standards for packaging.

RCW 70A.425.100
Standards for packaging.
(1) The director may establish in accordance with the provisions of this chapter, by regulation, standards for the special packaging of any household substance if he or she finds that:
(a) The degree or nature of the hazard to children in the availability of such substance, by reason of its packaging is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and
(b) The special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance.
(2) In establishing a standard under this section, the director shall consider:
(a) The reasonableness of such standard;
(b) Available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances;
(c) The manufacturing practices of industries affected by this chapter; and
(d) The nature and use of the household substance.
(3) In carrying out the provisions of this chapter, the director shall publish his or her findings, his or her reasons therefor, and citation of the sections of statutes which authorize his or her action.
(4) Nothing in this chapter authorizes the director to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in RCW 70A.425.110(1)(b), labeling. In the case of a household substance for which special packaging is required pursuant to a regulation under this section, the director may in such regulation prohibit the packaging of such substance in packages which he or she determines are unnecessarily attractive to children.
(5) The director shall cause the regulations promulgated under this chapter to conform with the requirements or exemptions of the federal hazardous substances act and with the regulations or interpretations promulgated pursuant thereto.
[ 2020 c 20 § 1324; 2012 c 117 § 419; 1974 ex.s. c 49 § 10. Formerly RCW 70.106.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.110 - Exceptions from packaging standards.

RCW 70A.425.110
Exceptions from packaging standards.
(1) For the purpose of making any household substance which is subject to a standard established under RCW 70A.425.100 readily available to elderly persons or persons with disabilities unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if:
(a) The manufacturer or packer also supplies such substance in packages which comply with such standard; and
(b) The packages of such substance which do not meet such standard bear conspicuous labeling stating: "This package for households without young children"; except that the director may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate such labeling.
(2) In the case of a household substance which is subject to such a standard and which is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in such order or when requested by the purchaser.
(3) In the case of a household substance subject to such a standard which is packaged under subsection (1) of this section in a noncomplying package, if the director determines that such substance is not also being supplied by a manufacturer or packer in popular size packages which comply with such standard, he or she may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, by order require such substance to be packaged by such manufacturer or packer exclusively in special packaging complying with such standard if he or she finds, after opportunity for hearing, that such exclusive use of special packaging is necessary to accomplish the purposes of this chapter.
[ 2020 c 20 § 1325; 2012 c 117 § 420; 1974 ex.s. c 49 § 11. Formerly RCW 70.106.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.425 - Poison Prevention—Labeling and Packaging. › 70A.425.120 - Adoption of rules and regulations under federal poison prevention packaging act.

RCW 70A.425.120
Adoption of rules and regulations under federal poison prevention packaging act.
One of the purposes of this chapter is to promote uniformity with the Poison Prevention Packaging Act of 1970 and rules and regulations adopted thereunder. In accordance with such declared purpose, all of the special packaging rules and regulations adopted under the Poison Prevention Packaging Act of 1970 (84 Stat. 1670; 7 U.S.C. Sec. 135; 15 U.S.C. Sec. 1261, 1471-1476; 21 U.S.C. Sec. 343, 352, 353, 362) on July 24, 1974, are hereby adopted as rules and regulations applicable to this chapter. In addition, any rule or regulation adopted hereafter under said Federal Poison Prevention Act of 1970 concerning special packaging and published in the federal register shall be deemed to have been adopted under the provisions of this chapter. The director may, however, within thirty days of the publication of the adoption of any such rule or regulation under the Federal Poison Prevention Packaging Act of 1970, give public notice that a hearing will be held to determine if such regulations shall not be applicable under the provisions of this chapter. Such hearing shall be conducted in accord with the provisions of chapter 34.05 RCW, Administrative Procedure Act, as now enacted or hereafter amended.
[ 1974 ex.s. c 49 § 12. Formerly RCW 70.106.120.]