Overview

The U.S. State of Washington has formally adopted a new regulation restricting the use of per- and polyfluoroalkyl substances (PFAS) in consumer products. Commonly known as “forever chemicals,” PFAS are highly persistent in the environment and have been associated with environmental and human health concerns.

The rule has been introduced under Washington’s Safer Products Program, administered by the Department of Ecology (DoE), and marks a significant step toward reducing intentionally added PFAS in consumer goods across multiple sectors.

Regulatory Background

  • June 2025: The Washington DoE released a draft rule as part of Phase 4, Cycle 1.5 of the Safer Products Program.
  • 20 November 2025: The final amendment was officially adopted, updating Chapter 173-337 WAC – Safer Products Restrictions and Reporting.

Scope of the Regulation

The regulation applies to 12 priority consumer product categories where PFAS may be intentionally added, including:

  • Apparel and accessories
  • Automotive washes
  • Cleaning products
  • Cookware and kitchen supplies
  • Firefighting personal protective equipment (PPE)
  • Gear for recreation and travel
  • Footwear
  • Floor waxes and polishes
  • Hard surface sealers
  • Ski waxes

Regulatory Requirements

PFAS Prohibition

From 1 January 2027, the intentional addition of PFAS is prohibited in the following product categories:

  • Apparel and accessories
  • Automotive washes
  • Cleaning products

Products manufactured before this date may qualify for exemptions.

PFAS Reporting Obligations

Manufacturers, importers, and distributors must notify the Washington DoE if PFAS are intentionally added to products in the following categories:

  • Apparel for extreme or extended use
  • Automotive waxes
  • Cookware and kitchen supplies
  • Firefighting PPE
  • Floor waxes and polishes
  • Footwear
  • Gear for recreation and travel
  • Hard surface sealers
  • Ski waxes

Reporting Deadline:

  • First notification due 31 January 2027
  • Annual reporting required every 31 January thereafter

Compliance Considerations

  • Presumption of PFAS Presence: PFAS are presumed to be intentionally added if total fluorine exceeds 50 ppm, unless credible technical evidence demonstrates otherwise.
  • Exemptions: Certain products manufactured before specified cut-off dates (2026 or 2027, depending on category) may be exempt from prohibition or reporting.

Importance of the Update

Washington’s action places it among the leading U.S. states advancing stringent PFAS controls. The regulation is expected to influence product design, supply-chain transparency, and chemical compliance strategies, while potentially setting a precedent for future PFAS legislation across North America.

Source: Washington PFAS Rule Update

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