(1) Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, shall identify priority consumer products that are a significant source of or use of priority chemicals. The department must submit a report to the appropriate committees of the legislature at the time that it identifies a priority consumer product.
(2) When identifying priority consumer products under this section, the department must consider, at a minimum, the following criteria:
(a) The estimated volume of a priority chemical or priority chemicals added to, used in, or present in the consumer product;
(b) The estimated volume or number of units of the consumer product sold or present in the state;
(c) The potential for exposure to priority chemicals by sensitive populations or sensitive species when the consumer product is used, disposed of, or has decomposed;
(d) The potential for priority chemicals to be found in the outdoor environment, with priority given to surface water, groundwater, marine waters, sediments, and other ecologically sensitive areas, when the consumer product is used, disposed of, or has decomposed;
(e) If another state or nation has identified or taken regulatory action to restrict or otherwise regulate the priority chemical in the consumer product;
(f) The availability and feasibility of safer alternatives; and
(g) Whether the department has already identified the consumer product in a chemical action plan completed under chapter 70A.300 RCW as a source of a priority chemical or other reports or information gathered under chapter 70A.430, 70A.405, 70A.222, 70A.335, 70A.340, 70A.230, or 70A.400 RCW.
(3) The department is not required to give equal weight to each of the criteria in subsection (2)(a) through (g) of this section when identifying priority consumer products that use or are a significant source of priority chemicals.
(4) To assist with identifying priority consumer products under this section and making determinations as authorized under RCW 70A.350.040, the department may request a manufacturer to submit a notice to the department that contains the information specified in RCW 70A.430.060 (1) through (6) or other information relevant to subsection (2)(a) through (d) of this section. The manufacturer must provide the notice to the department no later than six months after receipt of such a demand by the department.
(5)(a) Except as provided in (b) of this subsection, the department may not identify the following as priority consumer products under this section:
(i) Plastic shipping pallets manufactured prior to 2012;
(ii) Food or beverages;
(iii) Tobacco products;
(iv) Drug or biological products regulated by the United States food and drug administration;
(v) Finished products certified or regulated by the federal aviation administration or the department of defense, or both, when used in a manner that was certified or regulated by such agencies, including parts, materials, and processes when used to manufacture or maintain such regulated or certified finished products;
(vi) Motorized vehicles, including on and off-highway vehicles, such as all-terrain vehicles, motorcycles, side-by-side vehicles, farm equipment, and personal assistive mobility devices; and
(vii) Chemical products used to produce an agricultural commodity, as defined in RCW 17.21.020.
(b) The department may identify the packaging of products listed in (a) of this subsection as priority consumer products.
(6) For an electronic product identified by the department as a priority consumer product under this section, the department may not make a regulatory determination under RCW 70A.350.040 to restrict or require the disclosure of a priority chemical in an inaccessible electronic component of the electronic product.
[ 2020 c 20 § 1453; 2019 c 292 § 3. Formerly RCW 70.365.030.]