2025 -- H 5617
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LC001184
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO HEALTH AND SAFETY -- THE PERSONAL HYGIENE PRO DUCT
SAFETY AND TOXIC METAL REMOVAL ACT OF 2025
Introduced By: Representatives Alzate, Ajello, Kislak, Felix, Furtado, Stewart, Kazarian,
Cruz, Diaz, and Fogarty
Date Introduced: February 26, 2025
Referred To: House Health & Human Services
It is enacted by the General Assembly as follows:
SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
amended by adding thereto the following chapter: 2
CHAPTER 18.19 3
THE PERSONAL HYGIENE PRODUCT SAFETY AND TOXIC METAL REMOVAL ACT 4
OF 2025 5
23-18.19-1. Short title. 6
This chapter shall be known and may be cited as “The Personal Hygiene Product Safety 7
and Toxic Metal Removal Act of 2025”. 8
23-18.19-2. Legislative purpose. 9
It is the purpose of this chapter to protect public health by reducing consumer exposure to 10
toxic metals, including lead, cadmium, arsenic, and other harmful substances, through the 11
regulation of personal hygiene and care products. This chapter seeks to eliminate detectable 12
concentrations of these toxic metals in personal care items, ensuring their safety for public use. 13
23-18.19-3. Definitions. 14
As used in this chapter, the following words and terms shall have the following meanings 15
unless the context shall clearly indicate another or different meaning or intent: 16
(1) “Detectable concentration” means any presence of a toxic metal at or above the 17
threshold levels set forth in § 23-18.19-4, measured by the standards of the U.S. Food and Drug 18
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Administration (FDA) or other applicable regulatory bodies. 1
(2) “Personal hygiene and care product” means any product intended for personal 2
cleansing, and grooming including, but not limited to, cosmetics, tampons and pads. 3
(3) “Toxic metal” means any metal identified as hazardous to human health by the 4
Environmental Protection Agency (EPA) or other recognized health authorities including, but not 5
limited to, lead, cadmium, and arsenic. 6
23-18.19-4. Prohibition of toxic metals in personal hygiene products. 7
No personal hygiene or care product sold in this state shall contain detectable 8
concentrations of any toxic metals including, but not limited to, lead, cadmium, or arsenic above 9
the following limits: 10
(1) Lead: 0.1 parts per million (ppm); 11
(2) Cadmium: 0.05 ppm; 12
(3) Arsenic: 0.1 ppm; and 13
(4) For metals not listed in this chapter but deemed harmful by relevant authorities, the 14
United States Department of Health and Human Services (HHS) shall determine appropriate 15
concentration limits based on scientific studies and public health risks. 16
23-18.19-5. Testing and monitoring. 17
Manufacturers of personal hygiene and care products sold in this state shall be required to 18
regularly test and document the presence of toxic metals in their products. The testing shall be 19
conducted by independent laboratories accredited by the FDA or an equivalent authority. 20
23-18.19-6. Reporting requirements. 21
All manufacturers shall submit reports to the department of business regulation (DBR) 22
detailing the results of product testing, including proof that their products meet the limits 23
established pursuant to this chapter. Reports shall be made available to the public via the 24
department’s website. 25
23-18.19-7. Enforcement and penalties. 26
(a) The DBR or its designated agents shall have the authority to inspect, seize, and test 27
personal hygiene products suspected of containing harmful levels of toxic metals. Products found 28
to be in violation of the concentration limits set forth § 23-18.19-4 shall be subject to recall at the 29
manufacturer’s expense. 30
(b) Manufacturers found in violation of this chapter shall be subject to civil penalties up to 31
two hundred fifty thousand dollars ($250,000) per violation. Repeat offenders may face increased 32
penalties including, but not limited to, possible suspension of their license to conduct business in 33
this state. 34
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(c) The DBR shall have the authority to obtain an injunction or seek other legal relief to 1
prohibit the sale of personal care products violating the concentration limits set forth in this chapter. 2
23-18.19-8. Public awareness and education. 3
(a) Personal hygiene products shall include a label that certifies they have been tested and 4
meet all federal safety standards concerning toxic metals. 5
(b) The executive office of health and human services shall implement an educational 6
campaign to inform consumers about the risks of toxic metals in personal care products, the 7
importance of reading product labels, and the steps being taken to protect public health. 8
23-18.19-9. Research and development funding. 9
The executive office of health and human services shall provide grants to academic 10
institutions, nonprofit organizations, and industry stakeholders for the research and development 11
of safer alternatives to toxic metals in personal hygiene and care products. 12
23-18.19-10. Appropriations. 13
The general assembly shall annually appropriate such sums as it may deem necessary for 14
the expenses of administering and implementation of this chapter. 15
23-18.19-11. Severability. 16
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any 17
court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate 18
the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, 19
section, or part directly involved in the controversy in which that judgment shall have been 20
rendered. 21
23-18.19-12. Effective Date. 22
This chapter shall take effect on January 1, 2028, with manufacturers being required to 23
comply with the concentration limits set forth in § 23-18.19-4 within one hundred eighty (180) days 24
thereafter. 25
SECTION 2. This act shall take effect upon passage. 26
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- THE PERSONAL HYGIENE PRODUC T
SAFETY AND TOXIC METAL REMOVAL ACT OF 2025
***
This act would set a clear and enforceable standard for reducing the presence of harmful 1
metals in personal care products, prioritizing public health through testing, labeling, and the 2
development of safer alternatives commencing on January 1, 2028 with enforcement one hundred 3
eighty (180) days thereafter. 4
This act would take effect upon passage. 5
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