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 625, 626, 627, 628 of the Safe Cosmetics Act H.R. 2359.
KEY: All Plain Text is directly from H.R. 2359 as it is written and Green is my commentary.
‘‘SEC. 625. PRODUCT TESTING AND REVIEW AUDIT.
‘‘The Secretary shall conduct annual audits of random samples of cosmetics to assess or test for acute negative reactions, pathogen hazards, contaminants, leaching of packaging additives, mislabeling, or other relevant issues of concern (as determined by the Secretary).
All small businesses who think they got a pass with the registration and registration fee need to be well aware that your products will not be exempt from this random testing. I think my favorite part of this is “or other relevant issues of concern (as determined by the Secretary).” Which makes these random tests like the ultimate of pop quizzes – you won’t even know how to prepare for the test because you don’t know what it might cover.
‘‘SEC. 626. RESOURCES FOR SMALL BUSINESSES.
‘‘The Secretary shall provide technical support to assist small businesses in carrying out the requirements of this subchapter.
Exactly what does this mean? Are they going to do the testing that small businesses need to do to comply with the rest of the bill for free?
‘‘SEC. 627. INTERAGENCY COOPERATION.
‘‘(a) INTERAGENCY COUNCIL ON COSMETIC SAFETY.—There is established an Interagency Council on Cosmetic Safety for the purpose of sharing data and promoting collaboration on cosmetic safety between the Food and Drug Administration, the National Institute of Environmental Health Sciences, the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, and the Environmental Protection Agency.
‘‘(b) USE OF DATA FROM FEDERAL SOURCES.—For purposes of this subchapter, the Secretary, as appropriate, shall request and utilize ingredient and cosmetic toxicity, use, and exposure data from other Federal agencies.
Always good to add another layer of government whenever possible – that is the motto of government – no need to let this ripe opportunity pass.
‘‘SEC. 628. SAVINGS CLAUSE.
‘‘Nothing in this subchapter shall affect the right of a State, political subdivision of a State, or tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance established by this subchapter, including requiring the provision of a warning of risk, illness, or injury.
This ensures that after you comply with all the legislation in this bill that you still might have a completely different layer of government for each State that you sell your products into.