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21 U.S.C. § 364eLabeling

submitted 88 years ago by Pub. L. 117-328 to r/title-21-FOOD-AND-DRUGS · 288 words · no verdicts yet

in plain englishAI-generated · not legal advice

Cosmetic labels must list a domestic address, phone number, or electronic contact so people can report problems. Labels must also name any fragrance allergen the Secretary identifies by regulation. Products meant only for licensed professionals need a label saying so, plus normal cosmetics labeling.

(a) General requirement: Every cosmetic product's label must include a domestic address, domestic phone number, or electronic contact, which can include a website, so the responsible person can receive adverse event reports about that product. (b) Fragrance allergens: The responsible person must list, on the label, each fragrance allergen contained in the cosmetic product. The Secretary decides by regulation which substances count as fragrance allergens for this purpose. The Secretary must propose this regulation within 18 months of December 29, 2022, and issue a final rule within 180 days after the public comment period closes. In writing this rule, the Secretary must consider international, state, and local allergen-disclosure requirements, including the European Union's approach, and may set minimum threshold amounts that trigger disclosure. (c) Cosmetic products for professional use: (1) "Professional" means someone licensed by a state authority to work in cosmetology, nail care, barbering, or esthetics. (2) A cosmetic product sold in interstate commerce and meant only for professional use must have a label that (A) clearly and prominently states it should only be given to or used by licensed professionals, and (B) otherwise meets the Secretary's normal cosmetics labeling rules under this chapter and section 1453(a) of title 15.
the actual law source: uscode.house.gov ↗public domain
(a) General requirement

Each cosmetic product shall bear a label that includes a domestic address, domestic phone number, or electronic contact information, which may include a website, through which the responsible person can receive adverse event reports with respect to such cosmetic product.

(b) Fragrance allergens

The responsible person shall identify on the label of a cosmetic product each fragrance allergen included in such cosmetic product. Substances that are fragrance allergens for purposes of this subsection shall be determined by the Secretary by regulation. The Secretary shall issue a notice of proposed rulemaking promulgating the regulation implementing this requirement not later than 18 months after December 29, 2022, and not later than 180 days after the date on which the public comment period on the proposed rulemaking closes, shall issue a final rulemaking. In promulgating regulations implementing this subsection, the Secretary shall consider international, State, and local requirements for allergen disclosure, including the substance and format of requirements in the European Union, and may establish threshold levels of amounts of substances subject to disclosure pursuant to such regulations.

(c) Cosmetic products for professional use
(1) Definition of professional

For purposes of this subsection, the term “professional” means an individual who is licensed by an official State authority to practice in the field of cosmetology, nail care, barbering, or esthetics.

(2) Professional use labeling

A cosmetic product introduced into interstate commerce and intended to be used only by a professional shall bear a label that—

(A)

contains a clear and prominent statement that the product shall be administered or used only by licensed professionals; and

(B)

is in conformity with the requirements of the Secretary for cosmetics labeling under this chapter and section 1453(a) of title 15.

Source credit: (June 25, 1938, ch. 675, § 609, as added Pub. L. 117–328, div. FF, title III, § 3502, Dec. 29, 2022, 136 Stat. 5854.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 117-328 · 136 Stat. 5854

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 1938-06-25.

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