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HF 3154

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2008

Current Version - as introduced

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A bill for an act
relating to health; establishing the "Safe Cosmetics Act"; requiring manufacturers
of cosmetics to disclose cancer causing ingredients; proposing coding for new
law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.172] SAFE COSMETICS.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This section may be referred to as the "Safe Cosmetics Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise.
new text end

new text begin (a) "Authoritative body" means any agency or formally organized program or
group recognized by the commissioner of health as being authoritative for the purpose of
identifying chemicals that cause cancer or reproductive toxicity.
new text end

new text begin (b) "Chemical identified as causing cancer or reproductive toxicity" means a
chemical identified by an authoritative body as any of the following:
new text end

new text begin (1) a substance listed as known or reasonably anticipated to be a human carcinogen
in a National Toxicology Report on carcinogens;
new text end

new text begin (2) a substance given an overall carcinogenicity evaluation of Group 1, Group 2A,
or Group 2B, by the International Agency for Research on Cancer;
new text end

new text begin (3) a substance identified as a Group A, Group B1, or Group B2 carcinogen, or as a
known or likely carcinogen by the United States Environmental Protection Agency; or
new text end

new text begin (4) a substance identified as having some or clear evidence of adverse developmental,
male reproductive, or female reproductive toxicity effects in a report by an expert panel
of the National Toxicology Program's Center for the Evaluation of Risks to Human
Reproduction.
new text end

new text begin (c) "Commissioner" means the commissioner of health.
new text end

new text begin (d) "Cosmetics" has the same meaning as that term is defined in United States Code,
title 21, chapter 9, subchapter II, section 321, and includes:
new text end

new text begin (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into,
or otherwise applied to the human body or any part thereof for cleansing, beautifying,
promoting attractiveness, or altering the appearance; and
new text end

new text begin (2) articles intended for use as a component of any such articles, excluding soap.
new text end

new text begin (e) "Ingredient" has the same meaning as that term is defined in Code of Federal
Regulations, title 21, chapter 1, part 700, section 700.3, subdivision (e), and does not
include any incidental ingredient as defined in Code of Federal Regulations, title 21,
chapter 1, part 701, section 701.3, subdivision (1).
new text end

new text begin (f) "Manufacturer" means any person whose name appears on the label of a cosmetic
product pursuant to the requirements of Code of Federal Regulations, title 21, section
701.12.
new text end

new text begin Subd. 3. new text end

new text begin Program established. new text end

new text begin (a) Beginning January 1, 2009, the manufacturer of
any cosmetic product subject to regulation by the federal Food and Drug Administration
that is sold in this state shall, on a schedule and in electronic or other format, as determined
by the commissioner, provide the commissioner with a complete and accurate list of its
cosmetic products that, as of the date of submission, are sold in the state and that contain
any ingredient that is a chemical identified as causing cancer or reproductive toxicity,
including any chemical that meets either of the following conditions:
new text end

new text begin (1) a chemical contained in the product for purposes of fragrance or flavoring; or
new text end

new text begin (2) a chemical identified by the phrase "and other ingredients" and determined to
be a trade secret pursuant to the procedure established in Code of Federal Regulations,
title 21, part 702, section 720.8, and part 20. Any ingredient identified pursuant to this
paragraph shall be considered trade secret information and shall be treated as nonpublic
information as required under section 13.37 and in accordance with Code of Federal
Regulations, title 21, part 720, and part 20.
new text end

new text begin (b) Any information submitted pursuant to paragraph (a) shall identify each chemical
both by name and Chemical Abstract Service number and shall specify the product or
products in which the chemical is contained.
new text end

new text begin (c) If an ingredient identified pursuant to this subdivision subsequently is removed
from the product in which it was contained or is no longer a chemical identified as
causing cancer or reproductive toxicity by an authoritative body, the manufacturer of the
product containing the ingredient shall submit the new information to the commissioner.
Upon receipt of new information, the commissioner, after verifying the accuracy of that
information, shall revise the manufacturer's information on record with the commissioner
to reflect the new information. The manufacturer shall not be under obligation to submit
subsequent information on the presence of the ingredient in the product unless subsequent
changes require submittal of the information.
new text end

new text begin (d) This subdivision shall apply to cosmetic products that may also be regulated as a
drug by the federal Food and Drug Administration.
new text end

new text begin Subd. 4. new text end

new text begin Investigations. new text end

new text begin (a) In order to determine potential health effects of
exposure to ingredients in cosmetics sold in the state, the commissioner may conduct an
investigation of one or more cosmetic products that contain chemicals identified as causing
cancer or reproductive toxicity or other ingredients of concern to the commissioner.
new text end

new text begin (b) An investigation conducted pursuant to paragraph (a) may include, but not
be limited to, a review of available health effects data and studies, worksite health
hazard evaluations, epidemiological studies to determine the health effects of exposures
to chemicals in various subpopulations, and exposure assessments to determine total
exposures to individuals in various settings.
new text end

new text begin (c) If an investigation is conducted pursuant to paragraph (a), the manufacturer
of any product subject to the investigation may submit relevant health effects data and
studies to the commissioner.
new text end

new text begin (d) In order to further the purposes of an investigation, the commissioner
may require manufacturers of products subject to the investigation to submit to the
commissioner relevant health effects data and studies available to the manufacturer and
other available information as requested by the commissioner, including, but not limited
to, the concentration of the chemical in the product, the amount by volume or weight of
the product that comprises the average daily application or use, and sales and use data
necessary to determine where the product is used in the occupational setting.
new text end

new text begin (e) The commissioner shall establish reasonable deadlines for the submittal of
information required pursuant to paragraph (d). Failure by a manufacturer to submit the
information in compliance with the requirements of the commissioner shall constitute a
violation of this section.
new text end

new text begin (f) If the commissioner determines pursuant to an investigation that an ingredient
in a cosmetic product is potentially toxic at the concentrations present in the product or
under the conditions used, the commissioner shall immediately refer the results of its
investigation to the commissioner of labor and industry.
new text end

new text begin (g) Within 180 days of receiving the results of an investigation pursuant to paragraph
(b), the commissioner of labor and industry shall, pursuant to section 182.655, develop and
present one or more proposed occupational health standards to the Occupational Safety
and Health Advisory Council, unless the commissioner of labor and industry affirmatively
determines, in a written finding within 90 days, that a standard is not necessary to protect
the health of an employee who has regular exposure to the hazard for the period of the
employee's working life. The written finding shall identify the reasons for determining the
standard is not necessary and the factual basis for the finding.
new text end