(1) The department may collect children's
products subject to possible reporting, and analyze their components for the
presence of CHCCs. If the department finds that a children's product component
contains a chemical on the CHCC list that the manufacturer either has not
reported, or has reported at a lesser amount, the department will notify the
manufacturer in writing. The department will then afford the manufacturer
forty-five days from receipt of the department's notification to respond to the
findings before the department takes further enforcement action.
In determining whether a violation of the CSPA or these rules
has occurred, the department will consider the manufacturer's timely
explanation as to why it did not report the presence or accurate amount of the
CHCC in the product component. If the manufacturer asserts that the CHCC is
present in the component only as a contaminant, and that the manufacturer did
not report the CHCC's presence based on WAC
173-334-080(1)(b),
then the manufacturer must present evidence that it conducted a reasonable
manufacturing control program for the CHCC contaminant and exercised due
diligence as described in subsections (2) and (3) of this section.
If the manufacturer contests the department's findings
regarding the presence or amount of the CHCC in the product component, the
manufacturer may further analyze the component in question for presence of CHCC
and provide the department with a copy of its own laboratory findings for the
component.
(2)
Manufacturing control program. A reasonable manufacturing control program must
include industry best manufacturing practices for the minimization of the CHCC
in the children's product. Those practices may include, but are not limited to,
methods and procedures for meeting relevant federal regulations, International
Standards Organization (ISO) requirements, American Society for Testing and
Materials (ASTM) standards, and other widely established certification or
standards programs.
(3) Due
diligence. Actions demonstrating due diligence in ensuring the effectiveness of
a manufacturing control program may include the use and enforcement of contract
specifications, procedures to ensure the quality/purity of feedstock (whether
raw or recycled), the use and enforcement of contract specifications for
manufacturing process parameters (e.g., drying and curing times when relevant
to the presence of high priority chemicals in the finished children's product
components), periodic testing for the presence and amount of CHCCs, auditing of
contractor or supplier manufacturing processes, and other practices reasonably
designed to ensure the manufacturer's knowledge of the presence, use, and
amount of CHCCs in its children's product components.
(4) If the department determines based on the
process described in subsection (1) of this section, or on other grounds, that
a manufacturer has violated a requirement of the CSPA or these rules, it may
require the manufacturer to pay a civil penalty. A manufacturer of children's
products in violation of this chapter is subject to a civil penalty not to
exceed five thousand dollars for each violation in the case of a first offense.
Manufacturers who are repeat violators are subject to a civil penalty not to
exceed ten thousand dollars for each repeat offense. Penalties collected under
this section must be deposited in the state toxics control account created in
RCW
70.105D.070.
(5) A single violation consists of a
manufacturer failing to provide the required report for the presence and
accurate amount of each CHCC, in each applicable product category, in each
applicable product component.
