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 19. Cosmetic and Ingredient Statements.
KEY: All Plain Text is directly from H.R. 2359 as it is written and Green is my commentary.
‘‘SEC. 619. COSMETIC AND INGREDIENT STATEMENTS.
‘‘(a) IN GENERAL.—Beginning 1 year after the date of the enactment of this subchapter, each establishment engaged in the manufacture of a cosmetic intended to be marketed in the United States shall submit electronically to the Secretary, for each cosmetic manufactured in the establishment that is intended to be marketed in the United States, a statement containing—
‘‘(1) the registration number of the manufacturing establishment where the cosmetic is manufactured or, if the same cosmetic is manufactured in more than 1 establishment, the registration number of each establishment where it is manufactured;
‘‘(2) the registration number of the establishment responsible for distributing the cosmetic;
What, hold the phone! I thought earlier they said that the company that manufacturers the cosmetic was required to register. But if this portion is true then the manufacturer and the distributor would have to get a registration number.
‘‘(3) the brand name and the product name for the cosmetic;
‘‘(4) the applicable use for the cosmetic;
‘‘(5) the ingredient list as it appears on the cosmetic label or insert, including the particle size range of any nanoscale cosmetic ingredients;
‘‘(6) any warnings and directions for use from the cosmetic label or insert; and
‘‘(7) the title and full contact information for the individual responsible for submitting and maintaining such statement.
‘‘(b) NEW COSMETICS.—Any establishment that begins to manufacture a cosmetic after the date of the enact-ment of this subchapter shall comply with the requirements of subsection (a) beginning on the later of the following:
‘‘(1) The end of the 18-month period beginning on the date of the enactment of this subchapter.
‘‘(2) The 6-month period after the date on which the establishment begins to manufacture such cosmetic.We can call this section the new cosmetic application period just to stick with the language of the FDA with over-the-counter drugs.
‘‘(c) NOTIFICATION OF CHANGES.—The establishment shall notify the Secretary annually of any change to the information required under subsection (a).
Again, this is a positive change since the last draft of the Safe Cosmetic Act. At least you only have to do it once per year instead of every single time you make a change.
‘‘(d) PROCEDURE.—Upon receipt of a completed statement described under subsection (a), the Secretary shall notify the establishment of the receipt of such statement and assign a cosmetic statement number.
‘‘(e) LIST.—The Secretary shall compile, maintain, and update as appropriate, a list of cosmetics for which statements are submitted under this section.
Again, the Secretary is going to be seriously busy.
‘‘(f) ACCESS TO SAFETY INFORMATION.—The cosmetic and ingredient statements collected under this section shall be added to the publicly accessible database created by the Secretary under section 615(b).