SG 093/25
Washington State’s Department of Ecology (DoE) has released a proposed rule to regulate per- and polyfluoroalkyl substances (PFAS) in various consumer products.
The Safer Products for Washington Program (RCW 70A.350), signed into law in May 2019, was designed to reduce toxic chemicals in consumer products to protect public health, the environment and vulnerable populations and species. The program is structured in four phases, under which the Washington State DoE is tasked with: (1) prioritizing chemical classes, (2) prioritizing consumer products, (3) determining potential regulatory actions and (4) conducting rulemaking. Washington State completed its first rulemaking cycle for ten priority products in June 2023 (SafeGuardS 69/23).
While the WA DoE is currently in phase 2 of its second rulemaking cycle, it is also conducting an additional ‘cycle 1.5’ to specifically address the risk of PFAS in consumer products. On June 4, 2025, the agency released a preliminary draft rule to regulate PFAS in twelve consumer product categories under phase 4 of cycle 1.5. The proposed rule includes PFAS prohibitions in three product categories and requires reporting measures for the remaining nine. Once adopted, the rule would revise Chapter 173-337 of the Washington Administrative Code (WAC).
Table 1 summarizes proposed restrictions and reporting requirements.
| Substance | Scope | Proposed Requirements | Proposed effective date |
PFAS1 |
| Prohibited if intentionally added3,4 | January 1, 2027 |
| Manufacturers must provide notice on the use of intentionally added PFAS | By January 31, 2027, and annually thereafter | |
| 1 The DoE presumes the presence of PFAS based on detection of total fluorine. Manufacturers may rebut this presumption by submitting a statement to the DoE providing credible evidence that PFAS were not intentionally added. 2 The proposed rule distinguishes between apparel not intended for extreme or extended use, such as clothing, uniforms or athletic wear, and apparel intended for extreme and extended use, such as gear for extreme weather or extended periods of use by experts and professionals. 3 Exempts products manufactured before January 1, 2027 4 Exempts the PFAS usage as a propellant for automotive washes and cleaning products 5 Exempts 1) disposable or single-use items and 2) internal components that do not contact food or beverages | |||
Table 1
Public comments on the proposal will be accepted until July 20,2025. Per the Safer Products for Washington Program, the final rule is expected to be adopted by the end of 2025.
With facilities accredited to ISO, Australian, European and US standards, and experts covering every region of the globe, we are the number one choice for precise, innovative solutions for PFAS testing. Whether you require rapid turnaround times or shortlist remediation analysis, we have the capabilities to ensure your project is accurately and efficiently completed. Contact us for more information on PFAS testing, or visit our website. In the end, it’s only trusted because it’s tested.
© SGS Société Générale de Surveillance SA. This publication or website is a property of SGS Société Générale de Surveillance SA. All contents including website designs, text, and graphics contained herein are owned by or licensed to SGS Société Générale de Surveillance SA. The information provided is for technical and general information purposes only and offers no legal advice. The information is no substitute for professional legal advice to ensure compliance with the applicable laws and regulations. All information is provided in good faith “as is”, and SGS Société Générale de Surveillance SA makes no representation or warranty of any kind, express or implied, and does not warrant that the information will be error-free or meet any particular criteria of performance or quality.
