Regulatory Alert
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Washington's Children's Safe Product Act
Published April 3, 2008
USA - Washington - Restricted Substances Overview
On April 1, 2008, Washington Governor Christine Gregoire acted to approve and partially veto the Children's Safe Products Act, Engrossed Second Substitute House Bill ("ESSHB") 2647. This legislation is the first of several proposed state bills aimed at restricting lead and other substances from children’s products. As approved, the Washington Act prohibits manufacturers, wholesalers and retailers from knowingly selling, offering for sale, distributing for sale, or distributing for use in Washington state a children’s product or product component containing: (a) more than 0.009 percent lead by weight (90 ppm); (b) more than 0.004 percent cadmium by weight (40 ppm); or, (c) more than 0.10 percent phthalates by weight (1000 ppm), individually or in combination. If determined to be feasible, the Washington Department of Ecology (“Department”) may by rule reduce the allowable lead concentration to 0.004 percent by weight (40 ppm).
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