The US state of Washington has recently approved measures restricting the use of five flame retardants in children’s products and residential upholstered furniture. The new law will take effect on July 1, 2017.
In 2007, we informed you  that Washington State approved measures to prohibit the use of polybrominated diphenyl ethers (PBDEs) in non comestible products, with certain exemptions for decabromo diphenyl ether (Deca-BDE) (RCW 70.76).  The law defines PBDEs as diphenyl ethers containing bromine atoms, and is not limited to commercial mixtures of pentabromo diphenyl ether (Penta-BDE), octabromo diphenyl ether (Octa-BDE) and decabromo diphenyl ether (Deca-BDE).
On April 1, 2016, the governor of Washington State signed the Engrossed Substitute HB 2545 ‘The Toxic-Free Kids and Families Act’  into law to restrict the use of five flame retardants (FRs) in children’s products as defined under RCW 70.240.010  as well as in residential upholstered furniture. These five flame retardants are:
TDCPP and TCEP
Washington State is the first jurisdiction in the US to regulate TBBPA, a flame retardant that can be used in toys, childcare articles and furniture.
The new law amends certain definitions falling under RCW 70.240.010 by replacing ‘Child car seats’ with ‘Portable infant or child safety seat designed to attach to an automobile seat’. Children’s products now include:
Cosmetics for children under the age of 12
Jewelry for children under the age of 12
Portable infant or child safety seats designed to attach to an automobile seat
Products to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child
The new law also directs the Departments of Health and Ecology of Washington State to evaluate six additional flame retardants (IPTPP, TBB, TBPH, TCPP, TPP and V6) and the Department of Health to make recommendations to the Legislature on whether to prohibit, or restrict, their use in an equivalent scope of products.
Washington State now joins a number of jurisdictions across the US regulating flame retardants in consumer products, including the Federal Government , California , Hawaii (HRS § 332D-1) , Illinois , Maine , Maryland , Michigan , Minnesota , New York , Oregon , Rhode Island , Vermont  and Washington DC .
The new law will take effect on July 1, 2017. Highlights of the new law are summarized in Table 1.
Table 1: Washington State Toxic Free Kids and Families Act (ES HB 2545, 2016; Chapter 176, 2016)
|Flame Retardant (FR)||Scope||Requirement||Effective Date|
|≤ 1000 ppm each FR||July 1 2017|
The following FRs may be restricted to no more than 1000 ppm in children’s products and residential furniture by rule:
Table 2 DEFINITIONS
|4||IPTPP||68937-41-7||Isopropylated triphenyl phosphate|
|11||V6||385051-10-4||Bis(chloromethyl) propane-1,3-diyl tetrakis (2-chloroethyl) bisphosphate|
Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy for flame retardants in consumer products for the US and international markets. Please do not hesitate to contact us for further information.
For enquiries, please contact:
Hing Wo Tsang
t: +852 2774 7420
Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!
© SGS Group Management SA - 2016 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.