1. (1) Compliance schedule.

   1. (a) Formaldehyde.

      1. (i) The restriction in subsection (2)(a) of this section takes effect January 1, 2025, in accordance with RCW 70A.560.020 (1)(c).
      2. (ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(a) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2026, in accordance with RCW 70A.560.020(3).

   2. (b) Formaldehyde releasers.

      1. (i) The restriction in subsection (2)(b) of this section takes effect on January 1, 2027.
      2. (ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(b) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2028.

2. (2) Restriction.

   1. (a) Formaldehyde.

      1. (i) No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains intentionally added formaldehyde, in accordance with RCW 70A.560.020 (1)(c).

      2. (ii) Applying the definition of "intentionally added" in WAC 173-339-020 that takes effect on January 1, 2027:

         1. (A) The direct addition of formaldehyde.
         2. (B) The addition of a chemical selected to release formaldehyde to the product or ingredient over time or under conditions of product use.

         Formaldehyde is intentionally added to a cosmetic product or ingredient when it functions as an antimicrobial, a preservative, a denaturant, a cross linker, or serves another purpose. This includes:

   2. (b) Formaldehyde releasers.

      No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains the intentionally added formaldehyde releasers, including aliases of the chemical name and aliases of the CAS RN, in the following table.

      Table: Formaldehyde Releasers

      Item	Chemical name	CAS RN
      1	DMDM Hydantoin	6440-58-0
      2	Diazolidinyl Urea	78491-02-8
      3	Imidazolidinyl Urea	39236-46-9
      4	Quaternium-15	4080-31-3; 51229-78-8
      5	Tosylamide/Formaldehyde Resin (PTSAF)	25035-71-6
      6	2-Bromo-2-Nitropropane-1,3-Diol (Bronopol)	52-51-7
      7	Sodium Hydroxymethylglycinate	70161-44-3
      8	Polyoxymethylene Urea	9011-05-6; 68611-64-3
      9	Polyoxymethylene Melamine	9003-08-1
      10	5-Bromo-5-Nitro-1,3-Dioxane (Bronidox)	30007-47-7
      11	7-Ethylbicyclo-oxazolidine (Bioban CS1246)	7747-35-5
      12	Benzylhemiformal	14548-60-8
      13	Dimethylhydantoin formaldehyde (DMHF)	26811-08-5; 9065-13-8
      14	Dimethylol Glycol	3586-55-8
      15	Dimethylol Urea	140-95-4
      16	Dimethyl Oxazolidine	51200-87-4
      17	MDM Hydantoin	116-25-6; 27636-82-4; 16228-00-5
      18	Methenamine	100-97-0
      19	Methylal	109-87-5
      20	Paraformaldehyde	30525-89-4
      21	Polyoxymethylene	9002-81-7
      22	Tetramethylolglycoluril	5395-50-6
      23	Timonacic (when used in heat-activated hair straighteners)	444-27-9
      24	Tris-Hydroxymethylnitromethane	126-11-4
      25	Urea, polymer with formaldehyde, isobutylated	68002-18-6

   3. (c) Compliance.

      1. (i) Ecology may infer from any of the following actions that formaldehyde, a restricted formaldehyde releaser, or both were intentionally added.

         1. (A) Reviewing ingredient lists.
         2. (B) Sampling for formaldehyde in cosmetic products.
         3. (C) Considering other relevant information.

      2. (ii) Manufacturers may rebut this inference by submitting a statement to ecology that includes the following information.

         1. (A) The name and address of the person submitting the statement.

         2. (B) A statement that neither of the following were intentionally added to a cosmetic product or ingredient.

            1. (I) Formaldehyde.
            2. (II) A chemical known to release formaldehyde.
         3. (C) Credible evidence supporting that statement. Credible evidence may include information, data, or sources relevant to substantiate that statement. Ecology determines what qualifies as "credible evidence" on a case-by-case basis.

         4. (D) The following certification.

            "I certify under penalty of perjury under the law of Washington that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry as the person or one of the persons who manage(s) the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete."

[Statutory Authority: Chapter 70A.560 RCW and RCW 70A.02.060. WSR 25-18-057 (Order 24-01), s 173-339-110, filed 8/28/25, effective 9/28/25.]