Washington, USA, Proposes Amendment to Its Lead in Cookware Prohibition

US state of Washinglon has proposed an amendment o the lead in cookware prohibition, including the exclusion of inaccessible componenls and cerlain apliancesOn March 28, 2024, the goveror of Washington state signed HB 1551 into law, becoming the first state in the nalion fo restict lead in cookware. This new lawcodified under Chapter 70A.565 RCW - bans cookware with a lead content above 5 ppm and will become effective on January 1, 2026.

On January 31. 2025, H8 1758 was inroduced to amend the state's exising ban on lead in cookware, Under this proposal, the most significant changes would includthe adition of utensils to the scope and the exclusion of inaccesible components and certain large applances from the scope. The efective date of January 1, 2026would remain.

Table 1 summarizes the proposed amendments

General cookware requirements
in this section, we cover vanious requirements from the Food and Drug Administraion (FDA)that apply to food conlac matenials in genera, including cookware.

21CFR Parti-General Enforcement Requlations

21 CFR Pant 1 covers general provisions eslablished under the Federal Food, Drug, and Cosmelic Ac,for diferent categonies of products such as fod, food conlaclmaterials, drugs, and cosmeics. However, in this article, we only iocus on requlrements that are relevant to cookware.

Product examples

Subpar D defnes "food conlact subslance’ as a subslance meant for use as a pant of matenals used to hold., manuiaclure, pack, packane, or transport foodThis also includes cookware products that are designed to hold food products, such as for example:
Saucepans
Skillets

Dutch ovens

ACE submissionACE flers are authonzed ersons who must submit an elecronic import enty for products that are FDA-regulated in the Automated Commercial Enronment (ACE) OotherEDl svstems that are authorzed by the CBP

Per 21 CFR Part 1.72, ACE filers should submit information that includes.
a.Product infomation.

FDA Country of Production

The Complete FDA Product Code
The Full ntended Use Code
b.lmporter's contact inforation (e.g.. telephone and email address)
21 CFR Part 174-Indirect Food Additives: General
21 CR Part 174 covers general provisions for indirect food additives. t also specifes the threshold for restricted substances that might be used in food contact
products,such as cookware.
Product examples
This part covers food contact products, which might include cookware such as.
Woks

Cooking pans
Soup pots
Good Manufacturing Practice

Per good manufacluring practices, food additive substances that might migrate to food from cookware should not

a. In the absence of specified limits, exceed reasonably required amounts to attain the desired efect on the food-contact product

b.ExceedFDA-prescribed limits.

c. Be meant to physically or technically afiect the food, except where permited by regulations in 21 CFR Parts 170 through 189.

Additionally, food additve substances used in products that are meant to be in contact with food should have a purly that is suitable for their intended use.

21 CFR Part 189-Substances Prohibited From Use In Human Food

2 CFR Part 189 ists subslances that are prohibiled from use in human food. Specificaly, Subpant D covers subslances that are banned from indirect adiion fromsurfaces that are meant to come into contact with food to food, Some of those substances might be relevant for cookware.

Product examples

As mentioned above, Subpart D covers provisions for substances that are banned from usage in food-contact surfaces, which might include cookware. Here we list some examples:

Frying pans

Anti-scald pans

Rubber spatulas

Requirements

Cookware manufacturers should adhere to the relevant substance prohibitions and ensure that their products don't contain substances such as those prohibited by CFR

Part 189.

This includes the following substances:

Flectol H

Lead solders

4,4'-Methylenebis (2-chloroanaline)

California Proposition 65

California Proposition 65 sets substance restrictions for consumer products sold in California. Restricted substances include lead, cadmium, mercury, and various phthalates. Lab testing is in practice required to verify compliance. Products that contain substances above the set limits may require warning labels.

Note that California Proposition 65 is not specific to cookware, but to consumer products in general.

ASTM standards

The American Society for Testing and Materials (ASTM) develops standards for a broad range of products, which might include cookware.

While these standards are generallyvoluntary-unless they are incorporated by reference inrelevant legislation-importers and manufacturersof cookware cansill use them to ensure their products'safety.

Here are two examples of standards relevant to cookware:

a. ASTM F2643- Standard Specification for Powered Pot, Pan and Utensil Washing Sinks

b. ASTM F1047 - Standard Specification for Frying and Braising Pans, Tilting Type

Lab testing

You should have your cookware lab tested to ensure that it does not contain restricted substances above the prescribed limitations. You might also need to subject your cookware to mechanical safety, or other types of tests.

When your cookware passes testing, you receive a test report proving your product's compliance with specific regulations (e.g,21CFR Part177) or standards (e.g.ASTM F2643).

Test methods

Here are three examples of test methods:

a. ASTM C895-87 - Standard Test Method for Lead and Cadmium Extracted from Glazed Ceramic Tile

b. ASTM C1607-12-Standard Test Method for Determination of "Microwave Safe for Reheating” for Ceramicware

c.ASTM C872-10- Standard Test Method for Lead and Cadmium Release from Porcelain Enamel Surfaces