NCSL Policy Update | State Statutes on Chemical Safety

1/5/2017

The Toxic Substances Control Act

Chemicals graphic.The Toxic Substances Control Act (TSCA) (15 U.S.C. §§2601 to 2697) directs the federal response to chemical safety. Congress recently amended TSCA with the enactment of the Lautenberg Chemical Safety Act for the 21st Century Act (H.R. 2576 (2016)), which strengthens EPA’s ability to regulate chemicals.

Several states have adopted their own chemical safety laws designed to establish broad and permanent frameworks to systematically prioritize chemicals of concern, close data gaps on those chemicals and restrict their uses in those states.

Laws regulating bisphenol A, cadmium, chemicals in flame retardants, green chemistry, and chemical safety have been enacted in 32 states. Statutes in the states of California, Maine, Minnesota, Oregon and Washington authorize these states to develop comprehensive chemical regulatory programs.

State Regulation of Bisphenol A in Consumer Products

Concerns about potentially negative health effects from exposure to bisphenol A in many consumer products have led to responses by state legislatures. Known as BPA for short, bisphenol A serves as a hardening agent in a number of plastic products. It is used in baby bottles, sippy cups, and medical and dental devices and as coatings for food and beverage cans. New research has linked BPA exposure to accelerated puberty and an increased risk for cancer, heart disease and diabetes.

The U.S. Food and Drug Administration, which has primary responsibility for regulating the compound, has expressed "some concern about the potential effects of BPA on the brain, behavior and prostate gland of fetuses, infants and children." In July 2012, the agency announced that it would no longer allow BPA in baby bottles and children’s drinking cups. The agency has not restricted its use in other consumer products.

In recent years, several state legislatures have taken up the issue. Thirteen states and the District of Columbia have enacted restrictions since 2009.

States With BPA Restrictions

State Regulation of Flame Retardants in Consumer Products

Polybrominated diphenylethers (PBDEs) are used widely as flame retardants in a number of consumer products, including mattresses, furniture foam, consumer electronics, wire insulation, draperies and upholstery. There is concern, however, about the potential environmental and human health effects of PBDEs. Studies have shown that PBDEs accumulate in the environment and living organisms. These compounds also have been associated with liver toxicity, thyroid toxicity, and neurodevelopmental toxicity in humans.

State legislative activity has focused on three types of PBDEs: 

  • pentaBDE
  • octaBDE 
  • decaBDE 

Twelve states and the District of Columbia regulate pentaBDE and octaBDE in certain consumer products. Of these, eight states and the District of Columbia also have laws regulating decaBDEs or have authorized studies into its environmental or human health effects. Illinois, Indiana, Minnesota, New York and Rhode Island require manufacturers of certain electronic products to notify the state if their products exceed the European Union’s maximum concentration values for PBDEs. Minnesota also requires that PBDE-free equipment, supplies and products be made available for purchase and use by state agencies. 

States with Statutes on Flame Retardents

  • California
  • Hawaii
  • Illinois
  • Indiana
  • Maine
  • Maryland
  • Michigan
  • Minnesota
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington

Cadmium in Children’s Consumer Products

Cadmium is a toxic metal that recently has been detected in some children’s consumer products, including in children’s jewelry, clothing accessories, and in paints and surface coatings on toys. Cadmium exposure has been associated with delayed brain development, kidney and bone damage, and cancer. Children are at particular risk because of common development behaviors of biting, chewing or sucking on toys and other products. Six states have laws limiting the use of cadmium on children’s products—California, Connecticut, Illinois, Maryland, Minnesota and Washington.

Federal Action

The passage of the Consumer Product Safety Improvement Act of 2008 requires that manufacturers of children’s toys follow industry guidelines that limit cadmium on toys that are intended for the use of children under 14 years of age. It also pre-empts any state law following a different standard or approach (however, the law followed Connecticut’s standard, which was the most stringent.) The federal cadmium standard limits the soluble amount of cadmium in paints and surface materials to 75 parts per million. There are also voluntary industry standards that set limits for cadmium in children’s jewelry, but these are not mandatory under federal law. In October 2012, the Consumer Product Safety Commission, which has primary regulatory authority of use of the heavy metal in products, decided to terminate a petition to further regulate cadmium in children’s products.

States With Restrictions on Cadmium in Children’s Consumer Products

  • California
  • Connecticut
  • Illinois
  • Maryland
  • Minnesota
  • Washington

States With Statutes Related to Green Chemistry

Several states have laws addressing “green chemistry,” which promotes the use of less toxic chemicals. These laws may or may not be subject to the revised TSCA law, depending on how EPA addresses green chemistry compounds and interpretation of state and federal law.

The California law authorizes the state’s Department of Toxic Substances Control to identify chemicals of concerns and safer alternatives. Connecticut establishes a Chemical Innovation Institute within the University of Connecticut’s Health Center. Maryland and New York promote the use of safer chemicals for school cleaning and maintenance. Minnesota’s law promotes the use of green chemistry. Michigan requires the Department of Environmental Quality to promote sustainable economic development through green chemistry. Oregon requires their Department of Environmental Quality to improve the development and use of safer alternatives to toxic chemicals.

States With Policies on Green Chemistry

  • California
  • Connecticut
  • Maryland
  • Michigan
  • Minnesota
  • New York
  • Oregon

The box allows you to conduct a full text search ortype the state name.

States with Chemical Safety Statutes and Policies

State

 

Citation

Summary

Alabama

Restrictions on retail sale of certain poisons

Ala. Code § 22-20-11 (2016).

Limits the sale and use of schedule A and schedule B chemicals. Defines schedule A and schedule B chemicals.

Alabama

 

Ala. Code § 8-17-20 (2016) et seq.

Sets regulations for selling and labeling of specific caustic or corrosive chemicals.  Lists the chemicals to be regulated.

Alaska

 

Alaska Stat. Ann. § 46.03.715

Restricts the sale and use of TBT-based antifouling paint.  Defines TBT- based antifouling paint as a paint, coating, or treatment that contains tributyltin, or a triorganotin compound used as a substitute for tributyltin.

Arizona

 

Ariz. Rev. Stat. Ann. § 36-1101 (2016) et seq.

Sets regulations for selling and labeling of specific caustic or corrosive chemicals.  Lists the chemicals to be regulated.

California

 

Cal. Health & Safety Code §§ 25252, 25252.5, 25253, 25254, 25255, 25257

Establishes authority for the Department of Toxic Substances Control (DTSC) to develop regulations that create a process for identifying and prioritizing chemicals of concern and to create methods for analyzing alternatives to existing hazardous chemicals. Allows DTSC to take certain actions following an assessment that range from "no action" to "restrictions or bans." Establishes a Green Ribbon Science Panel made up of experts to provide advice on scientific matters, chemical policy recommendations and implementation strategies, as well as ensuring implementation efforts are based on a strong scientific foundation. Expands the role of the Environmental Policy Council, made up of the heads of all California Environmental Protection Agency boards and departments, to oversee critical activities related to the implementation of the green chemistry program.

California

 

Cal. Health & Safety Code §§ 108100-108515 (2008)

Permits the Department of Health Services to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article. Prohibits the distribution of any art or craft material containing toxic substances causing chronic illness without the appropriate label.

Colorado

Hazardous Substances Act of 1973

Colo. Rev. Stat. §§ 25-5-501 through 25-5-512 (2015).

Permits the Department of Public Health and Environment to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Permits the Department to ban the sale of a hazardous substance. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article.

Connecticut

An Act Concerning Child Product Safety

Conn. Gen. Stat. §§ 21a-335 through 21a-376 (2016).

Requires the Commissioners of Public Health and Environmental Protection to compile a list of toxic substances and the recommended maximum amount of such toxic substances that may exist in children's products. Requires the Commissioner of Consumer Protection to compile a list of safer alternatives to using said toxic substances. Requires certain consumer products determined by the Commissioner of Consumer Protection that bear lead-containing paint or that have lead in any part of the product and that a child may reasonably or foreseeably come into contact with, to carry a warning label. Permits the Commissioner of Consumer Protection to adopt a stricter standard than one hundred parts per million total lead content by weight for any part of a children's product if the Administrator determines that a stricter standard is feasible. Permits the Commissioner of Environmental Protection to participate in an interstate clearinghouse to (1) prioritize chemicals existing in commercial goods; (2) organize and manage available data on chemicals; (3) produce and inventory information on safer alternatives for specific uses of chemicals and model policies and programs related to such alternatives; and (4) provide technical assistance to businesses and consumers relating to safer chemicals.

Connecticut

State Child Protection Act

 

Permits the Commissioner of Consumer Protection, by regulation, to declare any substance or mixture of substances that meet the statutory requirements to be hazardous substances. Permits the Commissioner of Consumer Protection to promulgate regulations establishing safety requirements, safety standards, banned hazardous substances, labeling requirements, and testing procedures for articles intended for use by children. If the Commissioner of Consumer Products finds that labeling is inadequate to protect the public health and safety or the article presents an imminent danger to the public health and safety, he may by regulation declare such article to be a banned hazardous substance and require its removal from commerce.

Delaware

 

Del.Code. Ann. tit. 16 § 2301 (2016) et seq.

Sets regulations for selling and labeling of specific caustic or corrosive chemicals.  Lists the chemicals to be regulated.

Florida

 

Fla. Stat. Ann. §§ 403.7191, 403.72

Grants the Florida Department of Environmental Protection the power to regulate the handling of hazardous waste.  Grants the DEP the power to regulate the storage and disposal of solid waste.  Grants the DEP the power to regulate the heavy metals used in packaging.  Lists the specific heavy metals that are regulated.

Florida

 

Fla. Stat. Ann. § 499.601 (2016)

Permits for the regulation of ether.

Georgia

Childhood Lead Exposure Control Act

Ga. Code Ann. § 31-41-10 et seq.

 

Georgia

Georgia Lead Poisoning Prevention Act of 1994

Ga. Code Ann. § 31-41-1 et seq.

 

Illinois

Uniform Hazardous Substances Act of Illinois

430 Ill. Comp. Stat. Ann. 35/1-35/16a (2008).

Permits the Department of Public Health to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Permits the Department to ban the sale of a hazardous substance. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article.

Indiana

Sales of Consumer and Other Products

Ind. Code Ann. §§ 16-41-39.4-7 (2008).

Prohibits the sale or distribution of a consumer product, surface coating material, food product or food packaging that is a banned hazardous substance under the Federal Hazardous Substances Act or has a specified lead content. Permits the state Department to require labeling of an item or signage to reflect that the item contains lead.

Louisiana

Louisiana Mercury Risk Reduction Act

La. Rev. Stat. Ann. § 30:2571 (2016) et seq.

Establishes a system to reduce the mercury in the environment by encouraging management programs and establishing non-mercury alternatives.

Maine

Protect Children's Health and the Environment from Toxic Chemicals in Toys and Children's Products

Me. Rev. Stat. Ann. tit. 38, §§ 1691-1699-B (2008).

Requires the Department of Environmental Protection to publish a list of chemicals of high concern. Permits the Commissioner of Environmental Protection to designate a chemical of high concern as a priority chemical if the chemical meets certain criteria. Requires the Commissioner to designate at least two priority chemicals by January 2011. Requires a manufacturer or distributor of a children's product for sale in Maine that contains a priority chemical to notify the Department of the identity of the children's product, the number of units sold or distributed for sale in the State or nationally, the priority chemical or chemicals contained in the children's product, the amount of such chemicals in each unit of children's product, and the intended purpose of the chemicals in the children's product. Permits the Department to request additional information from the manufacturer or distributor including: information on the likelihood that the chemical will be released from the children's product; information on the extent to which the chemical is present in the environment or human body; and an assessment of the availability, cost, feasibility, and performance of alternatives to the priority chemical and the reason the priority chemical is used in the manufacture of the children's product in lieu of identified alternatives. Permits the Board of Environmental Protection to adopt rules prohibiting the manufacture, sale, or distribution in Maine of a children's product containing a priority chemical if the Board finds that distribution of the children's product directly or indirectly exposes children and vulnerable populations to the priority chemical and one or more safer alternatives to the priority chemical are available at a comparable cost. Authorizes the Department to participate in an interstate clearinghouse to promote safer chemicals in consumer products in cooperation with other states and governmental entities. Requires the Department to develop a program to educate and assist consumers and retailers in identifying children's products that may contain priority chemicals.

Maine

Toxic Use and Hazardous Waste Reduction

Me. Rev. Stat. Ann. tit. 38, § 1609 (2016).

Encourages an integrated approach to toxics use reduction, toxics release reduction, and hazardous waste reduction. Requires owners and operators of certain facilities to prepare pollution prevention plans and biennial progress reports. Requires plans to include: a statement of facility-wide management policy regarding toxics use, toxics release, and hazardous waste reduction; specific information for each production unit; goals for reducing the aggregate amount of toxic substances released and the aggregate amount of hazardous waste generated; and an employee awareness and training program. Requires progress reports to include: the goals established in the plan; a statement of the facility's progress toward achieving goals; a description of the techniques used to achieve identified reductions; a description of employee notification and involvement in the planning process; and a description of the pollution prevention techniques the owner or operator intends to undertake in the future. Establishes the Toxics Use, Toxics Release and Hazardous Waste Reduction Program to assist toxics users, toxics releasers, and hazardous waste generators to eliminate or reduce the amounts, toxicity, and adverse environmental and public health effects of toxics use, toxics released and hazardous wastes generated.

Maine

Safer Chemicals in Consumer Products and Services

M.R.S.A. tit. 38, §§ 2301-2313 (2008).

Requires the Department of Environmental Protection to incorporate readily available information on source reduction and safer alternatives to hazardous chemicals in consumer products into their public education efforts. Requires the Department to continue to virtually eliminate mercury from human caused sources, assess lead-free alternatives to the current use of lead in consumer products, and review emerging information related to the availability of alternatives to brominated flame retardants. Requires executive branch agencies to avoid products and services that contain, use, or release chemicals that are PBTs or carcinogens whenever safer alternatives are available, effective, and affordable. Creates the Governor's Task Force to Promote Safer Chemicals. Requires the Task Force to identify and promote the use and development of safer alternatives to hazardous chemicals in consumer goods and services made, provided, or sold in Maine.

Maryland

Hazardous Materials

Md. Code Ann., Health-Gen § 24-306 (2013)

Md. Code Ann., Education §§ 5-112 (2016).

Permits the Secretary of the Department of Health and Mental Hygiene to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires the labeling of hazardous substances. Permits the Secretary to ban the sale of a hazardous substance. Permits the Secretary to summarily ban the sale or distribution of any hazardous substance or article.

Massachusetts

Hazardous Substances Labeling Act

Mass. Gen. Laws, ch. 94B, §§ 1-10 (2008).

Prohibits any person from selling, delivering, giving away, or introducing into commerce any misbranded hazardous substance or banned hazardous substance. Permits the Commissioner of Public Health to declare any substance or mixture of substances, which meet certain requirements, to be a hazardous substance. Under this authority, the Commissioner has declared by regulation formaldehyde, urea-formaldehyde foamed in-place insulation, children's leaded jewelry (pre-empted), and baby bottles and sippy cups containing bisphenol A to be hazardous substances. The Commissioner has declared urea-formaldehyde foamed in-place insulation, children's leaded jewelry (pre-empted), and baby bottles and sippy cups containing bisphenol A to be banned hazardous substances. Requires urea-formaldehyde foamed in-place insulation, children's leaded jewelry (pre-empted), and baby bottles and sippy cups containing bisphenol A to be removed from commerce. (105 CMR 650).

Michigan

Hazardous Substances Act

 

Permits the Department of Agriculture to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Permits the Department to ban the sale of a hazardous substance. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article.

Minnesota

Toxic Free Kids Act

Minn. Stat. §§ 116.9401-116.9407 (2009).

Requires the Department of Health, in consultation with the Pollution Control Agency, to generate a list of chemicals of high concern. Permits the Department, in consultation with the Agency, to designate a chemical of high concern as a priority chemical if it has been identified as a high-production volume chemical and has been found to be present in any human bodily tissues or fluids, the home environment or the natural environment. Permits participation in an interstate chemicals clearinghouse. Requires the Agency to report with recommendations on: addressing priority chemicals in children's products, moving to safer alternatives, and incentives for product design that uses green chemistry.

Missouri

 

Mo. Rev. Stat. § 701.300 (2016) et seq.

Sets standards for the regulation of lead.  Requires any dwelling or child occupied facility to producea notification of the lead hazard.

Montana

Montana Consumer Product Safety Act of 1975

Mont. Code Ann. §§ 50-30-101 through 50-30-307 (2016).

Permits the Department of Public Health and Human Services to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires the labeling of hazardous substances. Permits the Department to ban the sale of a hazardous substance. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article.

Nebraska

Residential Lead-Based Paint Professions Practice Act

Neb. Rev. Stat. §§ 71-6319.11, 71-6319.18 (2016)

Defines the areas to be regulated.  Defines the levels of lead in the blood that are considered to be elevated.

Nevada

 

Nev. Rev. Stat. § 454.010

Defines the chemicals that will be labeled and regulated as poisons.

New Hampshire

Labeling of Hazardous Substances

N.H. Rev. Stat. Ann. §§ 339A:1-339A:11 (2008).

Permits the Department of Health and Human Services to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Prohibits the manufacture or sale of any misbranded hazardous substance. Prohibits the manufacture or sale of urea-formaldehyde foam insulation or a new home or new manufactured housing containing urea-formaldehyde foam insulation. Prohibits the sale of any particle board or fiber board or housing unit or manufactured housing constructed of particle board, fiber board, or any similar construction material, containing urea-formaldehyde resin without a written cautionary statement to the purchaser.

New York

 

N.Y. Public Helath Law § 1370 (McKinney 2016) et seq.

Establishes the levels of lead that may be used in paint for homes, children's toys, and furniture.

North Carolina

 

N.C. Gen. Stat. § 130A-309.10 (2016)

Regulates the sale and disposal of any substance containing chlorofluorocarbons.

North Dakota

Hazardous Substances Labeling Act

N.D. Cent. Code § 19-21-01 (2016) et seq.

Prohibits the sale of any misbranded hazardous substance or banned hazardous substance. Requires the labeling of hazardous substances.

Ohio

Labeling of Hazardous Substances

Ohio Rev. Code Ann. §§ 3716.01-3716.99 (2008).

Permits the Department of Health to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Prohibits the sale of any misbranded package of a hazardous substance.

Oklahoma

 

Okla. Stat. tit. 63, § 1-114.1

Establishes a comprehensive childhood lead poisoning prevention program.

Oregon

Elimination of Persistent, Bioaccumulative, and Toxic Pollutants

Exec. Order No. 99-13 (Sept. 24, 1999).

Directs the Department of Environmental Quality to lead a state-wide effort to eliminate the releases of PBTs into the environment. Establishes initial goals, including: outlining a range of approaches that might be undertaken in Oregon to identify, track, and eliminate the release of PBTs into the environment by the year 2020; evaluating state, national, and international efforts to eliminate PBTs; using available information to identify which PBTs are generated in Oregon, determine what activities generate PBTs, estimate the amounts being generated, and identify missing data; and identifying ways to utilize education, technical assistance, pollution prevention, economic incentives, government procurement policies, compliance, and permitting activities to eliminate PBT releases.

Oregon

Hazardous Substances

Or. Rev. Stat. §§ 453.001-453.185 (2016).

Permits the Department of Human Services to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Lists pentaBDE and octaBDE as hazardous substances (see also Oregon S.B. 962). Requires the Director of the Department to adopt standards for the labeling of hazardous substances. Permits the Department to ban the sale of a hazardous substance. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article.

Oregon

Relating to Water Quality; Appropriating Money; Limiting Expenditures; and Declaring an Emergency.

S.B. 737, 74th Leg. Assemb., Reg. Sess. (Or. 2007).

Requires the Department of Environmental Quality to conduct a study of persistent pollutants discharged in the State of Oregon and report the results of that study to the Legislature. Requires the Department's report to include: a priority listing of persistent pollutants that pose a threat to the waters of the state, identification of individual point, nonpoint and legacy sources of priority listed persistent pollutants, and an evaluation and assessment of source reduction and technological control measures that can reduce the discharge of persistent pollutants. Requires each permittee to submit a plan for reducing the permittee's discharges of persistent pollutants listed on the priority listing.

Pennsylvania

Safe Packaging Act

35 Pa. Cons. Stat. § 6024.101 (2016) et seq.

Regulates the use of packaging containing lead, cadmium, mercury, or hexavalent chromium.

Rhode Island

Toxic Packaging Reduction Act

R.I. Gen. Laws Ann. § 23-18.13-1 (2016) et seq.

Regulates the use of packaging containing lead, cadmium, mercury, or hexavalent chromium.

South Carolina

Hazardous Substances Act

S.C. Code Ann. §§ 23-39-10 through 23-39-120 (2008).

Permits Department of Agriculture to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Permits the Department to ban the sale of a hazardous substance. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article.

Tennessee

Hazardous Substances Act

Tenn. Code Ann. §§ 68-131-101 through 68-131-113 (2008).

Permits the Department of Agriculture to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Permits the Department to ban the sale of a hazardous substance. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article.

Texas

Hazardous Substances Act

Tex. Health & Safety Code Ann. §§ 501.001-501.113 (2008).

Permits the Board of Health to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires labeling of hazardous substances. Permits the Board to ban the sale of a hazardous substance. Permits the Board to summarily ban the sale or distribution of any hazardous substance or article.

Vermont

Prohibiting Certain Flame Retardants

9 V.S.A. 80 §2971 et seq.

Prohibits the manufacture, distribution, or sale of plastic shipping pallets that contain the brominated flame retardant decaBDE. Prohibits the manufacture, distribution, or knowing sale of children’s products and residential upholstered furniture that contain the chlorinated flame retardants TCEP or TDCPP. The act prohibits the replacement of the flame retardants covered under the act with other harmful chemicals.

Washington

Development of Chemical Action Plans

WAC 173-333 et seq.

Appropriates funds for rulemaking and the development of chemical action plans for persistent bioaccumulative toxins. More specifically, appropriates funds for the development of a chemical action plan for PBDEs and mercury; for rulemaking to develop specific criteria by which chemicals may be included on a persistent bioaccumulative toxins list, develop a specific list of persistent bioaccumulative toxins, and establish criteria for selecting chemicals for chemical action plans; for the development of a memorandum of understanding with the Washington state hospital association and the auto recyclers of Washington to ensure the safe removal and disposal of products containing mercury; and for ongoing fluorescent lamp recycling.

Washington

Children's Safe Products Act

70 R.C.W. 280

Contains limits on lead, cadmium, or phthalates in children's products (preempted by the Federal Consumer Product Safety Improvement Act). Requires the Department of Ecology, in consultation with the Department of Health, to identify high priority chemicals that are of high concern for children after considering a child's or developing fetus's potential of exposure to each chemical. Requires the Department to identify children's products or product categories that may contain chemicals of high concern. Requires the Department to submit a report on the chemicals of high concern to the legislature, which includes policy options for addressing children's products that contain chemicals of high concern for children. Requires a manufacturer to provide notice to the Department if the manufacturer's product contains a high priority chemical. Authorizes the Secretary to establish and maintain a product safety education campaign to promote greater awareness of children's products that contain chemicals of high concern. Requires manufacturers of products that are restricted to notify persons that sell the manufacturer's products and to recall the product. Requires the Department to develop and publish a web site that provides consumers with information on the chemicals used in children's products, the reason the chemical has been identified as a high priority chemical, and any safer alternatives to the chemical.

Washington

Relating to the Use of Bisphenol A

70 R.C.W. 240.010-.060

Prohibits the manufacture, sale, or distribution of any empty bottle, cup, or other container, except a metal can, that contains bisphenol A if that container is designed or intended to be filled with any liquid, food, or beverage primarily for use by children three years of age or younger.

Washington

Persistent Toxic Chemicals

Exec. Order No. 04-01 (Jan. 28, 2004).

Requires the Department of Ecology, in consultation with the Department of Health, to
develop a chemical action plan that identifies actions the state may take to reduce threats posed by persistent, toxic chemicals found in flame retardants, known as polybrominated diphenyl ether (PBDEs). Requires the Department of Ecology to implement the mercury chemical action plan. Requires The Department of General Administration's Office of State Procurement to make available for purchase and use by all state agencies equipment, supplies, and other products that do not contain persistent, toxic chemicals unless there is no feasible alternative.

West Virginia

 

W. Va. Code § 18-9E-3 (2016)

Requires testing for radon in public schools.

Wisconsin

Hazardous Substances Act

Wis. Stat. § 100.37 (2008).

Permits the Department of Agriculture, Trade and Consumer Protection to declare any substance or mixture of substances that meets certain requirements to be a hazardous substance. Requires cautionary labeling of hazardous substances. Permits the Department to prohibit the sale of a hazardous substance. Permits the Department to summarily ban the sale or distribution of any hazardous substance or article. Prohibits the sale or distribution of certain hazardous substances, including: propyl nitrate; isopropyl nitrate; nitrous acid esters of all alcohols having the formula of 5 carbon atoms, 12 hydrogen atoms, and one oxygen atom; ethyl chloride; ethyl nitrite; and any toy containing elemental mercury.

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