What’s New in this Update?

For the first time, the list includes published recycling rates by CMC, a requirement under PRC section 42061(b).

Why It Matters:

• Defines Compliance: The list sets CalRecycle’s official determinations on which material categories meet the criteria for recyclability and compostability.
• Labeling Impact: These determinations directly influence your eligibility to use “recyclable” or “compostable” labels pursuant to PRC sections 42061(c) and (d).

The updated CMC list and guidance on categorization on the CalRecycle SB 54 Covered Material Categories can be found on the webpage. It’s time to check your product classifications against the new rates. Please contact us if you have any questions regarding this update.

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CARB is currently evaluating whether it is feasible for the industry to meet the upcoming 50% Volatile Organic Compound (VOC) standard using current or emerging technologies. As part of this evaluation, new reporting requirements are now in effect.

Deadline: All data for the 2025 Personal Fragrance Products Technical Assessment must be submitted to CARB by March 31, 2026.

What is Required:

Responsible Parties need to complete two main tasks:

• Submit the Data: You must use the interactive Personal Fragrance Products Reporting Tool (PFP-RT). This is a macro-enabled Excel workbook (available for both Windows and Mac) where you will list products, ingredients, and responsible parties.

Submit a Written Report: In addition to the raw data, you are required to submit a written update regarding your R&D efforts. This report should detail the work being done to meet the future 50% VOC standard.

Streamlined Process for Formulators:

To make reporting easier, CARB has changed how they handle trade secrets and third-party formulators. You do not need to contact your formulators for their data. Instead, once you submit your report (PFP-RT) listing your Product Formulators, CARB staff will contact them directly. CARB will send them a separate tool (PFP-RTF) to collect the necessary formulation data, ensuring confidentiality is maintained without you having to act as the middlemen.

This assessment is a critical step toward the January 1, 2031, regulations. By that date, non-aerosol fragrance products (with 10% or less fragrance) and aerosol products will be required to meet the strict 50% VOC limit. This assessment is CARB’s way of checking the industry’s pulse to see if the goal is achievable.

Next Steps: Download the reporting tools and review the definition of ‘Fragrance’ to ensure you are reporting the correct ingredients. If you require assistance in understanding the regulations, please contact us. 

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The proposed NSRLs are 54 µg/day for 1-bromopropane and 6.4 µg/day for dermal exposures to diethanolamine.

Why this Matters for the Cosmetic Industry

This is a critical development for any brand selling products in California. Diethanolamine has been a frequent target of Prop 65 enforcement and litigation often due to its presence as a low-level contaminant or as an impurity in the widely used ingredient triethanolamine (TEA). Products ranging from lotions and sunscreens to shampoos and color cosmetics have been subject to notice of violation.

The establishment of a formal NSRL provides much needed clarity and a legal safe harbor. If a company can demonstrate through exposure assessments that a consumer’s dermal exposure to diethanolamine from their products is below this 6.4µg/day threshold, they will be exempt from Prop 65’s warning requirements for that chemical.

The proposal is currently open for public comment. OEHHA is accepting electronic comments until the deadline of November 7, 2025. Industry stakeholders are encouraged to review the proposed regulatory text and provide feedback.

Please contact us if you would like assistance with formula reviews or exposure assessments to ensure compliance with Prop 65.

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According to the Office of Environmental Health Hazard Assessment (OEHHA), Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, mandates that businesses provide a clear warning before intentionally exposing individuals to any chemical listed as a carcinogen or reproductive toxicant.

During the drafting of a regulatory proposal by OEHHA, the industry pushed back, requesting a preliminary injunction to halt enforcement due to the lack of a defined ‘safe harbor’ level for titanium dioxide. This absence created uncertainty about when a warning would be necessary.

In response, OEHHA proposed a ‘No Significant Risk Level’ (NSRL) for titanium dioxide (airborne, unbound particles of respirable size). The suggested NSRL would apply if the daily average exposure does not exceed:

1. 440 micrograms (µg) for airborne, unbound particles with diameters of 10 micrometers (µm) or less, and
2. 44 micrograms (µg) for airborne, unbound particles with diameters of 0.8 micrometers (µm) or less.

Both parts of the NSRL must be met before it applies.

The notice initiated a 45-day public comment period that was scheduled to close on June 24, 2024. OEHHA has extended the public comment period on amending the California Code of Regulations to incorporate the proposed NSRL for TiO2. Comments on the proposed regulation will now be accepted until July 1, 2024.

OEHHA strongly recommends that comments be submitted electronically through their website at https://oehha.ca.gov/comments.

The post Extension of Comment Period for Proposed Amendment to Section 25705(b) on Safe Exposure Levels for Titanium Dioxide Under Proposition 65 appeared first on Focal Point.

• Extended Implementation Period: The timeframe for implementing revised short-form warning content has been extended from two years to three years.
• Reversion to Original Text: For most internet and catalog warning content, the regulations will revert to their original text.
• Grace Period for Internet Retailers: A new provision has been introduced, giving internet retailers a 60-day grace period to update their online short-form warnings after receiving a warning or written notice about the changes. The grace period applies during the three-year implementation period.

These modifications aim to address public comments and enhance the clarity of the amendments, which were originally published in Oct. 2023. The complete regulatory text, with modifications indicated by double underline and double strikeout, is available on the OEHHA website.

OEHHA is currently soliciting comments solely on these modifications, which can be mailed, faxed or delivered in person, but preferably submitted electronically via their website. Comments on the changes must be received by OEHHA no later than June 28, 2024, the close of the written comment period. All comments will be posted on the OEHHA website after the public comment period ends.

The post Proposition 65 – Notice of Modification: Amendments to Clear and Reasonable Warnings Safe Harbor Methods and Content appeared first on Focal Point.