[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2546 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2546
To require the Commissioner of Food and Drugs to develop standards for
``Reef Safe'' and ``Ocean Safe'' labels for sunscreen.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2021
Mr. Merkley (for himself and Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Commissioner of Food and Drugs to develop standards for
``Reef Safe'' and ``Ocean Safe'' labels for sunscreen.
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 ``Reef Safe Act of 2021''.
SEC. 2. LABELING CRITERIA FOR ``REEF SAFE'' AND ``OCEAN SAFE''
SUNSCREEN.
(a) In General.--As soon as practicable, but not later than 2 years
after the date of enactment of this Act, the Secretary, acting through
the Commissioner, shall develop labeling criteria for ``Reef Safe'' and
``Ocean Safe'' designations for nonprescription sunscreen, in
consultation with the Administrator of the Environmental Protection
Agency and the Administrator of the National Oceanic and Atmospheric
Administration.
(b) Reef Safe Label.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, acting through the
Commissioner, shall develop standards for use of the term
``Reef Safe'' on the labeling of nonprescription sunscreen,
which shall conform with the requirements of section 502 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352).
(2) Criteria and consultation.--In developing the standards
described in paragraph (1), the Secretary shall--
(A) consider the impacts of active sunscreen
ingredients on the mortality of, and developmental or
reproductive disruptions to, ecologically- or
economically-valuable marine species, including fish,
fish larvae, sea urchins, coral, crustaceans, sea
grasses, and macroalgae;
(B) consult with appropriate heads of Federal
agencies, including the Administrator of the
Environmental Protection Agency and the Administrator
of the National Oceanic and Atmospheric Administration,
with respect to studies on the impacts of active
sunscreen ingredients on living components of coral
reef ecosystems; and
(C) consider the findings of the National Academies
of Sciences, Engineering, and Medicine report titled
``Environmental Impact of Currently Marketed Sunscreens
and Potential Human Impacts of Changes in Sunscreen
Usage''.
(c) Ocean Safe Label.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, acting through the
Commissioner, shall develop standards for use of the term
``Ocean Safe'' on the labeling of nonprescription sunscreen,
which shall conform with the requirements of section 502 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352).
(2) Criteria and consultation.--In developing the standards
described in paragraph (1), the Secretary shall--
(A) consider the impacts of active sunscreen
ingredients on the mortality of, and developmental or
reproductive disruptions to, ecologically- or
economically-valuable marine species, including fish,
fish larvae, sea urchins, coral, crustaceans, sea
grasses, and macroalgae, and ecologically- or
economically-valuable marine and coastal ecosystems
including estuaries, wetlands, tidal marshes,
mangroves, kelp forests, seagrass meadows, lagoons,
salt marshes, and intertidal zones;
(B) consult with appropriate heads of Federal
agencies, including the Administrator of the
Environmental Protection Agency and the Administrator
of the National Oceanic and Atmospheric Administration,
with respect to studies on the impacts of active
sunscreen ingredients on living components of marine
and coastal ecosystems; and
(C) consider the findings of the National Academies
of Sciences, Engineering, and Medicine report, titled
``Environmental Impacts of Currently Marketed
Sunscreens and Potential Human Impact of Changes in
Sunscreen Usage''.
(d) Review and Revision.--Not less frequently than once every 10
years, the Secretary, acting through the Commissioner and in
consultation with the Administrator of the Environmental Protection
Agency and the Administrator of the National Oceanic and Atmospheric
Administration, and taking into consideration scientific studies of the
Food and Drug Administration, the Environmental Protection Agency, and
the National Oceanic and Atmospheric Administration, shall--
(1) review the labeling standards in effect under
subsections (b)(1) and (c)(1);
(2) if appropriate, revise the criteria under subsections
(b)(2) and (c)(2); and
(3) in accordance with such criteria, as revised under
paragraph (2) as applicable, update the labeling standards
under subsections (b)(1) and (c)(1).
(e) Non-Preemption.--Nothing in this section shall be construed to
prevent a State from establishing, enforcing, or maintaining a
requirement with respect to labeling criteria for a ``Reef Safe'' or
``Ocean Safe'' designation for nonprescription sunscreen, provided that
any such State law is at least as restrictive as the requirements
established under this section.
(f) Rule of Construction.--Nothing in this Act shall be construed
as prohibiting or limiting the sale of any sunscreen product.
(g) Definitions.--In this section--
(1) the terms ``active sunscreen ingredient'',
``nonprescription'', and ``sunscreen'' have the meanings given
such terms in section 586 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360fff);
(2) the terms ``coral'' and ``coral reef ecosystem'' have
the meanings given such terms in section 210 of the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6409);
(3) the term ``Commissioner'' means the Commissioner of
Food and Drugs; and
(4) the term ``Secretary'', unless specified otherwise,
means the Secretary of Health and Human Services.
<all>