This bill requires the Food and Drug Administration (FDA) to maintain a list of certain chemicals incidentally present in cosmetics, known as nonfunctional constituents, that are harmful to human health or the environment. The bill also imposes certain testing and disclosure requirements on cosmetics brand owners (i.e., entities bringing cosmetics to market) and suppliers of cosmetics, packaging, and ingredients.
For each listed nonfunctional constituent, the FDA must identify the ingredient or cosmetic in which the constituent is known or reasonably expected to be present. The FDA must also (1) accept petitions to add substances to the list, (2) issue guidance for industry related to testing and detecting such nonfunctional constituents, and (3) establish a committee to provide advice on creating the list and developing the required industry guidance.
Within a year of a nonfunctional constituent being added to the list, a supplier of an ingredient or cosmetic must test for that constituent and provide a brand owner the results and other information before selling the ingredient or cosmetic to the brand owner. A supplier of an ingredient or cosmetic must provide additional information about the item upon a brand owner's request.
Brand owners and other entities in the supply chain of a cosmetic must maintain records with information about the suppliers of ingredients and raw materials used in their cosmetics and provide such information to the FDA upon request.
The bill also imposes civil penalties for entities that violate this bill's provisions.
