HOUSE DOCKET, NO. 1948        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2108

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to healthy cosmetics..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 94 of the General Laws is hereby amended by inserting after section 187H the following sections:-

187I.  For the purposes of this section and sections 187J and 187 K the following terms shall have the following meanings:-Cosmetic Ingredient Review is a public-private partnership that reviews and assesses the safety of ingredients used in cosmetics in an open, unbiased, and expert manner, and publishes the results in open, peer-reviewed, scientific literature.  Cosmetic Ingredient Review is a collaborative effort supported by the U.S. Food and Drug Administration, Consumer Federation of America, and the cosmetic industry.

Manufacturer means any entity, including a distributor, whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the U.S. Code of Federal Regulations,

Unsafe Cosmetic Ingredient means a cosmetic ingredient that has been identified as unsafe at any level for use in a cosmetic product in a report submitted to the U.S. Federal Food and Drug Administration by the Cosmetic Ingredient Review (CIR). 

187J.  Manufacturers who distribute, sell, offer for sale or manufacture for sale cosmetic products shall report to the department of public health on the use of any unsafe cosmetic ingredient in a cosmetic product.  If a manufacturer does not manufacture any cosmetic product that contains an unsafe cosmetic ingredient, then no reporting is required to the department of public health.

187K.  A cosmetic product that contains an ingredient that is identified as an Unsafe Cosmetic Ingredient as defined in this section, shall be deemed to be adulterated or misbranded or both.

187L.  The Department of Public Health shall report to the General Court on the reports submitted pursuant to section 187J, investigations and enforcement action, and recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the House of Representatives on or before January 1, 2011.

SECTION 2.  For the purposes of section 187J the effective date shall be one year following enactment.

SECTION 3.  For the purposes of section 187K the effective date shall be two years following enactment.