COOKWARE CONTAINING LEAD

RCW 70A.565
in effect

RCW 70A.565.010 Definitions.

*** CHANGE IN 2026 *** (SEE 5975-S.SL ) *** The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Aluminum or brass cookware" means the following items when made of brass or aluminum: Pots, pans, kettles, griddles, grills, internal pots for devices such as rice cookers or pressure cookers, and similar vessels or surfaces in or on which food is cooked. (b) "Aluminum or brass cookware" does not include: (i) Items with only an internal layer of aluminum or brass that is completely enclosed by stainless steel; or (ii) The body of electronic cooking devices with removable cooking containers, such as slow cookers, rice cookers, and pressure cookers. (2) "Aluminum or brass cookware component" means cookware parts made of aluminum or brass such as lids, rivets, fasteners, valves, and vent pipes. (3) "Aluminum or brass utensils" means tools made from aluminum or brass such as knives, forks, spoons, spatulas, and similar tools used for preparing, serving, or eating food, unless completely enclosed by stainless steel. (4) "Department" means the Washington state department of ecology. (5) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state. (6) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010 . The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Aluminum or brass cookware" means the following items when made of brass or aluminum: Pots, pans, kettles, griddles, grills, internal pots for devices such as rice cookers or pressure cookers, and similar vessels or surfaces in or on which food is cooked. (b) "Aluminum or brass cookware" does not include: (i) Items with only an internal layer of aluminum or brass that is completely enclosed by stainless steel; or (ii) The body of electronic cooking devices with removable cooking containers, such as slow cookers, rice cookers, and pressure cookers. (2) "Aluminum or brass cookware component" means cookware parts made of aluminum or brass such as lids, rivets, fasteners, valves, and vent pipes. (3) "Aluminum or brass utensils" means tools made from aluminum or brass such as knives, forks, spoons, spatulas, and similar tools used for preparing, serving, or eating food, unless completely enclosed by stainless steel. (4) "Department" means the Washington state department of ecology. (5) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state. (6) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010 .

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

*** CHANGE IN 2026 *** (SEE 5975-S.SL ) *** (1) 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: (a) 90 parts per million, beginning January 1, 2026; and (b) 10 parts per million, beginning January 1, 2028. (2)(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: (i) 90 parts per million, beginning January 1, 2026; and (ii) 10 parts per million, beginning January 1, 2028. (b) Retailers or wholesalers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter. (c) 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. (3) After December 2030, the department, in consultation with the department of health, may lower the 10 parts per million limit established in subsections (1) and (2) of this section by rule if it determines that the lower limit is: (a) Feasible for cookware and cookware component manufacturers to achieve; and (b) Necessary to protect human health, including the health of vulnerable populations. (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. (1) 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: (a) 90 parts per million, beginning January 1, 2026; and (b) 10 parts per million, beginning January 1, 2028. (2)(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: (i) 90 parts per million, beginning January 1, 2026; and (ii) 10 parts per million, beginning January 1, 2028. (b) Retailers or wholesalers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter. (c) 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. (3) After December 2030, the department, in consultation with the department of health, may lower the 10 parts per million limit established in subsections (1) and (2) of this section by rule if it determines that the lower limit is: (a) Feasible for cookware and cookware component manufacturers to achieve; and (b) Necessary to protect human health, including the health of vulnerable populations. (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.

RCW 70A.565.030 Adoption of rules — Penalty.

(1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2) A person violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Repeat violations are subject to a civil penalty not to exceed $10,000 for each repeat offense. (3) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board. (4) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180 . (1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2) A person violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Repeat violations are subject to a civil penalty not to exceed $10,000 for each repeat offense. (3) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board. (4) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180 .
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=70A.565&full=trueFetched: 6/29/2026

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