| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to evaluating the use of PFAS chemicals in agriculture; |
| Bill Description | Evaluating the use of PFAS chemicals in agriculture. |
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What this bill does
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This bill directs the Washington State Department of Agriculture (WSDA) to create a program and adopt criteria to evaluate the use of PFAS chemicals in fertilizers and pesticides regulated under chapters 15.54 and 15.58 RCW. It amends RCW 43.23.110, adds new sections to chapters 15.54 and 15.58, and sets deadlines: WSDA must adopt evaluation criteria for both fertilizers and pesticides by December 31, 2026, must review all fertilizer registrations against those criteria beginning December 31, 2027, and must begin reviewing new pesticide registrations against the criteria beginning December 31, 2027.
The bill changes existing law by adding the presence of PFAS that do not meet director-established criteria as a specific ground for refusal or cancellation of commercial fertilizer licenses/registrations under RCW 15.54.436 and authorizes the director to refuse or cancel fertilizer or pesticide registrations that contain PFAS inconsistent with the criteria, using the cancellation/refusal processes in RCW 15.54.436 and RCW 15.58.110. These are procedural and regulatory changes that create new review obligations for WSDA and add an explicit ground for regulatory action against registrations and licenses.
The text references the statutory definition of PFAS in RCW 70A.350.010 but does not include that definition, and it does not specify the content of the criteria WSDA must adopt. It is also unclear from the provided text whether hearing rights described elsewhere (for example in RCW 15.54.436 or chapter 34.05 RCW) apply specifically to cancellations or refusals based on the PFAS criteria, and it is not stated whether existing pesticide registrations (as opposed to new registrations) will be reviewed beginning December 31, 2027.
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Why it matters
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If enacted, the Department of Agriculture must write rules by December 31, 2026 about what PFAS levels or types are allowed in fertilizers and pesticides, and starting December 31, 2027 the department will check fertilizer registrations and any new pesticide registrations against those rules and can refuse or cancel registrations that don’t meet the standard. The most affected people and businesses are fertilizer and pesticide makers, registrants, and distributors, who will likely face testing, reformulation, relabeling, or removal of products from the Washington market and associated compliance costs; the department will also need staff and resources to develop the criteria and carry out reviews and cancellations.
Key details are missing that affect how big those impacts will be: the bill points to a PFAS definition elsewhere but doesn’t include it here, it does not say what the new criteria will be, it’s unclear whether existing pesticide registrations will be reviewed after 2027, and it’s not clear how hearing rights apply specifically to PFAS-based cancellations or refusals. These gaps mean companies and the agency will have some uncertainty about timing, costs, and procedural protections until the department issues the criteria and guidance.
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| Official Documents | View Full Bill Text |
| Hearing | House Agriculture & Natural Resources (Public) |