Washington § 70A.350.120 - Lead in cookware.

(1) For the purposes of the regulatory process established in this chapter, cookware containing lead is a priority consumer product. The department must evaluate lead in cookware as a priority product beginning with the June 1, 2029, review cycle established under RCW 70A.350.050(2)(b). For this priority product, the department must determine regulatory actions by June 1, 2032, and adopt rules to implement those regulatory determinations by June 1, 2033, consistent with the process established in RCW 70A.350.040 and 70A.350.050. In determining regulatory actions under this section, the department must:

(a) Adopt a lead limit of either 20 parts per million or the lowest lead limit that is feasible and available based on data obtained during the review;

(b) Consider to the extent feasible, the entire life of the cookware product, including when surfaces become damaged, scratched, or heavily used. The department may also consider end-of-life management and recyclability of the product; and

(c) Adopt, as appropriate, discrete exemptions from restrictions under this section applicable to categories of cookware, such as noncooking surfaces, for which it is not feasible to comply with the requirements of this section or the 20 parts per million limit established in chapter 70A.565 RCW that takes effect January 1, 2034.

(2) The department may not, under subsection (1) of this section, adopt a restriction on aluminum or brass pots or pans or aluminum or brass pot or pan components at a level that is higher than 20 parts per million.

(3) The department must order cookware manufacturers to provide data regarding lead levels in their products, in accordance with RCW 70A.350.040(2), and to the extent practicable, make the data publicly available. Manufacturers that fail to comply with an order to provide data are subject to penalties pursuant to RCW 70A.350.070. In assessing a penalty, the department must consider each product covered by an order as a separate offense.

(4) For purposes of this section, "cookware" also includes cookware components and utensils.