Chapter 70.280 RCW

BISPHENOL ARESTRICTIONS ON SALE

Sections

70.280.010Definitions.
70.280.020Prohibiting the sale or distribution of certain products containing bisphenol A.
70.280.030NotificationRecall of products.
70.280.040Penalties.
70.280.050Expenses to cover cost of administering chapter.
70.280.060Rules.


Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Metal can" means a single walled container that is manufactured from metal substrate designed to hold or pack food or beverages and sealed by can ends manufactured from metal substrate. The metal substrate for the can and the can ends must be equal to or thinner than 0.0149 inch.
(3) "Sports bottle" means a resealable, reusable container, sixty-four ounces or less in size, that is designed or intended primarily to be filled with a liquid or beverage for consumption from the container, and is sold or distributed at retail without containing any liquid or beverage.



Prohibiting the sale or distribution of certain products containing bisphenol A.

(1) Beginning July 1, 2011, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, any bottle, cup, or other container, except a metal can, that contains bisphenol A if that container is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children three years of age or younger and is sold or distributed at retail without containing any liquid, food, or beverage.
(2) Beginning July 1, 2012, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, sports bottles that contain bisphenol A.



NotificationRecall of products.

(1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter shall recall the product and reimburse the retailer or any other purchaser for the product.



Penalties.

(1) A manufacturer, wholesaler, or retailer that manufacturers [manufactures], knowingly sells, or distributes products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, wholesalers, or retailers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the state toxics control account created in *RCW 70.105D.070.
(2) Retailers who unknowingly sell products that are restricted from sale under this chapter are not subject to the civil penalties under this chapter.

NOTES:

*Reviser's note: RCW 70.105D.070 was repealed by 2019 c 422 § 415.



Expenses to cover cost of administering chapter.

Expenses to cover the cost of administering this chapter must be paid from the model toxics control operating account under RCW 70.105D.190.

NOTES:

Effective dateIntent2019 c 422: See notes following RCW 82.21.010.



Rules.

The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.