Chapter 173-339 WAC – Cosmetic Products Restrictions

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. Ecology is conducting this rulemaking to:

  • Make cosmetics safer for consumers and the environment.
  • Reduce consumers’ and workers’ exposure to formaldehyde.
  • Address the disproportionate harms caused by cosmetic products in overburdened communities and vulnerable populations.
  • Reduce the amount of formaldehyde entering the environment.

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. This rule may include:

  • Restrictions that apply to the use of specified formaldehyde releasers used in cosmetic products.
  • Allowances for products currently in the chain of commerce—stockpiled or available for purchase.
  • Compliance schedules.
  • Definitions of key terms such as “intentionally added.”
  • Other requirements or restrictions allowed by law.

Rulemaking timeline

Timeline

Announcement phase (CR-101)

Filing date:
May 22, 2024


Announcement documents

Rule development phase

June 2024 – Sept. 2024

Public input & involvement

Events and informational webinars

Date Event Presentation materials
July 23, 2024 – 9 a.m. Online webinar July 23 TFCA webinar presentation
June 11, 2024 – 9 a.m. Online webinar June 11 TFCA webinar presentation

Public comment period(s)

Informal public comment period: May 22, 2024 (9:00 am) to Aug. 13, 2024 (11:59 pm).

Expected timeline of future events

As we schedule additional opportunities to provide feedback and participate in workshops, we will share details on our webpages and via our email list.

Draft rule language

Below is the most updated draft of the rule language:

Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean) русский (Russian) український (Ukrainian)

Accessibility

To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.