,i #aafth ,,congress #ast ,session ,h4 ,r4 #ejag ,,in ,,the ,,house ,,of ,,representatives ,november #h1 #bjai,mr4 ,sean ,patrick ,maloney of ,new ,york 7for himself1 ,ms4 ,meng1 and ,ms4 ,schakowsky7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to treat as misbranded cosmetics with packaging or labeling using the term natural unless the product meets certain standards1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,natural ,cosmetics ,act4 #b4 ,cosmetics with certain terms misbranded 7a7 ,in general ,section #fjb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfb7 is amended by adding at the end the following3 7g7 ,if its packaging or labeling bears the term natural unless-- 7#a7 if the term natural pertains to the cosmetic overall1 the cosmetic contains-- 7,a7 at least #gj percent natural substances 7other than water and salt72 7,b7 no fragrance ingredient other than a natural substance or naturally-derived ingredient2 and 7,c7 other than natural substances and water1 contains only naturally-derived ingredients except to the extent a naturally-derived ingredient-- 7i7 is not available for a specific function2 or 7ii7 is otherwise not feasible2 7#b7 if the term natural pertains to one or more ingredients in the cosmetic-- 7,a7 the ingredient statement identifies natural ingredients individually with the terms natural or naturally-derived ingredient2 7,b7 the listing of each such ingredient is followed by a reference mark2 and 7,c7 the labeling contains the definition of such terms below the ingredient statement2 and 7#c7 the cosmetic is not made using any of the following3 7,a7 ,alkoxylation 7including ethoxylation and propoxylation7 using ethylene oxide1 propylene oxide1 or other alkylene oxides4 7,b7 ,deterpenation 7other than with steam74 7,c7 ,halogenation as the main reaction4 7,d7 ,ionizing radiation4 7,e7 ,sulphonation as the main reaction4 7,f7 ,treatment with ethylene oxide4 7,g7 ,treatment using mercury4 4 7b7 ,definitions ,chapter ,,vi of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfa et seq47 is amended by adding at the end the following3 #fjd4 ,definitions ,in this chapter3 7#a7 7,a7 ,the term natural means any chemical substance that is naturally occurring and which is-- 7i7 unprocessed2 7ii7 processed only by manual1 mechanical1 naturally derived solvent or gravitational means1 by dissolution in water or steam1 by flotation1 or by heating solely to remove water2 or 7iii7 extracted from air by any means4 7,b7 ,such term does not include petroleum and petroleum derived ingredients4 7#b7 ,the term naturally-derived ingredient means-- 7,a7 any substance where the starting material is of mineral1 plant1 microbe1 or animal origin but has been chemically processed2 7,b7 any substance where the starting material is of mineral1 plant1 microbe1 or animal origin but has been chemically processed and combined with other ingredients1 excluding petroleum and fossil fuel-derived ingredients2 or 7,c7 an ingredient that is derived from a plant feedstock and bio-manufactured using processes like fermentation1 saponification1 condensation1 or esterification in order to improve performance or make the ingredient biodegradable or sustainable4 4 7c7 ,applicability ,section #fjb7;g7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by subsection 7a71 applies beginning on the date that is #b years after the date of enactment of this ,act4 #c4 ,recall authority for misbranded cosmetics purporting to be natural ,chapter ,,vi of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfa et seq471 as amended by section #b1 is further amended by adding at the end the following3 #fje4 ,recordkeeping1 notification1 nondistribution1 and recall of misbranded cosmetics purporting to be natural 7a7 ,recordkeeping ,a manufacturer or distributer of a cosmetic purporting to be natural within the meaning of section #fjb7;g7 shall-- 7#a7 maintain records-- 7,a7 verifying such claim2 and 7,b7 7i7 demonstrating that each ingredient in the cosmetic has been dated by the supplier of such ingredient using carbon-#ad testing2 and 7ii7 including the results of such testing2 and 7#b7 make such records available to the ,secretary for inspection1 request1 or audit4 7b7 ,notification of misbranded cosmetics 7#a7 ,in general ,a responsible party that has reason to believe that a cosmetic1 when introduced into or while in interstate commerce1 or while held for sale 7regardless of whether such sale is the first sale of such cosmetic7 after shipment in interstate commerce1 is misbranded under section #fjb7;g7 shall notify the ,secretary of the identity and location of the cosmetic4 7#b7 ,manner of notification ,notification under paragraph 7#a7 shall be made in such manner and by such means as the ,secretary may require by regulation or guidance4 7#c7 ,responsible party defined ,for purposes of this subsection1 the term responsible party means a brand owner1 manufacturer1 packager1 retailer1 or distributor of the cosmetic4 7c7 ,voluntary recall ,the ,secretary may request that any person who distributes a cosmetic that the ,secretary has reason to believe is misbranded under section #fjb7;g7 voluntarily-- 7#a7 recall such cosmetic2 and 7#b7 provide for notice1 including to individuals as appropriate1 to persons who may be affected by the recall4 7d7 ,order ,to cease distribution 7#a7 ,in general ,if the ,secretary has reason to believe that the cosmetic is misbranded under section #fjb7;g71 the ,secretary shall have the authority to issue an order requiring any person who distributes such cosmetic to immediately cease distribution of such cosmetic4 7#b7 ,cease distribution and notice ,any person who is subject to an order under paragraph 7#a7 shall immediately cease distribution of such cosmetic and provide notification as required by such order4 7#c7 ,appeal 7,a7 #dh hours ,a person subject to an order under paragraph 7#a7 may appeal such order to the ,secretary within #dh hours of the issuance of such order4 7,b7 ,contents of appeal ,such appeal may include a request for an informal hearing and a description of any efforts to recall such cosmetic undertaken voluntarily by the person1 including after a request under subsection 7b74 7,c7 ,informal hearing ,an informal hearing shall be held as soon as practicable1 but not later than #e calendar days 7or less as determined by the ,secretary7 after such an appeal is filed1 unless the parties jointly agree to an extension4 7,d7 ,impact on recall ,if an appeal is filed under subparagraph 7,a71 the ,secretary may not amend the order to require a recall under subsection 7d7 until after the conclusion of the hearing under subparagraph 7,c74 7#d7 ,vacation of order ,if the ,secretary determines that inadequate grounds exist to support the actions required by the order under paragraph 7#a71 the ,secretary shall vacate the order4 7e7 ,notice to consumers and health officials ,the ,secretary shall1 as the ,secretary determines to be necessary1 provide public notice of an order to cease distribution or recalling a misbranded cosmetic under this section to all consumers in a prominent manner on the website of the ,food and ,drug ,administration and to appropriate ,state and local health officials4 7f7 ,supply chain information 7#a7 ,in general ,in the case of a cosmetic that the ,secretary has reason to believe is misbranded under section #fjb7;g71 the ,secretary shall request that the brand owner named on the label of such cosmetic 7as required under section #fjb7;b77#a77 submit all of the following information3 7,a7 ,the name and place of business of the manufacturer1 packager1 supplier1 or distributor from which such entity received the cosmetic or ingredients for manufacturing such cosmetic4 7,b7 ,the name and place of business of any entity 7including any retailer7 that was provided with such cosmetic by the entity named on the label4 7#b7 ,collection of additional supply chain information ,in the case of a cosmetic that the ,secretary has reason to believe is misbranded under section #fjb7;g71 to the extent necessary to protect the safety of the public1 the ,secretary may request that any entity 7including a supplier of an ingredient1 manufacturer1 packer1 distributor1 or retailer7 in the supply chain of such cosmetic submit to the ,secretary information that is similar to the information described under subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7#c7 ,maintenance of records ,any entity in the supply chain of a cosmetic 7including the brand owner named on the label of a cosmetic7 shall-- 7,a7 maintain records sufficient to provide the information described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a72 and 7,b7 provide such information to the ,secretary upon the request of the ,secretary4 7g7 ,savings clause ,nothing contained in this section shall be construed as limiting the authority of the ,secretary to issue an order to cease distribution of1 or to recall1 a cosmetic under any other provision of this ,act4 4