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Switzerland : US Washington State Proposes Changes to the CHCC Reporting Rule and List.

Washington State has recently proposed changes to the CHCC list by adding 35 new chemicals and removing 10 existing chemicals. Comments from the public about the rule and list change are being solicited until November 5.

In 2008 the US state of Washington enacted the Childrens Safe Products Act (CSPA). As part of that law, Washington State created a list of 66 substances called the Chemicals of High Concern to Children (CHCC) and required manufacturers to report if certain classes of childrens products contained any of the chemicals as intentionally added ingredients. The law also required manufacturers to report if the product contained any of the chemicals as a contaminant at levels over 100ppm.

In the years since then, Washington State has promulgated rules and published guidance documents to clarify the responsibilities of retailers and manufacturers and clarify the reporting process. On October 5, 2016, Washington State Department of Ecology (DOE) proposed an amendment to the reporting rules, 4 and opened a 30-day comment period until November 5, 2016 to accept public comments about the proposed rule. Public hearings will also be held by the Department to discuss the proposed rule and list updates on October 25, 2016.

Changes to the reporting rule include:

Removing the staged starting time and tier system for reporting. Now all childrens products are covered by the requirement and all sizes of business must report. The phase in schedule is nearly complete and this change removes a portion of the rules that will shortly have no relevance to enforcement of the law.

The reporting date is changed to January 1, starting in 2018. On that date reports are due for products sold in Washington in all of calendar 2017.

The proposed language states plainly that the internal components of a childrens product do not need to be reported.

The proposed language changes the title and much of the text of section 173-334-100 so that the due date and period covered by each report is communicated more clearly.

Adding new definitions of De minimis level and Internal Component

Changing the language of the rule to refer to the online reporting database that is used for reporting

Minor grammatical changes to the rule and chemical list.

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Publication:Mena Report
Date:Oct 19, 2016
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