California Fragrance and Flavor – My Reports

Effective January 1, 2022, California enacted the Cosmetic Fragrance and Flavor Act for specific health & beauty products. California SB 312 and 484 have been considered with this update.

In general, the regulation indicates:

For all cosmetic products sold in California, the Product-Label Owner (Manufacturer, Distributor and/or Packer) must provide to the California Department of Public Health (CDPH) a list of all products that contain any ingredients known, or suspected, to cause cancer, developmental, or other reproductive harm.  These ingredients are identified in several designated lists generated by CA Prop. 65, NTP, IARC, and EPA. This reporting obligation applies to presence of an ingredient in any component of a product (primary formulation or any embedded third-party component).

In WERCSmart, indications per registration will be provided, as follows:

  • Sufficient for screening
    1. Contains no generic ingredients in the registration’s formula by using specific ingredients or having 3rd party ingredients included.
  • Insufficient for screening
    1. Contains generic ingredients.

WERCSmart will not be making reporting submissions to the State of California, but will provide the registrant the ability to generate a report listing applicable registrations and their “sufficient” or “insufficient” statuses.

The new report is known as the California Safe Cosmetic Program Assessment.

In addition to the new report, when creating a registration, the sustainability hint, when generic ingredients are used, has been revised to include information about the impact on this California regulation.

Feedback

In a continuing effort to improve the usability of WERCSmart when registering product data, there is now a feedback option available on the left-side menu area. When providing feedback comments, details are helpful so we can focus on improvements. Our Product Team will be monitoring the feedback to determine future revisions to the functionality of WERCSmart and we appreciate your insight in advance.

Data Tier Consent Updates – My Retail Partners

Amazon

The retailer has expanded their chemical policy to include Nutritional Supplements, Pet Care and Pharmacy product types.

Target

Additional product types, for data tier consent in connection with Target’s Chemical Policy, have been added. They are:

  • Animal Deterrent, Non-Aerosol
  • Animal Deterrent, Aerosol
  • Insecticide Fogger, Aerosol or Gas
  • Rodenticide, Non-Aerosol
  • Insecticide Lawn & Garden, Aerosol
  • Insecticide Lawn & Garden, Non-Aerosol
  • Herbicide, Non-selective Terrestrial, Non-Aerosol

Walmart

For registrations directed to Walmart, to comply with Walmart’s chemical policies, registrations that are for Pet Care are now included.

Kits that contain health & beauty registrations are also included on the chemical policy program for Walmart.

Upcoming improvements

State Pesticide Data

The process for registering state pesticide data will be streamlined to improve usability of this area. The revision will include:

  • Selection of state status
    1. Registered
      • The product is registered in the specific state
      • State expiration date entry is required
    2. Restricted / not registered
      • The state does not allow the sale of the product (restricted); or
      • The product is chosen by the account not to be registered in the specific state
      • No expiration date entry will be needed as there is a default of not applicable
    3. No state registration required
      • The state does not require registration of this product type per their own state regulations
      • No expiration date will be needed as the default will be not applicable.
    4. Pending state registration
      • The state registration has been submitted but the finalization is not yet determined by the state regulatory agency
      • No expiration date will be needed until such time the selection is changed to “Registered”.
  • State registration numbers will no longer be collected for each individual state.

Bulk updating of state registration dates will be available when the registration is set to expire within 90 days or less, using a “revise all dates” option within the individual product registration.

New Retailer – Sherwin Williams

To comply with Volatile Organic Compound regulations in various areas in the United States, Sherwin Williams has joined the WERCSmart recipient program for items sold in their retailer locations.