23 LC 52 0185
H. B. 390
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House Bill 390
By: Representatives Schofield of the 63
rd
, Willis of the 55
th
, Scott of the 76
th
, Carter of the
93
rd
, Davis of the 87
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 26 of the Official Code of Georgia Annotated, relating to
1
standards, labeling, and adulteration of drugs and cosmetics, so as to require a manufacturer2
to disclose ingredients, chemicals of concern, and restricted substances found in a cosmetic3
distributed, sold, or offered for sale in this state; to provide for the Board of Pharmacy to4
publish such information, with an exception for proprietary ingredients; to provide for an5
exemption for small, local manufacturers; to prohibit any person from distributing, selling,6
or offering for sale a cosmetic containing a restricted substance in this state; to provide for7
definitions; to provide for rules, regulations, enforcement, and penalties; to provide for a8
short title; to provide for related matters; to provide for an effective date; to repeal conflicting9
laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
This Act shall be known and may be cited as the "Safe Cosmetics Act."13 23 LC 52 0185
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SECTION 2.
14
Chapter 3 of Title 26 of the Official Code of Georgia Annotated, relating to standards,15
labeling, and adulteration of drugs and cosmetics, is amended by adding a new Code section16
to read as follows:17
"26-3-11.1.
18
(a) As used in this Code section, the term:19
(1) 'Chemical of concern' means a chemical or class of chemicals that, alone or in20
combination with other ingredients, is known or classified as an allergen, asthmagen,21
carcinogen, mutagen, endocrine disruptor, reproductive or developmental toxicant,22
persistent bioaccumulative toxicant, or neurotoxicant as provided by regulation by the23
board.24
(2) 'Ingredient' means:25
(A) An intentionally added ingredient present in any quantity in a cosmetic; or26
(B) A nonfunctional byproduct or nonfunctional contaminant that is a chemical of27
concern and present in any quantity in a cosmetic.28
(3) 'Intentionally added ingredient' means any element or compound, or intentional29
breakdown product thereof, that a manufacturer has intentionally added to a cosmetic and30
which has a functional or technical effect on the finished product. Such term includes,31
but is not limited to, the components of an intentionally added fragrance, flavoring, or32
color.33
(4) 'Manufacturer' means any person, firm, association, partnership, limited liability34
company, or corporation which produces, prepares, formulates, or compounds a cosmetic,35
or whose brand name is affixed to a cosmetic, and such cosmetic is distributed, sold, or36
offered for sale in this state, whether retail or wholesale, for personal, professional, or37
commercial use, or distributed for promotional purposes in this state. Such term includes38
the importer or first domestic distributor of such cosmetic if the entity that manufactures39 23 LC 52 0185
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such cosmetic or whose brand name is affixed to such cosmetic does not have a presence40
in the United States.41
(5) 'Nonfunctional byproduct' means any element or compound which has no functional42
or technical effect on the finished product and which was intentionally added or43
unintentionally created or formed at any time during the manufacturing process at any44
point in the supply chain of such cosmetic, its raw material, or its ingredient. Such term45
includes, but is not limited to, an unreacted raw material, a breakdown of an intentionally46
added ingredient, or a byproduct of the manufacturing process.47
(6) 'Nonfunctional contaminant' means any element or compound present in a cosmetic48
as an unintentional consequence of the manufacturing process which has no functional49
or technical effect on the finished product. Such term includes, but is not limited to,50
elements or compounds present in the environment as contaminants which were51
introduced into a cosmetic, its raw material, or its ingredient as a result of the use of an52
environmental medium, such as a naturally occurring mineral, air, soil, or water, in the53
manufacturing process at any point in the supply chain of such cosmetic, its raw material,54
or its ingredient.55
(7) 'Restricted substance' means lead and lead compounds; mercury and mercury56
compounds; formaldehyde and paraformaldehyde; triclosan; toluene; perfluoroalkyl and57
polyfluoroalkyl substances; dibutyl phthalate (DBP), di-2-ethylhexyl phthalate (DEHP),58
diethyl phthalate (DEP), and butyl benzyl phthalate and related phthalates;59
isobutylparaben, isopropylparaben, butylparaben, methylparaben, propylparaben, and60
related parabens; methylene glycol, methanediol, and formaldehyde monohydrate;61
oxybenzone; Quaternium-15; m-Phenylenediamine and its salts; and o-Phenylenediamine62
and its salts.63
(b) Beginning January 1, 2025, and annually thereafter, each manufacturer shall submit64
to the board in a manner prescribed by the board information for each cosmetic distributed,65
sold, or offered for sale in this state, including but not limited to:66 23 LC 52 0185
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(1) A list of each ingredient of such cosmetic in descending order of predominance by67
weight in the cosmetic; provided, however, that ingredients present at a weight below68
1 percent of the cosmetic's total weight may be listed following other ingredients without69
respect to the order of predominance by weight;70
(2) Each ingredient in such cosmetic that is a chemical of concern; and71
(3) Each ingredient in such cosmetic that is a restricted substance.72
(c) The board shall make available to the public the information provided for in73
subsection (b) of this Code section; provided, however, that an ingredient that is not a74
chemical of concern or restricted substance may be withheld from public disclosure if the75
board determines, based on application by the manufacturer, that public disclosure would76
reveal proprietary information. If the board makes such a determination, the manufacturer77
shall provide a generic name for the ingredient consistent with the confidential chemical78
substances identity reporting requirements of the federal Toxic Substances Control Act,79
15 U.S.C. Section 2601, et seq.80
(d) The board shall be authorized to require a manufacturer to submit the information81
provided for in subsection (b) of this Code section to the Interstate Chemicals82
Clearinghouse for further review, data collection, and publication; provided, however, that83
proprietary information may be protected as provided for in subsection (c) of this Code84
section.85
(e) The submission requirements provided for in subsections (b) and (d) of this Code86
section shall not apply to a manufacturer that employs ten persons or fewer and is87
independently owned and operated in this state.88
(f) Beginning January 1, 2026, no person shall distribute, sell, or offer for sale in this state89
a cosmetic containing a restricted substance.90
(g)(1) A manufacturer in violation of this Code section shall be subject to a civil penalty91
not to exceed $5,000.00 in the case of first offense.92 23 LC 52 0185
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(2) A manufacturer that commits subsequent violations of this Code section shall be93
subject to a civil penalty not to exceed $10,000.00 for each additional violation.94
(h) The board shall promulgate rules and regulations to implement and enforce this Code95
section."96
SECTION 3.97
This Act shall become effective on January 1, 2025.98
SECTION 4.99
All laws and parts of laws in conflict with this Act are repealed.100