State of Washington Children’s Safe Products Act Chapter 70.240 RCW

1. State of Washington Children’s Safe Products Act Chapter 70.240 RCW Susan DeRagon & Haley Will UL / PPAI Product Safety Consultants

2. This information is being furnished by PPAI for educational and informational purposes only. The Association makes no warranties or representations about specific dates, coverage or application. Consult with appropriate legal counsel about the specific application of the law to your business and products.

3. Washington’s CSPA Reporting Rule(Chapter 173-334 WAC) • Identification of chemicals with potential adverse effects on children (focus on the high priority chemicals) • Rule that requires manufacturers of children’s products to notify the Department of Ecology when “Chemicals of High Concern to Children” (CHCC) are present in the product • Sixty-six chemicals are currently identified as CHCC’s

4. Washington State’s 66 CHCC’s

5. Children’s Product Definition / Classification Includes (but is not limited to): • Toys / Games • Children’s Jewelry (Personal Accessories) • Children’s Cosmetics (Beauty / Personal Care / Hygiene) • Children’s Clothing & Footwear • Baby Care • Children’s Arts & Crafts • Does Not Include: • Over-the-counter Drugs / Prescription Drugs • Food • Dietary Supplements • Medical Devices • Batteries • Consumer Electronics / Interactive Software • Bicycles, Tricycles

6. Reporting Responsibility • “…any person or entity that produces a children’s product, any importer that assumes ownership of a children’s product, and any domestic distributor of a children’s product.” • Reporting hierarchy: • Person/entity that had the children’s product manufactured, unless no US presence • Person/entity that marketed the children’s product under its name or trademark, unless no US presence • First person/entity, whether importer or distributor, that owned the children’s product in the US • Applies to all covered children’s products offered for sale to consumers in the state of Washington – including mail order and internet sales

7. Reporting Requirements “Intentionally added chemical” – a chemical in a product that serves an intended function in the product component “Contaminant” – trace amounts of chemicals that are incidental to manufacturing and serve no intended function in the product component • Each chemical on the CHCC list that is an intentionally added chemicalpresent in the product component must be reported at any concentration above a defined value, known as the practical quantification limit (PQL)chemical” – a chemical in a product that serves an intended function in the product component • Each chemical on the CHCC list that is a contaminant present in a product component must be reported at any concentration > 100ppm “Contaminant” – trace amounts of chemicals that are incidental to manufacturing and serve no intended function in the product component

8. Categories of Manufacturers • Based on annual U.S. aggregate gross sales: • “Largest manufacturer” = > $ 1 Billion • “Larger manufacturer” = > $250 Million and < $1 Billion • “Medium size manufacturer” = > $100 Million and < $250 Million • “Small manufacturer” = > $5 Million and < $100 Million • “Smaller manufacturer” = > $100,000 and < $5 Million • “Tiny manufacturer” = < $100,000

9. Tiers of Children’s Products

10. Reporting Schedule

11. Reporting Notice Requirements • Name of the CHCC and its Chemical Abstracts Service (CAS) registry number • Product category or categories in which it occurs • Product component or components • Brief description of the chemical function, if any • Total amount of the CHCC by weight contained in each component • Equal to or more than 40 ppm (0.004%) but less than 200 ppm (0.02%) • Equal to or more than 200 ppm (0.02%) but less than 1000 ppm (0.1%) • Equal to or more than 1000 ppm (0.1%) but less than 10,000 ppm (1.0%) • Equal to or more than 10,000 ppm (1.0%) but less than 100,000 ppm (10%) • Equal to or more than 100,000 ppm (10%) • Name and address of the reporting entity (manufacturer)

12. Sample On-Line Report(https://fortress.wa.gov/ecy/cspareporting/)

13. CHCC List Updates • CHCC list will be revised no more frequently than once every two years, and no less frequently than once every five years • Department of Ecology has initiated rulemaking to add an additional (67th) chemical to the CHCC list:

14. Washington’s CSPA Enforcement • DOE may collect children’s products and analyze for CHCC’s • If found and manufacturer did not report, DOE will notify manufacturer, and manufacturer would have 45 days to take appropriate actions • Civil penalties: • Up to $5,000 for each violation in first offense • Up to $10,000 for each repeat offense • Others may test children’s products • Washington Toxics Coalition found DEP and DEHP in children’s perfumes

15. Challenges • Standard BOM does not include the chemical makeup of each material • Manufacturer cannot obtain chemical level ingredient list • Supply chain is complicated

16. Complying with the Reporting Rule • Determine the category of the products you manufacture. • Determine if you are the party responsible for reporting. • Determine when your reports are due based on the reporting schedule table (slide 10). • Where you fall in the table is based on: • Your gross sales reported on your last federal tax return. • Which tier or tiers your products fall into.

17. Options 1. Test for all 66 chemicals in all materials • Costly • Unnecessary 2. Research-based approach • Identify where chemicals may be found • Classify whether chemical is intentionally added, contaminant or not used • Perform reduced testing, as needed, to determine reporting obligation

18. Guidance Documents • American Appeal & Footwear Association (AAFA) • https://www.wewear.org/assets/1/7/AAFAWashingtonCSPAGuidance-August2012.pdf • Toy Industry Association (TIA) • www.toyassociation.org • PPAI Webinars • http://bit.ly/1bd9j2n • UL Spreadsheet Tool • Provides filtered list of chemicals • potentially present in a material • (as indicated by research)

19. Industry News • Environmental Health News issues special report on Chemicals of High Concern Found in Thousands of Children’s Products • http://www.environmentalhealthnews.org/ehs/news/2013/childrens-products

20. Important Recommendations • Understand and comply with current regulations • Monitor pending legislation • - Use your lab partner as a resource • Research based approach is recommended

21. Resources PPAI:www.ppai.org Product Safety powered by PPAI:www.ppai.org/productsafety Consumer Product Safety Commission (CPSC): www.cpsc.gov UL Consumer Products: http://www.ul.com/global/eng/pages/businesses/verificationservices/bu sinesssegments/consumerproducts/ Department of Ecology, Washington State: http://www.ecy.wa.gov/programs/swfa/cspa/index.html Questions?: AnneL@ppai.org

22. Thank you! Questions?