[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5540 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5540
To amend the Public Health Service Act and the Federal Food, Drug, and
Cosmetic Act with respect to cosmetic safety, with an emphasis on
communities of color and professional salon workers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2021
Ms. Schakowsky (for herself and Ms. Blunt Rochester) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Education and Labor, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Public Health Service Act and the Federal Food, Drug, and
Cosmetic Act with respect to cosmetic safety, with an emphasis on
communities of color and professional salon workers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cosmetic Safety for Communities of
Color and Professional Salon Workers Act of 2021''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Research on health disparities impacting communities of color.
Sec. 4. Research on health concerns impacting professional nail, hair,
and beauty salon workers.
Sec. 5. Support for creating safer alternatives.
Sec. 6. Professional salon product ingredient disclosure in labeling
and on websites.
Sec. 7. Translation of and access to safety data sheets.
Sec. 8. Interagency Council on Cosmetic Safety.
Sec. 9. Inclusion of communities of color in ingredient review.
SEC. 3. RESEARCH ON HEALTH DISPARITIES IMPACTING COMMUNITIES OF COLOR.
Part P of title III of the Public Health Service Act (42 U.S.C. 280
et seq.) is amended by adding at the end the following:
``SEC. 399V-7. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS
IMPACTING COMMUNITIES OF COLOR.
``(a) In General.--The Secretary shall--
``(1) conduct, or award grants for, research relating to
basic, epidemiological, and social scientific investigations
into--
``(A) the chemicals that are linked to adverse
health effects and most commonly found in cosmetics
marketed to women and girls of color, including beauty,
personal hygiene, and intimate care products;
``(B) the use of cosmetics containing such
chemicals by women and girls of color across their
lifespans; or
``(C) the specific adverse health effects
experienced by women and girls of color from exposure
to unsafe chemicals present in cosmetics used by them;
and
``(2) disseminate the results of the investigations
conducted or supported under paragraph (1) to help communities
identify and address potentially unsafe chemical exposures in
the use of cosmetics.
``(b) Report.--Not later than 5 years after awarding the first
grant under subsection (a), the Secretary shall make publicly available
and submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the results of the investigations
conducted or supported under subsection (a), including--
``(1) summary findings on--
``(A) marketing strategies, product categories, and
specific cosmetics containing chemicals linked to
adverse health effects; and
``(B) the demographics of the populations marketed
to and using these cosmetics; and
``(2) recommended public health information strategies to
reduce potentially unsafe exposures from cosmetics.
``(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $7,500,000, for the period of
fiscal years beginning with the fiscal year including the date of
enactment of this section and running through the fifth fiscal year
commencing after such date of enactment.''.
SEC. 4. RESEARCH ON HEALTH CONCERNS IMPACTING PROFESSIONAL NAIL, HAIR,
AND BEAUTY SALON WORKERS.
Part P of title III of the Public Health Service Act (42 U.S.C. 280
et seq.), as amended by section 4, is further amended by adding at the
end the following:
``SEC. 399V-8. RESEARCH ON HEALTH CONCERNS IMPACTING PROFESSIONAL NAIL,
HAIR, AND BEAUTY SALON WORKERS.
``(a) In General.--The Secretary shall--
``(1) conduct, or award grants for, research relating to
basic, epidemiological, and social scientific investigations
into--
``(A) the chemicals that are linked to adverse
health effects and most commonly found in cosmetics
used by professional nail, hair, and beauty salon
workers;
``(B) the types and categories of professional
salon products containing such chemicals and the
availability of safer alternatives; or
``(C) the specific adverse health effects
experienced by professional nail, hair, and beauty
salon workers from exposure to unsafe chemicals present
in cosmetics used in nail, hair, and beauty salons; and
``(2) disseminate the results of the investigations
conducted or supported under paragraph (1) to help professional
nail, hair, and beauty salon workers identify and eliminate
potentially unsafe chemical exposures in their workplace.
``(b) Report.--Not later than 5 years after awarding the first
grant under this section, the Secretary shall make publicly available
and submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the results of the investigations
conducted or supported under subsection (a), including--
``(1) summary findings, with respect to professional nail,
hair, and beauty salon workers, on--
``(A) chemicals of concern and products and product
categories containing ingredients linked to adverse
health effects; and
``(B) the demographics of the populations using
these products and product categories; and
``(2) recommended occupational health information
strategies for professional nail, hair, and beauty salon
workers to reduce potentially unsafe exposures to cosmetics.
``(c) Definitions.--In this section:
``(1) The term `ingredient' means an intentionally added
chemical in a cosmetic that has a technical or functional
effect, including--
``(A) the breakdown products of an intentionally
added chemical that also have a functional or technical
effect in the cosmetic;
``(B) a fragrance, flavor, preservative, or
colorant (and the components thereof); and
``(C) any individual component that the Secretary
deems an ingredient for purposes of this section.
``(1) The term `salon worker' means a cosmetologist, nail
technician, barber, or esthetician who applies or administers a
cosmetic within the scope of their business practices.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $7,500,000, for the period of
fiscal years beginning with the fiscal year including the date of
enactment of this section and running through the fifth fiscal year
commencing after such date of enactment.''.
SEC. 5. SUPPORT FOR CREATING SAFER ALTERNATIVES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, in consultation with the Administrator
of the Environmental Protection Agency, shall award grants to support
research focused on the design of cosmetic chemicals that have no
inherent toxicity or association with adverse health effects.
(b) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on--
(1) replacing chemicals in professional cosmetic products
used by professional nail, hair, and beauty salon workers with
chemicals that are not associated with adverse health events;
(2) replacing chemicals in cosmetic products marketed to
women and girls of color, including any such beauty, personal
hygiene, and intimate care products, with chemicals that are
not associated with adverse health events; or
(3) providing assistance in creating safer product
formulations to minority-owned cosmetic companies that are
manufacturing and marketing cosmetic products to women or girls
of color or professional nail, hair, and beauty salon workers.
(c) Definition.--In this section, the term ``salon worker'' means a
cosmetologist, nail technician, barber, or esthetician who applies or
administers a cosmetic within the scope of their business practices.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for the period of
fiscal years beginning with the fiscal year including the date of
enactment of this section and running through the fifth fiscal year
commencing after such date of enactment.
SEC. 6. PROFESSIONAL SALON PRODUCT INGREDIENT DISCLOSURE IN LABELING
AND ON WEBSITES.
(a) In General.--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:
``SEC. 604. PROFESSIONAL SALON PRODUCT INGREDIENT DISCLOSURE IN
LABELING AND ON WEBSITES.
``(a) In General.--The Secretary shall require that--
``(1) the label on each package of cosmetics for
professional use bears a declaration of the name of each
ingredient in such cosmetic in descending order of
predominance; and
``(2) the internet website of any company manufacturing,
distributing, or selling cosmetics for professional use bears a
declaration of the name of each ingredient in each such
cosmetic in descending order of predominance.
``(b) Adjustments for Label Size.--
``(1) Rules for small products.--Not later than 6 months
after the date of the enactment of this section, the Secretary
shall issue regulations that apply to any cosmetic for which
the packaging is not of sufficient size to bear a label that
meets the requirements of subsection (a).
``(2) Requirements for disclosing to customers and
clients.--The regulations under paragraph (1) shall establish
requirements for listing ingredients on the label of such
cosmetics and additional requirements, as appropriate.
``(c) Definition.--In this section:
``(1) Ingredient.--The term `ingredient' means an
intentionally added chemical in a cosmetic that has a technical
or functional effect, including--
``(A) the breakdown products of an intentionally
added chemical that also have a functional or technical
effect in the cosmetic;
``(B) a fragrance, flavor, preservative, or
colorant (and the components thereof); and
``(C) any individual component that the Secretary
deems an ingredient for purposes of this section.
``(2) Professional use.--The term `professional use'
means--
``(A) the application of a cosmetic to a human
customer or client that is intended only for use by an
employee or contractor, in settings such as
cosmetology, nail care, barbering, esthetics, spa, and
other professions as determined by the Secretary
through regulation; or
``(B) the use by, or application to a human of a
cosmetic purchased from a hair salon, nail salon,
beauty salon, spa, or other establishment that provides
cosmetic treatment services for humans.''.
(b) Misbranding.--Section 602 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the
following:
``(g) If it is not labeled as required under section 604(a)(1).''.
(c) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(fff) The failure to post a declaration on the internet website
of any company manufacturing, distributing, or selling cosmetics for
professional use as required under section 604(a)(2).''.
(d) Applicability.--Sections 604, 602(g), and 301(fff) of the
Federal Food, Drug, and Cosmetic Act, as added by this section, shall
apply beginning on a date that is determined by the Commissioner of
Food and Drugs, but is not later than 18 months after the date of
enactment of this Act.
SEC. 7. TRANSLATION OF AND ACCESS TO SAFETY DATA SHEETS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Labor shall issue a standard
under section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655) that requires the following:
(1) Each manufacturer or importer selling any cosmetic for
professional use shall--
(A) obtain or develop a safety data sheet described
in subsection (b) for each such cosmetic or personal
care product that--
(i) the manufacturer or importer produces
or imports; and
(ii) includes a hazardous chemical, or a
product ingredient associated with any chemical
hazard, that is classified as a health hazard
in accordance with the criteria found in
section 1910.1200(d) of title 29 of the Code of
Federal Regulations, and any successor
regulations; and
(B) make the safety data sheet available on the
manufacturer or importer's website (in addition to any
other required manner of making such sheet available)
to distributors and employers, including owners of
hair, nail, and beauty salons or spas or other
establishments that provide cosmetic services for
humans, in English, Spanish, Vietnamese, Chinese,
Korean, and upon request other languages.
(2) Each distributor of a cosmetic or personal care product
for professional use shall distribute and provide safety data
sheets described in subsection (b) in the same manner as a
distributor of a chemical hazard is required to distribute and
provide safety data sheets under section 1910.1200(g) of title
29, Code of Federal Regulations, or any successor regulations.
(3) Each employer, including any operator of a salon or
other establishment described in paragraph (1)(B), shall--
(A) have a safety data sheet in the workplace for
each cosmetic or personal care product for professional
use that is used in the course of the employer's
business;
(B) make such safety data sheet available to all
employees of the employer who are exposed or use the
product to the same extent and in the same manner as
safety data sheets are required to be made available
under section 1910.1200(g) of title 29, Code of Federal
Regulations, or any successor regulations; and
(C) upon request, provide employees with
translations of such safety data sheet in other
languages, including Spanish, Vietnamese, Chinese,
Korean, and upon request other languages.
(b) Contents of Safety Data Sheet.--A safety data sheet for a
cosmetic or personal care product for professional use described in
this section shall--
(1) contain the information required in a safety data sheet
under section 1910.1200(g) of title 29, Code of Federal
Regulations, or any successor regulations, for each hazardous
chemical, or product ingredient associated with any chemical
hazard, described in subsection (a)(1)(A)(ii); and
(2) include the following statement: ``This safety data
sheet is also available in multiple languages by contacting the
manufacturer, using the contact information provided on this
sheet.''.
(c) Definitions.--In this section:
(1) Ingredient.--The term ``ingredient'' means an
intentionally added chemical in a cosmetic that has a technical
or functional effect, including--
(A) the breakdown products of an intentionally
added chemical that also have a functional or technical
effect in the cosmetic;
(B) a fragrance, flavor, preservative, or colorant
(and the components thereof); and
(C) any individual component that the Secretary
deems an ingredient for purposes of this section.
(2) Manufacturer.--The term ``manufacturer'' means the
entity that produces ingredients or combines one or more
ingredients to produce a cosmetic product.
(3) Professional use defined.--The term ``professional
use'' has the meaning given to such term in section 604 of the
Federal Food, Drug, and Cosmetic Act, as added by section 6.
SEC. 8. INTERAGENCY COUNCIL ON COSMETIC SAFETY.
(a) In General.--The Secretary of Health and Human Services shall
establish and maintain an Interagency Council on Cosmetic Safety for
the purpose of sharing data and promoting collaboration on cosmetic
safety and generating solutions to address the adverse health effects
experienced by women and girls of color and professional nail, hair,
and beauty salon workers because of using or working with unsafe
chemicals in cosmetics and personal care products.
(b) Composition.--The members of the Interagency Council shall
consist of the following:
(1) The Commissioner of Food and Drugs (or the
Commissioner's designee).
(2) The Director of the National Institute of Environmental
Health Sciences (or the Director's designee).
(3) The Director of the Centers for Disease Control and
Prevention (or the Director's designee).
(4) The Assistant Secretary of Labor for Occupational
Safety and Health (or the Assistant Secretary's designee).
(5) The Administrator of the Environmental Protection
Agency (or the Administrator's designee).
(6) The Administrator of the Small Business Administration
(or the Administrator's designee).
(7) The Secretary of Labor (or the Secretary's designee).
(c) Use of Data From Federal Sources.--For purposes of this
section, the Secretary, as appropriate, shall request and utilize
ingredient and cosmetic toxicity, use, and exposure data from other
Federal agencies.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall make publicly available and submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate a
report including--
(1) a summary of data shared with the Interagency Council
by other Federal agencies;
(2) a listing and description of the Secretary's use of
ingredient, toxicity, and exposure data from other Federal
agencies that was found to be relevant to cosmetic use; and
(3) recommended research, occupational health, small
business assistance, public information, and other strategies
to reduce potentially unsafe exposures to cosmetic chemicals.
(e) Definitions.--In this section:
(1) The term ``ingredient'' means an intentionally added
chemical in a cosmetic that has a technical or functional
effect, including--
(A) the breakdown products of an intentionally
added chemical that also have a functional or technical
effect in the cosmetic;
(B) a fragrance, flavor, preservative, or colorant
(and the components thereof); and
(C) any individual component that the Secretary
deems an ingredient for purposes of section.
(2) The term ``Interagency Council'' means the Interagency
Council on Cosmetic Safety.
(3) The term ``salon worker'' means a cosmetologist, nail
technician, barber, or esthetician who applies or administers a
cosmetic within the scope of their business practices.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 9. INCLUSION OF COMMUNITIES OF COLOR IN INGREDIENT REVIEW.
Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
361 et seq.), as amended by section 6, is further amended by adding at
the end the following:
``SEC. 605. INCLUSION OF COMMUNITIES OF COLOR IN INGREDIENT REVIEW.
``(a) In General.--The Secretary shall establish and implement a
process to evaluate cosmetics (including nonfunctional constituents and
ingredients) marketed to and used by women and girls of color to ensure
that such cosmetics are in full compliance with the requirements of
this chapter.
``(b) Process Requirements.--This process established under
subsection (a) shall include--
``(1) issuing guidance on the process;
``(2) selecting cosmetics, nonfunctional constituents, and
ingredients for evaluation under such process, including those
linked to adverse health effects in women and girls of color;
``(3) review of the relevant scientific evidence, clinical
studies, data, or other information; and
``(4) convening a public meeting with respect to each
cosmetic, nonfunctional constituent, and ingredient that is
selected for evaluation.
``(c) Advisory Committee.--
``(1) In general.--The Secretary shall maintain a permanent
advisory committee to advise the Secretary in connection with
the process under this section.
``(2) Membership.--The members of such advisory committee
shall include--
``(A) the Deputy Assistant Secretary for Minority
Health (or the Deputy Assistant Secretary's designee);
and
``(B) individuals from nonprofit organizations
representing women of color and professional nail,
hair, and beauty salon workers.
``(d) Definitions.--In this section:
``(1) The term `ingredient' has the meaning given to such
term in section 604.
``(2) The term `nonfunctional constituent' means a chemical
that has no functional or technical effect on the product or
ingredient and is present--
``(A) as an incidental component of an
intentionally added ingredient;
``(B) as a breakdown product of an intentionally
added ingredient;
``(C) as a byproduct of the manufacturing process;
``(D) due to the storage of primary substances; or
``(E) due to the instability of the packaging.
``(3) The term `salon worker' means a cosmetologist, nail
technician, barber, or esthetician who applies or administers a
cosmetic within the scope of their business practices.''.
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