Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

The department shall assist state agencies to give priority and preference to the purchase of equipment, supplies, and other products that do not contain PBDEs.[ 2007 c 65 s 9. Formerly RCW 70.76.080.]

(1) Retailers who unknowingly sell products prohibited under RCW 70A.405.020 or 70A.405.030 are not liable under this chapter.(2) In-state retailers in possession of products on the date that restrictions on the sale of the products become effective under RCW 70A.405.020 or 70A.4…

(1) Enforcement of this chapter must rely on notification and information exchange between the department and manufacturers. The department must achieve compliance with this chapter using the following enforcement sequence:(a) Before the effective date of the product prohibition …

The department may adopt rules to fully implement this chapter.[ 2007 c 65 s 12. Formerly RCW 70.76.110.]

The legislature hereby finds and declares that:(1) Phosphorus loading of surface waters can stimulate the growth of weeds and algae, and that such growth can have adverse environmental, health, and aesthetic effects;(2) Household detergents contribute to phosphorus loading, and t…

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.410.005 through 70A.410.030.(1) "Department" means the department of ecology.(2) "Dishwashing detergent" means a cleaning agent sold, used, or manufactured for the purpose of c…

(1) After July 1, 1994, a person may not sell or distribute for sale a laundry detergent that contains 0.5 percent or more phosphorus by weight.(2)(a) After July 1, 1994, and until the dates specified in this subsection, a person may not sell or distribute for sale a dishwashing …

The department is responsible for notifying major distributors and wholesalers of the statewide limit on phosphorus in detergents.[ 1993 c 118 s 4. Formerly RCW 70.95L.030.]

The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the provisions of RCW 70A.410.020.[ 2020 c 20 s 1244; 1993 c 118 s 5. Formerly RCW 70.95L.040.]

Unless the context clearly indicates otherwise, the definitions in this section shall apply throughout this chapter.(1) "Agency" means any state agency or local government entity.(2) "Hazardous household substances" means those substances identified by the department as hazardous…

There is hereby created the hazardous substance information and education office. Through this office the department shall:(1) Facilitate access to existing information on hazardous substances within a community;(2) Request and obtain information about hazardous substances at spe…

(1) The legislature finds that lead hazards associated with lead-based paint represent a significant and preventable environmental health problem. Lead-based paint is the most widespread of the various sources of lead exposure to the public. Census data show that 1,560,000 homes …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards.(a) Abatement includes, but is not limited to:(i) The remova…

(1) The department shall administer and enforce a state program for training and certification, and training program accreditation, which must include those program elements necessary to assume responsibility for federal requirements for a program as set forth in Title IV of the …

The department shall adopt rules to:(1) Establish procedures and requirements for the accreditation of lead-based paint activities and renovation activities training programs including, but not limited to, the following:(a) Training curriculum;(b) Training hours;(c) Hands-on trai…

The lead paint account is created in the state treasury. All receipts from fees collected under this chapter must be deposited into the account. All receipts from penalties and fines collected pursuant to enforcement actions or settlements under this chapter, including any fees o…

(1)(a) The director or the director's designee is authorized to inspect at reasonable times:(i) Premises or facilities where those engaged in training for lead-based paint activities and renovation activities conduct business; and(ii) The business records of, and take samples at,…

(1) The department is designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint activities program and renovation, repair, and painting program under the jurisdiction of the United States environmental protection…

(1) The United States environmental protection agency authorized the department of commerce to administer programs under 40 C.F.R. 745, subpart Q as codified under chapter 322, Laws of 2003 (lead-based paint) and chapter 158, Laws of 2010 (state lead-based paint program – renovat…

The department shall administer and enforce a state program for training and certification, and accreditation as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. …

The purpose of this chapter is to provide for special packaging to protect children from personal injury, serious illness or death resulting from handling, using or ingesting household substances, and to provide penalties.[ 1974 ex.s. c 49 s 1. Formerly RCW 70.106.010.]

This chapter shall be cited as the Washington Poison Prevention Act of 1974.[ 1974 ex.s. c 49 s 2. Formerly RCW 70.106.020.]

The definitions in RCW 70A.425.040 through 70A.425.090 unless the context otherwise requires shall govern the construction of this chapter.[ 2020 c 20 s 1322; 1974 ex.s. c 49 s 3. Formerly RCW 70.106.030.]

"Director" means the director of the department of agriculture of the state of Washington, or his or her duly authorized representative.[ 2012 c 117 s 418; 1974 ex.s. c 49 s 4. Formerly RCW 70.106.040.]

"Sale" means to sell, offer for sale, hold for sale, handle or use as an inducement in the promotion of a household substance or the sale of another article or product.[ 1974 ex.s. c 49 s 5. Formerly RCW 70.106.050.]

"Household substance" means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is:(1) A "hazardous substance", which means (a) any substance or mixture of substances…

"Package" means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of RCW 70A.425.110(1)(b), also means any outer container or wrapping used in the retail d…

"Special packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to us…

"Labeling" means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying such substance.[ 1974 ex.s. c 49 s 9. Formerly RCW 70.106.090.]

(1) The director may establish in accordance with the provisions of this chapter, by regulation, standards for the special packaging of any household substance if he or she finds that:(a) The degree or nature of the hazard to children in the availability of such substance, by rea…

(1) For the purpose of making any household substance which is subject to a standard established under RCW 70A.425.100 readily available to elderly persons or persons with disabilities unable to use such substance when packaged in compliance with such standard, the manufacturer o…

One of the purposes of this chapter is to promote uniformity with the Poison Prevention Packaging Act of 1970 and rules and regulations adopted thereunder. In accordance with such declared purpose, all of the special packaging rules and regulations adopted under the Poison Preven…

(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted under this chapter is guilty of a misdemeanor.(2) A second or subsequent violation of the provisions of this chapter or rules adopted under this chapter …

The authority to promulgate regulations for the efficient enforcement of this chapter is hereby vested in the director. However, the director shall designate the pharmacy quality assurance commission to carry out all the provisions of this chapter pertaining to drugs and cosmetic…

The enactment of this 1974 act shall not have the effect of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on July 24, 1974.[ 1974 ex.s. c 49 s 15. Formerly RCW 70.106.905.]

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.[ 1974 ex.s. c 49 s 17. Formerly RCW 70.106.910.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Additive TBBPA" means the chemical tetrabromobisphenol A, chemical abstracts service number 79-94-7, as of June 9, 2016, in a form that has not undergone a reactive pr…

(1) Beginning July 1, 2009, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state a children's product or product component containing the following:(a) Except as provided in subsection (…

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 70A.405.010, containing any of th…

(1) By January 1, 2009, the department, in consultation with the department of health, shall identify high priority chemicals that are of high concern for children after considering a child's or developing fetus's potential for exposure to each chemical. In identifying the chemic…

(1) The department shall consider whether the following flame retardants meet the criteria of a chemical of high concern for children:(a) IPTPP;(b) TBB;(c) TBPH;(d) TCPP;(e) TPP;(f) V6.(2)(a) Within one year of the department adopting a rule that identifies a flame retardant in s…

A manufacturer of a children's product or a consumer product containing a priority chemical subject to a rule adopted to implement a determination made consistent with RCW 70A.350.040(1)(b), or a trade organization on behalf of its member manufacturers, shall provide notice to th…

(1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than 90 days prior to the effective date of the restrictions.(2) A manufacturer that produces…

The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.[ 2008 c 288 s 9. Formerly RCW 70.240.060.]

The legislature finds that:(1) Environmental health hazards associated with lead wheel weights are a preventable problem. People are exposed to lead fragments and dust when lead wheel weights fall from motor vehicles onto Washington roadways and are then abraded and pulverized by…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of ecology.(2) "Environmentally preferred wheel weight" means any wheel weight used for balancing motor vehicle wheels that do not inc…

(1) On and after January 1, 2011, a person who replaces or balances motor vehicle tires must replace lead wheel weights with environmentally preferred wheel weights on all vehicles when they replace or balance tires in Washington. However, the person may use alternatives to lead …

(1) The department shall achieve compliance with RCW 70A.435.030 through the enforcement sequence specified in this section.(2) To provide assistance in identifying environmentally preferred wheel weights, the department shall, by October 1, 2010, prepare and distribute informati…

(1) An initial violation of RCW 70A.435.030(1) is punishable by a civil penalty not to exceed five hundred dollars. Subsequent violations of RCW 70A.435.030(1) are punishable by civil penalties not to exceed one thousand dollars for each violation.(2) Penalties collected under th…

The department may adopt rules to fully implement this chapter.[ 2009 c 243 s 6. Formerly RCW 70.270.060.]