II 

116TH CONGRESS 

1ST SESSION S. 1375 

To require the Commissioner of Food and Drugs to develop standards for 

a ‘‘Reef Safe’’ label for sunscreen. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2019 

Mr. MERKLEY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Commissioner of Food and Drugs to develop 

standards for a ‘‘Reef Safe’’ label for sunscreen. 

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. 

4 This Act may be cited as the ‘‘Reef Safe Act of 

5 2019’’. 

6 SEC. 2. LABELING CRITERIA FOR ‘‘REEF SAFE’’ SUNSCREEN. 

7 (a) IN GENERAL.—As soon as practicable, but not 

8 later than 2 years after the date of enactment of this Act, 

9 the Secretary, acting through the Commissioner, shall de10 velop labeling criteria for a ‘‘Reef Safe’’ designation for 


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1 nonprescription sunscreen, in consultation with the Ad2 ministrator of the Environmental Protection Agency and 

3 the Administrator of the National Oceanic and Atmos4 pheric Administration. 

5 (b) REEF SAFE LABEL.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Secretary, act8 ing through the Commissioner, shall develop stand9 ards for use of the term ‘‘Reef Safe’’ on the labeling 

10 of nonprescription sunscreen, which shall conform 

11 with the requirements of section 502 of the Federal 

12 Food, Drug, and Cosmetic Act (21 U.S.C. 352). 

13 (2) CRITERIA AND CONSULTATION.—In devel14 oping the standards described in paragraph (1), the 

15 Secretary shall— 

16 (A) consider the impacts of active sun17 screen ingredients on the mortality of, and de18 velopmental or reproductive disruptions to, cer19 tain marine species, including fish, fish larvae, 

20 sea urchins, coral, and shrimp; and 

21 (B) consult with appropriate heads of Fed22 eral agencies, including the Administrator of 

23 the Environmental Protection Agency and the 

24 Administrator of the National Oceanic and At25 mospheric Administration, with respect to studVerDate Sep 11 2014 04:40 May 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1375.IS S1375

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1 ies on the impacts of active sunscreen ingredi2 ents on living components of coral reef eco3 systems. 

4 (c) REVIEW AND REVISION.—Not less frequently 

5 than once every 10 years, the Secretary, acting through 

6 the Commissioner and in consultation with the Adminis7 trator of the Environmental Protection Agency and the 

8 Administrator of the National Oceanic and Atmospheric 

9 Administration, and taking into consideration scientific 

10 studies of the Food and Drug Administration, the Envi11 ronmental Protection Agency, and the National Oceanic 

12 and Environmental Protection Agency, shall— 

13 (1) review the labeling standards in effect under 

14 subsection (b)(1); 

15 (2) if appropriate, revise the criteria under sub16 section (b)(2); and 

17 (3) in accordance with such criteria, as revised 

18 under paragraph (2) as applicable, update the label19 ing standards under subsection (b)(1). 

20 (d) NON-PREEMPTION.—Nothing in this section shall 

21 be construed to prevent a State from establishing, enforc22 ing, or maintaining a requirement with respect to labeling 

23 criteria for a ‘‘Reef Safe’’ designation for nonprescription 

24 sunscreen, provided that any such State law is at least 


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1 as restrictive as the requirements established under this 

2 section. 

3 (e) DEFINITIONS.—In this section— 

4 (1) the terms ‘‘active sunscreen ingredient’’, 

5 ‘‘nonprescription’’, and ‘‘sunscreen’’ have the mean6 ings given such terms in section 586 of the Federal 

7 Food, Drug, and Cosmetic Act (21 U.S.C. 360fff); 

8 (2) the terms ‘‘coral’’ and ‘‘coral reef eco9 system’’ have the meanings given such terms in sec10 tion 210 of the Coral Reef Conservation Act of 2000 

11 (16 U.S.C. 6409); 

12 (3) the term ‘‘Commissioner’’ means the Com13 missioner of Food and Drugs; and 

14 (4) the term ‘‘Secretary’’, unless specified oth15 erwise, means the Secretary of Health and Human 

16 Services. 

Æ 


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