Agriculture/PFAS chemicals

AN ACT Relating to evaluating the use of PFAS chemicals in 1
agriculture; amending RCW 43.23.110 and 15.54.436; adding a new 2
section to chapter 15.54 RCW; adding a new section to chapter 15.58 3
RCW; and creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that the federal 6
government approves pesticides known to contain perfluoroalkyl and 7
polyfluoroalkyl substances, also known as PFAS chemicals, as active 8
ingredients for use in certain agricultural applications. The 9
legislature further finds that these chemicals have been known to 10
remain in the environment for long periods of time and negatively 11
impact human health, and are thus sometimes referred to as "forever 12
chemicals." Recognizing that protecting the safety of Washington's 13
agricultural crops is critical to ensuring food security, the 14
legislature intends to direct the department of agriculture to 15
evaluate fertilizer and pesticide products that may be used in 16
agricultural production, and establish evaluation criteria for the 17
registration of products with PFAS chemicals as active ingredients.18
Sec. 2. RCW 43.23.110 and 2009 c 549 s 5105 are each amended to 19
read as follows: 20
H-2722.1
HOUSE BILL 2279
State of Washington 69th Legislature 2026 Regular Session
By Representatives Parshley, Reeves, Berry, Reed, Ramel, Duerr,
Doglio, Gregerson, Jacobsen, and Fosse
Prefiled 01/06/26. Read first time 01/12/26. Referred to Committee
on Agriculture & Natural Resources.
p. 1 HB 2279
(1)(a) The director of agriculture shall exercise all powers and 1
perform all duties prescribed by law with respect to grains, grain 2
and hay products, grain and terminal warehouses, commercial feeds, 3
commercial fertilizers, and chemical pesticides. 4
(b) He or she shall enforce and supervise the administration of 5
all laws relating to grains, grain and hay products, grain and 6
terminal warehouses, commercial feeds, commercial fertilizers, and 7
chemical pesticides. 8
(2) The department shall establish a program to evaluate the use 9
of PFAS chemicals, as defined in RCW 70A.350.010, in fertilizers and 10
pesticides regulated by the department under chapters 15.54 and 15.58 11
RCW.12
NEW SECTION. Sec. 3. A new section is added to chapter 15.54 13
RCW to read as follows: 14
(1) By December 31, 2026, the department shall establish criteria 15
for evaluating PFAS chemicals, as defined in RCW 70A.350.010, in 16
fertilizers regulated under this chapter. The criteria must include 17
conditions for the director to refuse or cancel the registration of a 18
fertilizer consistent with RCW 15.54.436. 19
(2) Beginning December 31, 2027, the department shall review all 20
fertilizer registrations in accordance with the criteria established 21
pursuant to subsection (1) of this section. The director may refuse 22
or cancel a registration, consistent with the process established in 23
RCW 15.54.436, for a product that contains PFAS chemicals.24
Sec. 4. RCW 15.54.436 and 1998 c 36 s 10 are each amended to 25
read as follows: 26
The department may cancel the license to distribute commercial 27
fertilizer or registration of any commercial fertilizer product or 28
refuse to license a distributor or register any commercial fertilizer 29
product as provided in this chapter due to: 30
(1) An incomplete or insufficient license or registration 31
application; 32
(2) The misbranding or adulteration of a commercial fertilizer; 33
((or))34
(3) The presence of PFAS chemicals that do not meet the criteria 35
established by the director in section 3 of this act;36
(4) A violation of this chapter or rules adopted under this 37
chapter. 38
p. 2 HB 2279
If the department cancels or refuses to renew an existing license 1
or registration due to the misbranding or adulteration of a 2
commercial fertilizer or due to a violation of this chapter or a rule 3
adopted hereunder, the licensee/registrant or applicant may request a 4
hearing as provided for in chapter 34.05 RCW. 5
NEW SECTION. Sec. 5. A new section is added to chapter 15.58 6
RCW to read as follows: 7
(1) By December 31, 2026, the department shall establish criteria 8
for evaluating PFAS chemicals, as defined in RCW 70A.350.010, in 9
pesticides regulated under this chapter. The criteria must include 10
conditions for the director to refuse or cancel the registration of a 11
pesticide consistent with RCW 15.58.110. 12
(2) Beginning December 31, 2027, the department shall review new 13
pesticide registrations in accordance with the criteria established 14
pursuant to subsection (1) of this section. The director may refuse 15
or cancel a registration, consistent with the process established in 16
RCW 15.58.110, for a pesticide product that contains PFAS chemicals.17
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p. 3 HB 2279