Gov. Bob Ferguson signed a bill sponsored by Sen. Jeff Wilson, R-Longview, on Monday, May 19, launching a testing program to identify forever chemicals in the state’s food supply.
Senate Bill 5033 will institute statewide testing requirements for biosolids used as fertilizer for a group of chemicals commonly referred to as per- or polyfluoroalkyl substances (PFAS), or “forever chemicals.”
The term biosolids refers to nutrient rich organic substances yielded from domestic sewage treatment. In other words — human waste.
“This bill shows we are taking the problem seriously,” Wilson said. “PFAS compounds don’t break down and they can’t be remediated like other chemicals. We need to find ways to keep them out of our food supply, and the first thing we need to do is to determine whether contamination is a problem when biosolids are used as fertilizer for crops destined for human consumption.”
The PFAS, or, more specifically, perfluoroalkyl and polyfluoroalkyl compounds, are used in carpets, nonstick cookware, fire retardant foams and a variety of other common items.
The new law requires any facilities that produce biosolids to test the materials for the presence of the relevant chemicals under the guidance of the Washington State Department of Ecology. The department will also be responsible for creating an advisory committee with relevant professionals from the farming industry, toxicology and other relevant disciplines by September 30, 2028, and filing a legislative report by July 1, 2029.
According to Wilson, the writing of the new law was prompted by recent changes at the federal Environmental Protection Agency, which has classified two PFAS compounds as hazardous and set contamination limits for drinking water. The agency also said that the compounds could pose a risk when contaminating sewage used as fertilizer.
The bill received unanimous support from the Washington state Legislature and will go into effect July 27, 90 days after the end of the 2025 legislative session.
