Kayla has done a fabulous job breaking down the Safe Cosmetics Act of 2011. We are starting at the end of the bill and working our way to the beginning. Here is the post that breaks down SEC 617 Treatment of Cosmetics Based on Ingredient Lists.
KEY: All Plain Text is directly from H.R. 2359 as it is written, Blue links you back to a previous section of The Safe Cosmetics Act 2011 and Green is my commentary.
‘‘SEC. 617. TREATMENT OF COSMETICS BASED ON INGREDIENT LISTS.
‘‘(a) IN GENERAL.—Subject to subsections (b)(4) and (d)(4) of section 616,
a manufacturer may only manufacture a cosmetic for distribution in interstate commerce if such cosmetic meets the safety standard under section 614(a).
‘‘(b) PRESUMPTION RELATED TO THE SAFETY OF COSMETICS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), for purposes of subsection (a), the Secretary shall presume that the following cosmetics meet the safety standard under section 614(a):
‘‘(A) A cosmetic that is made solely of ingredients on the list under section 616(c)(1)(relating to ingredients that are safe without limits).
‘‘(B) A cosmetic that is made solely of ingredients on the list under section 616(b)(1)(B) (relating to ingredients subject to restrictions) and the use of each of such ingredients in such cosmetic is in compliance with the restrictions on the use of such ingredients specified under section 616(b)(2).
‘‘(C) A cosmetic that is made solely of ingredients described under subparagraph (A) and subparagraph (B).
‘‘(2) EXCEPTIONS.—The Secretary may require that a manufacturer demonstrate that a cosmetic meets the safety standard under section 614(a) (including by requiring that the manufacturer conduct safety testing of a cosmetic described under paragraph (1)) if the cosmetic—
Here it is again! This bill is requiring that all cosmetic manufacturers, big and small, conduct pre-market testing of their cosmetics just like over-the-counter drugs. This will be the largest barrier to entry and the exit point for all current small businesses in the cosmetic industry.
‘‘(A) contains penetration enhancers, sensitizers, estrogenic chemicals, or other similar ingredients;
‘‘(B) contains ingredients that react with each other or with other substances to form harmful byproducts; or
‘‘(C) the Secretary has any additional reason to believe that such cosmetic does not meet the safety standard under section 614(a).
This gives me visions of warning statements on cosmetic products similar to the ones all over California based on Prop. 65 and like the warning statements on boxes of cigarettes and other tobacco products. Cosmetics do not belong, even remotely, in the same category of hazards as the well proven and document hazards as tobacco products.
‘‘(3) GUIDANCE.—If, under paragraph (2), the Secretary requires that a manufacturer demonstrate that a cosmetic meets the safety standard under section 614(a), the Secretary shall provide the manufacturer with guidance on the data and information that the Secretary requires to evaluate whether the cosmetic meets the safety standard under such section.
Translation: premarket testing procedures for all cosmetic manufacturers.
‘‘(c) NOTIFICATION OF FAILURE OF SECRETARY TO ACT.—If the Secretary fails to act by an applicable deadline under section 616 or this section, a manufacturer of an ingredient or a cosmetic affected by such failure of the Secretary to act shall issue to the Secretary, the public, and each known customer of the ingredient or cosmetic, a written notice that a determination by the Secretary of the safety of the ingredient for use in cosmetics is pending.
Am I reading this correct? Does this mean that the Secretary will send out a notice to the public and all known (known how?) customers of a cosmetic or ingredient that the Secretary has failed to access the safety of said cosmetic or ingredient? In other words the cosmetic or ingredient will be publically blacklisted simply because the Secretary failed to do their job.