Oregon cosmetics ingredient bans: dates, lists and citations

Toxic-free cosmetics (SB 546, 2023 Regular Session; Oregon Laws 2023, chapter 575)

ORS 431A.345 (definitions ORS 431A.330) · first date: January 1, 2027

“A manufacturer may not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or classes of chemicals above the practical quantification limit:”Source: oregonlegislature.gov

Dates

• January 1, 2027: ORS 431A.345 prohibition becomes operative: no knowing manufacture, sale, offer for sale, distribution for sale or distribution for use in Oregon (one date for manufacture and sale)

  “Note: 431A.345 becomes operative January 1, 2027. See section 6, chapter 575, Oregon Laws 2023.”Source: oregonlegislature.gov

• January 1, 2027: Session-law operative clause for sections 2 to 5 (list, website notice, bans, penalties)

  “Sections 2 to 5 of this 2023 Act become operative on January 1, 2027.”Source: olis.oregonlegislature.gov

Products covered

Cosmetic products: articles applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance, and their components; includes cosmetics marketed to professionals. Excludes soap, dietary supplements, and FDA-regulated food and drugs, but the ban still applies to cosmetics containing FDA-regulated drug ingredients. No leave-on/rinse-off distinction. Leave-on and rinse-off products.

Soap: Soap excluded. Definition of cosmetic product says it does not include soap; 'soap' itself is not defined in ORS 431A.330.

“(c) “Cosmetic product” does not include: (A) Soap;”Source: oregonlegislature.gov

Sell-through: None in the text.

SB 546 is a 2023 Regular Session bill (Oregon Laws 2023, chapter 575), codified at ORS 431A.330 (definitions), 431A.335 (OHA list of high priority chemicals), 431A.340 (website notice), 431A.345 (bans), 431A.349 (penalties). The 2026 A&R table (oregonlegislature.gov 2026OrLawAR.pdf) lists no amendment to ORS 431A.330-431A.349 or to 2023 c.575 in the 2026 session. One operative date, 2027-01-01, for manufacture, sale, offer for sale and distribution. No sell-through or stock-depletion provision in the statute. Ban applies only to intentionally added chemicals above the practical quantification limit (PQL), except lead: 10 ppm or above whether or not intentionally added. Duty falls on the 'manufacturer' (producer, importer = product owner, or domestic distributor); retailers selling third-party products and grocery private-label buyers are excluded. No small-business exemption and no leave-on/rinse-off split. Products with FDA drug ingredients are still covered by the ban. Enforcement: Oregon Health Authority, civil penalty up to $5,000 first / $10,000 later violations, per product line. Website notice (ORS 431A.340): operative 2027-01-01, applies to products containing a chemical on OHA's high priority chemicals list at or above a de minimis level; that list does not exist until OHA adopts rules. OHA rules (OAR 333-016-4001 to -4080) are DRAFT only as of 2026-10-04: OHA's rulemaking page shows Rules Advisory Committee meetings July 30 to October 1, 2026 with draft rules, and says the public comment period 'will open in mid-November'. No proposed-rule notice or adopted rule found. The draft (ver 9.28.2026) names example members for the PFAS, ortho-phthalate and formaldehyde-releaser classes, proposes PQLs (e.g. phthalates 25 ppm, PFAS 0.001 ppm, formaldehyde/releasers 5 ppm, mercury 0.5 ppm, m-/o-PD 100 ppm), excludes packaging discarded before use and applicators/containers, and footnotes that inclusion of a chemical 'is contingent on OHA determining' a PQL. Draft typos noted: butyl benzyl phthalate CAS '85-8-7' (correct 85-68-7), Quaternium-15 '4080-31' (correct 4080-31-3), and the separate draft PQL table gives m-phenylenediamine as '9108-45-2' (statute: 108-45-2). DISCREPANCY: OHA's Toxic-Free Cosmetics Act FAQ page lists p-Phenylenediamine and its salts (CAS 106-50-3) among banned chemicals ('ten chemicals'), but neither the enrolled SB 546 nor ORS 431A.345 (2025 edition) names p-phenylenediamine; the statutory list has eight items plus lead. PPD is NOT recorded as a listing. Separate PFAS law: none found. HB 3512 (2025 Regular Session, PFAS in covered products, would have been operative 2027-01-01) shows Current Location 'In House Committee' with no chapter number on OLIS, i.e. it was not enacted. PFAS in cosmetics is covered only by ORS 431A.345(1)(b).

““Intentionally added chemical” means a chemical in a product that serves an intended function in the product component.”Source: oregonlegislature.gov

“Notwithstanding ORS 431A.330 (4)(c)(C), the prohibition on chemicals under this section applies to cosmetic products even if the product contains drug ingredients regulated by the United States Food and Drug Administration.”Source: oregonlegislature.gov

““Manufacturer” does not mean: (A) A retailer that sells to consumers cosmetic products produced by a third party.”Source: oregonlegislature.gov

“A civil penalty may not exceed $5,000 for the first violation. A civil penalty may not exceed $10,000 for the second and each subsequent violation.”Source: oregonlegislature.gov

““Practical quantification limit” means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions.”Source: oregonlegislature.gov

““Contaminant” means trace amounts of chemicals that are incidental to manufacturing and that serve no intended function in the product component”Source: oregonlegislature.gov

“Note: 431A.340 becomes operative January 1, 2027. See section 6, chapter 575, Oregon Laws 2023.”Source: oregonlegislature.gov

“A manufacturer of a cosmetic product sold or offered for sale in this state that contains a chemical included on the list adopted and maintained under ORS 431A.335 in an amount at or above a de minimis level shall include a notice for Oregon consumers on the manufacturer’s website.”Source: oregonlegislature.gov

“Members of the public will have an opportunity to provide comments during the public comment period, which will open in mid-November.”Source: oregon.gov

“The Toxic-Free Cosmetics Act directs the Oregon Health Authority (OHA) to adopt Oregon Administrative Rules to implement this new program.”Source: oregon.gov

“DRAFT ver_9.28.2026 Page 1 of 18”Source: oregon.gov

“Inclusion of a chemical under this rule (OAR 333016-4060) is contingent on OHA determining”Source: oregon.gov

“(3) This rule does not apply to the packaging of a cosmetic product that is intended to be discarded before the product is used.”Source: oregon.gov

“p-Phenylenediamine and its salts (CAS Registry Number 106-50-3).”Source: oregon.gov

“bans the use of ten chemicals used in cosmetic products known to cause health concerns.”Source: oregon.gov

“Prohibits the distribution or sale of certain covered products that contain intentionally added perfluoroalkyl or polyfluoroalkyl substances.”Source: olis.oregonlegislature.gov

“In House Committee”Source: olis.oregonlegislature.gov