Georgia 2023-2024 Regular Session

Georgia House Bill HB390 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 52 0185
2	2	H. B. 390
3	3	- 1 -
4	4	House Bill 390
5	5	By: Representatives Schofield of the 63
6	6	rd
7	7	, Willis of the 55
8	8	th
9	9	, Scott of the 76
10	10	th
11	11	, Carter of the
12	12	93
13	13	rd
14	14	, Davis of the 87
15	15	th
16	16	, and others
17	17	A BILL TO BE ENTITLED
18	18	AN ACT
19	19	To amend Chapter 3 of Title 26 of the Official Code of Georgia Annotated, relating to
20	20	1
21	21	standards, labeling, and adulteration of drugs and cosmetics, so as to require a manufacturer2
22	22	to disclose ingredients, chemicals of concern, and restricted substances found in a cosmetic3
23	23	distributed, sold, or offered for sale in this state; to provide for the Board of Pharmacy to4
24	24	publish such information, with an exception for proprietary ingredients; to provide for an5
25	25	exemption for small, local manufacturers; to prohibit any person from distributing, selling,6
26	26	or offering for sale a cosmetic containing a restricted substance in this state; to provide for7
27	27	definitions; to provide for rules, regulations, enforcement, and penalties; to provide for a8
28	28	short title; to provide for related matters; to provide for an effective date; to repeal conflicting9
29	29	laws; and for other purposes.10
30	30	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
31	31	SECTION 1.12
32	32	This Act shall be known and may be cited as the "Safe Cosmetics Act."13 23 LC 52 0185
33	33	H. B. 390
34	34	- 2 -
35	35	SECTION 2.
36	36	14
37	37	Chapter 3 of Title 26 of the Official Code of Georgia Annotated, relating to standards,15
38	38	labeling, and adulteration of drugs and cosmetics, is amended by adding a new Code section16
39	39	to read as follows:17
40	40	"26-3-11.1.
41	41	18
42	42	(a) As used in this Code section, the term:19
43	43	(1) 'Chemical of concern' means a chemical or class of chemicals that, alone or in20
44	44	combination with other ingredients, is known or classified as an allergen, asthmagen,21
45	45	carcinogen, mutagen, endocrine disruptor, reproductive or developmental toxicant,22
46	46	persistent bioaccumulative toxicant, or neurotoxicant as provided by regulation by the23
47	47	board.24
48	48	(2) 'Ingredient' means:25
49	49	(A) An intentionally added ingredient present in any quantity in a cosmetic; or26
50	50	(B) A nonfunctional byproduct or nonfunctional contaminant that is a chemical of27
51	51	concern and present in any quantity in a cosmetic.28
52	52	(3) 'Intentionally added ingredient' means any element or compound, or intentional29
53	53	breakdown product thereof, that a manufacturer has intentionally added to a cosmetic and30
54	54	which has a functional or technical effect on the finished product. Such term includes,31
55	55	but is not limited to, the components of an intentionally added fragrance, flavoring, or32
56	56	color.33
57	57	(4) 'Manufacturer' means any person, firm, association, partnership, limited liability34
58	58	company, or corporation which produces, prepares, formulates, or compounds a cosmetic,35
59	59	or whose brand name is affixed to a cosmetic, and such cosmetic is distributed, sold, or36
60	60	offered for sale in this state, whether retail or wholesale, for personal, professional, or37
61	61	commercial use, or distributed for promotional purposes in this state. Such term includes38
62	62	the importer or first domestic distributor of such cosmetic if the entity that manufactures39 23 LC 52 0185
63	63	H. B. 390
64	64	- 3 -
65	65	such cosmetic or whose brand name is affixed to such cosmetic does not have a presence40
66	66	in the United States.41
67	67	(5) 'Nonfunctional byproduct' means any element or compound which has no functional42
68	68	or technical effect on the finished product and which was intentionally added or43
69	69	unintentionally created or formed at any time during the manufacturing process at any44
70	70	point in the supply chain of such cosmetic, its raw material, or its ingredient. Such term45
71	71	includes, but is not limited to, an unreacted raw material, a breakdown of an intentionally46
72	72	added ingredient, or a byproduct of the manufacturing process.47
73	73	(6) 'Nonfunctional contaminant' means any element or compound present in a cosmetic48
74	74	as an unintentional consequence of the manufacturing process which has no functional49
75	75	or technical effect on the finished product. Such term includes, but is not limited to,50
76	76	elements or compounds present in the environment as contaminants which were51
77	77	introduced into a cosmetic, its raw material, or its ingredient as a result of the use of an52
78	78	environmental medium, such as a naturally occurring mineral, air, soil, or water, in the53
79	79	manufacturing process at any point in the supply chain of such cosmetic, its raw material,54
80	80	or its ingredient.55
81	81	(7) 'Restricted substance' means lead and lead compounds; mercury and mercury56
82	82	compounds; formaldehyde and paraformaldehyde; triclosan; toluene; perfluoroalkyl and57
83	83	polyfluoroalkyl substances; dibutyl phthalate (DBP), di-2-ethylhexyl phthalate (DEHP),58
84	84	diethyl phthalate (DEP), and butyl benzyl phthalate and related phthalates;59
85	85	isobutylparaben, isopropylparaben, butylparaben, methylparaben, propylparaben, and60
86	86	related parabens; methylene glycol, methanediol, and formaldehyde monohydrate;61
87	87	oxybenzone; Quaternium-15; m-Phenylenediamine and its salts; and o-Phenylenediamine62
88	88	and its salts.63
89	89	(b) Beginning January 1, 2025, and annually thereafter, each manufacturer shall submit64
90	90	to the board in a manner prescribed by the board information for each cosmetic distributed,65
91	91	sold, or offered for sale in this state, including but not limited to:66 23 LC 52 0185
92	92	H. B. 390
93	93	- 4 -
94	94	(1) A list of each ingredient of such cosmetic in descending order of predominance by67
95	95	weight in the cosmetic; provided, however, that ingredients present at a weight below68
96	96	1 percent of the cosmetic's total weight may be listed following other ingredients without69
97	97	respect to the order of predominance by weight;70
98	98	(2) Each ingredient in such cosmetic that is a chemical of concern; and71
99	99	(3) Each ingredient in such cosmetic that is a restricted substance.72
100	100	(c) The board shall make available to the public the information provided for in73
101	101	subsection (b) of this Code section; provided, however, that an ingredient that is not a74
102	102	chemical of concern or restricted substance may be withheld from public disclosure if the75
103	103	board determines, based on application by the manufacturer, that public disclosure would76
104	104	reveal proprietary information. If the board makes such a determination, the manufacturer77
105	105	shall provide a generic name for the ingredient consistent with the confidential chemical78
106	106	substances identity reporting requirements of the federal Toxic Substances Control Act,79
107	107	15 U.S.C. Section 2601, et seq.80
108	108	(d) The board shall be authorized to require a manufacturer to submit the information81
109	109	provided for in subsection (b) of this Code section to the Interstate Chemicals82
110	110	Clearinghouse for further review, data collection, and publication; provided, however, that83
111	111	proprietary information may be protected as provided for in subsection (c) of this Code84
112	112	section.85
113	113	(e) The submission requirements provided for in subsections (b) and (d) of this Code86
114	114	section shall not apply to a manufacturer that employs ten persons or fewer and is87
115	115	independently owned and operated in this state.88
116	116	(f) Beginning January 1, 2026, no person shall distribute, sell, or offer for sale in this state89
117	117	a cosmetic containing a restricted substance.90
118	118	(g)(1) A manufacturer in violation of this Code section shall be subject to a civil penalty91
119	119	not to exceed $5,000.00 in the case of first offense.92 23 LC 52 0185
120	120	H. B. 390
121	121	- 5 -
122	122	(2) A manufacturer that commits subsequent violations of this Code section shall be93
123	123	subject to a civil penalty not to exceed $10,000.00 for each additional violation.94
124	124	(h) The board shall promulgate rules and regulations to implement and enforce this Code95
125	125	section."96
126	126	SECTION 3.97
127	127	This Act shall become effective on January 1, 2025.98
128	128	SECTION 4.99
129	129	All laws and parts of laws in conflict with this Act are repealed.100