Sec. 109. Preemption
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/bill/114/s/1014/is/section-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 108, is further amended by adding the following: Except for a State requirement that is in full effect and implemented on the date of enactment of the Personal Care Products Safety Act , no State or political subdivision of a State may establish or continue in effect any requirement for cosmetics with respect to registration, good manufacturing practices, mandatory recalls, or adverse event reporting.
Except for a State requirement that is more restrictive than a final order issued under section 608(d)(3) and that is in full effect and implemented on the date of enactment of the Personal Care Products Safety Act , no State or political subdivision of a State may establish or continue in effect any requirement with respect to the safety of a cosmetic ingredient or non-functional constituent that is the subject of a final order under section 608(d)(3) that is different from, or in addition to, a final order issued under section 608(d)(3).
From the date that the Food and Drug Administration has made public the final selection of a cosmetic ingredient or non-functional constituent to be reviewed in the coming year under section 608(a)(3)(B), and opened the public comment period under section 608(a)(2), until the date that is one year after the Food and Drug Administration has made public such selection, no State or political subdivision of a State may establish any new requirement related to such cosmetic ingredient or non-functional constituent.
This subsection shall not be construed to modify or affect the authority of a State or political subdivision of a State with respect to such safety requirements unrelated to the scope of the safety assessment under section 608. It is the sense of Congress that a State or political subdivision that regulates the safety of cosmetics with respect to the health of humans beyond the scope of section 608 should utilize the safety assessment criteria described in section 608(h). For purposes of this section:
A State requirement includes a State requirement that is adopted by a State public initiative or referendum. The term full effect and implemented includes requirements of States that are implemented after the date of enactment of the Personal Care Products Safety Act , if such requirements are under a law that was in effect, or a lawful program that was established and functioning, prior to the date of enactment of the Personal Care Products Safety Act . Notwithstanding any other provision of this Act, no provision of this chapter relating to a cosmetic shall be construed to modify or otherwise affect any action or the liability of any person under State or Federal common law.
The Personal Care Products Safety Act , including the amendments made by such Act, shall not be construed to preempt any State statute, public initiative, referendum, or common law, except as expressly provided in this section. .
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U.S. Code