Sec. 110. Preemption
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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 109, is further amended by adding the following: No State or political subdivision of a State may establish or continue in effect any requirement for cosmetics, other than a requirement that is in full effect and implemented on the date of enactment of the Personal Care Products Safety Act — with respect to registration, good manufacturing practices, mandatory recalls, or adverse event reporting; or with respect to the safety of a cosmetic ingredient or non-functional constituent that is the subject of a final order on a determination of safety under this chapter, unless the requirement of the State or political subdivision is more restrictive than the final order under section 607(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 607(a)(3) and opened the public comment period under section 607(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.
With respect to the cosmetic ingredients to be reviewed in the first year, in accordance with section 607(a)(3), for the 1-year period beginning on the date that is 6 months after the date of enactment of the Personal Care Products Safety Act , no State or political subdivision of a State may establish any new requirement related to such cosmetic ingredient or non-functional constituent. Subsection (a)(2) shall not be construed to affect the authority of a State or political subdivision of a State with respect to any requirement for the safety of a cosmetic ingredient or non-functional constituent that is unrelated to the scope of the safety assessment under section 607.
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 607 should utilize the safety assessment criteria described in section 607(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 .
Nothing in the amendments to this Act made by the Personal Care Products Safety Act shall be construed to preempt any State statute, public initiative, referendum, or other State action, except as expressly provided in this section. Nothing in the amendments to this Act made by the Personal Care Products Safety Act , nor any standard, rule, requirement, regulation, adverse event report, safety assessment, safety determination, scientific assessment, or order issued or implemented pursuant to such amendments, shall be construed to modify or otherwise affect, preempt, or displace any cause of action or State or Federal law creating a remedy for civil relief or criminal cause of action, whether statutory or based in common law.
It is the sense of the Senate that subsection
(e)does not negate the other provisions of this section. .
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U.S. Code