RCW 70A.565.020: Prohibition on the sale of cookware containing lead.

(1) Beginning January 1, 2027, no manufacturer may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state aluminum or brass cookware, aluminum or brass utensils, or an aluminum or brass cookware component containing lead that has been intentionally added.

(2)(a) Beginning January 1, 2026, no manufacturer may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state aluminum or brass cookware, aluminum or brass utensils, or an aluminum or brass cookware component containing lead or lead compounds at a level of more than 90 parts per million, for items manufactured on or after January 1, 2026.

(b) Beginning January 1, 2030, no manufacturer may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state aluminum or brass pots or pans or aluminum or brass pot or pan components containing lead or lead compounds at a level of more than 50 parts per million, for items manufactured on or after January 1, 2030.

(c) Beginning January 1, 2034, no manufacturer may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state aluminum or brass pots or pans or aluminum or brass pot or pan components containing lead or lead compounds at a level of more than 20 parts per million, for items manufactured on or after January 1, 2034. The department may exempt, as appropriate, cookware and cookware components from the restrictions in this subsection (2)(c), consistent with rules adopted under RCW 70A.350.120.

(3)(a) No retailer or wholesaler may knowingly sell or knowingly offer for sale for use in this state aluminum or brass cookware, aluminum or brass utensils, or an aluminum or brass cookware component containing lead or lead compounds at a level of more than 90 parts per million, beginning January 1, 2026, for items manufactured on or after January 1, 2026.

(b) Beginning January 1, 2030, no retailer or wholesaler may knowingly sell or knowingly offer for sale for use in this state aluminum or brass pots or pans or aluminum or brass pot or pan components containing lead or lead compounds at a level of more than 50 parts per million, for items manufactured on or after January 1, 2030.

(c) Beginning January 1, 2034, no retailer or wholesaler may knowingly sell or knowingly offer for sale for use in this state aluminum or brass pots or pans or aluminum or brass pot or pan components containing lead or lead compounds at a level of more than 20 parts per million, for items manufactured on or after January 1, 2034. The department may exempt, as appropriate, cookware and cookware components from the restrictions in this subsection (3)(c), consistent with rules adopted under RCW 70A.350.120.

(d) Retailers or wholesalers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter.

(e) The sale or purchase of any previously owned aluminum or brass cookware, aluminum or brass utensils, or aluminum or brass cookware components containing lead made in casual or isolated sales as defined in RCW 82.04.040, or by a nonprofit organization, is exempt from this chapter.

(4) Nothing in this chapter limits the authority of the department with respect to lead in cookware, cookware components, or utensils under chapter 70A.350 RCW. To the extent that there is any conflict, any regulatory determination made by the department under chapter 70A.350 RCW with regard to lead in aluminum or brass cookware, cookware components, or utensils supersedes the 90, 50, and 20 parts per million limits established in this section. A regulatory determination may, consistent with chapter 70A.350 RCW, apply to cookware, cookware components, or utensils that are excluded from the restrictions in this chapter.