Washington § 70A.405.100 - Enforcement — Achieving compliance with chapter — Enforcement sequence — Recall — Penalties.

Full text of Washington Revised Code of Washington § 70A.405.100 — Enforcement — Achieving compliance with chapter — Enforcement sequence — Recall — Penalties., with citation guidance and answers to common questions.

§ 70A.405.100. Enforcement — Achieving compliance with chapter — Enforcement sequence — Recall — Penalties.

(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 in RCW 70A.405.020 or 70A.405.030, the department must prepare and distribute information to in-state manufacturers and out-of-state manufacturers, to the maximum extent practicable, to assist them in identifying products prohibited for manufacture, sale, or distribution under this chapter.

(b) The department may request a certificate of compliance from a manufacturer. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.

(c) The department may issue a warning letter to a manufacturer that produces, sells, or distributes prohibited products in violation of this chapter. The department must offer information or other appropriate assistance to the manufacturer in complying with this chapter. If, after one year, compliance is not achieved, penalties may be assessed under subsection (3) of this section.

(2) A manufacturer that knowingly produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter must recall the product and reimburse the retailer or any other purchaser for the product and any applicable shipping and handling for returning the products.

(3) A manufacturer of products containing PBDEs in violation of this chapter is subject to a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed five thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.

[ 2020 c 20 s 1074; 2019 c 422 s 404; 2007 c 65 s 11. Formerly RCW 70.76.100.]

Notes

Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

Source: official Washington text · Last verified 2026-08-27

Frequently Asked Questions About Washington § 70A.405.100

What does Revised Code of Washington § 70A.405.100 cover?

Section 70A.405.100 ("Enforcement — Achieving compliance with chapter — Enforcement sequence — Recall — Penalties.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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A common citation format is "Revised Code of Washington § 70A.405.100" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

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Sources & Verification

Official text of § 70A.405.100 at the Washington source

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.