Tech Watch: Washington State Lead Limits in Aluminium and Brass Cookware and Utensils (SB 5628)
On 13 May 2025, Washington Governor Bob Ferguson signed into law Senate Bill 5628, amending state law Chapter 70A.565 RCW to restrict the allowable lead content in aluminium and brass cookware, components, and utensils. The law is designed to address lead exposure risks associated with imported or recycled cookware and utensils that disproportionately affect vulnerable populations.
The legislation limits the scope specifically to aluminium and brass materials used in food-contact cookware and utensils, establishing phased lead limits beginning in 2026.
Key Definitions
- Aluminium or Brass Cookware
Items made of aluminium or brass used for cooking food, including pots, pans, kettles, griddles, grills, and internal pots for appliances like rice cookers or pressure cookers.
Excludes: - Items with an internal aluminium or brass layer completely enclosed by stainless steel
- The body of electronic cooking devices (e.g., rice cookers, slow cookers) with removable aluminium or brass cooking containers.
- Aluminium or Brass Cookware Component
Includes cookware parts such as lids, rivets, fasteners, valves, and vent pipes made from aluminium or brass. - Aluminium or Brass Utensils
Food preparation and serving tools like knives, forks, spoons, and spatulas, made from aluminium or brass—unless completely enclosed by stainless steel.
Lead Content Limits and Compliance Dates
- For Manufacturers
- 1 January 2026: Prohibited from manufacturing, selling, offering for sale, or distributing aluminium or brass cookware, utensils, or components with lead or lead compounds at a level of more than 90 ppm.
- 1 January 2028: 90 ppm limit lowered to 10 ppm.
- For Retailers and Wholesalers
- 1 January 2026: Prohibited from knowingly selling or offering for sale items with lead or lead compounds at a level of more than 90 ppm.
- 1 January 2028: 90 ppm limit lowered to 10 ppm.
- Retailer/Wholesaler Liability: Not liable under this law if sales were made unknowingly (i.e., without knowledge of noncompliance).
Exemptions
- Previously Owned Items: The sale or purchase of aluminium or brass cookware, utensils, or components that contain lead is exempt if:
- Conducted as casual or isolated sales (as defined in RCW 82.04.040), or
- Sold by a nonprofit organisation.
Future Revisions to Lead Limits
- After December 2030, the Washington State Department of Ecology, in consultation with the Department of Health, may lower the 10 ppm limit if:
- A lower threshold is technologically feasible for manufacturers, and
- It is necessary to protect human health, particularly for vulnerable populations.
Reference
Enquiry
For questions and additional information, please contact Dr. Pratik Ichhaporia (pratik.ichhaporia@cpt.eurofinsus.com,+1-669-837-2257) or David Hong (David.Hong@cpt.eurofinscn.com).