By Mr. Koutoujian of Waltham, petition (accompanied by bill, House, No. 2172) of Peter J. Koutoujian for legislation to regulate the ingredients used in the manufacture of cosmetics.  Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Peter J. Koutoujian

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In the Year Two Thousand and Seven.

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An Act relative to healthy cosmetics.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Section 187H of said chapter 94, as so appearing in the 2004 official edition of the general laws, is hereby amended by adding at the end thereof the following new sections:-

187 I.  For the purposes of this section and section 187J and 187 K the following terms shall have the following meanings:-Cosmetic ingredient review is a public-private partnership that reviews and assesses the safety of ingredients used in cosmetics in an open, unbiased, and expert manner, and publishes the results in an open, peer-reviewed, scientific literature.  Cosmetic Ingredient review is a collaborative effort supported by the U.S. Food and Drug Administration, Consumer Federation of America and the cosmetic industry.

Manufacturer means any entity whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.

Unsafe Cosmetic Ingredient means a cosmetic ingredient that has been identified as unsafe at any level product in a final report filed with the Commissioner of the Federal Food and Drug Administration by the Cosmetic Ingredient Review (CIR).  The ingredient will be classified as an unsafe cosmetic ingredient until such time as the CIR files with the Commissioner a final report identifying the ingredient as safe as used or safe with limitations.

187 J.  Manufacturers who sell, offer for sale or manufacture for sale cosmetic products shall report the Department on the use of any unsafe cosmetic ingredient in a cosmetic product.  If a manufacturer does not manufacture any cosmetic products that contain unsafe cosmetic ingredients, then no reporting is required to the Department.

187 K.  Cosmetic products that contain an ingredient that is identified as an unsafe cosmetic ingredient for any use in a cosmetic product in a final report filed with the Commissioner of the Federal Food and Drug Administration by the Cosmetic Ingredient Review shall be deemed to be adulterated or misbranded or both.

187L.  The department of public health shall report to the General Court the results of the listed products, investigations and enforcement actions and recommendation, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the House of Representatives on or before January 1, 2009.

SECTION 3.  For the purposes of section 187J the effective date shall be one year following enactment.

For the purposes of section 187K the effective date shall be two years following enactment.