Which rules apply to baby and children's cosmetics?

Notification to US EPA through the Central Data Exchange (CDX), the PFAS 8(a)(7) reporting tool (§705.35)

Submit the §705.15 information (or, for article importers, the §705.18(a) streamlined form) during the submission period. §705.20(a): the submission period begins January 31, 2027, or 60 days following the date EPA announces in the Federal Register under paragraph (c), whichever is earlier, and lasts six months. §705.20(b): a small manufacturer (40 CFR 704.3) reporting exclusively as an article importer under §705.18(a) has twelve months from the same start. §705.25: keep the records that document what was reported for 5 years beginning on the last day of the submission period.

• Your role: Manufacturer or Importer
• You manufactured (including imported) a PFAS, or an article containing one, for commercial purposes at any time from January 1, 2011 through December 31, 2022

Depends on: economic operator role

Takes effect 31 Jan 2027

Applies to products manufactured on or after 31 Jan 2027

Stated in §705.20(a)-(b): “the submission period shall begin January 31, 2027, or 60 days following the date provided in paragraph (c) of this section, whichever is earlier”. Paragraph (c): “EPA intends to publish a document in the Federal Register announcing the submission period date and revising or removing this paragraph (c).” The period had not begun on the date this row was made (2026-10-26); the date is the latest start the text allows.

Banned

Every product in the category

In force since 16 Mar 1968

Applies to products placed on the market on or after 16 Mar 1968

700.11(b): regulatory proceedings may be initiated for cosmetic preparations containing bithionol shipped 'after March 15, 1968'; the first day after is 1968-03-16.

Banned

Every product in the category

In force since 29 Jun 1976

Applies to products placed on the market on or after 29 Jun 1976

In force from 1976-06-29: the stored source note gives the Federal Register publication of the section text; no separate commencement date is stated.

Banned

Every product in the category

In force since 2 Dec 1975

Applies to products placed on the market on or after 2 Dec 1975

700.15(c): products initially introduced into interstate commerce 'after December 1, 1975' that do not comply are subject to regulatory action; the first day after is 1975-12-02. Section source note: 40 FR 50531, Oct. 30, 1975.

Banned

Every product in the category

In force since 29 Jun 1989

Applies to products placed on the market on or after 29 Jun 1989

In force from 1989-06-29: the stored source note gives the Federal Register publication of the section text; no separate commencement date is stated.

Banned

Every product in the category

In force since 7 Sep 2005

Applies to products placed on the market on or after 7 Sep 2005

In force from 2005-09-07: the stored source note gives the Federal Register publication of the section text; no separate commencement date is stated.

Banned

• Sold in a pressurised aerosol can

Depends on: aerosol dispenser

In force since 17 Mar 1978

Applies to products placed on the market on or after 17 Mar 1978

In force from 1978-03-17: the stored source note gives the Federal Register publication of the section text; no separate commencement date is stated.

Banned

• Sold in a pressurised aerosol can

Depends on: aerosol dispenser

In force since 26 Aug 1974

Applies to products placed on the market on or after 26 Aug 1974

In force from 1974-08-26: the stored source note gives the Federal Register publication of the section text; no separate commencement date is stated.

Banned

• Sold in a pressurised aerosol can

Depends on: aerosol dispenser

In force since 16 Sep 1977

Applies to products placed on the market on or after 16 Sep 1977

700.16(c): products introduced in interstate commerce 'after September 15, 1977' are subject to regulatory action; the first day after is 1977-09-16. Section source note: 42 FR 41376, Aug. 16, 1977.

§14322(a)(1)

Banned

• Battery chemistry: Nickel-cadmium or Lead-acid
• Rechargeable
• Contains a battery

Depends on: battery chemistry, rechargeable, contains battery

In force since 13 May 1997

Applies to products sold on or after 13 May 1997

§ 14322(a)(1): applies to batteries and products "manufactured on or after the date 12 months after May 13, 1996" (computed as 1997-05-13).

Banned

• Battery chemistry: Other
• Contains a button or coin cell

Depends on: battery chemistry, button or coin cell

In force since 13 May 1996

Applies to products sold on or after 13 May 1996

Dates in the statute run from May 13, 1996 ("manufactured on or after May 13, 1996"). On or after May 13, 1996. Mercuric-oxide has no registered chemistry value; "other" is the nearest.

Banned

• Battery chemistry: Alkaline or zinc-carbon

Depends on: battery chemistry

In force since 13 May 1996

Applies to products sold on or after 13 May 1996

Dates in the statute run from May 13, 1996 (manufactured on or after May 13, 1996). Intentionally introduced mercury; incidental mercury is allowed. The chemistry value covers alkaline-manganese and zinc-carbon together; see the zinc-carbon rule.

Banned

• Battery chemistry: Alkaline or zinc-carbon

Depends on: battery chemistry

In force since 13 May 1996

Applies to products sold on or after 13 May 1996

Dates in the statute run from May 13, 1996 ("manufactured on or after May 13, 1996"). Mercury intentionally introduced.

Limit 1 ppm (content basis)

calculated as the metal; unavoidable trace under GMP

Every product in the category

In force since 15 Mar 1974

Applies to products placed on the market on or after 15 Mar 1974

In force from 1974-03-15: the stored source note gives the Federal Register publication of the section text; no separate commencement date is stated.

Notification to US EPA through the Central Data Exchange (CDX), the PFAS 8(a)(7) reporting tool (§705.35)

Persons who manufactured a PFAS, including as an importer, for commercial purposes at any period from January 1, 2011 through the end of the last calendar year before November 13, 2023 must report to EPA. §705.1(a): “This part specifies reporting and recordkeeping procedures for manufacturers (including importers) of per- and polyfluoroalkyl substances (hereafter referred to as PFAS) under section 8(a)(7) of the Toxic Substances Control Act (TSCA).” §705.5: “The requirements of this part apply to all chemical substances and mixtures containing a chemical substance (including articles) that are a PFAS, consistent with the definition of PFAS at § 705.3.” §705.18(a): an importer of an article that contains a PFAS may use a streamlined article-importer form for each year since January 1, 2011 in which the PFAS was imported in an article. PFAS is defined in §705.3 by three structural sub-structures; this check lists the rule for a product only if it contains a PFAS.

• Your role: Manufacturer or Importer
• You manufactured (including imported) a PFAS, or an article containing one, for commercial purposes at any time from January 1, 2011 through December 31, 2022

Depends on: economic operator role

In force, start date unknown

The text names November 13, 2023 only as the end of the look-back window in §705.10 (“the last calendar year prior to November 13, 2023”); it states no operative date of its own, so that date stands in. The one-time report covers each year since January 1, 2011; when it is due is in the §705.20 row.

Children's products subject to a children's product safety rule enforced by the CPSC

Test required

When a children's product undergoes a material change in design, manufacturing process or sourcing of component parts that could affect compliance, the manufacturer must have the changed product tested by a CPSC-accepted third party conformity assessment body and issue a new Children's Product Certificate. (Each children's product safety rule that applies to the product, such as 16 CFR 1303 (lead in paint), 15 U.S.C. 1278a (lead content) and, for child care articles, 16 CFR 1307 (phthalates))

• Children's product
• Your role: Manufacturer or Importer
• The product is an article made for children that the CPSC regulates (for example a bath seat or a hair clip), not a cosmetic or personal-care product the FDA regulates (a baby lotion or wipes)

Depends on: whether it is a children's product, economic operator role

In force, start date unknown

The regulation text does not state its effective date; the date shown is the date the part was first published in the Federal Register (76 FR 69541, November 8, 2011), not a stated start date.

Children's products subject to a children's product safety rule enforced by the CPSC

Test required

Periodic testing by a CPSC-accepted third party conformity assessment body, under a periodic testing plan specific to each product and manufacturing site, at least once a year (at least once every two years with a production testing plan, at least once every three years when continued compliance is tested by an ISO/IEC 17025-accredited laboratory). (Each children's product safety rule that applies to the product, such as 16 CFR 1303 (lead in paint), 15 U.S.C. 1278a (lead content) and, for child care articles, 16 CFR 1307 (phthalates))

• Children's product
• Your role: Manufacturer or Importer
• The product is an article made for children that the CPSC regulates (for example a bath seat or a hair clip), not a cosmetic or personal-care product the FDA regulates (a baby lotion or wipes)

Depends on: whether it is a children's product, economic operator role

In force, start date unknown

The regulation text does not state its effective date; the date shown is the date the part was first published in the Federal Register (76 FR 69541, November 8, 2011), not a stated start date.

Children's products subject to a children's product safety rule enforced by the CPSC

Test required

Before certifying, the manufacturer (the importer for a product made abroad) must submit enough samples of the children's product, or samples identical in all material respects, to a CPSC-accepted third party conformity assessment body for testing. A product whose sample fails cannot be certified until the cause is addressed. (Each children's product safety rule that applies to the product, such as 16 CFR 1303 (lead in paint), 15 U.S.C. 1278a (lead content) and, for child care articles, 16 CFR 1307 (phthalates))

• Children's product
• Your role: Manufacturer or Importer
• The product is an article made for children that the CPSC regulates (for example a bath seat or a hair clip), not a cosmetic or personal-care product the FDA regulates (a baby lotion or wipes)

Depends on: whether it is a children's product, economic operator role

In force, start date unknown

The regulation text does not state its effective date; the date shown is the date the part was first published in the Federal Register (76 FR 69541, November 8, 2011), not a stated start date.

Imported products that must be accompanied by a Children's Product Certificate or a General Certificate of Conformity

Declaration required

For a product made outside the United States and offered for import for consumption or warehousing (including from a foreign trade zone, and products claiming the de minimis duty exemption), the importer as certifier must electronically file the certificate data elements with U.S. Customs and Border Protection in the Automated Commercial Environment at the time of filing the entry. For products imported by mail, the data must be entered in the CPSC Product Registry before the product arrives in the United States.

• It is a consumer product subject to a CPSC safety rule, ban or standard and sold or held for sale to consumers (16 CFR 1110.3(b) (Finished product))
• Your role: Importer
• The product is an article made for children that the CPSC regulates (for example a bath seat or a hair clip), not a cosmetic or personal-care product the FDA regulates (a baby lotion or wipes)

Depends on: imported, economic operator role

In force since 8 Jul 2026

Applies to products imported on or after 8 Jul 2026

The current text of this part, as revised by the Commission final rule published on January 8, 2025, took effect on July 8, 2026. For products entered from a foreign trade zone for consumption or warehousing, electronic filing begins on January 8, 2027.

Finished products that must be certified: children's products and furniture subject to a Commission rule.

Declaration required

Certificates and the test records supporting them kept for at least five years from the date the certificate was created.

• It is a consumer product subject to a CPSC safety rule, ban or standard and sold or held for sale to consumers (16 CFR 1110.3(b) (Finished product))
• Your role: Manufacturer or Importer
• The product is an article made for children that the CPSC regulates (for example a bath seat or a hair clip), not a cosmetic or personal-care product the FDA regulates (a baby lotion or wipes)

Depends on: economic operator role

In force since 8 Jul 2026

Applies to products distributed on or after 8 Jul 2026

The current text of this part, as revised by the Commission final rule published on January 8, 2025, took effect on July 8, 2026.

Children's products subject to a children's product safety rule enforced by the CPSC

Declaration required

Children's Product Certificate: a certificate of compliance, based on testing by a CPSC-accepted third party laboratory, that must accompany each children's product or shipment imported or distributed in commerce. The importer certifies a product made outside the United States; for a product made in the United States the manufacturer certifies, or the private labeler if the product bears a private label, unless the manufacturer issues the certificate.

• It is a consumer product subject to a CPSC safety rule, ban or standard and sold or held for sale to consumers (16 CFR 1110.3(b) (Finished product))
• Children's product
• Your role: Manufacturer or Importer
• The product is an article made for children that the CPSC regulates (for example a bath seat or a hair clip), not a cosmetic or personal-care product the FDA regulates (a baby lotion or wipes)

Depends on: whether it is a children's product, economic operator role

In force since 12 Nov 2008

Applies to products distributed on or after 12 Nov 2008

The certificate duty took effect on November 12, 2008, 90 days after the Consumer Product Safety Improvement Act of 2008 was enacted. The current text of part 1110, as revised by the Commission final rule published on January 8, 2025, applies from July 8, 2026.

A claim that the product or its package is free of BPA or does not contain or use BPA.

Must meet the conditions of A claim that the product is free of BPA must be truthful and be clearly and prominently qualified to the extent necessary to avoid deception. Even a truthful claim may be deceptive if the product contains or uses substances that pose the same or similar environmental risks, or if BPA has not been associated with the product category. A free-of claim can be appropriate for a trace amount only if the level is no more than an acknowledged trace contaminant or background level, its presence does not cause material harm that consumers typically associate with the substance, and it was not added intentionally. These Guides are the FTC's guidance on how Section 5 of the FTC Act applies to environmental claims; they do not ban the claim, but the FTC can act against a claim that is inconsistent with them.

• Claim: BPA-free

In force, start date unknown

The text states only the Federal Register publication date of the current Guides (October 11, 2012); it states no separate effective date.

A compostable claim made for the product or its package.

Must meet the conditions of Do not misrepresent, directly or by implication, that the product or package is compostable.

• Claim: compostable

In force, start date unknown

The text states only the Federal Register publication date of the current Guides (October 11, 2012); it states no separate effective date.

A degradable or biodegradable claim (including oxo-degradable, oxo-biodegradable and photodegradable claims) made for the product or its package.

Must meet the conditions of Do not misrepresent, directly or by implication, that the product or package is degradable, biodegradable, oxo-degradable, oxo-biodegradable or photodegradable.

• Claim: biodegradable

In force, start date unknown

The text states only the Federal Register publication date of the current Guides (October 11, 2012); it states no separate effective date.

A claim that the product or its package is free of formaldehyde or does not contain or use formaldehyde.

Must meet the conditions of A claim that the product is free of formaldehyde must be truthful and be clearly and prominently qualified to the extent necessary to avoid deception. Even a truthful claim may be deceptive if the product contains or uses substances that pose the same or similar environmental risks, or if formaldehyde has not been associated with the product category. A free-of claim can be appropriate for a trace amount only if the level is no more than an acknowledged trace contaminant or background level, its presence does not cause material harm that consumers typically associate with the substance, and it was not added intentionally. These Guides are the FTC's guidance on how Section 5 of the FTC Act applies to environmental claims; they do not ban the claim, but the FTC can act against a claim that is inconsistent with them.

• Claim: formaldehyde-free

In force, start date unknown

The text states only the Federal Register publication date of the current Guides (October 11, 2012); it states no separate effective date.