Washington state’s governor has signed into law a ban on the use of five flame retardants above de minimis levels in children’s products and residential furniture.

The state joins several that restrict the use of certain flame retardants in products. These include California, Minnesota and, most recently, Washington DC.

But the passage of Bill ESHB 2545 represents the first restriction on the use of TBBPA anywhere in the US, according to NGO, Washington Toxics Coalition.

From 1 July 2017 the act bans the sale of covered products that contain more than 1,000 part per million (ppm) of:

• TDCPP (tris(1,3-dichloro-2-propyl)phosphate);
• TCEP (tris(2-chloroethyl)phosphate);
• decaBDE (decabromodiphenyl ether);
• HBCD (hexabromocyclododecane); and
• additive TBBPA (tetrabromobisphenol A).

All five are listed as chemicals of high concern to children under the state’s Children’s Safe Products Act. This requires manufacturers of children’s products containing listed substances to report their presence to the state’s Department of Ecology.

A separate provision in the act will require the Department of Ecology to consider listing six additional flame retardants as chemicals of high concern to children:

• IPTPP (isopropylated triphenyl phosphate);
• TBB ([2-ethylhexyl]-2,3,4,5- tetrabromobenzoate);
• TBPH (bis [2-ethylhexyl]-2,3,4,5- tetrabromophthalate);
• TCPP (tris [1-chloro-2-propyl] phosphate);
• TPP (triphenyl phosphate); and
• V6 (bis[chloromethyl] propane-1,3-diyltetrakis [2-chloroethyl] bisphosphate).

Should it list any of these substances, the bill requires that the agency then work with the Department of Health and stakeholders to make recommendations on whether use restrictions are warranted.

Laurie Valeriano, executive director of the Washington Toxics Coalition, said the NGO is "thrilled" with the state's continued leadership in chemicals management.

But industry groups such as the American Chemistry Council’s (ACC) North American Flame Retardant Alliance (Nafra) and the Toy Industry Association opposed the measure.
They had hoped that the state would allow the ongoing federal review of flame retardant clusters to play out prior to its taking regulatory action.