Suppliers of cosmetics in California are now required to declare allergens and designated chemical ingredients to the Division of Environmental and Occupational Disease Control (DEODC). The new Act also requires the DEODC to create a database of these substances and their associated hazards.
In September 2020, the US state of California signed into law SB-312, the ‘Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020’. The intent of this legislation is to reduce the risk to public health from exposure to harmful chemicals and provide consumers and salon workers with ingredient information so they can make more informed purchasing decisions.
As of January 1, 2022, manufacturers who distribute cosmetics in the state of California are required to disclose any fragrance and flavor ingredients used in their cosmetic products that are (A) fragrance allergens and (B) included on the designated right to know list of chemicals.
If allergens and/or designated chemicals are present, the following information must be reported to the DEODC, part of the State Department of Public Health:
- Each fragrance and flavor chemical present in the cosmetic product that is included on a designated list, as defined in Section 3, Part (a), Paragraph (2), (A) through (V) of the act
- Each fragrance allergen listed under Annex III of (EC) 1223/2009 Cosmetic Regulation in EU, and whether it is at a concentration at or above 0.01% (100ppm) for rinse-off products or 0.001% (10ppm) for leave-on products
- Specify whether it is a cosmetic product for professional cosmetic use or retail cosmetic use
- Chemical Abstracts Service (CAS) number for each ingredient or allergen that requires disclosure
- Universal Product Code (UPC) of the cosmetic product
To protect trade secrets, disclosure of the percentage by weight of the concerned ingredient is not required.
As of January 1, 2022, the DEODC will post the following information in the form of a database:
- A list of the fragrance and/or flavor ingredients that are included on the designated list
- The health hazard associated with each fragrance ingredient or flavor ingredient
To assist companies with reporting, the California Department of Public Health has updated the reportable ingredient list to include SB 312 fragrance and flavor ingredients. Companies have six months to comply and disclose an ingredient following its inclusion on the reportable ingredient list from the designated list. This will be either from the date of adoption by the authority or when the revised list becomes effective, whichever is later.
- Newsletter from the California Governor – Governor Newsom Signs Legislation Making California First in the Nation to Ban Toxic Chemicals in Cosmetics https://www.gov.ca.gov/2020/09/30/governor-newsom-signs-legislation-making-california-first-in-the-nation-to-ban-toxic-chemicals-in-cosmetics/
- SB-312 Cosmetic Fragrance and Flavor Ingredient Right ot Know Act of 2020https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB312
- California Safe Cosmetics Program Reportable List https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/CSCP/Pages/SB312.aspx
Senior Technical Manager