MODEL BILLS
Safe Cosmetics Act
Summary: The Safe Cosmetics Act would require the manufacturers of cosmetic products to disclose lists of ingredients to the department of health, and would authorize the department to investigate and publicize the safety of such products and ingredients.
SECTION 1. SHORT TITLE
This Act shall be called the “Safe Cosmetics Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature finds that:
1. Independent testing in the United States and the European Union has determined that many cosmetic products contain substances known or suspected to be carcinogens or toxic to humans.
2. The federal Food and Drug Administration (FDA) does not require pre-market safety testing, review, or approval of cosmetic products.
3. Cosmetic products are most heavily used by women of childbearing age, increasing the likelihood of exposing mothers, fetuses, and nursing children to substances that can cause cancer and reproductive toxicity.
4. Beauty care workers, including cosmetologists and manicurists, are most exposed to the harmful effects of carcinogens and reproductive toxins in cosmetics. Cosmetologists and manicurists are overwhelmingly women and minorities.
5. Alternatives to carcinogenic and toxic substances are readily available for use in cosmetic products. A number of manufacturers, including both small domestic producers and large multinational corporations, have eliminated such substances from their products.
(B) PURPOSE—This law is enacted to protect the health of residents who use cosmetics, their children, and workers in the beauty care industry.
SECTION 3. SAFE COSMETICS
After section XXX, the following new section XXX shall be inserted:
(A) DEFINITIONS—In this section:
1. “Authoritative body” means any agency or formally organized program or group recognized by the [State Department of Health] as being authoritative for the purpose of identifying chemicals that cause cancer or reproductive toxicity.
2. “Chemical identified as causing cancer or reproductive toxicity” means a chemical identified by an authoritative body as any of the following:
a. A substance listed as known or reasonably anticipated to be a human carcinogen in a National Toxicology Report on carcinogens;
b. A substance given an overall carcinogenicity evaluation of Group 1, Group 2A, or Group 2B by the International Agency for Research on Cancer;
c. A substance identified as a Group A, Group B1, or Group B2 carcinogen, or as a known or likely carcinogen by the United States Environmental Protection Agency; or
d. A substance identified as having some or clear evidence of adverse developmental, male reproductive, or female reproductive toxicity effects in a report by an expert panel of the National Toxicology Program’s Center for the Evaluation of Risks to Human Reproduction.
3. “Division” means the Division of [Environmental Safety] within the State Department of [Health].
4. “Ingredient” has the same meaning as that term is defined in subdivision (e) of Section 700.3 of Part 700 of Chapter 1 of Title 21 of the Code of Federal Regulations and does not include any incidental ingredient as defined in subdivision (l) of Section 701.3 of Part 701 of Chapter 1 of Title 21 of the Code of Federal Regulations.
5. “Manufacturer” means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.
6. “Secretary” means the Secretary of the Department of [Health], or the Secretary’s designee.
(B) ESTABLISHMENT OF THE PROGRAM
1. Commencing January 1, 20XX, the manufacturer of any cosmetic product subject to regulation by the federal Food and Drug Administration that is sold in this state shall, on a schedule and in electronic or other format, as determined by the Secretary, provide the Division with a complete and accurate list of its cosmetic products that, as of the date of submission, are sold in the state and that contain any ingredient that is a chemical identified as causing cancer or reproductive toxicity, including any chemical that meets either of the following conditions:
a. A chemical contained in the product for purposes of fragrance or flavoring; or
b. A chemical identified by the phrase “and other ingredients” and determined to be a trade secret pursuant to the procedure established in Part 20 and Section 720.8 of Part 720 of Title 21 of the Code of Federal Regulations. Any ingredient identified pursuant to this paragraph shall be considered to be a trade secret and shall be treated by the division in a manner consistent with the requirements of Part 20 and Part 720 of Title 21 of the Code of Federal Regulations. Any ingredients considered to be a trade secret shall not be subject to the [state Public Records Act] for the purposes of this section.
2. Any information submitted pursuant to paragraph (1) shall identify each chemical both by name and Chemical Abstract Service number and shall specify the product or products in which the chemical is contained.
3. If an ingredient identified pursuant to this section subsequently is removed from the product in which it was contained or is no longer a chemical identified as causing cancer or reproductive toxicity by an authoritative body, the manufacturer of the product containing the ingredient shall submit the new information to the division. Upon receipt of new information, the division, after verifying the accuracy of that information, shall revise the manufacturer’s information on record with the division to reflect the new information. The manufacturer shall not be under obligation to submit subsequent information on the presence of the ingredient in the product unless subsequent changes require submittal of the information.
4. This section shall apply to cosmetic products that may also be regulated as a drug by the federal Food and Drug Administration.
(C) ADMINISTRATION OF THE PROGRAM
1. In order to determine potential health effects of exposure to ingredients in cosmetics sold in the state, the division may conduct an investigation of one or more cosmetic products that contain chemicals identified as causing cancer or reproductive toxicity or other ingredients of concern to the division.
2. An investigation conducted pursuant to paragraph (1) may include, but not be limited to, a review of available health effects data and studies, worksite health hazard evaluations, epidemiological studies to determine the health effects of exposures to chemicals in various subpopulations, and exposure assessments to determine total exposures to individuals in various settings.
3. If an investigation is conducted pursuant to paragraph (1), the manufacturer of any product subject to the investigation may submit relevant health effects data and studies to the division.
4. In order to further the purposes of an investigation, the division may require manufacturers of products subject to the investigation to submit to the division relevant health effects data and studies available to the manufacturer and other available information as requested by the division, including, but not limited to, the concentration of the chemical in the product, the amount by volume or weight of the product that comprises the average daily application or use, and sales and use data necessary to determine where the product is used in the occupational setting.
5. The division shall establish reasonable deadlines for the submittal of information required pursuant to paragraph (4). Failure by a manufacturer to submit the information in compliance with the requirements of the division shall constitute a violation of this part.
6. If the division determines that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, the division shall make a report to the legislature, make its findings available to the general public, and refer the results to the [Office of Occupational Safety and Health].
7. Within 180 days after it receives the results of an investigation pursuant to paragraph (2), the [Office of Occupational Safety and Health] shall develop and present one or more proposed occupational health standards to the [Occupational Safety and Health Standards Board].
SECTION 4. EFFECTIVE DATE
This Act shall take effect on July 1, 20XX.