CA SAFE COSMETICS ACT (CSCA) REPORTING FAQ

Frequently Asked Questions about CSCA and the Online Reporting System

1. Who is required to report under CSCA?

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?

1. Who is required to report under CSCA? 

The following questions will help determine if you must report under CSCA:

• 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 products contain an ingredient identified as a known or suspected human carcinogen or reproductive or developmental toxicant?

Your company is subject to the mandatory reporting requirements of CSCA if you answered yes to all three of the above questions. Please see our Cosmetics Companies web page for more information. 

2. Which products and which ingredients must be reported under CSCA?

Any cosmetic product sold in California, which contains an ingredient known or suspected of causing cancer or reproductive harm must be reported. 

More information on this topic can be found on our Cosmetic Companies web page, including the following:

• CSCP Reportable Ingredients List (Excel)
  (Includes ingredients reportable under the CA Safe Cosmetics Act and ingredients reportable under the Cosmetic Fragrance and Flavor Ingredient Right to Know Act (SB 312 or CFFIRKA) effective January 1, 2022.)

3. How does a company submit a product / ingredient to the California Safe Cosmetics Program?

Cosmetics companies should report electronically using the California Safe Cosmetics Reporting Portal. Instructions detailing the submission process are available on our Cosmetics Companies web page.

4. How do I update my company's information in the Reporting Portal?

You can edit company contact information or user profile online. 

To edit your company's information in the Reporting Portal:

1. Log in to your account.

2. Click the "My Companies" tab in the left  navigation pane, then click the "Edit" button.

3. Make the desired changes.

4. Hit "Submit" to override your original entry.

5. Can changes be made to a product after it has been submitted?

Yes, anyone with an account linked to a company can edit products they submitted or product submitted by others for that company online in the Reporting Portal.  Most elements of a product submission can be edited, with the exception of the Company, Brand, Product and Variant name combination, Ingredient Name, and CAS#.

To edit a product entry:

1. Log in to your account.
   
2. Click the "My Products" link.
3. Find the entry you want to edit from your submitted product list, and click on the "Edit" button to access your submission.
4.  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."
   
   

6. Can I remove an ingredient from a previously-submitted product?

Yes, you can remove an ingredient from a product IF that product has been reformulated and no longer contains that ingredient. 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.

7. I received an error message while submitting to the database. What happened and what should I do?

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 SafeCosmetics@cdph.ca.gov. 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.

8. Are trade secrets (TS) exempt from reporting? What kind of supporting documentation will I need to submit to substantiate my trade secret claim?

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. 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 ingredient(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. Additionally, pursuant to California Health and Safety Code § 111792.6, a fragrance ingredient or flavor ingredient that is included in a designated list, or a fragrance allergen that requires disclosure pursuant to subparagraph (B) of paragraph (1), does not constitute a trade secret.

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.