Cosmetic ingredient laws in Washington

RCW 70A.560.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Cosmetic product" has the same meaning as the term "cosmetic" as defined in RCW 69.04.011. (2) "Department" means the department of ecology. (3) "Manufacturer" has the same meaning as defined in RCW 70A.350.010. (4) "Ortho-phthalates" means esters of ortho-phthalic acid. (5) "Perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as defined in RCW 70A.350.010. (6) "Small business" has the same meaning as defined in RCW 70A.500.020. (7) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010. [ 2023 c 455 s 2.]
RCW 70A.560.020 Prohibiting the sale of cosmetic products containing certain added chemicals—Department's duties. (1) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or chemical classes: (a) Ortho-phthalates; (b) Perfluoroalkyl and polyfluoroalkyl substances; (c) Formaldehyde (CAS 50-00-0) and chemicals determined by the department to release formaldehyde; (d) Methylene glycol (CAS 463-57-0); (e) Mercury and mercury compounds (CAS 7439-97-6); (f) Triclosan (CAS 3380-34-5); (g) m-phenylenediamine and its salts (CAS 108-45-2); and (h) o-phenylenediamine and its salts (CAS 95-54-5). (2) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains intentionally added lead or lead compounds (CAS 7439-92-1), lead or lead compounds at one part per million (ppm) or above, or as otherwise determined by the department through rule making. (3) An in-state retailer in possession of cosmetic products on the date that restrictions on the sale of the products takes effect under this section may exhaust its existing stock through sales to the public until January 1, 2026.
(7)(a) For the purposes of this section, cosmetic products do not include prescription drugs approved by the United States food and drug administration. (b) The chemicals in subsection (1) of this section are restricted in cosmetics regardless of whether the product also contains drug ingredients regulated by the United States food and drug administration. For purposes of this section, ingredients regulated as drugs by the United States food and drug administration are not subject to the restrictions established in this section. [ 2023 c 455 s 3.]
RCW 70A.560.030 Rule-making authority—Penalty. (1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2)(a) The department's determinations of chemicals that release formaldehyde must be adopted by rule. The department must identify a list of chemicals used in cosmetics that release formaldehyde that may be subject to restriction under this chapter. In establishing this list, the department should consider: (i) Estimated prevalence of use; (ii) Potential to reduce disproportionate exposure; and (iii) Other information deemed relevant by the department. (b) The department may identify for restriction an initial set of no more than 10 of the listed chemicals used in cosmetics that release formaldehyde. This restriction must take effect on or after January 1, 2026. (c) Restrictions on the remaining listed chemicals used in cosmetics that release formaldehyde may take effect on or after January 1, 2027. (d) The department may, but is not required to, conduct additional rule-making activities after January 1, 2027, including developing supplemental lists of chemicals that release formaldehyde and adopting additional restrictions. (3) Prior to commencing rule making under this chapter, the department must engage with relevant stakeholders to ensure the availability of adequate expertise and input. The stakeholder process should include, but is not limited to, soliciting input from representatives from independent cosmetologists, small businesses offering cosmetology services, such as beauty salons, and small manufacturers of cosmetic products. The input received from stakeholders must be considered when adopting rules. (4) A manufacturer that produces a product or imports or domestically distributes a product in or into Washington in violation of a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense. (5) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board. (6) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180. [ 2023 c 455 s 4.]
RCW 69.04.011 "Cosmetic." The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such article; except that such term shall not include soap. [ 1945 c 257 s 12; Rem. Supp. 1945 s 6163-61.]
(7) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state.
(10) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(30) "Small business" means a business employing less than fifty people.
173-339-015 Applicability. (1) This chapter applies to any person who manufactures, knowingly sells (including wholesale, online, or retail), offers for sale (including wholesale, online, or retail), or distributes (including distributing for sale and distributing for use) a cosmetic product in or into Washington state. (2) Cosmetic products. (a) This chapter applies to cosmetic products, regardless of whether or not the product contains drug ingredients regulated by the United States Food and Drug Administration (FDA). (b) This chapter does not apply to: (i) Cosmetic products excluded from chapter 70A.560 RCW. (ii) Cosmetic products transported or stored in Washington state solely for sale or distribution to consumers outside of Washington state. (iii) Drug ingredients regulated by the FDA. (iv) Prescription drugs approved by the FDA. (v) The recycling or disposal of existing stock.
"Existing stock" means cosmetic products physically located in Washington state on or before the date the restriction takes effect that in-state retailers, including cosmetology businesses, intend to sell to end-use consumers. "FDA" means the United States Food and Drug Administration. "Formaldehyde" means formaldehyde (CAS RN 50-00-0). "In-state retailer" means a person or business, including a cosmetology business, that sells cosmetic products to end-use consumers and is located in Washington state.
"Intentionally added chemical" or "intentionally added" means a chemical that serves an intended function in: • The cosmetic product. • An ingredient in the cosmetic product. This definition applies to the chemicals restricted in chapter 70A.560 RCW. This definition takes effect January 1, 2027.
"Sell" or "offering for sale" includes wholesale, online, retail, and using in a service.
173-339-110 Formaldehyde and formaldehyde releasers. (1) Compliance schedule. (a) Formaldehyde. (i) The restriction in subsection (2)(a) of this section takes effect January 1, 2025, in accordance with RCW 70A.560.020 (1)(c). (ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(a) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2026, in accordance with RCW 70A.560.020(3). (b) Formaldehyde releasers. (i) The restriction in subsection (2)(b) of this section takes effect on January 1, 2027. (ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(b) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2028. (2) Restriction. (a) Formaldehyde. (i) No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains intentionally added formaldehyde, in accordance with RCW 70A.560.020 (1)(c). (ii) Applying the definition of "intentionally added" in WAC 173-339-020 that takes effect on January 1, 2027: Formaldehyde is intentionally added to a cosmetic product or ingredient when it functions as an antimicrobial, a preservative, a denaturant, a cross linker, or serves another purpose. This includes: (A) The direct addition of formaldehyde. (B) The addition of a chemical selected to release formaldehyde to the product or ingredient over time or under conditions of product use. (b) Formaldehyde releasers. No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains the intentionally added formaldehyde releasers, including aliases of the chemical name and aliases of the CAS RN, in the following table. Table: Formaldehyde Releasers Item Chemical name CAS RN 1 DMDM Hydantoin 6440-58-0 2 Diazolidinyl Urea 78491-02-8 3 Imidazolidinyl Urea 39236-46-9 4 Quaternium-15 4080-31-3; 51229-78-8 5 Tosylamide/Formaldehyde Resin (PTSAF) 25035-71-6 6 2-Bromo-2-Nitropropane-1,3-Diol (Bronopol) 52-51-7 7 Sodium Hydroxymethylglycinate 70161-44-3 8 Polyoxymethylene Urea 9011-05-6; 68611-64-3 9 Polyoxymethylene Melamine 9003-08-1 10 5-Bromo-5-Nitro-1,3-Dioxane (Bronidox) 30007-47-7 11 7-Ethylbicyclo-oxazolidine (Bioban CS1246) 7747-35-5 12 Benzylhemiformal 14548-60-8 13 Dimethylhydantoin formaldehyde (DMHF) 26811-08-5; 9065-13-8 14 Dimethylol Glycol 3586-55-8 15 Dimethylol Urea 140-95-4 16 Dimethyl Oxazolidine 51200-87-4 17 MDM Hydantoin 116-25-6; 27636-82-4; 16228-00-5 18 Methenamine 100-97-0 19 Methylal 109-87-5 20 Paraformaldehyde 30525-89-4 21 Polyoxymethylene 9002-81-7 22 Tetramethylolglycoluril 5395-50-6 23 Timonacic (when used in heat-activated hair straighteners) 444-27-9 24 Tris-Hydroxymethylnitromethane 126-11-4 25 Urea, polymer with formaldehyde, isobutylated 68002-18-6 (c) Compliance. (i) Ecology may infer from any of the following actions that formaldehyde, a restricted formaldehyde releaser, or both were intentionally added. (A) Reviewing ingredient lists. (B) Sampling for formaldehyde in cosmetic products. (C) Considering other relevant information. (ii) Manufacturers may rebut this inference by submitting a statement to ecology that includes the following information. (A) The name and address of the person submitting the statement. (B) A statement that neither of the following were intentionally added to a cosmetic product or ingredient. (I) Formaldehyde. (II) A chemical known to release formaldehyde. (C) Credible evidence supporting that statement. Credible evidence may include information, data, or sources relevant to substantiate that statement. Ecology determines what qualifies as "credible evidence" on a case-by-case basis. (D) The following certification. "I certify under penalty of perjury under the law of Washington that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry as the person or one of the persons who manage(s) the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete." [Statutory Authority: Chapter 70A.560 RCW and RCW 70A.02.060. WSR 25-18-057 (Order 24-01), s 173-339-110, filed 8/28/25, effective 9/28/25.]

RCW 70A.560.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Cosmetic product" has the same meaning as the term "cosmetic" as defined in RCW 69.04.011. (2) "Department" means the department of ecology. (3) "Manufacturer" has the same meaning as defined in RCW 70A.350.010. (4) "Ortho-phthalates" means esters of ortho-phthalic acid. (5) "Perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as defined in RCW 70A.350.010. (6) "Small business" has the same meaning as defined in RCW 70A.500.020. (7) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010. [ 2023 c 455 s 2.]
RCW 70A.560.020 Prohibiting the sale of cosmetic products containing certain added chemicals—Department's duties. (1) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or chemical classes: (a) Ortho-phthalates; (b) Perfluoroalkyl and polyfluoroalkyl substances; (c) Formaldehyde (CAS 50-00-0) and chemicals determined by the department to release formaldehyde; (d) Methylene glycol (CAS 463-57-0); (e) Mercury and mercury compounds (CAS 7439-97-6); (f) Triclosan (CAS 3380-34-5); (g) m-phenylenediamine and its salts (CAS 108-45-2); and (h) o-phenylenediamine and its salts (CAS 95-54-5). (2) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains intentionally added lead or lead compounds (CAS 7439-92-1), lead or lead compounds at one part per million (ppm) or above, or as otherwise determined by the department through rule making. (3) An in-state retailer in possession of cosmetic products on the date that restrictions on the sale of the products takes effect under this section may exhaust its existing stock through sales to the public until January 1, 2026.
(7)(a) For the purposes of this section, cosmetic products do not include prescription drugs approved by the United States food and drug administration. (b) The chemicals in subsection (1) of this section are restricted in cosmetics regardless of whether the product also contains drug ingredients regulated by the United States food and drug administration. For purposes of this section, ingredients regulated as drugs by the United States food and drug administration are not subject to the restrictions established in this section. [ 2023 c 455 s 3.]
RCW 70A.560.030 Rule-making authority—Penalty. (1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2)(a) The department's determinations of chemicals that release formaldehyde must be adopted by rule. The department must identify a list of chemicals used in cosmetics that release formaldehyde that may be subject to restriction under this chapter. In establishing this list, the department should consider: (i) Estimated prevalence of use; (ii) Potential to reduce disproportionate exposure; and (iii) Other information deemed relevant by the department. (b) The department may identify for restriction an initial set of no more than 10 of the listed chemicals used in cosmetics that release formaldehyde. This restriction must take effect on or after January 1, 2026. (c) Restrictions on the remaining listed chemicals used in cosmetics that release formaldehyde may take effect on or after January 1, 2027. (d) The department may, but is not required to, conduct additional rule-making activities after January 1, 2027, including developing supplemental lists of chemicals that release formaldehyde and adopting additional restrictions. (3) Prior to commencing rule making under this chapter, the department must engage with relevant stakeholders to ensure the availability of adequate expertise and input. The stakeholder process should include, but is not limited to, soliciting input from representatives from independent cosmetologists, small businesses offering cosmetology services, such as beauty salons, and small manufacturers of cosmetic products. The input received from stakeholders must be considered when adopting rules. (4) A manufacturer that produces a product or imports or domestically distributes a product in or into Washington in violation of a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense. (5) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board. (6) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180. [ 2023 c 455 s 4.]
RCW 69.04.011 "Cosmetic." The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such article; except that such term shall not include soap. [ 1945 c 257 s 12; Rem. Supp. 1945 s 6163-61.]
(7) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state.
(10) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(30) "Small business" means a business employing less than fifty people.
173-339-015 Applicability. (1) This chapter applies to any person who manufactures, knowingly sells (including wholesale, online, or retail), offers for sale (including wholesale, online, or retail), or distributes (including distributing for sale and distributing for use) a cosmetic product in or into Washington state. (2) Cosmetic products. (a) This chapter applies to cosmetic products, regardless of whether or not the product contains drug ingredients regulated by the United States Food and Drug Administration (FDA). (b) This chapter does not apply to: (i) Cosmetic products excluded from chapter 70A.560 RCW. (ii) Cosmetic products transported or stored in Washington state solely for sale or distribution to consumers outside of Washington state. (iii) Drug ingredients regulated by the FDA. (iv) Prescription drugs approved by the FDA. (v) The recycling or disposal of existing stock.
"Existing stock" means cosmetic products physically located in Washington state on or before the date the restriction takes effect that in-state retailers, including cosmetology businesses, intend to sell to end-use consumers. "FDA" means the United States Food and Drug Administration. "Formaldehyde" means formaldehyde (CAS RN 50-00-0). "In-state retailer" means a person or business, including a cosmetology business, that sells cosmetic products to end-use consumers and is located in Washington state.
"Intentionally added chemical" or "intentionally added" means a chemical that serves an intended function in: • The cosmetic product. • An ingredient in the cosmetic product. This definition applies to the chemicals restricted in chapter 70A.560 RCW. This definition takes effect January 1, 2027.
"Sell" or "offering for sale" includes wholesale, online, retail, and using in a service.
173-339-110 Formaldehyde and formaldehyde releasers. (1) Compliance schedule. (a) Formaldehyde. (i) The restriction in subsection (2)(a) of this section takes effect January 1, 2025, in accordance with RCW 70A.560.020 (1)(c). (ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(a) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2026, in accordance with RCW 70A.560.020(3). (b) Formaldehyde releasers. (i) The restriction in subsection (2)(b) of this section takes effect on January 1, 2027. (ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(b) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2028. (2) Restriction. (a) Formaldehyde. (i) No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains intentionally added formaldehyde, in accordance with RCW 70A.560.020 (1)(c). (ii) Applying the definition of "intentionally added" in WAC 173-339-020 that takes effect on January 1, 2027: Formaldehyde is intentionally added to a cosmetic product or ingredient when it functions as an antimicrobial, a preservative, a denaturant, a cross linker, or serves another purpose. This includes: (A) The direct addition of formaldehyde. (B) The addition of a chemical selected to release formaldehyde to the product or ingredient over time or under conditions of product use. (b) Formaldehyde releasers. No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains the intentionally added formaldehyde releasers, including aliases of the chemical name and aliases of the CAS RN, in the following table. Table: Formaldehyde Releasers Item Chemical name CAS RN 1 DMDM Hydantoin 6440-58-0 2 Diazolidinyl Urea 78491-02-8 3 Imidazolidinyl Urea 39236-46-9 4 Quaternium-15 4080-31-3; 51229-78-8 5 Tosylamide/Formaldehyde Resin (PTSAF) 25035-71-6 6 2-Bromo-2-Nitropropane-1,3-Diol (Bronopol) 52-51-7 7 Sodium Hydroxymethylglycinate 70161-44-3 8 Polyoxymethylene Urea 9011-05-6; 68611-64-3 9 Polyoxymethylene Melamine 9003-08-1 10 5-Bromo-5-Nitro-1,3-Dioxane (Bronidox) 30007-47-7 11 7-Ethylbicyclo-oxazolidine (Bioban CS1246) 7747-35-5 12 Benzylhemiformal 14548-60-8 13 Dimethylhydantoin formaldehyde (DMHF) 26811-08-5; 9065-13-8 14 Dimethylol Glycol 3586-55-8 15 Dimethylol Urea 140-95-4 16 Dimethyl Oxazolidine 51200-87-4 17 MDM Hydantoin 116-25-6; 27636-82-4; 16228-00-5 18 Methenamine 100-97-0 19 Methylal 109-87-5 20 Paraformaldehyde 30525-89-4 21 Polyoxymethylene 9002-81-7 22 Tetramethylolglycoluril 5395-50-6 23 Timonacic (when used in heat-activated hair straighteners) 444-27-9 24 Tris-Hydroxymethylnitromethane 126-11-4 25 Urea, polymer with formaldehyde, isobutylated 68002-18-6 (c) Compliance. (i) Ecology may infer from any of the following actions that formaldehyde, a restricted formaldehyde releaser, or both were intentionally added. (A) Reviewing ingredient lists. (B) Sampling for formaldehyde in cosmetic products. (C) Considering other relevant information. (ii) Manufacturers may rebut this inference by submitting a statement to ecology that includes the following information. (A) The name and address of the person submitting the statement. (B) A statement that neither of the following were intentionally added to a cosmetic product or ingredient. (I) Formaldehyde. (II) A chemical known to release formaldehyde. (C) Credible evidence supporting that statement. Credible evidence may include information, data, or sources relevant to substantiate that statement. Ecology determines what qualifies as "credible evidence" on a case-by-case basis. (D) The following certification. "I certify under penalty of perjury under the law of Washington that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry as the person or one of the persons who manage(s) the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete." [Statutory Authority: Chapter 70A.560 RCW and RCW 70A.02.060. WSR 25-18-057 (Order 24-01), s 173-339-110, filed 8/28/25, effective 9/28/25.]

RCW 70A.560.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Cosmetic product" has the same meaning as the term "cosmetic" as defined in RCW 69.04.011. (2) "Department" means the department of ecology. (3) "Manufacturer" has the same meaning as defined in RCW 70A.350.010. (4) "Ortho-phthalates" means esters of ortho-phthalic acid. (5) "Perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as defined in RCW 70A.350.010. (6) "Small business" has the same meaning as defined in RCW 70A.500.020. (7) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010. [ 2023 c 455 s 2.]
RCW 70A.560.020 Prohibiting the sale of cosmetic products containing certain added chemicals—Department's duties. (1) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or chemical classes: (a) Ortho-phthalates; (b) Perfluoroalkyl and polyfluoroalkyl substances; (c) Formaldehyde (CAS 50-00-0) and chemicals determined by the department to release formaldehyde; (d) Methylene glycol (CAS 463-57-0); (e) Mercury and mercury compounds (CAS 7439-97-6); (f) Triclosan (CAS 3380-34-5); (g) m-phenylenediamine and its salts (CAS 108-45-2); and (h) o-phenylenediamine and its salts (CAS 95-54-5). (2) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains intentionally added lead or lead compounds (CAS 7439-92-1), lead or lead compounds at one part per million (ppm) or above, or as otherwise determined by the department through rule making. (3) An in-state retailer in possession of cosmetic products on the date that restrictions on the sale of the products takes effect under this section may exhaust its existing stock through sales to the public until January 1, 2026.
(7)(a) For the purposes of this section, cosmetic products do not include prescription drugs approved by the United States food and drug administration. (b) The chemicals in subsection (1) of this section are restricted in cosmetics regardless of whether the product also contains drug ingredients regulated by the United States food and drug administration. For purposes of this section, ingredients regulated as drugs by the United States food and drug administration are not subject to the restrictions established in this section. [ 2023 c 455 s 3.]
RCW 70A.560.030 Rule-making authority—Penalty. (1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2)(a) The department's determinations of chemicals that release formaldehyde must be adopted by rule. The department must identify a list of chemicals used in cosmetics that release formaldehyde that may be subject to restriction under this chapter. In establishing this list, the department should consider: (i) Estimated prevalence of use; (ii) Potential to reduce disproportionate exposure; and (iii) Other information deemed relevant by the department. (b) The department may identify for restriction an initial set of no more than 10 of the listed chemicals used in cosmetics that release formaldehyde. This restriction must take effect on or after January 1, 2026. (c) Restrictions on the remaining listed chemicals used in cosmetics that release formaldehyde may take effect on or after January 1, 2027. (d) The department may, but is not required to, conduct additional rule-making activities after January 1, 2027, including developing supplemental lists of chemicals that release formaldehyde and adopting additional restrictions. (3) Prior to commencing rule making under this chapter, the department must engage with relevant stakeholders to ensure the availability of adequate expertise and input. The stakeholder process should include, but is not limited to, soliciting input from representatives from independent cosmetologists, small businesses offering cosmetology services, such as beauty salons, and small manufacturers of cosmetic products. The input received from stakeholders must be considered when adopting rules. (4) A manufacturer that produces a product or imports or domestically distributes a product in or into Washington in violation of a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense. (5) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board. (6) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180. [ 2023 c 455 s 4.]
RCW 69.04.011 "Cosmetic." The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such article; except that such term shall not include soap. [ 1945 c 257 s 12; Rem. Supp. 1945 s 6163-61.]
(7) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state.
(10) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(30) "Small business" means a business employing less than fifty people.
173-339-015 Applicability. (1) This chapter applies to any person who manufactures, knowingly sells (including wholesale, online, or retail), offers for sale (including wholesale, online, or retail), or distributes (including distributing for sale and distributing for use) a cosmetic product in or into Washington state. (2) Cosmetic products. (a) This chapter applies to cosmetic products, regardless of whether or not the product contains drug ingredients regulated by the United States Food and Drug Administration (FDA). (b) This chapter does not apply to: (i) Cosmetic products excluded from chapter 70A.560 RCW. (ii) Cosmetic products transported or stored in Washington state solely for sale or distribution to consumers outside of Washington state. (iii) Drug ingredients regulated by the FDA. (iv) Prescription drugs approved by the FDA. (v) The recycling or disposal of existing stock.
"Existing stock" means cosmetic products physically located in Washington state on or before the date the restriction takes effect that in-state retailers, including cosmetology businesses, intend to sell to end-use consumers. "FDA" means the United States Food and Drug Administration. "Formaldehyde" means formaldehyde (CAS RN 50-00-0). "In-state retailer" means a person or business, including a cosmetology business, that sells cosmetic products to end-use consumers and is located in Washington state.
"Intentionally added chemical" or "intentionally added" means a chemical that serves an intended function in: • The cosmetic product. • An ingredient in the cosmetic product. This definition applies to the chemicals restricted in chapter 70A.560 RCW. This definition takes effect January 1, 2027.
"Sell" or "offering for sale" includes wholesale, online, retail, and using in a service.
173-339-110 Formaldehyde and formaldehyde releasers. (1) Compliance schedule. (a) Formaldehyde. (i) The restriction in subsection (2)(a) of this section takes effect January 1, 2025, in accordance with RCW 70A.560.020 (1)(c). (ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(a) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2026, in accordance with RCW 70A.560.020(3). (b) Formaldehyde releasers. (i) The restriction in subsection (2)(b) of this section takes effect on January 1, 2027. (ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(b) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2028. (2) Restriction. (a) Formaldehyde. (i) No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains intentionally added formaldehyde, in accordance with RCW 70A.560.020 (1)(c). (ii) Applying the definition of "intentionally added" in WAC 173-339-020 that takes effect on January 1, 2027: Formaldehyde is intentionally added to a cosmetic product or ingredient when it functions as an antimicrobial, a preservative, a denaturant, a cross linker, or serves another purpose. This includes: (A) The direct addition of formaldehyde. (B) The addition of a chemical selected to release formaldehyde to the product or ingredient over time or under conditions of product use. (b) Formaldehyde releasers. No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains the intentionally added formaldehyde releasers, including aliases of the chemical name and aliases of the CAS RN, in the following table. Table: Formaldehyde Releasers Item Chemical name CAS RN 1 DMDM Hydantoin 6440-58-0 2 Diazolidinyl Urea 78491-02-8 3 Imidazolidinyl Urea 39236-46-9 4 Quaternium-15 4080-31-3; 51229-78-8 5 Tosylamide/Formaldehyde Resin (PTSAF) 25035-71-6 6 2-Bromo-2-Nitropropane-1,3-Diol (Bronopol) 52-51-7 7 Sodium Hydroxymethylglycinate 70161-44-3 8 Polyoxymethylene Urea 9011-05-6; 68611-64-3 9 Polyoxymethylene Melamine 9003-08-1 10 5-Bromo-5-Nitro-1,3-Dioxane (Bronidox) 30007-47-7 11 7-Ethylbicyclo-oxazolidine (Bioban CS1246) 7747-35-5 12 Benzylhemiformal 14548-60-8 13 Dimethylhydantoin formaldehyde (DMHF) 26811-08-5; 9065-13-8 14 Dimethylol Glycol 3586-55-8 15 Dimethylol Urea 140-95-4 16 Dimethyl Oxazolidine 51200-87-4 17 MDM Hydantoin 116-25-6; 27636-82-4; 16228-00-5 18 Methenamine 100-97-0 19 Methylal 109-87-5 20 Paraformaldehyde 30525-89-4 21 Polyoxymethylene 9002-81-7 22 Tetramethylolglycoluril 5395-50-6 23 Timonacic (when used in heat-activated hair straighteners) 444-27-9 24 Tris-Hydroxymethylnitromethane 126-11-4 25 Urea, polymer with formaldehyde, isobutylated 68002-18-6 (c) Compliance. (i) Ecology may infer from any of the following actions that formaldehyde, a restricted formaldehyde releaser, or both were intentionally added. (A) Reviewing ingredient lists. (B) Sampling for formaldehyde in cosmetic products. (C) Considering other relevant information. (ii) Manufacturers may rebut this inference by submitting a statement to ecology that includes the following information. (A) The name and address of the person submitting the statement. (B) A statement that neither of the following were intentionally added to a cosmetic product or ingredient. (I) Formaldehyde. (II) A chemical known to release formaldehyde. (C) Credible evidence supporting that statement. Credible evidence may include information, data, or sources relevant to substantiate that statement. Ecology determines what qualifies as "credible evidence" on a case-by-case basis. (D) The following certification. "I certify under penalty of perjury under the law of Washington that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry as the person or one of the persons who manage(s) the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete." [Statutory Authority: Chapter 70A.560 RCW and RCW 70A.02.060. WSR 25-18-057 (Order 24-01), s 173-339-110, filed 8/28/25, effective 9/28/25.]