Washington State Debates Strict Bill on Child Products

SEATTLE — Gov. Christine Gregoire of Washington is expected to sign a measure on Tuesday that would give the state some of the toughest rules in the nation restricting toxic materials used in children’s products, though it was unclear just how broad the measure would be.

The bill, called the Children’s Safe Products Act, addresses the use of lead, cadmium, phthalates and other materials. It could affect items as varied as crib mobiles, toy robots and child safety seats, and it would go further than a law enacted last year in California addressing phthalates, chemicals that help make plastics malleable.

Although the Washington bill passed the Democratic-controlled Legislature relatively easily last month, it has drawn increasing debate while the governor has considered whether to sign it. Ms. Gregoire, a Democrat seeking re-election this fall, has the authority to veto sections of bills, and proponents of the measure say they expect her to do one of the following: void some language, order state agencies to carry out the law with specific exceptions or demand that the Legislature make revisions before it becomes effective in 2009. Lawmakers have said they would be willing to do so.

The governor’s office would not confirm what alterations Ms. Gregoire might make. Advocates said they believed the governor would reject language that could ban some safety seats or toys that have lead in largely unreachable areas, like electrical components.

“We’re willing to let that go, given that the lead standards would still apply to a huge number of toys,” said Ivy Sager-Rosenthal, an environmental health advocate for the Washington Toxics Coalition.

Ms. Sager-Rosenthal estimated that up to 20 percent of the toys sold in the state could be banned under the new law. Supporters also include the Washington chapter of the American Academy of Pediatrics.

Toy industry representatives say the measure would sharply reduce the toys available for sale.

“We’re talking like beach balls and stuff like that,” said Rob Herriott, director of international relations and regulatory affairs for the Toy Industry Association, “anything you can think of that’s soft and pliable.”

Mr. Herriott said toys that had external power adapters could also be affected.

Industry officials say legislation now before Congress is more realistic regarding lead found in electrical components, but advocates of the bill say states must take action because the federal government has yet to do so. About a dozen states have some form of legislation pending.

“Most people think all these chemicals are being tested like drugs, and they’re not,” said Andy Igrejas, manager of the environmental health program for the Pew Environment Group in Washington, D.C.

In Washington State, the bill has left some in the toy business torn.

Allen Rickert, the owner of Top Ten Toys, a Seattle store that is one of the largest independent toy stores in the state, said he initially testified before the Legislature on behalf of increased restrictions but later became concerned that the bill was too broad. Last week he was among a group that met with the governor to express opposition.

In an interview, he held up a build-it-yourself robot, intended for children 10 and older, that includes small metal parts and wiring that has to be assembled. He said the toy could be banned under the law.

“Are we ready to infantize 10-year-olds?” he said.

Mr. Rickert noted his store’s green credentials, pointing to a box of 100 percent recycled paper next to his desk. His store has several toy recall notices posted around the front door.

Yet of the 25,000 products he sells, he said, about 25 percent were not labeled as having met European standards for child safety, a threshold stricter than United States standards but less than what the state bill proposes.

“There’s a lot of mom-and-pop toy stores that think of themselves as environmentalists,” he said, “and they are very frustrated that they feel forced to oppose this legislation.”