October 12, 2020
On September 30, 2020 the governor of California approved Senate Bill 312, the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020. Beginning on January 1, 2022, manufacturers of cosmetic products that contain certain flavor and fragrance ingredients will be required to disclose the following information about their products to the Division of Environmental and Occupational Disease Control within the State Department of Public Health:
- The name and CAS number of each flavor and fragrance ingredient which is present in any of the 22 designated lists named in SB-312, along with the UPC for the product
- A list of each fragrance allergen and CAS number that is included in Annex III of the EU Cosmetics Regulation No. 1223/2009, and its subsequent updates, in:
- rinse-off cosmetic products at a concentration >= 0.01% (100 ppm)
- leave-on cosmetic products at a concentration >= 0.001% (10 ppm)
- Whether the cosmetic product is intended for professional use or retail cosmetic use.
According to the Health and Safety Code, “‘cosmetic product’ means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.”
The Division of Environmental and Occupational Disease Control is expected to publish a list of all fragrance ingredients and flavor ingredients that are included on a designated list and all fragrance allergens required to be disclosed, along with the health hazards associated with each fragrance and flavor ingredient.
Any fragrance and flavor ingredients that are not present in any of the designated lists are not required to be disclosed. There are no requirements to disclose the concentrations of any ingredients.
Recommended Action Items
- Review your company’s cosmetic products that are being sold in California and determine if your products contain fragrance or flavor ingredients that are present in any designated lists according to SB-312.
- If you manufacture products that require disclosure, prepare and submit the required information by January 1, 2022.