Washington Releases Draft Restrictions and Reporting Requirements Under Safer Products Program

Washington State’s Department of Ecology (DoE) has released Preliminary Draft Rule Language for a potential new chapter in the Washington Administrative Code on restriction and reporting requirements established during the first implementation cycle of the state’s Safer Products Program. In its Phase 3 Draft Report, DoE recommended restricting the use of most bisphenols in beverage cans and implementing reporting requirements for the use of most bisphenols in food cans (See the Packaginglaw.com article, Safer Products for Washington: Phase 3 Report Published in Draft Form, for more information on that report).

The preliminary draft rule language would implement the recommendations in the draft report applicable to food-contact materials by banning the manufacture, sale, and distribution of drink cans with a bisphenol-based epoxy can liner—excluding TMBPF-based epoxy can liners—effective January 1, 2025. In addition, manufacturers of food cans with bisphenol-based epoxy can liners—excluding TMBPF-based epoxy can liners—would be subject to reporting requirements beginning January 1, 2024.