II 

115TH CONGRESS 

2D SESSION S. 2722 

To establish environmental justice as a consideration in the regulation of 

pesticides, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2018 

Ms. HARRIS introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish environmental justice as a consideration in the 

regulation of pesticides, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Environmental Justice Right to Know Act of 2018’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PESTICIDES AND OTHER CHEMICAL SUBSTANCES 

Sec. 101. Pesticides. 

Sec. 102. Inclusion of certain chemicals in Safer Choice program. 

TITLE II—HEALTH AND SAFETY IN THE WORKPLACE 


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Sec. 201. Definitions. 

Sec. 202. Occupational safety and health standard for nail and hair salons. 

Sec. 203. NIOSH study on ventilation in hair and nail salons. 

Sec. 204. Healthy nail salon recognition programs. 

Sec. 205. Impact of toxic cosmetics on women. 

Sec. 206. Susan Harwood training grants. 

1 TITLE I—PESTICIDES AND 

2 OTHER CHEMICAL SUBSTANCES 

3 SEC. 101. PESTICIDES. 

4 (a) ENVIRONMENTAL JUSTICE CONSIDERATIONS.— 

5 Section 25 of the Federal Insecticide, Fungicide, and 

6 Rodenticide Act (7 U.S.C. 136w) is amended by adding 

7 at the end the following: 

8 ‘‘(f) ENVIRONMENTAL JUSTICE CONSIDERATIONS.— 

9 ‘‘(1) DEFINITION OF ENVIRONMENTAL JUS10 TICE.—In this subsection, the term ‘environmental 

11 justice’ means the fair treatment and meaningful in12 volvement of all affected individuals, regardless of 

13 race, color, national origin, income, gender, citizen14 ship status, language, or literacy, with respect to the 

15 development, implementation, and enforcement of an 

16 environmental law, regulation, or policy. 

17 ‘‘(2) REQUIREMENT.—Notwithstanding any 

18 other provision of law (including regulations), in de19 veloping any policy, procedure, or guidance or pro20 mulgating any regulation pursuant to this Act, the 

21 Administrator shall, to the maximum extent prac22 ticable— 


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1 ‘‘(A) solicit, and take into consideration, 

2 comments from— 

3 ‘‘(i) interested Federal and State 

4 agencies; and 

5 ‘‘(ii) the public; 

6 ‘‘(B) seek to achieve environmental justice; 

7 and 

8 ‘‘(C) ensure transparency with respect to 

9 information regarding the ingredients of pes10 ticides.’’. 

11 (b) TRAINING AND LABELING REQUIREMENTS.— 

12 (1) IN GENERAL.—Section 30 of the Federal 

13 Insecticide, Fungicide, and Rodenticide Act (7 

14 U.S.C. 136w–5) is amended— 

15 (A) in the third sentence— 

16 (i) by striking ‘‘this section’’ and in17 serting ‘‘this subsection’’; and 

18 (ii) by striking ‘‘The authority’’ and 

19 inserting the following: 

20 ‘‘(3) LIMITATION ON AUTHORITY OF ADMINIS21 TRATOR.—The authority’’; 

22 (B) in the second sentence, by striking 

23 ‘‘Such training’’ and inserting the following: 

24 ‘‘(2) INCLUSIONS.—Subject to subsection (b), 

25 the training described in paragraph (1)’’; and 


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1 (C) by striking the section designation and 

2 heading and all that follows through ‘‘Each 

3 State’’ in the first sentence and inserting the 

4 following: 

5 ‘‘SEC. 30. TRAINING AND LABELING REQUIREMENTS. 

6 ‘‘(a) TRAINING.— 

7 ‘‘(1) STATE REQUIREMENTS FOR MAINTENANCE

8 APPLICATORS AND SERVICE TECHNICIANS.—Each 

9 State’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(b) LABELING.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law (including regulations), the Admin14 istrator shall require that each label borne by a pes15 ticide includes a translation of essential safety and 

16 environmental information, as determined by the Ad17 ministrator subject to paragraph (2), into— 

18 ‘‘(A) Spanish; and 

19 ‘‘(B) such other appropriate languages as 

20 the Administrator may require, on receipt of a 

21 recommendation from a unit of State or local 

22 government within the boundaries of which the 

23 pesticide is sold, transported, or used. 


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1 ‘‘(2) INCLUSIONS.—The information required to 

2 be translated under paragraph (1) shall include, as 

3 applicable— 

4 ‘‘(A) warnings and precautionary state5 ments; 

6 ‘‘(B) information relating to— 

7 ‘‘(i) exposure symptoms; 

8 ‘‘(ii) toxicity levels; 

9 ‘‘(iii) appropriate first aid measures; 

10 ‘‘(iv) personal protective equipment; 

11 and 

12 ‘‘(v) restricted entry intervals; 

13 ‘‘(C) general safe handling and usage di14 rections; 

15 ‘‘(D) storage and disposal instructions; and 

16 ‘‘(E) other appropriate directions to pre17 vent environmental contamination.’’. 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) IN GENERAL.—Section 3(c)(1)(C) of 

20 the Federal Insecticide, Fungicide, and Rodent21 icide Act (7 U.S.C. 136a(c)(1)(C)) is amended 

22 by inserting ‘‘(including a translation into 

23 Spanish and any other appropriate language of 

24 certain information, in accordance with section 

25 30(b))’’ before the semicolon at the end. 


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1 (B) UNLAWFUL ACTS.—Section 12(a)(2) 

2 of the Federal Insecticide, Fungicide, and Ro3 denticide Act (7 U.S.C. 136j(a)(2)) is amend4 ed— 

5 (i) in subparagraph (R), by striking 

6 ‘‘or’’ at the end; 

7 (ii) in subparagraph (S), by striking 

8 the period at the end and inserting ‘‘; or’’; 

9 and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(T) to violate section 30(b).’’. 

13 SEC. 102. INCLUSION OF CERTAIN CHEMICALS IN SAFER 

14 CHOICE PROGRAM. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law (including regulations), not later than 1 year 

17 after the date of enactment of this Act, the Administrator 

18 of the Environmental Protection Agency shall— 

19 (1) include on the Safer Chemical Ingredients 

20 List published under the Safer Choice program of 

21 the Environmental Protection Agency Safer Choice 

22 alternatives for each chemical substance described in 

23 subsection (b) as functionally used in nail salon 

24 products, hair salon products, and other cosmetics; 


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1 (2) modify the Safer Choice and Design for the 

2 Environment labels under the Safer Choice program, 

3 as applicable, in accordance with paragraph (1) for 

4 the purpose of supporting healthier nail salons and 

5 nail salon products; and 

6 (3) provide to manufacturers and researchers 

7 appropriate incentives to develop safer, affordable 

8 nail salon products, including disinfectants. 

9 (b) DESCRIPTION OF CHEMICAL SUBSTANCES.—The 

10 chemical substances referred to in subsection (a)(1) are 

11 each of the following: 

12 (1) Toluene. 

13 (2) Formaldehyde. 

14 (3) Triphenyl phosphate. 

15 (4) Dibutyl phthalate. 

16 (5) Methacrylates. 

17 TITLE II—HEALTH AND SAFETY 

18 IN THE WORKPLACE 

19 SEC. 201. DEFINITIONS. 

20 In this title: 

21 (1) COSMETIC.—The term ‘‘cosmetic’’ has the 

22 meaning given such term in section 201 of the Fed23 eral Food, Drug, and Cosmetic Act (21 U.S.C. 321). 

24 (2) SAFETY DATA SHEET.—The term ‘‘safety 

25 data sheet’’ means the safety data sheets required 


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1 under section 1910.1200 of title 29, Code of Federal 

2 Regulations, or a successor regulation. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Labor. 

5 SEC. 202. OCCUPATIONAL SAFETY AND HEALTH STANDARD 

6 FOR NAIL AND HAIR SALONS. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Secretary shall promul9 gate under section 6 of the Occupational Safety and 

10 Health Act of 1970 (29 U.S.C. 655) an occupational safe11 ty and health standard to improve ventilation in nail and 

12 hair salons. 

13 (b) SAFETY DATA SHEETS.— 

14 (1) STANDARD.—The standard described in 

15 subsection (a) shall— 

16 (A) require that safety data sheets of any 

17 cosmetic used by nail, hair, barber, and other 

18 beauty professionals be available on the website 

19 of the manufacturer of the cosmetic and ensure 

20 that such safety data sheets are easily accessed 

21 via the name of the specific product line; 

22 (B) require that all such safety data sheets 

23 available on such websites be translated into 

24 languages spoken by a significant number of 


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1 professionals, including Spanish, Vietnamese, 

2 Korean, Chinese, and Nepali; and 

3 (C) require manufacturers of all cosmetics 

4 to create and provide, for use on small sec5 ondary containers, small labels with the name 

6 of the product and its ingredients as listed on 

7 the safety data sheet. 

8 (2) QUICK CARD.—The Secretary shall trans9 late its ‘‘Quick Card’’ publication regarding require10 ments for safety data sheets into Vietnamese, Ko11 rean, Chinese, and Nepali. 

12 SEC. 203. NIOSH STUDY ON VENTILATION IN HAIR AND 

13 NAIL SALONS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the National Institute for Occupational Safety 

16 and Health shall conduct research on ventilation in nail 

17 and hair salons and report to Congress on each of the 

18 following: 

19 (1) The level of ventilation necessary for health 

20 protective ambient air and breathing zone air quality 

21 for workers in nail and hair salons. 

22 (2) Various ventilation methods and tech23 nologies to improve air quality in such salons, such 

24 as source capture systems, ceiling vents, and hand 


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1 tools to vacuum dust during artificial nail applica2 tion. 

3 (3) Recommendations as to the relative effec4 tiveness and practicality of various ventilation tech5 nologies and methods. 

6 (4) Practical ‘‘how to’’ information and advice 

7 for implementing effective ventilation, such as ap8 proximate costs of structural changes or equipment 

9 and how to negotiate with a landlord to make such 

10 structural changes. 

11 SEC. 204. HEALTHY NAIL SALON RECOGNITION PROGRAMS. 

12 (a) IN GENERAL.—The Secretary may establish a 

13 program for States to apply for grants to— 

14 (1) develop guidelines and criteria for State 

15 healthy nail salon recognition programs; and 

16 (2) conduct outreach to local agencies to imple17 ment those programs. 

18 (b) CRITERIA.—The Secretary may establish min19 imum protective criteria that a State healthy nail salon 

20 recognition program shall meet in order for the State to 

21 receive a grant under subsection (a). Such criteria may 

22 include— 

23 (1) prohibiting nail salons from using toluene, 

24 dibutyl phthalate, formaldehyde, and methyl ethyl 

25 ketone; 


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1 (2) requiring nail salons to use source capture 

2 systems of ventilation at all stations when any artifi3 cial nail service is provided; and 

4 (3) requiring nail salons to mandate participa5 tion of employers and employees in training on best 

6 practices for a less toxic workplace. 

7 (c) OSHA TRAINING MATERIALS.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary, in 

10 consultation with stakeholders implementing State 

11 healthy nail salon recognition programs on such date 

12 of enactment, shall develop— 

13 (A) online training materials for employers 

14 and employees of nail salons, the content of 

15 which shall be similar to training materials used 

16 by such programs on such date of enactment; 

17 and 

18 (B) certificates or window decals con19 taining the Occupational Safety and Health Ad20 ministration logo, which States receiving a 

21 grant under subsection (a) may provide to em22 ployers and employees that complete training 

23 pertaining to safe ventilation in nail salons as 

24 proof of completing such training. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 SEC. 205. IMPACT OF TOXIC COSMETICS ON WOMEN. 

5 Not later than 2 years after the date of enactment 

6 of this Act— 

7 (1) the Director of the National Institute of 

8 Environmental Health Sciences of the National In9 stitutes of Health shall submit a report, to the Di10 rector of the Office of Minority Health and Con11 gress, on the long-term negative health effects of en12 docrine disrupting chemicals, carcinogens, neurotoxi13 cants, and asthmagens in cosmetics on the health of 

14 women of color and women in other communities 

15 that are highly impacted by such long-term negative 

16 health effects; and 

17 (2) the Director of the Office of Minority 

18 Health shall submit a report to Congress, based on 

19 the report under paragraph (1), on policy rec20 ommendations, including actions that Federal agen21 cies may take, to reduce or eliminate exposure of the 

22 women described in such paragraph to endocrine dis23 rupting chemicals, carcinogens, neurotoxicants, and 

24 asthmagens in cosmetics. 


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1 SEC. 206. SUSAN HARWOOD TRAINING GRANTS. 

2 The Secretary shall, in awarding Susan Harwood 

3 training grants under the Occupational Safety and Health 

4 Act of 1970 (29 U.S.C. 651 et seq.), assure that hazards 

5 facing nail and hair salon workers are included as a tar6 geted topic for training in any announcement for such 

7 grants issued after the date of enactment of this Act. 

Æ 


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