Scope
The Act covers children’s products in Washington State, including toys, children’s cosmetics, children’s jewelry, sucking or teething products, products for sleep, relaxation, feeding, or children’s clothing, and child car seats. Listed exclusions include batteries, slings and catapults, metal-point dart sets, toy steam engines, bicycles and tricycles, video toys over 24 volts, chemistry sets, consumer electronics, and other enumerated categories.
Exact limit and units
| Metal | Matrix | Limit | Unit | Basis |
|---|---|---|---|---|
| Lead | Children’s product or product component | 0.009 | percent by weight | total content by weight |
| Cadmium | Children’s product or product component | 0.004 | percent by weight | total content by weight |
How tested
The statute states concentration limits by percent by weight. It does not prescribe a single analytical method in Section 3.
Enforcement posture
Beginning July 1, 2009, manufacturers, wholesalers, and retailers may not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in Washington covered products above the listed limits. Violations are subject to civil penalties, with higher penalties for repeat violations.
History of changes
The Act was enacted as Chapter 288, Laws of 2008. The Governor vetoed the intent section and Section 8, but the Section 3 lead and cadmium prohibitions remained in the enacted law.
How it compares
The Washington lead limit of 90 ppm matches the federal lead-paint value but applies here to children’s products or product components under the state statute. The cadmium limit of 40 ppm is a state-level children’s-product cap and is not mirrored by the federal CPSIA lead-only substrate limit.
Sources
Update history
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