SF3421

Purpose of the Bill

The bill aims to regulate toxic chemicals in cosmetics to protect public health, especially among vulnerable populations, by restricting the use of certain hazardous substances in these products.

Main Provisions

• Prohibition of Toxic Chemicals: From January 1, 2027, the bill prohibits the manufacturing, sale, and distribution of cosmetics containing specific toxic chemicals like orthophthalates, formaldehyde, methylene glycol, triclosan, m-phenylenediamine, o-phenylenediamine, and lead above specified levels.

• Exemption for Retailers: Retailers with cosmetics in stock before the enforcement date have until January 1, 2028, to sell their existing inventory.

• Environmental Health Certification: The Pollution Control Agency is tasked with helping small businesses achieve voluntary certifications indicating their products are free of identified hazardous chemicals.

• Safer Practices for Cosmetologists: Initiatives will support cosmetologists and beauty salons in transitioning to using safer cosmetics, including resources for identifying safer products and financial incentives for replacing toxic products.

• Rulemaking: The commissioner of the Pollution Control Agency is authorized to adopt rules related to the implementation of these measures, establish lists of formaldehyde-releasing chemicals, and possibly expand regulations post-2029.

Significant Changes to Existing Law

• Chemical Restrictions in Cosmetics: Introduces restrictions on specific chemicals not previously regulated in cosmetics within the state law.

• Enforcement and Penalties: Establishes rules for enforcement and penalties for violations, with fines up to $5,000 for a first offense and up to $10,000 for repeat offenses.

• Stakeholder Engagement: Requires stakeholder engagement in the rulemaking process, ensuring the involvement of cosmetologists, small businesses, and manufacturers.

Relevant Terms

toxic chemicals, cosmetics, formaldehyde, lead, triclosan, orthophthalates, vulnerable populations, small business, cosmetologists, Pollution Control Agency, environmental health certification, rulemaking, enforcement.