[Home](/)/[Resources](/resources)/State Chemical Laws United StatesChemicalsState Laws # US State Chemical Restrictions Beyond Prop 65: Maine, Washington, Oregon, New York California Prop 65 gets the headlines, but four other US states have enacted enforceable chemical restriction and reporting laws for children's products that directly affect electronics manufacturers and importers. Maine's TCPA, Washington's CSPA, Oregon's Toxic Free Kids Act, and New York's CSPA each carry independent reporting obligations, annual deadlines, and civil penalties — and all four align with the EU REACH SVHC candidate list, giving globally-minded compliance teams a single chemical framework that satisfies all of them. Copy Link[Share on WhatsApp](https://wa.me/?text=https%3A%2F%2Fkrono-labs.com%2Fguides%2Fus-state-chemical-laws-beyond-prop65) At a glance States with active laws ME, WA, OR, NY Key reporting deadline Jan 31 (WA annual) Common priority chemicals SVHC candidate list Federal preemption risk Low — no full preemption ## Key frameworks and what they require ### Maine Toxic Chemicals in Children's Products Act (TCPA) Maine's TCPA requires manufacturers of children's products sold in Maine to report Priority Chemicals by January 1 of even-numbered years. Priority Chemicals align closely with the EU SVHC candidate list. The Maine DEP maintains the list under the Toxic Use Reduction Act (TURA) framework. Reporting obligations apply if the chemical is present above 100 ppm (0.01% by weight) in a component or the whole article. Failure to report carries civil penalties of up to $25,000 per day per violation under 38 M.R.S.A. § 1699-B. ### Washington Children's Safe Products Act (CSPA) Washington Ecology maintains the Chemicals of High Concern to Children (CHCC) list — over 80 substances including phthalates, flame retardants, and heavy metals. Manufacturers of children's products sold in Washington must report to Ecology by January 31 annually if a CHCC substance is intentionally added, or present above 100 ppm. The reporting portal is WA Ecology's CSPA online system. Non-compliance penalties reach $5,000 per day under RCW 70A.430. ### Oregon Toxic Free Kids Act Oregon DEQ administers a priority chemicals list for children's products. Reporting thresholds generally mirror Washington: 100 ppm for most substances. Oregon requires biennial reporting — manufacturers submit every two years. The state can designate any chemical on the EPA TSCA work plan or IARC Group 1/2A as a priority chemical. Oregon's list also overlaps significantly with the EU REACH SVHC candidate list, meaning EU RoHS/REACH compliance data is directly reusable. ### New York Child Safe Products Act (CSPA) New York's CSPA (enacted 2021, phased implementation) established a Priority Chemicals list modeled closely on the EU SVHC candidate list and Washington's CHCC. NYSDEC administers reporting. The law covers children's products sold in New York and requires manufacturers to notify NYSDEC and retailers when a priority chemical is present. NY CSPA explicitly references EU REACH Article 59 as a harmonization benchmark — chemical dossiers prepared for EU markets often satisfy NY notification requirements. ### TSCA Federal Preemption Limits (Section 18) TSCA § 18 limits state chemical regulations in specific ways: states cannot impose requirements 'with respect to a chemical substance or mixture' where EPA has issued a TSCA rule under Sections 4, 6, or 7, unless the state requirement is identical to the federal rule or the state obtains a waiver. However, courts have interpreted § 18 narrowly — state children's product disclosure and reporting laws have generally survived preemption challenges because they operate as transparency mandates, not outright bans. No state children's product chemical law has been fully preempted as of 2025. ### EU SVHC Harmonization Opportunity Maine, Washington, Oregon, and New York all reference or mirror the EU REACH SVHC (Substances of Very High Concern) candidate list maintained by ECHA under REACH Article 59. Companies already complying with EU REACH Article 33 (the 0.1% SVHC disclosure obligation to downstream users) have most of the substance identification and supply chain data needed for US state reporting. The practical implication: a global SVHC tracking program built for EU compliance provides the foundation for multi-state US compliance at marginal additional cost. ## Multi-state chemical compliance process 01 Determine if the product qualifies as a 'children's product' under each state's definition — Maine defines it as a product designed or intended primarily for use by children 12 and under; Washington, Oregon, and New York use substantially similar language. Industrial, medical, and professional-only products generally fall outside scope. 02 Map the product's full Bill of Materials (BOM) against each state's priority chemicals list. Maine and Washington lists are publicly available from their respective DEP/Ecology portals. Cross-reference with the EU REACH SVHC candidate list, which overlaps significantly with all four state lists. 03 Determine applicable reporting thresholds. The general threshold is 100 ppm (0.01% by weight) in any homogeneous material or component for intentionally added chemicals. Some substances — particularly lead, cadmium, and mercury — carry lower action levels under parallel federal standards (CPSIA § 101 limits lead in children's products to 100 ppm in substrate). 04 Calendar annual reporting deadlines. Washington: January 31 each year. Maine: January 1 of even-numbered years (biennial). Oregon: biennial cycle per DEQ schedule. New York: initial notification upon first sale in NY if priority chemical is present, then annual updates as required. 05 Prepare and submit state-specific reports through each state's online portal. Washington uses Ecology's CSPA reporting system. Maine uses the DEP online reporting portal. Keep records of all submissions — audit and enforcement inquiries typically look back 3–5 years. 06 Evaluate chemical substitution if a substance appears on multiple state lists and the EU SVHC list simultaneously — this is the signal that regulatory pressure is converging globally. Conduct a GreenScreen or comparative hazard assessment before committing to alternatives. 07 Track emerging state legislation. Connecticut, Vermont, and Illinois are actively advancing children's product chemical disclosure bills as of 2025. A compliance program built on the Maine/Washington/Oregon/NY framework will adapt to these states with minimal rework — the SVHC candidate list provides the common chemical backbone. ## Frequently asked questions ### Which states besides California have chemical restriction laws for electronics? Maine, Washington, Oregon, and New York all have active children's product chemical reporting laws that can apply to electronics designed for children. Maine's TCPA, Washington's CSPA, Oregon's Toxic Free Kids Act, and New York's CSPA each maintain priority chemicals lists and require manufacturers to report or disclose when those chemicals are present above threshold levels — typically 100 ppm. Connecticut, Vermont, and Illinois are advancing similar legislation as of 2025. Unlike California Prop 65 (which is a warning-label law), these state laws are primarily manufacturer reporting and disclosure frameworks. ### Do Washington and Maine children's product laws apply to products sold nationally? Yes — the laws are triggered by sale or distribution of products within each state, not by where the manufacturer is located. A company headquartered in Germany selling a children's electronic product through US retail channels that reaches Maine or Washington consumers is subject to those states' reporting obligations if a priority chemical is present above the reporting threshold. In practice, if a product is distributed nationally through major retail or e-commerce, all four state reporting obligations apply because achieving selective state-by-state exclusion is commercially impractical. ### How does TSCA federal preemption affect state chemical laws? TSCA § 18 preempts state laws that impose requirements 'with respect to a chemical substance or mixture' covered by an EPA rule under TSCA Sections 4, 6, or 7 — unless the state rule is identical to the federal rule or the state obtains a waiver from EPA. However, state children's product chemical reporting laws have consistently survived preemption challenges because they are framed as transparency and disclosure mandates rather than outright bans or use restrictions. Federal courts have generally held that a reporting obligation is not the same as a 'requirement with respect to' a chemical in the TSCA § 18 sense. No state children's product chemical disclosure law has been fully preempted as of 2025. ### Can one compliance program cover all state chemical laws? Yes, and it's the most efficient approach. The EU REACH SVHC candidate list is the common reference point for Maine, Washington, Oregon, and New York priority chemicals lists — all four states explicitly draw from or mirror ECHA's list. A company that already maintains substance-level Bill of Materials data for EU REACH Article 33 compliance has the core chemical identification data needed for all four state programs. The incremental work is mapping that data to each state's specific reporting format and calendar, and registering with each state's online portal. A single global BOM database with SVHC tracking is the recommended infrastructure. **Disclaimer:** Educational resource only. Regulatory requirements change frequently. Consult a licensed US customs broker, trade attorney, or compliance specialist before making decisions. 🇺🇸 US roadmap for your product Every standard, document, and test that applies — free, no account required. 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