November 14, 2006, Introduced by Rep. Kolb and referred to the Committee on Health Policy.
A bill to provide for the regulation of certain persons
engaged in the manufacturing of cosmetics; to prescribe powers and
duties of certain state departments and agencies; to prevent fraud
and harm by prohibiting the sale of cosmetics in violation of this
act; to provide standards for cosmetics and cosmetic manufacturers;
to provide for enforcement of the act; to provide penalties and
remedies for violation of the act; to provide for fees; and to
provide for promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "safe
cosmetics act of 2006".
Sec. 3. As used in this act:
(a) "Chemical identified as causing cancer or reproductive
toxicity" means a chemical identified by a cosmetic ingredient
review panel as any of the following:
(i) A substance listed as known or reasonably anticipated to be
a human carcinogen in a national toxicology report on carcinogens.
(ii) A substance given overall carcinogenicity evaluation of
group 1, group 2A, or group 2B by the international agency for
research on cancer.
(iii) A substance identified as a group A, group B1, or group B2
carcinogen or as a known or likely carcinogen by the United States
environmental protection agency.
(iv) A substance identified as having some or clear evidence of
adverse developmental, male reproductive, or female reproductive
toxicity effects in a report by an expert panel of the national
toxicology program's center for the evaluation of risks to human
reproduction.
(b) "Cosmetic" means any article, or its components, intended
to be rubbed, poured, sprinkled, or sprayed on, introduced into, or
otherwise applied to the human body, or any part of the human body,
for cleansing, beautifying, promoting attractiveness, or altering
the appearance. Cosmetic does not include soap.
(c) "Cosmetic ingredient review panel" means a group of
experts designated by the department to serve as the authoritative
body for the purpose of identifying chemicals that cause cancer or
reproductive toxicity.
(d) "Department" means the department of community health.
(e) "Director" means the director of the department or his or
her designee.
(f) "Federal act" means the federal food, drug, and cosmetic
act, 21 USC 301 to 399.
(g) "Ingredient" means any single chemical entity or mixture
used as a component in the manufacture of a cosmetic product.
Ingredient does not include incidental ingredients which are
processing aids and other substances that are present in a cosmetic
at insignificant levels and have no technical or functional effect
in the cosmetic but are present by reason of having been
incorporated into the cosmetic as an ingredient of another cosmetic
ingredient.
(h) "Label" means a display of written, printed, or graphic
matter upon a cosmetic or upon its immediate container.
(i) "Manufacture" means the preparation, compounding,
propagation, processing, or fabrication of any cosmetic.
Manufacture includes repackaging or otherwise changing the
container, wrapper, or labeling of any cosmetic in furtherance of
the distribution of the cosmetic. Manufacture does not include
repackaging from a bulk container by a retailer at the time of sale
to its ultimate consumer.
(j) "Manufacturer" means a person whose name appears on the
label of a cosmetic product pursuant to 21 CFR 701.12.
(k) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
Sec. 5. The director shall provide for the administration and
enforcement of this act. The director may delegate the enforcement
and administration of this act. The director may promulgate rules
for the enforcement and implementation of this act.
Sec. 7. A person who manufactures a cosmetic in this state
shall clearly identify on the label of each cosmetic any ingredient
that is identified and determined by the cosmetic ingredient review
panel to be unsafe for the specific use for which the cosmetic is
to be used or sold.
Sec. 9. (1) A manufacturer of a cosmetic product that is
subject to regulation under the federal act and sold in this state
shall, on a form as provided by the department, provide the
department with a complete and accurate list of its cosmetic
products that, as of the date of submission, are sold in this state
and that contain any ingredient that is a chemical identified as
causing cancer or reproductive toxicity by a cosmetic ingredient
review panel, including any chemical that meets either of the
following conditions:
(a) A chemical contained in the product for purposes of
fragrance or flavoring.
(b) A chemical identified by the phrase "and other
ingredients" and determined to be a trade secret. Any ingredient
identified pursuant to this subdivision as a trade secret is
confidential, is not a public record, and is not subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The information provided pursuant to subsection (1) shall
specifically identify each chemical both by name and by chemical
abstract service number and shall specify the product or products
in which the chemical is contained.
(3) If an ingredient identified pursuant to this section is
subsequently removed from the product in which it was contained, is
removed from the list of chemicals known to cause cancer or
reproductive toxicity, or is no longer a chemical identified as
causing cancer or reproductive toxicity by a cosmetic ingredient
review panel, the manufacturer of the product containing the
ingredient shall submit the new information to the department. Upon
receipt of the information, the department, after verifying the
accuracy of that information, shall revise the manufacturer's
information on record with the department to reflect the new
information. The manufacturer shall not be under obligation to
submit subsequent information on the presence of the ingredient in
the product unless subsequent changes require submittal of the
information.
(4) This section does not apply to a manufacturer with annual
aggregate sales of cosmetic products, both inside and outside this
state, of less than $1,000,000.00, based on the manufacturer's most
recent tax year filing.
Sec. 11. Upon finding that a person violated a provision of
this act or a rule promulgated under this act, the department may
impose an administrative fine of not more than the costs incurred
by the department as a result of the violation for the first
offense and not more than 3 times the amount of the costs incurred
by the department as a result of the violation for a second or
subsequent offense and the actual costs of the investigation of the
violation. Each day of any continuing violation is considered a
separate violation of this act or a rule promulgated under this
act.