State of California Office of Administrative Law In re: Board of Barbering and Cosmetology NOTICE OF APPROVAL OF REGUL:.ATORY ACTION Regulatory Action: Government Code Section 11349.3 Title 16, California Code of Regulations OAL File No 2014-1007-01 S Adopt sections: Amend sections: 950.2, 950.9 Repeal sections: This regular rulemaking by the Board of Barbering and Cosmetology ("BBC") amends 16 CCR §§ 950.2 and 950.9 Specifically, this rulemaking clarifies that the eyebrow and lash tinting component of the cosmetology and crossover curriculums should only be taught if a product is available that is not disapproved, prohibited, or banned by the U.S Food and Drug Administration (the 11 FDA 11 ), the Occupational Safety and Health Administration (''OSHA11 ), or the U.S Environmental Protection Agency (the 11 EPA") Currently, the FDA disapproves of the use of all eyebrow and lash tinting products around the eye Under 16 CCR § 989, BBC prohibits the use of any products disapproved by the FDA BBC is amending Sections 950.2 and 950.9 because several schools and licensees have expressed confusion regarding whether they should teach brow tinting Sections 950.2 and 950.9 were also amended to include OSHA and the EPA because these agencies could also weigh in on the legality or use of barbering and cosmetology products OAL approves this regulatory action pursuant to section 11349.3 of the Government Code This regulatory action becomes effective on 1/1/2015 Date: 11/19/2014 For: Original: Kristy Underwood Copy: Kevin Flanagan DEBRA M CORNEZ Director