Washington State has recently adopted an amendment to its Children’s Safe Products Act. The new rules will become effective on October 30, 2017.

SAFEGUARDS | Consumer Products NO. 157/17

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In 2008, Washington State enacted the Children’s Safe Products Act (CSPA). As part of that law, codified as Chapter 173-334 WAC [1], the state’s Department of Ecology (DOE) established 66 Chemicals of High Concern to Children (CHCCs) and required manufacturers to annually report if children’s products contained these chemicals that are intentionally added and exceeds the practical quantitation limit (PQL) or more than 100 ppm as a contaminant.

In 2013, DOE delisted [2] 1-butanol (CAS 71-36-3) and added tris-(1-chloro-2-propyl) phosphate (TCPP, CAS 13674-84-5) to the list of CHCCs.

On September 29, 2017 [3], DOE adopted an amendment to the CPSA Reporting Rule [4]. This amendment contains a number of important changes, including:

  • Adding 20 new chemicals to the CHCC list (see Table 1 for these 20 new chemicals). These are mainly flame retardants, phthalates and two BPA analogues (BPS and BPF)

  • Separating 4-nonylphenol (NP) and its 2 isomeric forms from one entry into 3 separate entries 

  • Deleting 3 chemicals from the CHCC list. These are phthalic anhydride, octamethylcyclotetrasiloxane (D4) and molybdenum and its compounds (Mo)

  • Reports due on January 31, 2019, applies to children’s products for the period September 1, 2017 to December 31, 2018. Manufacturers may request an extension to this reporting deadline provided this is their first report and reporting is for more than one chemical or product.

  • Reports due on January 31, 2020, and annually thereafter, are for children’s products from the prior calendar year.

  • Reporting parties must copy the report from the previous year and report the same data into the online reporting database if there are no changes since the previous annual report.

The new CSPA Reporting Rule contains 85 CHCCs and will become effective on October 30, 2017 [5].

Details of the 20 newly added CHCCs are summarized in the Table below.

Entry Name Abbreviation or Acronym CAS
1 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate TBB 183658-27-7
2 Bis(chloromethyl)propane-1,3-diyl tetrakis-(2-chloroethyl) bis(phosphate) V6 38051-10-4
3 Bis (2-ethylhexyl) tetrabromophthalate TBPH 26040-51-7
4 Bisphenol F BPF 620-92-8
5 Bisphenol S BPS 80-09-1
6 Chlorinated paraffins -- 108171-26-2
7 Decabromodiphenyl ethane DBDPE 84852-53-9
8 Di-(2-methoxyethyl) phthalate DMEP 117-82-8
9 Dicyclohexyl phthalate DCHP 84-61-7
10 Diisobutyl phthalate DIBP 84-69-5
11 Dipentyl phthalate DPP 131-18-0
12 Ethylhexyl diphenyl phosphate EHDPP 1241-94-7
13 Isopropylated triphenyl phosphate IPTPP 68937-41-7
14 Perfluorooctanoic acid and related substances PFOA 335-67-1
15 Short-chain chlorinated paraffins SCCP 85535-84-8
16 Tricresyl phosphate TCP 1330-78-5
17 Tri-n-butyl phosphate TNBP 126-73-8
18 Triphenyl phosphate TPP 115-86-6
19 Tris (1-chloro-2-propyl) phosphate TCPP 13674-84-5
20 Tris (2,3-dibromopropyl) phosphate TDBPP 126-72-7

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.

Next step:

Stakeholders are advised to comply with the latest requirements for CHCCs in children’s products for the Washington State market.

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: +852 2774 7420

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