Sec. 108. Fragrance allergen disclosure
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Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 107, is further amended by adding at the end the following: Not later than 2 years after the date of enactment of the Personal Care Products Safety Act , the responsible person shall include on the label of any cosmetic product containing one or more fragrance allergens, a list of each such fragrance allergen present in a rinse-off cosmetic at a concentration above 0.01 percent (100 ppm) or present in a leave-on cosmetic product at a concentration above .001 percent (10 ppm), in a form and manner as specified by the Food and Drug Administration. .
The fragrance allergens required to be identified on a label of a cosmetic product pursuant to subsection
(a)include— alpha-Isomethyl ionone; amyl cinnamal; amylcinnamyl alcohol; anise alcohol; benzyl alcohol; benzyl benzoate; benzyl cinnamate; benzyl salicylate; butylphenyl methylpropional; cinnamal; cinnamyl alcohol; citral; citronellol; coumarin; eugenol; evernia prunastri (oak moss); evernia furfuracea (tree moss); farnesol; geraniol; hexyl cinnamal; hydroxycitronellal; hydroxyisohexyl 3-cyclohexene carboxaldehyde; isoeugenol; limonene; linalool; methyl 2-octynoate; and other substances as identified by the Food and Drug Administration in guidance issued pursuant to this section. Not later than one year after the date of enactment of the Personal Care Products Safety Act , the Food and Drug Administration shall issue guidance specifying the form and manner of fragrance allergen listing on the label of cosmetic products pursuant to subsection (a). The guidance described in paragraph
(1)shall— specify the form and manner of fragrance allergen listing for cosmetic products where the package or label is too small or otherwise is unable to accommodate a label with sufficient space to bear the information required for compliance with this section; and take into consideration requirements under international regulations for fragrance allergen labeling, as appropriate. The Food and Drug Administration may, as appropriate, update the list of fragrance allergens to include additional substances pursuant to guidance issued under this subsection and taking into consideration international regulations, as appropriate. The contact information on the label on a cosmetic product for consumers to report adverse events shall also provide a means for consumers to obtain additional information about the inclusion of any recognized fragrance allergen required to be included on such label under subsection (a). The responsible person shall— upon receipt of a request for information under paragraph (1), promptly obtain and provide such information to the requesting consumer; and in the case of information in the possession of a supplier, promptly obtain such information from such supplier, if reasonably available. A relevant supplier shall promptly provide information requested to a responsible person pursuant to subparagraph (A)(ii). . Section 602 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 362 ), as amended by section 114(c), is further amended by adding at the end the following: If its labeling or packaging does not contain a listing of ingredients that meets the requirements of section 614. . The amendments made by this section shall apply with respect to cosmetics introduced or delivered for introduction into interstate commerce on or after the date that is 2 years after the date of enactment of this Act.
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