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Committee weighs striker that shifts lead-in-cookware standards to Ecology rulemaking
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Summary
Lawmakers heard competing views on ESSB 59 75, a bill that would move lead-in-cookware standard-setting into the Department of Ecology's Safer Products for Washington process, set phased pot-and-pan limits and provide Ecology testing authority. Industry generally supported the striker for regulatory certainty; health and consumer groups urged stronger presumptive limits.
The House Environment & Energy Committee reopened a hearing on ESSB 59 75 to consider a striking amendment that would shift significant authority over lead-in-cookware standards to the Washington Department of Ecology and its Safer Products for Washington program.
Jacob Lipson, committee staff, said the existing statute (passed in 2024 and amended last year) currently sets a 90 parts-per-million (ppm) limit for aluminum and brass cookware beginning in 2026 and scheduled a drop to 10 ppm in 2028. The striker amendment, Lipson explained, keeps the 90 ppm standard for products manufactured after Jan. 1, 2026, cancels the scheduled 2028 reduction to 10 ppm, and sets a new pathway in which Ecology is directed to undertake Safer Products rulemaking. The amendment establishes a 50 ppm limit for aluminum or brass pots and pans beginning in 2030 and lowers that limit to 20 ppm beginning in 2034; Ecology would conduct feasibility-based rulemaking with a target of 10 ppm if a lower feasible limit is demonstrated.
Industry groups including the Association of Home Appliance Manufacturers, the Washington Food Industry Association and manufacturers such as Woodstone broadly supported moving the technical standard-setting to Ecology to provide consistent test methods and regulatory clarity. "We really want this to be in the agency's hands," said Charlie Brown of the Association of Home Appliance Manufacturers, arguing that a durable, science-based regulatory process would deliver clarity to manufacturers and retailers.
State agencies and health officials also supported the striker’s use of Ecology’s Safer Products process. Katrina Lassiter of the Department of Ecology said the approach "would provide a robust, durable and long term solution for reducing lead in cookware," and Dr. Holly Davies of the Department of Health emphasized that "lead poisoning in Washington State is far too common and it's preventable." Both agencies described the Safer Products program as including stakeholder engagement, test-method development and the ability to order data from manufacturers.
Consumer and public-health advocates urged a more protective statutory approach, expressing concern that recent striker language could roll back prior statutory reductions. The League of Women Voters testified it was "concerned that the bill will roll back provisions that were passed in the last year, requiring lead-free cookware." Other advocates and toxicology groups asked the committee to preserve aggressive timelines and low parts-per-million goals to protect children and at-risk communities.
Retailers and hospitality groups said they need a clear, practicable testing and compliance pathway to avoid supply disruptions and to ensure products remain available at different price points. Several witnesses emphasized that many stainless steel products already meet low-lead levels and that a regulatory pathway would help align testing and enforcement.
The committee closed the hearing on ESSB 59 75 after hearing multiple panels and did not take a final vote on the striker during the session.
Key technical deadlines and timelines described in testimony include direction to Ecology to adopt regulatory determinations and related rules by 2032 (2033 for Safer Products rulemaking under the striker) with phased statutory limits appearing in 2030 and 2034 for pots and pans.
