HB 385 Summary

• Prohibits manufacture, sale, and distribution of products containing more than 0.1 percent by mass of pentaBDE, octaBDE, or decaBDE flame retardants, with exemptions for transportation vehicles, industrial equipment, electronic wiring, used items, and items brought into the state before the effective date.

• Authorizes the Department of Environmental Conservation to prohibit non-brominated flame retardants by regulation if determined harmful to public health or the environment and safer alternatives exist on a nationwide basis, subject to consultation with the Department of Health and Social Services and approval by the state fire marshal.

• Establishes a civil penalty of up to $1,000 for each violation and requires manufacturers to notify retailers of prohibitions and assist with inventory identification of non-compliant products.

• Directs the Department of Environmental Conservation to establish and update every three years a list of persistent bioaccumulative toxic chemicals used in consumer products, considering Washington State's list and EPA chemical data.

• Takes effect January 1, 2011, with the first persistent bioaccumulative toxic chemicals list due by February 1, 2012.