Reporting for phosphoric acid decyl/octyl salts

Summary#

Order 2025-87-02-01 Amending the Domestic Substances List adds one chemical — phosphoric acid, mixed decyl and octyl esters, potassium salts (70879-47-9) — to the federal Domestic Substances List. It keeps reporting (a “significant new activity” or SNAn) for uses or imports of that substance in cosmetics that contain it above 1% by weight, with a short transitional quantity rule through December 7, 2025 and a new lower import threshold after December 8, 2025.

What it does#

• Adds the chemical identified by CAS number 70879-47-9 to Part 2 of the Domestic Substances List.
• Keeps the Significant New Activity (SNAc) reporting requirement for cosmetics that contain the substance at concentrations above 1% by weight.
• Sets temporary (transitional) notification thresholds that apply from the order’s registration day through December 7, 2025:
  • Use in manufacture or import of the substance in cosmetics triggers a notification only if the total quantity in all such products during that period is greater than 100 kg.
• Sets the long-term thresholds that apply from December 8, 2025 (or on registration if later):
  • Importation of the substance in cosmetics with the substance at >1% by weight triggers the SNAc if the total imported in a calendar year is equal to or greater than 10 kg.
  • Use in the manufacture of cosmetics containing the substance at >1% by weight also remains a significant new activity (the replacement text does not add a separate small-quantity exemption for manufacture).
• Requires any person proposing a significant new activity to submit a notification at least 90 days before beginning, with specific information including anticipated quantities and studies on eye/skin irritation and dermal penetration.
• Exempts research-and-development uses, site-limited intermediates, export-only products, and activities already regulated under certain other federal Acts.

Who's affected#

• Companies that make cosmetics in Canada and companies that import cosmetics. They will notice this if their products contain phosphoric acid, mixed decyl and octyl esters, potassium salts (70879-47-9) at more than 1% by weight.
• Chemical suppliers and distributors who handle or sell that substance for cosmetic use.
• Small businesses only if they plan to import or start manufacturing cosmetics containing the substance above the stated thresholds. The government says current activities are not newly restricted.
• Research labs and exporters generally are not affected when their use falls into the stated exemptions.

Why it matters#

• The rule keeps a formal check on new or expanded cosmetic uses of this chemical because federal assessments flagged possible eye, skin and other health concerns at some uses and doses.
• Anyone planning to start importing or manufacturing cosmetics with this substance above the thresholds must notify the government and wait for assessment. That can mean time and testing costs before the new activity can begin.
• Adding the chemical to the Domestic Substances List also ends its coverage by the New Substances Notification Regulations (Chemicals and Polymers), which the government says may make ordinary access easier while preserving oversight for significant new uses.