111673.
A (a) Except as otherwise provided in subdivision (b), a cosmetic is adulterated if it contains any of the following:(a)
(1) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.
(b)
(2) Beginning January July 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the The
Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an
allowable de minimis level concentration of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level concentration shall comply with the requirements specified in paragraph (2) of subdivision (d). subparagraph (B) of paragraph (4).
(c)
(3) Beginning January 1, 2022, any amount of the following intentionally added ingredients:
(1)
(A) Dibutyl phthalate.
(2)
(B) Diethylhexyl
phthalate.
(3)
(C) Formaldehyde.
(4)
(D) Paraformaldehyde.
(5)
(E) Methylene glycol.
(6)
(F) Quaternium-15.
(7)
(G) Mercury.
(8)
(H) Isobutylparaben.
(9)
(I) Isopropylparaben.
(10)
(J) m-Phenylenediamine.
(11)
(K) o-Phenylenediamine.
(12)
(L) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:
(A)
(i) Perfluorooctane sulfonate (PFOS).
(B)
(ii) Perfluorooctanoic acid (PFOA).
(C)
(iii) Perfluorodecanoic acid (PFDA).
(D)
(iv) Perfluorononanoic acid (PFNA).
(d)
(4) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), paragraphs (1), (2), and (3), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy
only if the chemicals and contaminants satisfy both of the following conditions:
(1)
(A) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations.
as a banned substance in Annex II of Regulation No. 1223/2009 of the European Parliament and of the Council or in any updates to that Annex.
(2)
(B) If the department adopts an allowable de minimis level concentration of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level
concentration shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children.
(b) If a cosmetic product made through manufacturing processes intended to comply with this part contains a chemical or contaminant listed in paragraph (3) of subdivision (a) or identified pursuant to paragraph (4) of subdivision (a) that was not intentionally added and was technically unavoidable or present due to migration from other sources, the presence of the chemical or contaminant shall not cause the cosmetic product to be considered adulterated under this part.