Sec. 23. Cosmetic labeling
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/bill/117/hr/2021/ih/section-23A 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.) is amended by adding at the end the following: With respect to cosmetics, the term professional means an individual who— is licensed by an official State authority to practice in the field of cosmetology, nail care, barbering, or esthetics; has complied with all requirements set forth by the State for such licensing; and has been granted a license by a State board or legal agency or legal authority.
Cosmetic products used and sold by professionals shall list all ingredients and warnings, as required for other cosmetic products under this chapter. In the case of a cosmetic product intended to be used only by a professional on account of a specific ingredient or increased concentration of an ingredient that requires safe handling by trained professionals, the product shall bear a statement as follows: To be Administered Only by Licensed Professionals . A listing required under subsection (a)(2) and a statement required under subsection (a)(3) shall be prominently displayed— in the primary language used on the label; and in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed on the label.
In the case of internet sales of cosmetics, each internet website offering a cosmetic product for sale to consumers shall provide the same information that is included on the packaging of the cosmetic product as regularly available through in-person sales, except information that is unique to a single cosmetic product sold in a retail facility, such as a lot number or expiration date, and the warnings and statements described in subsection
(b)shall be prominently and conspicuously displayed on the website. The label on each cosmetic shall bear the domestic telephone number or electronic contact information, and it is encouraged that the label include both the telephone number and electronic contact information, that consumers may use to contact the responsible person with respect to adverse events. The contact number shall provide a means for consumers to obtain additional information about ingredients in a cosmetic, including the ability to ask if a specific ingredient may be present that is not listed on the label, including whether a specific ingredient may be contained in the fragrance or flavor used in the cosmetic. The manufacturer of the cosmetic is responsible for providing such information, including obtaining the information from suppliers if it is not readily available. Suppliers are required to release such information upon request of the cosmetic manufacturer. . Section 602 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 362 ) is amended by adding at the end the following: If its labeling does not conform with a requirement under section 604. . Section 604 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act.
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