California Safe Cosmetics Online Reporting FAQ
Frequently asked questions about the Online Reporting System
1. Who is required to report under the CA Safe Cosmetics Act?
2. Which products and which ingredients must be reported?
3. How does a company submit a product/ingredient to the California Safe Cosmetics Program?
4. How do I update my company's information in your online reporting system?
5. Can changes be made to a product after it has been submitted?
6. Can I remove a chemical from a previously-submitted product?
7. I received an error message while submitting to the database. What happened and what should I do?
8. Are trade secret (TS) exempt from reporting? What kind of supporting documentation will I need to submit to substantiate my trade secret claim?
9. Who is required to report under SB 312, the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020?
10. What does my company need to do to be compliant with SB 312?
11. Where can I find the list of fragrance and flavor ingredients that are reportable under SB 312?
12. Does SB 312 require companies to make changes to product labels?
13. Does SB 312 require companies to provide the full product formulation?
14. How do I report products with reportable fragrance and flavor ingredients?
The following questions will help determine if you must report under the CA Safe Cosmetics Act:
Does your company make $1,000,000 or more annually in worldwide aggregate cosmetic sales?
Does your company's name appear on the label of a cosmetic product sold in California after January 1, 2007?
Do any of these cosmetics contain an ingredient identified as a known or suspected human carcinogen or reproductive toxicant?
Your company is subject to the mandatory reporting requirements of the CA Safe Cosmetics Act if you answered yes to all three of the above questions. Please see our Cosmetics Companies web page for more information.
Any cosmetic product sold in California after January 1, 2007, which contains an ingredient known or suspected of causing cancer or reproductive harm to humans must be reported.
More information on this topic can be found on our Cosmetic Companies web page, including the following:
Cosmetics companies should report electronically using the California Safe Cosmetics Program online reporting system. Both the online reporting system and instructions detailing the submission process are available on our Cosmetics Companies web page.
You can edit company contact information or user profile online.
To edit your company's information in the online reporting system:
Log in to your account.
Click the "My Companies" tab in the left navigation pane, then click the "Edit" button.
Make the desired changes.
Hit "Submit" to override your original entry.
Yes, you can edit your submissions online. Most elements of a product submission can be edited, with the notable exceptions of the Company, Brand, Product, Variant name combination, Chemical Name, and CAS#.
To edit a product entry:
- Log in to your account.
- Click the "My Products" link.
- Find the entry in question from your submitted product list, and click on the "Edit" button to access your submission.
- Click through the submission, making the desired changes to each screen. NOTE: Hitting the "Continue" button at the bottom of each page saves the data on that page. Any changes made to a page will overwrite existing data when you hit "Continue".
Yes, you can remove a chemical ingredient from a product IF that product has been reformulated and no longer contains the chemical in question. Follow the instructions provided for editing a submission (see above). Use the "Remove" button instead of the "Edit" button and follow the prompt to enter the date the ingredient was removed from the product, and hit "Remove Ingredient" to make this change.
The most common reason for receiving an error message while submitting data is not completing all required fields on the page. If you get an error message, review the questions on the page and provide any missing information for all data fields on that page. If this does not resolve your problem, contact us at firstname.lastname@example.org. Include both the error message you received and a detailed description of what you were doing when you received the error in the body of your email.
TS information is not exempt from reporting to the California Department of Public Health (CDPH). However, CDPH cannot make any confidential and/or TS information available to the public unless the outcome of an official investigation deems the information is not confidential and/or TS. Companies declaring TS for any ingredient must submit supporting written documentation to justify this designation.
For purposes of the Safe Cosmetics Act, TS designation is determined "pursuant to the procedure established in Part 20 and Section 720.8 of Part 720 of Title 21 of the Code of Federal Regulations" (California Health and Safety Code § 111791). The CSCP requires documentation from the US Food and Drug Administration (US FDA) granting TS status, indicating that the information so designated is indeed TS under federal law.
The chemical(s) must also meet the definition of "trade secret" under California law. Under the California Uniformed Trade Secrets Act, "trade secret" is defined as information, including a formula, that (1) derives independent economic value from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Note that ingredients listed on the label of products sold to the public are "known to the public" and therefore would not meet the definition of a TS.
In order for an ingredient to qualify as a TS, you must (1) provide written documentation from the US Food and Drug Administration (US FDA) granting the ingredient TS status and (2) provide proof that the ingredient(s) meets the Uniformed Trade Secrets Act's (California Civil Code § 3426.1) definition of "trade secret." Documentation must be submitted for each ingredient you are seeking to designate a TS.
Companies are required to report products to the California Safe Cosmetics Program (CSCP) if they sell products in California that contain fragrance and/or flavor ingredients included on one or more of the 23 designated lists found in the law from organizations that assess chemical toxicity. Designated fragrance allergens must be reported if they are present in a rinse-off cosmetic product at a concentration at or above 0.01 percent (100 parts per million), or in a leave-on cosmetic product at a concentration at or above 0.001 percent (10 parts per million).
SB 312 will go into effect Jan. 1, 2022. Companies selling cosmetic and personal care products in California will be required to report products with specific fragrances and flavor ingredients to CSCP after that date. Subscribe to the CSCP mailing list to receive the most up-to-date information on how to comply.
CSCP will compile and publish a list of reportable ingredients mid-year 2021. The timing is planned to ensure the list is up-to-date when the law goes into effect. Companies will have six months to report products when new ingredients are added to the designated lists. Subscribe to the CSCP mailing list for periodic updates about ingredients added or removed from the designated lists.
No. There is no requirement under SB 312 to make changes to product labels.
No. The law does not require companies to report ingredients not included in the designated lists, the weight or amount of an ingredient that does require disclosure, or to disclose how a product is formulated.
Products containing reportable ingredients can be submitted via the California Safe Cosmetics Reporting Portal.
* If you are having difficulty accessing this document, please contact email@example.com to request this information in an alternate format.
** Si usted tiene dificultades de acceso con este documento, favor de ponerse en contacto con firstname.lastname@example.org para pedir esta información en un formato diferente.