Labels & market rules

California's Fragrance Disclosure Law (SB 312) and Proposition 65

What California's Cosmetic Fragrance and Flavor Ingredient Right to Know Act requires of perfume brands, what it means for records, and how Prop 65 differs.

Short answer

California's Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020 (SB 312), in force since January 1, 2022, requires companies that sell cosmetics in California to report to the state's Safe Cosmetics Program any fragrance or flavor ingredient that appears on designated hazard lists, and certain fragrance allergens above set levels. Reports are made through the program's online portal, and reported information is published in a public database. The law requires disclosure to the state, not on the label, and it bans nothing. Separately, California's Proposition 65 can require a warning when a product exposes people to listed chemicals.

Why a state law matters to a US perfume brand

US federal rules let fragrance be declared on a label simply as "fragrance", and MoCRA's federal fragrance-allergen labeling rule was still pending at the time of writing (see MoCRA requirements for fragrance brands). California's law goes further, but in a specific way: companies tell the state which listed fragrance ingredients their products contain, and the state publishes it.

What SB 312 requires, in outline

  • Who: manufacturers of cosmetic products sold in California that are already subject to the state's Safe Cosmetics Program reporting. Check the California Department of Public Health's guidance for whether your business is covered.
  • What: fragrance and flavor ingredients in the product that appear on any of the authoritative hazard lists named in the law, and fragrance allergens listed in the EU's Cosmetics Regulation when present above thresholds the law sets.
  • How: through the California Safe Cosmetics Program's reporting portal, on a continuing basis — for new products and for reformulations.
  • When lists change: companies have a period, set in the law, to report ingredients newly added to a designated list.
  • Publicity: reported products and ingredients appear in the program's public product database.

The law sits in the California Health and Safety Code (section 111792.6). The California Department of Public Health's SB 312 page has the current FAQs, the reportable ingredients list and the portal.

What it means for your records

To report, you need to know, for each product sold in California:

If you buy a fragrance compound, ask your supplier for the information you need to report; a supplier's IFRA certificate and allergen statement may not cover it all.

Proposition 65

Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) requires businesses to give a clear and reasonable warning before exposing people in California to chemicals the state lists as causing cancer or reproductive harm, unless exposure is below a level the law treats as safe. The list is long and includes some substances that can occur in fragrance materials, including in some natural materials. Prop 65 is enforced partly by private enforcers, so small brands do receive notices. Check your materials against the current list, and take advice if a listed chemical is present. The state agency that administers it is the Office of Environmental Health Hazard Assessment (OEHHA).

Other state rules

California is not the only state with cosmetics laws, and states continue to add them. Check the requirements of each state where you sell, especially for bans on specific ingredients and for reporting duties. The federal picture is in MoCRA requirements for fragrance brands, and how US rules compare with other markets in perfume regulations by market.

Sources

Frequently asked questions

Does SB 312 require me to list fragrance ingredients on my label?

No. It is a reporting duty to the state. Label requirements come from federal rules, and from MoCRA's allergen rule once FDA issues it.

Does reporting make my formula public?

Reported ingredients become public, not your full formula. If your fragrance contains reportable ingredients, that fact — but not their amounts or the rest of the composition — appears in the database.

Written and reviewed by the RUŌOD Lab team. This article is general education about perfume formulation and record-keeping; it is not legal, regulatory or safety advice, and the examples are illustrations, not validated commercial formulas. How we write and check these guides.

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