wa-law.org > bill > 2023-24 > HB 1551 > Second Substitute
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Component" includes separate or distinct parts of the cookware including, but not limited to, accessories such as lids, knobs, handles and handle assemblies, rivets, fasteners, valves, and vent pipes.
"Cookware" means any metal pots, pans, bakeware, rice cookers, pressure cookers, and other containers and devices intended for the preparation or storage of food.
"Department" means the Washington state department of ecology.
"Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state.
"Vulnerable populations" has the same meaning as defined in RCW 70A.02.010.
Beginning January 1, 2026, no manufacturer or wholesaler may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state cookware or a cookware component containing lead or lead compounds at a level of more than five parts per million.
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Beginning January 1, 2026, no retailer may knowingly sell or knowingly offer for sale for use in this state cookware or a cookware component containing lead or lead compounds at a level of more than five parts per million.
Retailers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter.
The sale or purchase of any previously owned cookware or cookware components containing lead made in casual or isolated sales as defined in RCW 82.04.040, or by a nonprofit organization, is exempt from this chapter.
After December 2034, the department, in consultation with the department of health, may lower the five part per million limit established in subsection (1) of this section by rule if it determines that the lower limit is:
Feasible for cookware and cookware component manufacturers to achieve; and
Necessary to protect human health, including the health of vulnerable populations.
The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
A person violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Repeat violations are subject to a civil penalty not to exceed $10,000 for each repeat offense.
Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board.
All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:
(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.455.090, 70A.555.110, 70A.560.020, section 3 of this act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within 30 days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.