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Department of Ecology
Committees, Boards, and Workgroups

Toxic Free Cosmetics

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.

Formaldehyde in Cosmetics Rulemaking

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

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.

 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. 

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. 

Lead-in-cosmetics rulemaking

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). 

Compliance and outreach FAQ

Our new resource, Toxic-Free Cosmetics Act Compliance & Outreach Questions and Answers, summarizes responses to questions we've received about compliance and outreach. 

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. 

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. 

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. 

About the Toxic-Free Cosmetics Act

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.

Learn more on our website

Blogs & news releases

Related reports

Resources

TFCA updates

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

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.

Documents

 File NameFile SizeDescriptionCategoryDate Added
2025_Feb14-InterimPolicyFormResponses.xlsx 346.3 KB Lead Interim Policy Form Responses
Lead Interim Policy Form Responses
None 02/14/25 12:35 PM
NotificationFormSummary_ADA.pdf 139.2 KB Preview the form in the Notification Form Summary:...
Preview the form in the Notification Form Summary: Interim Policy on Lead in Cosmetics.
None 01/16/25 03:45 PM
TFCA_Webinar_ 2024_07-23.pdf 2.5 MB Presentation slides for TFCA July 23 2024 webinar
Presentation slides for TFCA July 23 2024 webinar
Rulemaking 07/22/24 06:48 PM
TFCA_PrelimDraftRule_2024-07.pdf 272.9 KB Preliminary draft rule language
Preliminary draft rule language
Rulemaking 07/22/24 04:26 PM
11June2024-TFCA-webinarSlides.pdf 3.5 MB Presentation slides for TFCA June 11 2024 webinar
Presentation slides for TFCA June 11 2024 webinar
None 06/07/24 05:01 PM
TFCA-Rulemaking-FormaldehydeReleasersList.pdf 297.7 KB List of formaldehyde-releasing chemicals
List of formaldehyde-releasing chemicals
None 06/07/24 05:00 PM

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