HB 63 Summary

• Prohibits manufacturing, selling, or distributing 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.

• Establishes civil penalties of up to $1,000 per violation and requires manufacturers to notify retailers of prohibitions and obtain sworn certificates or notify retailers of non-compliance within 10 days of department request.

• Authorizes the Department of Environmental Conservation to prohibit non-brominated flame retardants by regulation if determined harmful to public health or environment and a safer alternative exists and is available nationwide, pending review by the Department of Health and Social Services and fire marshal approval.

• Requires the Department of Environmental Conservation to establish and update every three years a list of persistent bioaccumulative toxic chemicals occurring in products used by humans, considering Washington state's list and EPA data.

• Directs the department to develop a retailer assistance program to identify products violating the prohibitions and permits participation in a regional multistate clearinghouse for education and outreach activities; act takes effect January 1, 2012.