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USA: Washington adopts new rule on PFAS restriction and reporting

November 2025 - Electrical & electronics, hardlines, softlines and toys and children's products

As part of its ongoing commitment to reducing toxic chemical exposure, the Washington State Department of Ecology adopted a new rule to amend the Chapter 173-337 WAC1 for Safer Products Restrictions and Reporting. The new rule strengthens controls on per- and polyfluoroalkyl substances (PFAS), commonly called “forever chemicals” due to their persistence in the environment. It introduces restrictions and reporting requirements across twelve (12) priority product categories.

Back to May 20232, the Washington State Department of Ecology (DOE) adopted the rule on certain consumer products containing priority chemicals, including PFAS restrictions on aftermarket stain- and water-resistance treatments, carpets and rugs and leather and textile furnishings. Now the new rule expands PFAS restriction to three (3) more product categories and requires reporting on nine (9) other product categories.

Below is an overview of the regulatory changes and compliance essentials.

PFAS Restrictions

Products
Requirements
Effective date

  • Apparel and accessories
  • Automotive washes
  • Cleaning products

Intentionally added PFAS is prohibited.

If total fluorine exceeds 50 ppm, the Department will presume the product contains intentionally added PFAS.

1 January 2027

 

PFAS Reporting Obligations

Products
Requirements
Effective date

  • Apparel intended for extreme and extended use
  • Footwear
  • Gear for recreation and travel
  • Automotive waxes
  • Cookware and kitchen supplies
  • Firefighting personal protective equipment (PPE)
  • Floor waxes and polishes
  • Hard surface sealers
  • Ski waxes

The manufacturer must submit an annual notice to the Department if the product contains intentionally added PFAS.

If total fluorine exceeds 50 ppm, the Department will presume the product contains intentionally added PFAS.

1 January 2026

(Reports are due 31 January 2027, and every year thereafter by 31 January.)

References:

[1] New rule amending Chapter 173-337 WAC

[2] TÜV SÜD E-ssentials - USA: Washington state adopts rule for safer consumer products


 

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