SB 5975 — Providing consumer access to safe cookware and interstate and international trade certainty in the regulation of lead in cookware.

ENGROSSEDS-3692.2 SUBSTITUTE SENATE BILL 5975 State of Washington 69th Legislature 2026 Regular Session By Senate Environment, Energy & Technology (originally sponsored by Senators Harris, Cleveland, and Hasegawa)Hasegawa READPrefiled FIRST01/05/26. TIME 02/04/26.

Read first time 01/12/26.

Referred to Committee on Environment, Energy & Technology.

and amending RCW 70A.565.010 and 70A.565.020;70A.565.020.

adding a new section to chapter 70A.565 RCW;

and adding a new section to chapter 70A.350 RCW.

(i) Items with only an internal layer of aluminum or brass that is((is ((completely))completely enclosed by stainless steel;steel)) has a stainless steel food contact cooking surface that is metallurgically bonded and has de minimus amounts of aluminum or brass exposed at the exterior edge of the cookware;

or((or)) (ii)p. The electrical components of electronic cooking devices and the body of electronic cooking devices with removable cooking containers, such as slow cookers, rice cookers, and pressure cookers.

p.1 SB 5975 (ii) The body of electronic cooking devices with removable cooking containers, such as slow cookers, rice cookers, and pressure cookers;

1(iii) ESSBA 5975stove (2)or "Aluminumrange, cooktop, or brasssimilar cookwarelarge component"appliance, meansand cookwareany partscomponents madethereof, ofexcept aluminumthat a grill or brassgriddle suchsurface or zone included as lids,a rivets,cooking fasteners,surface valves,on andsuch ventan pipes.appliance remains subject to this chapter;

(3)or "Aluminum(iv) Cookware with incidental, de minimis, or brasstrace utensils"amounts meansof toolslead madethat fromare aluminumunintentionally oradded, brassare suchpresent as knives,a forks,result spoons,of spatulas,impurities or technically unavoidable manufacturing processes, and similardo toolsnot usedresult forin preparing,exposure serving,above orlevels eatingof food,concern unlessas ((completely))determined enclosedconsistent bywith stainlessUnited steel.States environmental protection agency guidance.

(4)(2) "Department""Aluminum or brass cookware component" means thecookware Washingtonparts, stateintended departmentfor food contact in or on which food is cooked, made of ecology.aluminum or brass ((such as)) and that are lids, rivets, fasteners, valves, and vent pipes, unless the intended food contact surfaces are enclosed by stainless steel or a surface coating permitted by the federal food and drug administration.

(5)(a)(3) "Intentionally"Aluminum added"or brass utensils" means leadtools addedmade tofrom aluminum or brass cookware,such cookwareas components,knives, orforks, utensilsspoons, thatspatulas, servesand ansimilar intendedtools functionused infor thepreparing, finalserving, product or ineating thefood, manufacturingunless ofcompletely theenclosed productby stainless steel or parta ofsurface coating permitted by the product.federal food and drug administration.

(b)"Aluminum "Intentionallyor added"brass doesutensils" do not meaninclude leadparts presentand fromaccessories the use of recycledappliances. materials.

(6)(4) "Manufacturer""Cookware testing methods" means anygovernment person,accepted firm,testing association,methods partnership,for corporation,evaluating governmentalthe entity,safety organization,of aluminum or jointbrass venturecookware, thatutensils, producesor acomponents productincluding, orbut isnot anlimited importerto, ormethods domesticpublished distributorin ofthe aUnited productStates soldfood orand offereddrug administration elemental analysis manual for salefood inand related products as it existed on December 19, 2025, or intomethods described in the state.European directorate for the quality of medicines & health care technical guide, as it existed on December 19, 2025, for assessing metals and alloys in contact with food.

(5) "Department" means the Washington state department of ecology.

(((5))) (6) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic p.

2 SB 5975 distributor of a product sold or offered for sale in or into the state.

(1) Beginning((Beginning January 1, 2027,2026, nono)) manufacturerFor 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 containingmanufactured leadafter thatDecember has31, been2025, intentionallythe added.following minimum standards apply:

(2)(a) BeginningNo 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((:than:

(a)))(((a))) (i) 90 parts per million, beginning January 1, 2026((;2026;

and (b)(((b))) (ii) 10 parts per million, beginning January 1, 2028)),((2028)) for2030, itemsunless manufacturedthe onaluminum or afterbrass Januarycookware, 1,aluminum 2026.or brass utensils, or aluminum or brass cookware components are compliant with cookware testing methods.

(((2)))The (3)(a)department Nomay retailerask ora wholesalermanufacturer mayfor knowinglya selltest orreport knowinglyto offerprove forcompliance sale for useproducts incovered under this statechapter. aluminum or brass p.

2(((2)(a))) ESSB(b) 5975No 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((:than:

(i)))(i) 90 parts per million, beginning January 1, 2026((;2026;

and (ii) 10 parts per million, beginning January 1, 2028)),((2028)) for2030, itemsunless manufacturedthe onaluminum or afterbrass Januarycookware, 1,aluminum 2026.or brass utensils, or aluminum or brass cookware components are compliant with cookware testing methods.

(b)The Retailersdepartment ormay wholesalersask whoa unknowinglymanufacturer sellfor productsa thattest arereport restrictedto fromprove salecompliance underfor thisproducts chaptercovered are not liable under this chapter.

(c)(((b))) The(2) saleRetailers or purchasewholesalers ofwho anyunknowingly previouslysell ownedproducts aluminumthat orare brassrestricted cookware,from aluminumsale orunder brassthis utensils,chapter orare aluminumnot orliable brassunder 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)(((c))) After(3) DecemberThe 2030,sale theor department,purchase in consultation with the department of health,any maypreviously lowerowned thealuminum 10or partsbrass percookware, millionaluminum limitor establishedbrass inutensils, subsectionsor (1)aluminum andor (2)brass ofcookware thiscomponents sectioncontaining bylead rulemade ifin itcasual determinesor thatisolated thesales lowerp. limit is:

3 SB 5975 as defined in RCW 82.04.040, or by a nonprofit organization, is exempt from this chapter.

(((3))) (4) Aluminum or brass cookware, aluminum or brass utensils, or aluminum or brass cookware components that were manufactured on or before December 31, 2025, and are repaired or replaced under warranty on or after January 1, 2028, are exempt from the requirements in this chapter, as long as sold in compliance with federal food and drug administration regulations at the time of sale.

(5) After December 2030, the department, in consultation with the department of health, may lower the 10 parts per million limit established in subsection((s (1) and (2))) (1)(a) and (b) of this section by rule if it determines that the lower limit is:

and (b) Necessary to protect human health, including the health of vulnerable populations.))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.

Any(((4))) regulatory(6) determinationNothing madein bythis thechapter departmentlimits underthe chapterauthority 70A.350of RCWthe department with regardrespect to lead in aluminum or brass cookware, cookware components, or utensils supersedesunder thechapter 9070A.350 partsRCW. per million limits established in this section.

NEW SECTION.

Sec.

3.

A new section is added to chapter 70A.565 RCW to read as follows:

As part of its implementation of this chapter, the department shall develop and make available guidance to manufacturers.

The guidance must address, at a minimum, covered items, available test methods for determining total lead content, the department's approach to compliance, and the department's testing procedure for enforcement purposes.