Washington State Proposes Rule to Require Reporting of Intentionally Added PFAS in Cookware

The Washington State Department of Ecology (DoE or the Department) proposed revising Chapter 173-337 WAC, “Safer Products Restrictions and Reporting,” to adopt restrictions and reporting requirements related to the intentional use of per- and polyfluoroalkyl substances (PFAS) in certain product categories. With respect to food-contact materials, the proposed rule requires manufacturers to report the intentional use of PFAS to the food-contact surface of durable cookware and kitchen supplies. 

Under the proposed rule, detection of total fluorine will be presumed to mean PFAS are intentionally-added. Manufacturers can rebut this presumption by submitting a statement and credible evidence to DoE that PFAS are not intentionally-added. 

This rule is being proposed under the Safer Products for Washington (SPWA) Program, which implements the state’s Toxic Pollution Law. The SPWA Program is a five-year process to identify, assess, and regulate classes of chemicals in consumer products. In May 2024, DoE published a Regulatory Determinations Report to the Legislature: Safer Products for Washington Cycle 1.5 Implementation Phase 3. In that report, DoE recommends a reporting requirement for PFAS in cookware, noting that a restriction of PFAS in cookware would “reduce a significant source and use.” However, the Department did not recommend a ban on the intentional use of PFAS in this product category because an evaluation of safer alternatives to PFAS in cookware had not been conducted. 

Comments on the proposed rule are due by July 20, 2025.