Toxic-Free Cosmetics Act compliance

Because TFCA (Chapter 70A.560 RCW) doesn’t define the term “intentionally added,” we intend to define it through rulemaking. The proposed rule (Chapter 173-339 WAC) defines "intentionally added chemical" or "intentionally added" as a chemical that serves an intended function in:

• The final product.
• The manufacturing of the product.
• An ingredient in the final product.

If we adopt this definition through rulemaking, then some chemicals that are currently not required by the Federal Drug Administration (FDA) to be listed on the label, such as fragrance formulations (e.g., fragrance fixatives) and preservatives added to raw materials, would meet the definition of “intentionally added” because they serve an intended function in an ingredient. If adopted, they would be subject to restrictions.

Note: TFCA doesn’t apply to chemicals in product packaging or FDA-regulated drug ingredients.

To meet the requirements of the policy, manufacturers must fill out the online form and choose Option 1 or Option 2 for each product you wish to apply the policy to, where:

• Option 1 = Lead concentration is 2 ppm or below for general cosmetics, or 5 ppm or below for color cosmetics and clay masks.
• Option 2 = Lead concentration of color cosmetics and clay masks is above 5 ppm and below 10 ppm AND you’re monitoring lead in each batch of the product AND retaining lead concentration data and information to submit to Ecology if requested.

Yes, you can select Option 1 for some products and Option 2 for others. Any product you select Option 2 for, you must monitor lead levels in each batch.

Submit an amended notification form within 10 business days of finding out and choose Option 2 for the product. Then, ensure you meet all the requirements for Option 2 for the product including lead monitoring and data retention, starting with the recent batch that exceeded the limits.

The policy will remain in effect until either a rule is adopted, the policy is repealed, or Dec. 31, 2026, whichever occurs first. We may extend the policy if we determine it’s still needed after Dec. 31, 2026.

You can use one or more of these common approaches to determine if your product contains any of the chemicals restricted under TFCA:

• Conduct a raw material review or audit.
• Contact suppliers and ask if ingredients are free of restricted chemicals. Obtain supplier attestations of compliance if possible.
• Conduct analytical testing.

When possible, we recommend working with your supply chain to obtain the information you need. This will provide you with the most information about your formulation.

We recommend that manufacturers take the opportunity to reformulate products with safer alternatives and obtain voluntary third-party environmental health certifications in order to: 

• Future-proof products (i.e., reduce the likelihood of needing to reformulate again should future regulations pass that restrict more hazardous chemicals). 
• Build brand recognition as a company invested in human health and the environment.

Resources and financial support

Our Safer Chemicals for Manufacturers webpage outlines the steps you’ll need to follow to reformulate and certify your products as safer. You can also apply for technical assistance and financial support through one of our subsidy programs:

• Small Cosmetics Manufacturer Certification program for cosmetics manufacturers that employ 50 people or less.
• Safer Products Certification Subsidy program for manufacturers of any size.

Note: Applicants may receive funding through only one subsidy program.

We have assessed 10 chemicals that serve the preservative function. The assessments demonstrate that the chemicals are safer than the preservatives restricted under TFCA. The assessment reports are available on the Interstate Chemicals Clearinghouse Chemical Hazard Assessment Database or you can go directly to the report for each chemical listed below:

Additional chemicals and functions will be assessed as funding allows.

We chose to focus our assessments on preservatives used in hair care products. Some hair care products, such as leave-in conditioners, hair smoothing treatments, hair styling gels, and hair sprays are used more frequently by people of color. Preservatives are used in these products to prevent the growth of harmful bacteria and mold.

We recommend manufacturers read the following resources:

• TFCA Guide: Restrictions for Cosmetic Industry & Sellers.
• Toxic-Free Cosmetics Act Compliance & Outreach Questions and Answers.

If you have other questions or if you need technical assistance, please contact us at ToxicFreeCosmetics@ecy.wa.gov. We are here to help!

The law defines a cosmetic the same way as the Food and Drug Administration (FDA) does, which is anything intended to be used on the human body (rubbed, poured, sprinkled, sprayed, etc.) for the purpose of any of the following:

• Cleansing. 
• Beautifying. 
• Promoting attractiveness. 
• Altering the appearance.

The following products are not considered cosmetics, and therefore are not regulated under TFCA:

• Soaps. 
• Prescription drugs. 
• Over-the-counter medications, such as vitamins and mineral tablets. 

For cosmetic products (such as sunscreens) that include an active ingredient not regulated under TFCA (e.g., an FDA-regulated drug ingredient), the other ingredients must still meet all the requirements under TFCA. 

We don’t require regulated entities to:

• Submit evidence to us to demonstrate your products are compliant.
• Certify products through third-party certifications.
• Conduct product testing or air quality testing.

While some third-party product certifications may help determine if your product is compliant, third-party certifications don’t imply or guarantee products are compliant with this new law.

We may use the following strategies to check for compliance:

• Review information from public sources such as product labels, safety data sheets, and public databases.
• Conduct product testing (view the Ecology product testing database).
• Review other published product testing results.
• Review manufacturer-provided product information.

Regulated entities are responsible for knowing and complying with the Toxic-Free Cosmetics Act (TFCA) (Chapter 70A.560 RCW). Our role is to provide support to your compliance efforts through information we provide through our:

• TFCA webpage.
• Email announcements (sign up for the TFCA email list).
• Technical assistance (email us at ToxicFreeCosmetics@ecy.wa.gov).

If we find a noncompliant product, we’ll contact the regulated entity and work with them to bring them into compliance.

Yes. TFCA authorizes us to issue penalties for noncompliance (RCW 70A.560.030). While our priority is to support compliance efforts through a combination of outreach, education, and technical assistance, we may use our enforcement discretion based on the following:

• How responsive the manufacturer or responsible party is in correcting the noncompliance.
• The nature and severity of the violation.
• If there are repeated or chronic violations.

The law directs us, in consultation with the Washington Department of Health, to assess the hazards of chemicals with the same or similar function as those restricted under TFCA. The law also requires us to:

• Prioritize chemicals that impact vulnerable populations.
• Make the results public. 

These assessment reports are available on the Interstate Chemicals Clearinghouse Chemical Hazard Assessment Database.

We chose to focus our first 10 assessments on preservatives used in hair care products. Preservatives are used in these products to prevent the growth of harmful bacteria and mold. Four of the nine chemicals and chemical classes restricted under TFCA can be used as preservatives. Some hair care products, such as leave-in conditioners, hair smoothing treatments, hair styling gels, and hair sprays are used more frequently by people of color. Read our Chemicals in Cosmetics Used by Washington Residents report for more information. 

Businesses can use this information to:

• Support the formulation of safer products.
• Advocate for and purchase safer cosmetics products. 

Additional chemicals and functions will be assessed as funding allows.

We communicate with regulated entities through emails (sign up for the TFCA email list) and posting events and updates on our TFCA webpage.