RCW70.240.020Lead,Cadmium,andPhthalatesth.pdfVIP

Children’s Safe Product Act – RCW 70.240.020 Lead, Cadmium, and Phthalates February 12th, 2016 The Children’s Safe Product Act includes a “Prohibition on the manufacturing and sale of children’s products containing lead, cadmium and phthalates” (RCW 70.240.020). Ecology continues to investigate for violations of the limits on lead, cadmium and phthalates in children’s products in RCW 70.240.020. Where the consumer product is one that is covered by the federal Consumer Product Safety Improvement Act (CPSIA) limit for a particular constituent, Ecology will generally refer the matter to the Consumer Product Safety Commission staff for enforcement. Where the product is covered by the state limits (because it falls within the definition of “children’s product” in RCW 70.240.010), but not by a limit under the CPSIA, Ecology will enforce the state limits. The following is provided as guidance for determining whether the Department of Ecology will consider a particular children’s product to be subject to continuing enforcement under Washington’s limits on lead, cadmium and phthalates under RCW 70.240.020. Shortly after Washington enacted its limits on lead, cadmium, and phthalates in children’s products in 2008, Congress enacted the Consumer Product Safety Improvement Act (CPSIA), P.L. 110–314 (Aug. 14, 2008). The federal CPSIA imposes its own limits on lead,1 certain phthalates,2 and cadmium (among other substances) in certain categories of children’s products.3 That federal law also prohibits the enforcement of any state safety regulation that prescribes content limits (1) on the same “consumer product” as the federal limit, and (2) for “the same risk of injury associated with such consumer product” unless the state regulation is identical to the federal standard.4 Washington ’s limits on lead, phthalates, and cadmium are generally more stringent than the CPSIA limits.5 Therefore, for those consumer products to which a federal standa