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New Washington State Restrictions on Flame Retardants Begin July 1, 2017

Monday, March 6, 2017   (0 Comments)
Posted by: Kyle Schaller

The State of Washington will restrict 5 flame-retardants beginning this July. We understand that many JPMA Members do not intentionally add these substances, but we are providing the information as a reminder of upcoming regulations.


Below is the language from the Children’s Safe Products Act Revised Code of Washington 70.240.025


Beginning July 1, 2017, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state children's products or residential upholstered furniture, as defined in RCW 70.76.010, containing any of the following flame retardants in amounts greater than one thousand parts per million in any product component:

1.       TDCPP; tris(1,3-dichloro-2- propyl)phosphate; chemical abstracts service (CAS) number 13674-87-8

2.       TCEP; tris(2-chloroethyl)phosphate); CAS 115-96-8

3.       Decabromodiphenyl ether; CAS 1163-19-5

4.       HBCD; hexabromocyclododecane, CAS 25637-99-4,

5.       Additive TBBPA; tetrabromobisphenol A, CAS 79-94-7


What is restricted?

The use of the following five flame retardant chemicals are restricted in children’s products and residential upholstered furniture at concentrations above 1,000 parts per million (ppm)

Restricted Flame Retardant


CAS number


Tris(1,3-dichloro-2- propyl)phosphate



1,000 ppm




1,000 ppm

Decabromodiphenyl ether



1,000 ppm




1,000 ppm

Additive Tetrabromobisphenol A



1,000 ppm


When does the restriction take effect?

July 1, 2017


Can I sell existing stock?

No, the law does not allow for the sale of products after July 1, 2017 containing these flame retardants. This applies to products delivered to a Washington store prior to July 2017.


Who has to comply?

Manufacturers, wholesalers, retailers, importers or domestic distributors of residential upholstered furniture or children's products.


Manufacturer includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces residential upholstered furniture or children's products.

When do I have to do something?

Manufacturers of these restricted products are required to notify affiliated retailers or sellers of these restrictions by April 1, 2017.

What happens if a product sold in July 2017 contains one of these flame retardants above 1,000 ppm?

The manufacturer must recall the product and reimburse the retailer or any other purchaser for the product.


For questions about the Children’s Safe Products Act and Washington’s reporting requirements, contact:

Tina Schaefer

Washington Department of Ecology

PO BOX 47600

Olympia, WA 98504-7600

Phone: (360) 407-6786



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