,i #aaith ,,congress #ast ,session ,h4 ,r4 #ddce ,,in ,,the ,,house ,,of ,,representatives ,july #af1 #bjbe ,ms4 ,schakowsky 7for herself1 ,ms4 ,matsui1 ,mrs4 ,dingell1 ,mr4 ,evans of ,pennsylvania1 ,mr4 ,khanna1 ,ms4 ,norton1 ,mr4 ,thanedar1 ,ms4 ,tlaib1 and ,mrs4 ,watson ,coleman7 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 increase transparency with respect to cosmetic ingredients1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cosmetic ,hazardous ,ingredient ,right to ,know ,act of #bjbe4 #b4 ,cosmetic regulation 7a7 ,definition ,section #bja7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;i77 is amended by adding at the end the following3 ,such term includes such an article that is intended for consumer sale or professional use 7as defined in section #fag744 7b7 ,regulation ,chapter ,,vi of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfa et seq47 is amended-- 7#a7 by inserting before section #fja the following3 ,a ,adulterated and ,misbranded ,cosmetics 2 7#b7 in section #fjb1 by adding at the end the following3 7g7 ,if the fragrance and flavor ingredient information required to be disclosed pursuant to sections #fae and #faf is not disclosed in accordance with such sections4 7h7 ,if its packaging fails to include any fragrance or flavor ingredient present in such cosmetic or the website of the brand owner of such cosmetic fails to disclose any such fragrance or flavor ingredient4 7i7 ,if the website of the brand owner of the cosmetic fails to include a link to the ,uniform ,resource ,locator 7referred to in this chapter as a ,,url7 for any list specified in section #faf7;b7 on which each ingredient present in such cosmetic appears4 2 7#c7 in section #fad1 by amending subsection 7b7 to read as follows3 7b7 ,limitations 7#a7 ,in general ,notwithstanding subsection 7a71 nothing in this section shall be construed to prevent any ,state 7or a political subdivision thereof7 from-- 7,a7 prohibiting the use or limiting the amount of an ingredient in a cosmetic product2 7,b7 continuing to implement a requirement of such ,state 7or a political subdivision thereof7 that is in effect at the time of enactment of the ,modernization of ,cosmetics ,regulation ,act of #bjbb for the reporting to the ,state 7or a political subdivision thereof7 of an ingredient in a cosmetic product2 or 7,c7 implementing a requirement of such ,state 7or a political subdivision thereof7 that provides for greater transparency1 disclosure1 or protection with respect to a cosmetic ingredient than the requirements established under the amendments made by the ,cosmetic ,hazardous ,ingredient ,right to ,know ,act of #bjbe 7or continuing to implement any such requirement that is in effect as of the date of the enactment of such ,act74 7#b7 ,modernization of ,cosmetics ,regulation ,act of #bjbb ,nothing in the amendments to this ,act made by the ,modernization of ,cosmetics ,regulation ,act of #bjbb shall be construed to preempt any ,state statute1 public initiative1 referendum1 regulation1 or other ,state action1 except as expressly provided in subsection 7a74 4 7#d7 by adding at the end the following3 ,b ,fragrances and ,flavors #fae4 ,website disclosure of ingredients 7a7 ,in general ,effective beginning on the date that is #a year after the date of the enactment of the ,cosmetic ,hazardous ,ingredient ,right to ,know ,act of #bjbe1 a brand owner shall disclose in an electronically readable format on the website of the brand owner1 and make available to any relevant internet vendor1 with respect to each cosmetic sold or offered for sale in interstate commerce by such brand owner1 the following information3 7#a7 ,a full listing of each ingredient present in such cosmetic1 including each fragrance or flavor ingredient present in such cosmetic1 in descending order of predominance4 7#b7 ,any ingredient present in such cosmetic1 listed in descending order of predominance1 followed by a link to the ,,url of any list under section #faf7;b7 on which such ingredient appears4 7#c7 ,the functional purpose served by each such fragrance or flavor ingredient4 7#d7 ,a link to the hazard communication safety data sheet for any such cosmetic intended for professional use4 7b7 ,updates ,in the case of an update to any of the lists specified in subsection 7b7 or 7c7 of section #faf with respect to a cosmetic sold or offered for sale in interstate commerce by a brand owner1 the brand owner shall revise the disclosure made under subsection 7a7 to reflect such update not later than #g months after the date on which such update is formally noticed by the authoritative body who administers the list4 #faf4 ,cosmetic ingredient product label disclosure 7a7 ,in general ,effective beginning on the date that is #b years after the date of the enactment of the ,cosmetic ,hazardous ,ingredient ,right to ,know ,act of #bjbe1 for purposes of section #fjb7;h71 the packaging or labeling of a cosmetic shall include-- 7#a7 ,a full listing of each ingredient present in such cosmetic 7including each fragrance or flavor ingredient71 listed in descending order of predominance4 7#b7 ,in the case of a cosmetic in which any ingredient specified in subsection 7b7 is present1 the following statement3 ,for health impacts related to any ingredients in this product1 visit3 www441 with the uniform resource locator of the website of the brand owner placed in the blank space4 7b7 ,ingredients specified ,the ingredients specified in this subsection are the following chemicals 7including chemicals included in any list specified in this subsection after the date of the enactment of this subchapter73 7#a7 ,chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the ,environmental ,protection ,agency's ,integrated ,risk ,information ,system4 7#b7 ,chemicals that are identified as carcinogenic to humans1 likely to be carcinogenic to humans1 or as group ,a1 ,b#a1 or ,b#b carcinogens1 in the ,environmental ,protection ,agency's ,integrated ,risk ,information ,system4 7#c7 ,persistent1 bioaccumulative1 and toxic ,priority ,chemicals identified by the ,environmental ,protection ,agency's ,national ,waste ,minimization ,program as of ,february #bb1 #bjaf4 7#d7 ,chemicals that are identified in volumes #a through #d of the ,reports on ,human ,exposure to ,environmental ,chemicals issued by the ,centers for ,disease ,control and ,prevention 7and any updates to such reports74 7#e7 ,toxic pollutants listed under section #bj #cjg7;a77#a7 of the ,federal ,water ,pollution ,control ,act and priority pollutants identified in appendix ,a to part #dbc of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#f7 ,chemicals classified as ,persistent1 ,bioaccumulative and ,toxic by the ,toxics ,release ,inventory published by the ,environmental ,protection ,agency pursuant to section #cac of the ,emergency ,planning and ,community ,right-to-,know ,act of #aihf4 7#g7 ,chemicals that are identified in the ,agency for ,toxic ,substances and ,disease ,registry's ,toxic ,substances ,portal4 7#h7 ,chemicals that are hazardous substances1 as such term is defined in section #aja7ad7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj4 7#i7 ,reproductive and developmental toxicants identified by monographs issued by the ,national ,toxicology ,program ,center for the ,evaluation of ,risks to ,human ,reproduction4 7#aj7 ,chemicals that are identified as known to be1 or reasonably anticipated to be human carcinogens by the most recent ,report on ,carcinogens prepared by the ,national ,toxicology ,program pursuant to section #cja7;b77#d7 of the ,public ,health ,service ,act4 7#aa7 ,chemicals identified as persistent1 bioaccumulative1 and toxic 7,,pbt7 chemicals by the ,department of ,ecology of the ,state of ,washington 7,,wac #agc-ccc 7#bjjf774 7#ab7 ,chemicals specified in ,chapter #f4f of the ,california ,safe ,drinking ,water and ,toxic ,enforcement ,act of #aihf 7sections #bebdi4e through #bebdi4ad of the ,california ,health and ,safety ,code71 ,list of ,reproductive and ,developmental ,toxicants and ,carcinogens4 7#ac7 ,chemicals for which primary maximum contaminant levels have been established and adopted under section #fddca1 #fdddd1 or #fdddd4e of division #bb of title #bf of the ,california ,code of ,regulations and chemicals for which notification levels1 as defined in section #aafdee of the ,california ,health and ,safety ,code1 have been established by the ,california ,state ,water ,resources ,control ,board4 7#ad7 ,chemicals identified as toxic air contaminants under section #icjjj or #icjja of title #ag of the ,california ,code of ,regulations4 7#ae7 ,substances classified as carcinogens1 mutagens or reproductive toxicants in ,appendices #a through #f of ,annex ,,xvii to ,regulation 7,,ec7 ,no4 #aijg_/bjjf of the ,european ,union's ,registration1 ,evaluation1 ,authorisation and ,restriction of ,chemicals 7,,reach7 law1 as revised by the ,commission ,regulation 7,,eu7 #bjbj_/bjif of #ae ,december #bjbj4 7#af7 ,chemicals included in the ,european ,union ,candidate ,list of ,substances of ,very ,high ,concern in accordance with ,article #ei of the ,,reach ,regulation 7,,ec7 ,no4 #aijg_/bjjf on the basis of fulfilling the criteria defined in ,article #eg7;f7 for endocrine disrupting properties4 7#ag7 ,chemicals included in such ,european ,chemicals ,agency ,candidate ,list of ,substances of ,very ,high ,concern on the basis of fulfilling the criteria defined in ,article #eg7;d71 ,article #eg7;e71 or ,article #eg7;f7 for persistent1 bioaccumulative and toxic1 or very persistent and very bioaccumulative1 properties4 7#ah7 ,chemicals classified by the ,european ,union in ,annex ,,vi to ,regulation 7,,ec7 ,no4 #abgb_/bjjh as respiratory sensitizer category #a4 7#ai7 ,chemicals that are identified as persistent1 bioaccumulative1 and inherently toxic to the environment by the ,canadian ,environmental ,protection ,act ,environmental ,registry ,domestic ,substances ,list pursuant to subsection #ff7a7 of the ,canadian ,environmental ,protection ,act1 #aiii4 7#bj7 ,group #a1 #b;,a1 or #b;,b carcinogens identified by the ,international ,agency for ,research on ,cancer of the ,world ,health ,organization4 7#ba7 ,chemicals that are identified on ,part ,a of the list of ,chemicals for ,priority ,action prepared by the ,oslo and ,paris ,conventions for the ,protection of the ,marine ,environment of the ,north-,east ,atlantic4 7#bb7 ,chemicals that are skin sensitizers and irritants classified by ,regulation 7,,ec7 ,no #abgb_/bjjh of the ,european ,parliament and of the ,council of #af ,december #bjjh on classification1 labelling and packaging of substances and mixtures1 amending and repealing ,directives #fg_/edh_/;,,eec and #aiii_/de_/;,,ec1 and amending ,regulation 7,,ec7 ,no #aijg_/bjjf4 7c7 ,master list 7#a7 ,in general ,not later than #f months after the date of the enactment of the ,cosmetic ,hazardous ,ingredient ,right to ,know ,act of #bjbe1 the ,secretary shall-- 7,a7 establish a master list of the chemicals that appear on the lists specified in subsections 7b7 and 7c72 7,b7 post such master list on a publicly available website of the ,food and ,drug ,administration2 and 7,c7 establish a voluntary electronic distribution list to which cosmetic manufacturers and other interested parties may subscribe to receive a copy of the master list and any subsequent updates4 7#b7 ,updates 7,a7 ,in general ,the ,secretary shall maintain the master list established under paragraph 7#a7 and make updates to such list as necessary4 7,b7 ,notification ,not later than #cj days after making an update pursuant to subparagraph 7,a71 the ,secretary shall notify subscribers to the electronic distribution list referred to in paragraph 7#a77;,c7 of that update4 7,c7 ,semi-annual updates ,not less frequently than twice per year1 the ,secretary shall publish on a publicly available website of the ,food and ,drug ,administration a list of updates to the master list made during the preceding #f-month period that includes summaries of any chemicals added to or removed from the lists specified in subsections 7b7 and 7c74 #fag4 ,definitions ,in this subchapter3 7#a7 ,brand owner ,the term brand owner means the entity responsible for bringing a cosmetic to market for retail consumer sale or professional use4 7#b7 ,electronically readable format ,the term electronically readable format means1 with respect to information1 that the information provided-- 7,a7 is machine readable by automated systems1 including1 web browsers1 accessibility software to aid the disabled1 automated scripts1 and other software programs or applications2 7,b7 is not restricted from access by search engines2 7,c7 is not restricted from access by a requirement for registration1 the provision of personally identifiable information1 or the use of ,,captcha or similar challenge response test technologies1 whether visual1 auditory1 or otherwise2 and 7,d7 conforms to the most current version of the ,web ,content ,accessibility ,guidelines adopted by the ,web ,content ,accessibility ,guidelines ,working ,group of the ,world ,wide ,web ,consortium4 7#c7 ,flavor ingredient ,the term flavor ingredient means1 with respect to a cosmetic1 any intentionally added substance or complex mixture of aroma chemicals1 flavor chemicals1 natural essential oils1 and other functional ingredient or ingredients1 including the constituent ingredients of botanicals1 for which the purpose is to impart a flavor or taste1 or to counteract a flavor or taste4 7#d7 ,fragrance ingredient ,the term fragrance ingredient means1 with respect to a cosmetic1 any intentionally added substance or complex mixture of aroma chemicals1 natural essential oils1 and other functional ingredient or ingredients for which the purpose is to impart an odor or scent1 or to counteract an odor4 7#e7 ,ingredient ,the term ingredient means a chemical in a cosmetic1 including-- 7,a7 a chemical that has a technical or functional effect in the cosmetic1 including the breakdown products of an intentionally added chemical that also have a functional or technical effect in the cosmetic2 7,b7 a substance that is present by reason of having been added to a cosmetic during processing for the substance's technical or functional effect2 7,c7 a fragrance1 flavor1 preservative1 or colorant 7and the components thereof72 and 7,d7 any individual component that the ,secretary deems to be an ingredient for purposes of this subchapter4 7#f7 ,professional use ,the term professional use means-- 7,a7 the application of a cosmetic to a human customer or client that is intended only for use by an employee or contractor1 in settings such as cosmetology1 nail care1 barbering1 esthetics1 spa1 and other professions as determined by the ,secretary through regulation2 or 7,b7 the use by1 or application to1 a human of a cosmetic purchased from a hair salon1 nail salon1 beauty salon1 spa1 or other establishment that provides cosmetic treatment services for humans4 4