On 1 April 2016, the Governor of the State of Washington enacted the House Bill 2545 as Toxic-Free Kids and Families Act (The Act), to reduce exposure of toxic flame retardants in certain consumer products, which may highly impact children and firefighters.

From 1 July 2017, children’s products and residential upholstered furniture containing more than 0.1% of five flame retardants (see Table A) in any component are not allowed to sell, offer for sale or distribute in the Washington State. However, the previously owned products made by non-profit organisation, casual or isolated sales will not be affected from the ban. 

Table A: Flame retardants restricted under the Toxic-Free Kids and Families Act

The Act also requires the Department of Ecology to evaluate additional six flame retardants (see Table B) and make recommendations to the Legislature on whether to restrict their uses in consumer products. The Department of Ecology should work with the Department of Health to create a stakeholder advisory committee for each flame retardant, and all the advisory committee meetings must be open to the public.

Table B: Additional flame retardants to be considered as high priority chemicals

Children’s products include toys, cosmetics, jewelry, childcare articles, clothing and portable infant/ child safety automobile seats that are intended for use by children under 12 years old.

Residential upholstered furniture means residential seating products intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials, if the resilient cushioning materials are sold with the item of upholstered furniture and the upholstered furniture is constructed with a contiguous upholstered seat and back that may include arms.

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