Chemicals of High Concern to Children

Under the Children’s Safe Products Act (CSPA), Washington State requires the monitoring of certain chemicals in children’s products, including toys, cosmetics, jewelry, and car seats. Here, we discuss the legislation and the obligations manufacturers have regarding reporting Chemicals of High Concern to Children (CHCC).

What is the Washington Children’s Safe Products Act (CSPA)?

The Washington State legislature approved the Children’s Safe Products Act (CSPA) in 2008. The Washington laws encompass a greater variety of consumer products than those covered by federal regulations. CSPA restricts or limits the use of certain chemicals due to their possible health concerns, particularly for children. These substances also have negative impacts on the environment and wildlife. Additionally, CSPA requires manufacturers of children’s products to inform the Department of Ecology when their product contains a Chemical of High Concern to Children (CHCC).

Chemicals of High Concern to Children (CHCC)

According to the CSPA, the Department of Ecology must work with the Department of Health to compile a list of substances (known as Chemical of High Concern to Children (CHCC)) that producers of children’s goods must report. Some of these substances are restricted. As a result, manufacturers cannot sell children’s products in Washington State if the product contains a restricted substance above the provided threshold. Examples of restricted chemicals on the CHCC list are:

Chemical Name	CAS Number
Cadmium and cadmium compounds	7440-43-9
Butyl benzyl phthalate (BBP)	85-68-7
Di-2-ethylhexyl phthalate (DEHP)	117-81-7
Diisodecyl phthalate (DIDP)	26761-40-0
Di-n-butyl phthalate (DBP)	84-74-2
Tetrabromobisphenol A (TBBPA)	79-94-7
Tris(2-chloroethyl) phosphate (TCEP)	115-96-8
Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)	13674-87-8

Other chemicals on the CHCC list are not restricted but reportable (if the concentrations exceed the provided thresholds). Examples include the following substances:

Chemical Name	CAS Number
Bisphenol A (BPA)	80-05-7
Diisobutyl phthalate (DIBP)	84-69-5
Mercury and mercury compounds	7439-97-6
Short-chain chlorinated paraffins (SCCP)	85535-84-8
Toluene	108-88-3

Furthermore, note that most of the chemicals on the CHCC list are restricted or limited under other regulations worldwide, including EU REACH, EU POP, US TSCA-PBT, RoHS, and California Proposition 65.

Manufacturers’ Obligations Regarding Chemicals of High Concern to Children

According to the Children’s Safe Products Reporting Rule (Chapter 173-334 of Washington Administrative Code (WAC)), manufacturers must annually disclose the presence and usage of specific chemicals in children’s products sold in the State of Washington. The deadline for reporting is January 31 each year for children’s products sold the previous year. However, manufacturers can submit the reports as early as September 15. Notably, the report submission is free of charge.

Products Subject to the Reporting Requirement

According to the regulation, a child is a person under the age of twelve. The reporting requirements apply to the following children’s products sold to consumers in Washington State:

Toys
Children’s jewelry
Children’s cosmetics
Children’s clothes
A product intended to assist a child with teething or sucking
A product designed to promote sleep, relaxation, or feeding
A portable infant or child safety seat that attaches to a car seat

On the contrary, the following children’s products are examples of items that are exempt from reporting requirements:

Batteries
Packaging
Bicycles and tricycles
Scooters
Roller skates
Sporting equipment (e.g., balls, skis, snowboards, gloves, sleds, sticks, and pads)
Interactive software (e.g., video games) intended for entertainment and leisure
Children’s electronic devices (e.g., calculators, personal computers, wireless phones, and game consoles)
Over-the-counter medicines, prescription medications, nutritional supplements, food, and medical equipment

Who Must Submit the Report on Chemicals of High Concern to Children?

The manufacturer of a children’s product or a trade association acting on behalf of its member manufacturers must notify the department if the product contains a chemical that exists on the CHCC list. Note that any individual or organization that manufactures children’s products, any importer who takes ownership of the products, and any domestic distributor of children’s goods fall within the definition of manufacturer. You are responsible for reporting if:

You offer products for sale in Washington State, either in-store or online, and
Your products fall under the category of children’s products defined by the regulation, and
Your products contain one or more substances from the CHCC list.

Accordingly, the following hierarchy identifies the principal responsible person or entity for submitting the report on CHCC in children’s products:

The person or entity producing the children’s product for sale in Washington State, unless it doesn’t have a presence in the United States;
The individual or organization marketing the product under its name or trademark, unless it has no presence in the US;
The original owner, whether an importer or a distributor, of the children’s product.

What Information Do Manufacturers Need to Report?

Producers must report items that include one or more CHCCs. For each CHCC, manufacturers should provide the “function set” containing the following product information:

Product category (also known as “brick”) according to Global Product Classification (GPC). GPC categorizes products based on their purpose, composition, and shape. Manufacturers should submit a single report for all items under one product category.
Product component containing CHCCs. Notably, producers should not report on internal components (components that do not come into direct contact with children’s skin or mouth during standard use).
CHCC concentration: Manufacturers must report the highest CHCC concentration, in ranges or exact values, found in a component in each product category.
Chemical function

How Do Businesses File the Report?

Manufacturers should submit reports using the High Priority Chemical Data System (HPCDS) released by Interstate Chemical Clearinghouse (IC2). HPCSD is an online platform that facilitates reporting on the chemicals of concern in children’s products. This system allows producers to file reports required by the Washington Children’s Safe Product Act (CSPA).

Other US States Regulating Chemicals of High Concern to Children

Other US states have implemented similar requirements regulating chemicals of high concerns found in children’s products, including:

Oregon Toxic-Free Kids Act (TFKA)
Toxic Chemicals in Children’s Products Law in the State of Maine
Vermont Chemical Disclosure Program for Children’s Products

Toxic Free Kinds Act of Minnesota

The Canadian equivalent

The Canada Consumer Product Safety Act – the CCPSA – and subsequent regulations address similar restrictions in Children’s products.

Do you need to know more about the regulations regarding chemicals of high concern to children? Contact Enviropass!