Washington · statute · Wash. Rev. Code ch. 70A.405 · 12 active provisions
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 a…
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Comestible" means edible.(2) "Commercial decabromo diphenyl ether" or "commercial deca-bde" means the chemical mixture of decabromo diphenyl ether, including associated polybrominated diphenyl ether impuriti…
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…
(1) Except as provided in RCW 70A.405.090, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state mattresses containing commercial deca-bde after January 1, 2008.(2) Except as provided in RCW 70A.405.090, no person may manufacture, knowingly sell, offer for s…
(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 standa…
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 depar…
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.
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.
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.
(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…
(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 d…
The department may adopt rules to fully implement this chapter.