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.
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.
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.
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.
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).
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.
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.
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.
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.
In 2023, Washington Legislature passed the Toxic-Free Cosmetics Act (TFCA) (Chapter 70A.560 RCW) to improve cosmetic and personal care product safety and protect Washington’s residents and environment from toxic chemicals.
TFCA restricts the manufacture, distribution, and sale of cosmetic products that contain certain toxic chemicals within Washington. It also directs Ecology to:
Evaluate the hazards of chemicals with the same function as restricted chemicals that may be safer.
Provide technical support to small businesses that make or use cosmetic products.
Identify and then conduct a rulemaking to restrict chemicals that release formaldehyde.
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.