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Washington State Bans PFAS and Other Chemicals in Designated Products

The Washington Department of Ecology adopted sweeping rules that will prohibit the use of chemicals such as per- and polyfluoroalkyl substances (PFAS) and alkylphenol ethoxylates in designated consumer and commercial products as well as establish reporting requirements for manufacturers and distributors. The new rules, published on May 31, 2023, are the culmination of over four years of work through the “Safer Products for Washington” program that started in 2019, when the state legislature passed a law giving authority to the Department of Ecology to identify and regulate toxic chemicals found in common consumer and commercial products.

The new rule prohibits the manufacture, sale and distribution of numerous consumer and commercial products that contain designated chemicals. The following summarizes those prohibitions that are most relevant for the cleaning industry. Specifically, the Washington State rule prohibits the manufacture, sale, and distribution of:

1. Aftermarket stain- and water-resistant treatments for application to textiles and leather with intentionally added PFAS (effective Jan. 1, 2025)
2. Laundry detergents that contain more than 1,000 ppm of any alkylphenol ethoxylates including nonylphenol ethoxylates (NPE) (effective Jan. 1, 2025)
3. Fragrances used in personal care products that contains an intentionally added ortho-phthalate used as a solvent or fixative for fragrance ingredients (effective Jan. 1, 2025)
4. Electric or electronic products with plastic external enclosures intended for indoor use that contain intentionally added organohalogen flame retardants (effective date varies depending on the type of product and other variables).

In addition to the aforementioned product prohibitions, the new Washington rule establishes reporting requirements for manufacturers and distributors of aftermarket stain- and water-resistant treatments for application to textiles and leather, and for electric or electronic products with plastic external enclosures intended for indoor use. These reporting requirements become effective Jan. 1, 2024 with the initial report due Jan. 31, 2025 and annually thereafter. There are no reporting requirements for laundry detergents or fragrances as described above.

The complete text of the Washington rule on Safer Products Restrictions and Reporting can be found here. Additional information on the rule is located here.