21 U.S.C. § 364j — Preemption

submitted 88 years ago by Pub. L. 117-328 to r/title-21-FOOD-AND-DRUGS · 260 words · no verdicts yet

in plain englishAI-generated · not legal advice

States cannot create cosmetics rules on registration, manufacturing practices, records, recalls, or safety that differ from this subchapter. Most other state cosmetics laws stay in effect, and states can still restrict ingredients or keep existing ingredient-reporting rules. Nothing here blocks lawsuits for damages under state law.

(a) In general: No state or local government may create or keep in effect any law, regulation, order, or requirement for cosmetics that differs from, adds to, or is not identical to this subchapter's requirements on registration and product listing, good manufacturing practice, records, recalls, adverse event reporting, or safety substantiation. (b) Limitation: The 2022 Modernization of Cosmetics Regulation Act amendments to this chapter do not preempt any state statute, public initiative, referendum, regulation, or other state action, except as (a) expressly says. Even with (a) in place, this section does not stop a state from banning or limiting an ingredient in a cosmetic, or from keeping in effect a state requirement, already in effect when the 2022 Act was enacted, that requires reporting an ingredient to the state. (c) Savings: Nothing added by the 2022 Act's amendments, no standard, rule, requirement, regulation, or adverse event report, changes, preempts, or replaces anyone's right to sue for damages, or anyone's liability, under any state's law, whether that law comes from a statute or from common law. (d) Rule of construction: Nothing in this section is meant to expand, limit, or otherwise change section 379s of this title.

the actual law source: uscode.house.gov ↗public domain

(a) In general

No State or political subdivision of a State may establish or continue in effect any law, regulation, order, or other requirement for cosmetics that is different from or in addition to, or otherwise not identical with, any requirement applicable under this subchapter with respect to registration and product listing, good manufacturing practice, records, recalls, adverse event reporting, or safety substantiation.

(b) Limitation

Nothing in the amendments to this chapter made by the Modernization of Cosmetics Regulation Act of 2022 shall be construed to preempt any State statute, public initiative, referendum, regulation, or other State action, except as expressly provided in subsection (a). Notwithstanding subsection (a), nothing in this section shall be construed to prevent any State from prohibiting the use or limiting the amount of an ingredient in a cosmetic product, or from continuing in effect a requirement of any State that is in effect at the time of enactment of the Modernization of Cosmetics Regulation Act of 2022 for the reporting to the State of an ingredient in a cosmetic product.

Nothing in the amendments to this chapter made by the Modernization of Cosmetics Regulation Act of 2022, nor any standard, rule, requirement, regulation, or adverse event report shall be construed to modify, preempt, or displace any action for damages or the liability of any person under the law of any State, whether statutory or based in common law.

(d) Rule of construction

Nothing in this section shall be construed to amend, expand, or limit the provisions under section 379s of this title.

Source credit: (June 25, 1938, ch. 675, § 614, as added Pub. L. 117–328, div. FF, title III, § 3502, Dec. 29, 2022, 136 Stat. 5857.)

history & why it existsrecord from the source credit

1938Enacted · Pub. L. 117-328 · 136 Stat. 5857

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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