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SAFEGUARDS | Consumer Products NO. 165/16

SafeGuardS kids playing dough

Washington State has recently proposed changes to the CHCC list by adding 35 new chemicals and removing 10 existing chemicals. Comments from the public about the rule and list change are being solicited until November 5.

In 2008 the US state of Washington enacted the Children’s Safe Products Act (CSPA). [1] As part of that law, Washington State created a list of 66 substances called the Chemicals of High Concern to Children (CHCC) and required manufacturers to report if certain classes of children’s products contained any of the chemicals as intentionally added ingredients. The law also required manufacturers to report if the product contained any of the chemicals as a contaminant at levels over 100ppm.

In the years since then, Washington State has promulgated rules [2] and published guidance documents [3] to clarify the responsibilities of retailers and manufacturers and clarify the reporting process. On October 5, 2016, Washington State Department of Ecology (DOE) proposed an amendment to the reporting rules, [4] and opened a 30-day comment period until November 5, 2016 to accept public comments about the proposed rule. Public hearings [5] will also be held by the Department to discuss the proposed rule and list updates on October 25, 2016.

Changes to the reporting rule include:

  • Removing the staged starting time and tier system for reporting. Now all children’s products are covered by the requirement and all sizes of business must report. The phase in schedule is nearly complete and this change removes a portion of the rules that will shortly have no relevance to enforcement of the law.

  • The reporting date is changed to January 1, starting in 2018. On that date reports are due for products sold in Washington in all of calendar 2017.

  • The proposed language states plainly that the internal components of a children’s product do not need to be reported.

  • The proposed language changes the title and much of the text of section 173-334-100 so that the due date and period covered by each report is communicated more clearly.

  • Adding new definitions of “De minimis level” and “Internal Component”

  • Changing the language of the rule to refer to the online reporting database that is used for reporting

  • Minor grammatical changes to the rule and chemical list

As a separate notice, [6] the Department is also looking for comments on adding and delisting Chemicals of High Concern to Children. The proposed chemicals to be added are outlined in table 1. The proposed chemicals to be removed from the list are outlined in table 2.

Table 1: Chemicals proposed to be added to the Washington state CHCC list. *Chemicals identified in RCW 70.240.035

No. CAS Chemical
1. 84-61-7 Dicyclohexyl phthalate (DCHP)
2. 84-69-5 Diisobutyl phthalate (DIBP)
3. 115-86-6* Triphenyl phosphate (TPP)
4. 117-82-8 bis(2-Methoxyethyl) phthalate (DEMP)
5. 131-18-0 Dipentyl phthalate (DNPP or DPENP) or Di-n-pentyl phthalate
6. 335-67-1 Perfluorooctanoic acid (PFOA) and related substances
7. 1330-78-5 Tricresyl phosphate (TCP)
8. 13560-89-9 Dechlorane plus
9. 13674-84-5* tris (1-Chloro-2-propyl) phosphate (TCPP)
10. 26040-51-7* bis (2-Ethylhexyl)-2,3,4,5-tetrabromophthalate (TBPH)
11. 27554-26-3 Diisooctyl phthalate (DIOP)
12. 37853-59-1 1,2-bis(2,4,6-Tribromophenoxy)ethane (BTBPE)
13. 68937-41-7* Isopropylated triphenyl phosphate (IPTPP)
14. 84852-53-9 Decabromodiphenylethane (DBDPE)
15. 85535-84-8 Short chain chlorinated paraffins (SCCPs)
16. 183658-27-7* (2-Ethylhexyl)-2,3,4,5-tetrabromobenzoate (TBB)
17. 385051-10-4* V6 or bis(chloromethyl) propane-1,3-diyltetrakis (2-chloroethyl) bisphosphate
18. 79-01-6 Trichloroethylene
19. 79-06-1 Acrylamide
20. 91-59-8 2-Napthylamine
21. 92-87-5 Benzidene and salts
22. 96-18-4 1,2,3-Trichloropropane
23. 97-56-3 CI Solvent Yellow 3
24. 101-14-4 4,4’ Methylene (2-chloroaniline)
25. 101-77-9 4,4’ Diaminodiphenylmethane
26. 106-89-8 Epichlorohydrin Addition
27. 106-93-4 1,2 Dibromomethane , Ethylene dibromide
28. 106-99-0 1,3-Butadiene
29. 107-06-2 1,2 Dichloroethane, Ethylene dichloride
30. 120-71-8 6-Methoxy-m-toluidine
31. 605-50-5 Diisopentyl phthalate (DIPP)
32. 838-88-0 4,4’-Methylenedi-o-toluidine
33. 7440-02-0 Nickel and nickel compounds
34. 7440-41-7 Beryllium
35. 26471-62-5 Toluene diisocyanate

Table 2: Chemicals proposed to be delisted from the Washington State CHCC list

No. CAS Chemical
1. 85-44-9 Phthalic anhydride
2. 94-13-3 Propyl paraben
3. 94-26-8 Butyl paraben
4. 99-76-3 Methyl paraben
5. 99-96-7 Para-hydroxy benzoic acid
6. 120-47-8 Ethyl paraben
7. 5466-77-3 2-Ethylhexyl 4-methoxycinnimate
8. 7439-98-7 Molybdenum
9. 50-00-0 Formaldehyde
10. 556-67-2 Octamethylcyclotetrasiloxane (D4)

Washington State DOE is also looking for comments about the proposed changes to the list. These will also be accepted until November 5, 2016.

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy, for consumer products for compliance with CSPA, Prop 65 and worldwide requirements. Please do not hesitate to contact us for further information.

For enquiries, please contact:

William Baxter
Technical Manager, Consumer and Retail

t: +01 862 233 5775

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