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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5017 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 5017

     To amend the Federal Food, Drug, and Cosmetic Act to treat as 
    misbranded cosmetics with packaging or labeling using the term 
 ``natural'' unless the product meets certain standards, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2019

 Mr. Sean Patrick Maloney of New York (for himself, Ms. Meng, and Ms. 
 Schakowsky) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
     To amend the Federal Food, Drug, and Cosmetic Act to treat as 
    misbranded cosmetics with packaging or labeling using the term 
 ``natural'' unless the product meets certain standards, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Natural Cosmetics Act''.

SEC. 2. COSMETICS WITH CERTAIN TERMS MISBRANDED.

    (a) In General.--Section 602 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the 
following:
    ``(g) If its packaging or labeling bears the term `natural' 
unless--
            ``(1) if the term `natural' pertains to the cosmetic 
        overall, the cosmetic contains--
                    ``(A) at least 70 percent natural substances (other 
                than water and salt);
                    ``(B) no fragrance ingredient other than a natural 
                substance or naturally-derived ingredient; and
                    ``(C) other than natural substances and water, 
                contains only naturally-derived ingredients except to 
                the extent a naturally-derived ingredient--
                            ``(i) is not available for a specific 
                        function; or
                            ``(ii) is otherwise not feasible;
            ``(2) if the term `natural' pertains to one or more 
        ingredients in the cosmetic--
                    ``(A) the ingredient statement identifies natural 
                ingredients individually with the terms `natural' or 
                `naturally-derived ingredient';
                    ``(B) the listing of each such ingredient is 
                followed by a reference mark; and
                    ``(C) the labeling contains the definition of such 
                terms below the ingredient statement; and
            ``(3) the cosmetic is not made using any of the following:
                    ``(A) Alkoxylation (including ethoxylation and 
                propoxylation) using ethylene oxide, propylene oxide, 
                or other alkylene oxides.
                    ``(B) Deterpenation (other than with steam).
                    ``(C) Halogenation as the main reaction.
                    ``(D) Ionizing radiation.
                    ``(E) Sulphonation as the main reaction.
                    ``(F) Treatment with ethylene oxide.
                    ``(G) Treatment using mercury.''.
    (b) Definitions.--Chapter VI of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 361 et seq.) is amended by adding at the end 
the following:

``SEC. 604. DEFINITIONS.

    ``In this chapter:
            ``(1)(A) The term `natural' means any chemical substance 
        that is naturally occurring and which is--
                    ``(i) unprocessed;
                    ``(ii) processed only by manual, mechanical, 
                naturally derived solvent or gravitational means, by 
                dissolution in water or steam, by flotation, or by 
                heating solely to remove water; or
                    ``(iii) extracted from air by any means.
            ``(B) Such term does not include petroleum and petroleum 
        derived ingredients.
            ``(2) The term `naturally-derived ingredient' means--
                    ``(A) any substance where the starting material is 
                of mineral, plant, microbe, or animal origin but has 
                been chemically processed;
                    ``(B) any substance where the starting material is 
                of mineral, plant, microbe, or animal origin but has 
                been chemically processed and combined with other 
                ingredients, excluding petroleum and fossil fuel-
                derived ingredients; or
                    ``(C) an ingredient that is derived from a plant 
                feedstock and bio-manufactured using processes like 
                fermentation, saponification, condensation, or 
                esterification in order to improve performance or make 
                the ingredient biodegradable or sustainable.''.
    (c) Applicability.--Section 602(g) of the Federal Food, Drug, and 
Cosmetic Act, as added by subsection (a), applies beginning on the date 
that is 2 years after the date of enactment of this Act.

SEC. 3. RECALL AUTHORITY FOR MISBRANDED COSMETICS PURPORTING TO BE 
              ``NATURAL''.

    Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
361 et seq.), as amended by section 2, is further amended by adding at 
the end the following:

``SEC. 605. RECORDKEEPING, NOTIFICATION, NONDISTRIBUTION, AND RECALL OF 
              MISBRANDED COSMETICS PURPORTING TO BE `NATURAL'.

    ``(a) Recordkeeping.--A manufacturer or distributer of a cosmetic 
purporting to be natural within the meaning of section 602(g) shall--
            ``(1) maintain records--
                    ``(A) verifying such claim; and
                    ``(B)(i) demonstrating that each ingredient in the 
                cosmetic has been dated by the supplier of such 
                ingredient using carbon-14 testing; and
                    ``(ii) including the results of such testing; and
            ``(2) make such records available to the Secretary for 
        inspection, request, or audit.
    ``(b) Notification of Misbranded Cosmetics.--
            ``(1) In general.--A responsible party that has reason to 
        believe that a cosmetic, when introduced into or while in 
        interstate commerce, or while held for sale (regardless of 
        whether such sale is the first sale of such cosmetic) after 
        shipment in interstate commerce, is misbranded under section 
        602(g) shall notify the Secretary of the identity and location 
        of the cosmetic.
            ``(2) Manner of notification.--Notification under paragraph 
        (1) shall be made in such manner and by such means as the 
        Secretary may require by regulation or guidance.
            ``(3) Responsible party defined.--For purposes of this 
        subsection, the term `responsible party' means a brand owner, 
        manufacturer, packager, retailer, or distributor of the 
        cosmetic.
    ``(c) Voluntary Recall.--The Secretary may request that any person 
who distributes a cosmetic that the Secretary has reason to believe is 
misbranded under section 602(g) voluntarily--
            ``(1) recall such cosmetic; and
            ``(2) provide for notice, including to individuals as 
        appropriate, to persons who may be affected by the recall.
    ``(d) Order To Cease Distribution.--
            ``(1) In general.--If the Secretary has reason to believe 
        that the cosmetic is misbranded under section 602(g), the 
        Secretary shall have the authority to issue an order requiring 
        any person who distributes such cosmetic to immediately cease 
        distribution of such cosmetic.
            ``(2) Cease distribution and notice.--Any person who is 
        subject to an order under paragraph (1) shall immediately cease 
        distribution of such cosmetic and provide notification as 
        required by such order.
            ``(3) Appeal.--
                    ``(A) 48 hours.--A person subject to an order under 
                paragraph (1) may appeal such order to the Secretary 
                within 48 hours of the issuance of such order.
                    ``(B) Contents of appeal.--Such appeal may include 
                a request for an informal hearing and a description of 
                any efforts to recall such cosmetic undertaken 
                voluntarily by the person, including after a request 
                under subsection (b).
                    ``(C) Informal hearing.--An informal hearing shall 
                be held as soon as practicable, but not later than 5 
                calendar days (or less as determined by the Secretary) 
                after such an appeal is filed, unless the parties 
                jointly agree to an extension.
                    ``(D) Impact on recall.--If an appeal is filed 
                under subparagraph (A), the Secretary may not amend the 
                order to require a recall under subsection (d) until 
                after the conclusion of the hearing under subparagraph 
                (C).
            ``(4) Vacation of order.--If the Secretary determines that 
        inadequate grounds exist to support the actions required by the 
        order under paragraph (1), the Secretary shall vacate the 
        order.
    ``(e) Notice to Consumers and Health Officials.--The Secretary 
shall, as the Secretary determines to be necessary, provide public 
notice of an order to cease distribution or recalling a misbranded 
cosmetic under this section to all consumers in a prominent manner on 
the website of the Food and Drug Administration and to appropriate 
State and local health officials.
    ``(f) Supply Chain Information.--
            ``(1) In general.--In the case of a cosmetic that the 
        Secretary has reason to believe is misbranded under section 
        602(g), the Secretary shall request that the brand owner named 
        on the label of such cosmetic (as required under section 
        602(b)(1)) submit all of the following information:
                    ``(A) The name and place of business of the 
                manufacturer, packager, supplier, or distributor from 
                which such entity received the cosmetic or ingredients 
                for manufacturing such cosmetic.
                    ``(B) The name and place of business of any entity 
                (including any retailer) that was provided with such 
                cosmetic by the entity named on the label.
            ``(2) Collection of additional supply chain information.--
        In the case of a cosmetic that the Secretary has reason to 
        believe is misbranded under section 602(g), to the extent 
        necessary to protect the safety of the public, the Secretary 
        may request that any entity (including a supplier of an 
        ingredient, manufacturer, packer, distributor, or retailer) in 
        the supply chain of such cosmetic submit to the Secretary 
        information that is similar to the information described under 
        subparagraphs (A) and (B) of paragraph (1).
            ``(3) Maintenance of records.--Any entity in the supply 
        chain of a cosmetic (including the brand owner named on the 
        label of a cosmetic) shall--
                    ``(A) maintain records sufficient to provide the 
                information described in subparagraphs (A) and (B) of 
                paragraph (1); and
                    ``(B) provide such information to the Secretary 
                upon the request of the Secretary.
    ``(g) Savings Clause.--Nothing contained in this section shall be 
construed as limiting the authority of the Secretary to issue an order 
to cease distribution of, or to recall, a cosmetic under any other 
provision of this Act.''.
                                 <all>
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