Manufacturers of certain PFAS-containing products will be required to begin annual reporting if items are produced on or after January 1, 2026. The first submission is due by January 31, 2027.

Product categories subject to reporting:

• Extreme or extended-use apparel (e.g., hiking gear)
• Footwear
• Travel and recreation gear (e.g., tents, backpacks)
• Automotive waxes
• Cookware and kitchen tools
• Firefighter PPE
• Floor polishes and waxes
• Hard surface sealers
• Ski waxes

  📄 Note: The rule introduces a rebuttable presumption—if total fluorine is detected in a product, it will be presumed to contain PFAS unless the manufacturer proves otherwise.

Why PFAS?

PFAS are a class of highly persistent synthetic chemicals widely used for their resistance to water, grease, and heat. However, they:

• Do not break down in the environment
• Accumulate in the human body over time
• Are linked to health risks including cancer, immune suppression, and developmental toxicity

This new draft builds on Washington’s previous regulatory actions to limit PFAS in indoor textiles and stain-resistant treatments and reflects a broader strategy to eliminate non-essential uses across sectors.

Public Participation & Rule Timeline

WDOE is inviting stakeholder feedback before finalizing the rule. Two virtual public hearings have been scheduled:

• 📅 July 9, 2025 at 5:30 PM PT
• 📅 July 10, 2025 at 10:00 AM PT

🗓️ Public comment deadline: July 20, 2025
🛠️ Final rule expected: November 2025

Feedback is requested on:

• Rule text and legal clarity
• Cost-benefit analysis
• Feasibility of compliance
• Environmental impact

Submit comments via the official WDOE portal.

What Businesses Should Do Now

🔎 Review product portfolios for intentionally added PFAS
🧪 Test for total fluorine as a proxy for PFAS detection
🗂️ Prepare for first PFAS report by January 2027
♻️ Phase out banned products by January 2027
💬 Participate in the public comment period before July 20

State-Level Trend Toward PFAS Regulation

Washington joins a growing list of states—including California, New York, and Minnesota—implementing PFAS restrictions in consumer products. This reflects a broader national and international movement to phase out non-essential uses of these chemicals.

Stay Compliant, Stay Ahead

To minimize disruption and ensure compliance:

✅ Conduct supply chain audits now
✅ Communicate with vendors to identify safer alternatives
✅ Budget for testing, reformulation, and reporting processes
✅ Engage in regulatory discussions early to help shape the final rule

Reference: Washington Department of Ecology – Rulemaking Notice (June 4, 2025)

 

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