The Department of Ecology will use this site to share information and draft documents with interested parties as we implement Chapter 70A.560 Revised Code of Washington (RCW), the Toxic-Free Cosmetics Act.

• Subscribe to the Toxic-Free Cosmetics email list.
• Contact us at ToxicFreeCosmetics@ecy.wa.gov.
• Visit the Toxic-Free Cosmetics Act (TFCA) webpage.

We're proposing restrictions to make cosmetic products safer. Our proposed rule restricts formaldehyde and formaldehyde releasers intentionally used in cosmetic products. We defined "intentionally added" to clarify restrictions on the toxic chemicals in the Toxic-Free Cosmetics Act (RCW 70A.560.020). If adopted, the restrictions would take effect on January 1, 2027. 

The restrictions in the proposed rule and in the Toxic Free Cosmetics Act: 

• Affect cosmetics manufacturers, distributors, retailers, and cosmetology businesses operating in Washington State.
• Apply to cosmetic products used in services, sold online, and in stores.

Draft documents available for comment

• Proposed Rule: Includes draft requirements such as restrictions on intentionally added formaldehyde and formaldehyde releasers. 
• Draft Implementation Plan: Describes rulemaking and other efforts to make cosmetic products safer and to protect Washington residents, particularly people with higher toxic exposures. 
• Preliminary Regulatory Analyses: Explains potential costs and benefits of the proposed rule. 
• Draft SEPA Determination of Non-Significance and Environmental Checklist: Describes potential environmental benefits of the proposed rule. 

Provide comments

You can inform the final rule and rulemaking documents by: 

• Submitting comments online from February 6, 2025 at 12:00 a.m. (PST) until April 11, 2025, at 11:59 p.m. (PST).
• Mail comments to Stacey Callaway, WA Department of Ecology, PO Box 47600, Olympia WA 98504-7600. Submissions must be postmarked by April 11, 2025.

Submit verbal comments at an online public hearing. You're welcome to attend both.

• March 31, 2025, at 10:00 a.m. PST (register for the online hearing).
• April 1, 2025, at 5:30 p.m. PST (register for the online hearing).
• Review our presentation materials.

 If you need information in another language please contact us at ToxicFreeCosmetics@ecy.wa.gov by March 19, 2025. 

Next steps: After the comment period, we will review comments, consider revisions to the proposed rule, and respond to comments. We expect to decide on rule adoption in August 2025. 

Summer 2024 webinars

On July 23, 2024, 9 a.m. we presented a preliminary draft rule to restrict formaldehyde-releasing chemicals in cosmetics and personal care products and answered questions.

• Review the slide deck for the July 23 webinar
• Review the preliminary draft rule language.

June 11, 2024, 9 a.m. Attendees learned about the Toxic-Free Cosmetics Act, asked questions, provided feedback on the act and shared thoughts on potential draft rule requirements. 

• Review the slide deck for the June 11 webinar.
• Review the list of preliminary formaldehyde releasers.

We held an informal public comment period, May 22 - Aug. 13, 2024

To gather information on our efforts to implement the Toxic-Free Cosmetics Act (TFCA) and preliminary draft rule requirements for the cosmetics rulemaking we held an informal comment period from May 22-Aug 13, 2024. We heard from manufacturers, the public, cosmetologists, and cosmetic businesses, associations, and organizations. Your comments will help inform our implementation efforts and elements of the preliminary draft rule.

Rulemaking announcement, May 22, 2024

The Washington Department of Ecology (Ecology) started a rulemaking to develop a new chapter in the Washington Administrative Code (WAC): Chapter 173-339 WAC—Cosmetic Products Restrictions.

Under the authority of Chapter 70A.560 RCW (Toxic-Free Cosmetics Act), Ecology may adopt a rule that identifies chemicals used in cosmetic products that release formaldehyde (formaldehyde releasers) and adopt restrictions for the identified formaldehyde releasers. 

• Visit the rulemaking webpage for more information.
• Read our May 22, 2024 news release.

The Washington Department of Ecology (Ecology) started a rulemaking under the authority of Chapter 70A.560 RCW: Toxic-Free Cosmetics Act, to identify a feasible approach to regulating lead in cosmetic products, including potentially adopting a different limit on lead impurities than the statutory limit of 1 part per million (ppm). 

• Visit our Lead in Cosmetics rulemaking page for more information.

Interim policy on lead restrictions in TFCA

Our agency has committed to take interim policy action by January 1, 2025, to give manufacturers more time to comply with the lead restriction and to give us more time to collect information. 

While the Interim Policy on Lead-in-Cosmetics remains in effect, we will use enforcement discretion and will not enforce against cosmetic products exceeding the 1 part per million (ppm) lead restriction for companies who comply with the interim policy. 

Manufacturers choosing to use the interim policy must notify Ecology. Every week, we will document the names of companies who notify us in this summary document, Notification Form: Interim Policy on Lead-in-Cosmetics. Distributors, retailers, and cosmetologists may use the summary document to verify which manufacturers choose to use the interim policy. 

• See our November 2024 bulletin for additional information.
• Interim Policy on Lead in Cosmetics.
• Notification Form: Interim Policy on Lead-in-Cosmetics
  • Interim Policy Form responses
  • Preview the form in the Notification Form Summary: Interim Policy on Lead in Cosmetics. 

Our new resource, Toxic-Free Cosmetics Act Compliance & Outreach Questions and Answers, summarizes responses to questions we've received about compliance and outreach. Translations available: Amharic, Arabic, Khmer, Somali, Spanish

If you produce, manufacture, import, distribute, or sell cosmetic products (including through e-commerce), the Toxic-Free Cosmetics Act Guide: Restrictions for Cosmetics Industry & Sellers is for you. It explains which chemicals are restricted and when restrictions begin. It'll help you assess your supply chain and determine if these chemicals are in your products. 

• See the frequently asked questions (FAQ) section of our webpage to learn about the assessments we conducted.
• Review assessment reports on the Interstate Chemicals Clearinghouse Chemical Hazard Assessment Database.
• Review our criteria for safer certifications in Appendices E and F of the Regulatory Determinations Report to the Legislature: Safer Products for Washington Cycle 1 Implementation Phase 3
• Visit the safer cosmetics certification subsidy program webpage.

Learn more on our website

• Toxic-Free Cosmetics Act
• Guidance for cosmetologists
• Cosmetics replacement program for small businesses
• Cosmetics manufacturer support
• Safer product certification subsidy program
• Rulemaking: Formaldehyde in Cosmetics (Chaper 173-339 WAC)
• Rulemaking: Lead in Cosmetics (Chapter 173-339 WAC)

Blogs & news releases

• Feb. 6, 2025 news release: State moves to ban known carcinogen in cosmetics (formaldehyde in cosmetics - rule proposal)
• May 22, 2024 news release: New rulemaking effort aims to keep toxics out of cosmetics (formaldehyde in cosmetics - rule announcement)
• May 1, 2024 blog: Safer cosmetics are coming to a store near you. Here’s what’s happening and why it matters

Related reports

• Report: Chemicals in Cosmetics Used by Washington Residents
• Report: Chemicals in Cosmetics Used by Washington Residents: Phase Two Results

Handouts

• Let's Make Salon Products Safer for You and Your Clients
• Take the Detective Work Out of Choosing Safer Cosmetics (facts on chemicals restricted by TFCA)
• Chemical Facts for Cosmetologists: Formaldehyde & Formaldehyde Releasers
• • Translations: Spanish, Khmer, Vietnamese
• A New Washington Law Could Impact You and Your Family
• A New Washington Law Could Impact Your Business
• How Can Apps Help Me Find Safer Products?
• Self-Care and You: Color and Learn
  • Translation: Spanish
• Keeping Your Home and Family Healthy: Reduce Your Exposure to Phthalates
• Keeping your Home and Family Healthy: Reduce your exposure to PFAS
• Keeping Your Home and Family Healthy: Reduce Your Exposure to Harmful Chemicals in Self-Care Products
  • Translations: Arabic, Amharic, French, Russian, Samoan, Spanish, Khmer, Korean, Tagalog, Ukrainian, Vietnamese
• 2022 Safer Personal Care Products Workshops

Videos

• Video: Buy certified products
• Video: Tips to reduce your exposure to formaldehyde
• Video: Reducing toxic chemicals in your self-care routine
• Video: What's TFCA? Get ready with me

Health equity and environmental justice

• Chapter 70A.02 RCW-Environmental Justice
• Washington State Office of Equity
• Washington State Department of Ecology Environmental Justice
• Washington State Department of Health Environmental Justice

TFCA updates

To receive updates by email, subscribe to the Toxic-Free Cosmetics email list.

• Formaldehyde in Cosmetics Rulemaking: February 2025 rule proposal
• Toxic-Free Cosmetics Act: January 2025
• Lead in Cosmetics Rulemaking: Notice to Interested Parties (December 2024) 
• Toxic-Free Cosmetics Act: November 2024
• Toxic-Free Cosmetics Act (TFCA) rulemaking webinar message: July 2024
• Toxic-Free Cosmetics: June 2024
• Cosmetics Rulemaking: Notice to Interested Parties
• Toxic-Free Cosmetics: April 2024

ADA Accessibility

The Department of Ecology is committed to providing people with disabilities access to information and services by meeting or exceeding the requirements of the Americans with Disabilities Act (ADA), Section 504 and 508 of the Rehabilitation Act, and Washington State Policy #188. To request an ADA accommodation, contact Ecology by phone at 360-407-6700 or email at hwtrpubs@ecy.wa.gov. For Washington Relay Service or TTY call 711 or 877-833-6341. Visit Ecology’s website for more information.