‘‘(C) The physical and chemical properties. 
‘‘(D) The Chemical Abstracts Services Registry 
number of any such ingredient. 
‘‘(E) Environmental exposure and fate informa-
tion. 
‘‘(F) Heavy metal testing results. 
‘‘(G) Safety data sheets. 
‘‘(H) Manufacturing flow charts. 
‘‘(I) Composition statement. 
‘‘(J) Fragrance allergen statement. 
‘‘(K) 
International 
Fragrance 
Association 
(IFRA) standards conformity certificate. 
‘‘(L) Any other information used to substan-
tiate the safety of such ingredient. 
‘‘(2) A full and complete listing of ingredients 
in fragrance or flavor formulations, preservative sys-
tems, or other ingredient formulations, including the 
presence of any allergens. 
‘‘(3) A full and complete listing of ingredients 
in a finished cosmetic presented in descending order 
of predominance by weight, except that ingredients 
present in amounts of 1 percent or less by weight 
can be placed in any order at the end of the ingre-
dient statement. 
‘‘(4) A certificate of analysis for the ingredient. 
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‘‘SEC. 623. PROCESS FOR ESTABLISHING AN FDA LIST OF 
NONFUNCTIONAL CONSTITUENTS KNOWN OR 
REASONABLY EXPECTED TO BE PRESENT IN 
COSMETICS AND INGREDIENTS. 
‘‘(a) IN GENERAL.—The Secretary shall create and 
maintain a list of nonfunctional constituents to guide test-
ing under this subchapter conducted by suppliers of cos-
metics and ingredients. 
‘‘(b) CONTENTS.—The list under subsection (a) shall 
consist of nonfunctional constituents that are— 
‘‘(1) known or reasonably expected to be 
present in cosmetics or ingredients; and 
‘‘(2) subject to subsection (e)(2), harmful to 
human health or the environment. 
‘‘(c) IDENTIFICATION OF INGREDIENTS AND COS-
METICS.—For each nonfunctional constituent on the list 
under subsection (a), the Secretary shall identify the spe-
cific ingredient or cosmetic, or category of ingredients or 
cosmetics, in which the nonfunctional constituent is known 
or reasonably expected to be present. 
‘‘(d) INITIAL LIST.— 
‘‘(1) IN GENERAL.—In creating the initial list 
under subsection (a), the Secretary shall— 
‘‘(A) publish a proposed list and provide 
an opportunity for public comment on such pro-
posed list for a period of 60 days; and 
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‘‘(B) not later than 18 months after the 
date of enactment of the Cosmetic Supply 
Chain Transparency Act of 2023, finalize and 
publish the list. 
‘‘(2) ADVISORY COMMITTEE.— 
‘‘(A) IN
GENERAL.—Not later than 9 
months after the date of enactment of the Cos-
metic Supply Chain Transparency Act of 2023, 
the Secretary shall convene an advisory com-
mittee to advise the Secretary on— 
‘‘(i) creating the initial list under sub-
section (a); and 
‘‘(ii) best practices related to analyt-
ical testing for nonfunctional constituents 
in cosmetics and ingredients. 
‘‘(B) MEMBERSHIP.—The membership of 
the advisory committee convened under sub-
paragraph (A) shall consist of an equal number 
of— 
‘‘(i) representatives from industry; 
‘‘(ii) representatives from the non-
profit community; 
‘‘(iii) representatives from the sci-
entific community; and 
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‘‘(iv) representatives from the medical 
and public health community. 
‘‘(C) TERMINATION.—The Secretary shall 
terminate the advisory committee convened 
under this paragraph upon the finalization of 
the initial list pursuant to paragraph (1). 
‘‘(e) UPDATES.—Not less than annually after the fi-
nalization pursuant to subsection (d) of the initial list 
under subsection (a), and not less than annually there-
after, the Secretary shall— 
‘‘(1) review the list under subsection (a); 
‘‘(2) after providing a period of at least 30 days 
for public comment, update the list by adding non-
functional constituents that are known or reasonably 
expected to be present in a cosmetic or ingredient as 
specified in subsection (b)(1) and— 
‘‘(A) are determined by the Secretary to 
meet 
the 
standard 
specified 
in 
section 
621(4)(A) based on existing and emerging 
science; or 
‘‘(B) have been added to one of the lists in 
section 621(4)(B); and 
‘‘(3) update the list by adding any nonfunc-
tional constituent whose addition was approved pur-
suant to a petition under subsection (f). 
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‘‘(f) PETITION PROCESS
FOR ADDING NONFUNC-
TIONAL CONSTITUENTS OR NEW LISTS.— 
‘‘(1) IN GENERAL.—Any person may petition, 
in accordance with paragraph (3), to add— 
‘‘(A) a nonfunctional constituent to the list 
under subsection (a); or 
‘‘(B) a new list to the lists specified in sec-
tion 621(4)(B). 
‘‘(2) DEVELOPMENT
OF
PROCESS.—The Sec-
retary— 
‘‘(A) not later than 24 months after the 
date of enactment of the Cosmetic Supply 
Chain Transparency Act of 2023, shall develop 
and publish the process for submitting a peti-
tion under this subsection; and 
‘‘(B) may periodically review and update 
such process. 
‘‘(3) REQUIREMENTS FOR PROCESS.—The proc-
ess developed and updated by the Secretary under 
paragraph (2) shall be consistent with the following: 
‘‘(A) Such process shall specify the nec-
essary scientific justification that must be in-
cluded in a petition. 
‘‘(B) The Secretary shall— 
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‘‘(i) provide a 30-day period for public 
comment on a petition; and 
‘‘(ii) not later than 90 days after the 
close of such public comment period, ap-
prove or deny the petition. 
‘‘(C) If the Secretary approves a petition, 
the Secretary shall provide notice in the Federal 
Register of each addition made pursuant to 
such approval. 
‘‘(D) In denying a petition, the Secretary 
shall provide a written justification to the peti-
tioner for the denial. 
‘‘(g) GUIDANCE.—The Secretary— 
‘‘(1) shall, concurrently with the publication of 
the initial list under subsection (a), and upon adding 
any nonfunctional constituent pursuant to subsection 
(e) or (f) to the list under subsection (a), issue guid-
ance for industry on best practices related to— 
‘‘(A) analytical testing for nonfunctional 
constituents in cosmetics and ingredients; and 
‘‘(B) detection limits; and 
‘‘(2) may periodically review and update such 
guidance. 
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‘‘SEC. 624. TREATMENT OF NONFUNCTIONAL CONSTITU-
ENTS. 
‘‘A supplier of an ingredient or cosmetic shall— 
‘‘(1) not later than 1 year after a nonfunctional 
constituent is added to the list under section 623(a) 
pursuant to subsection (d), (e), or (f) of section 623, 
conduct testing for such nonfunctional constituent; 
and 
‘‘(2) prior to the sale of the ingredient or cos-
metic to the brand owner, provide the brand owner 
a certificate of analysis that includes— 
‘‘(A) the levels of each such nonfunctional 
constituent present; 
‘‘(B) any analytical test used; 
‘‘(C) the detection limits of any analytical 
test used to detect each such nonfunctional con-
stituent; and 
‘‘(D) heavy metal testing results. 
‘‘SEC. 625. NOTIFICATION, NONDISTRIBUTION, AND RECALL 
OF ADULTERATED OR MISBRANDED COS-
METICS. 
‘‘(a) SUPPLY CHAIN INFORMATION.—In the case of 
a cosmetic that the Secretary has reason to believe is adul-
terated, misbranded, or otherwise in violation of this Act, 
the Secretary shall request that the brand owner named 
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on the label of such cosmetic submit to the Secretary all 
of the following information: 
‘‘(1) The name and place of business of the 
manufacturer of the cosmetic and any supplier of an 
ingredient or raw material used in the manufacture 
of the cosmetic. 
‘‘(2) The name and place of business of any en-
tity (including any retailer) to which the brand 
owner provided the cosmetic. 
‘‘(b) COLLECTION OF ADDITIONAL SUPPLY CHAIN 
INFORMATION.—In the case of a cosmetic that the Sec-
retary has reason to believe is adulterated, misbranded, 
or otherwise in violation of this Act, to the extent nec-
essary to protect the safety of the public, the Secretary 
may request that any entity in the supply chain of such 
cosmetic submit to the Secretary information that is simi-
lar to the information described in paragraphs (1) and (2) 
of subsection (a). 
‘‘(c) MAINTENANCE OF RECORDS.—Any entity in the 
supply chain of a cosmetic (including the brand owner 
named on the label of a cosmetic) shall— 
‘‘(1) maintain records sufficient to provide the 
information described in paragraphs (1) and (2) of 
subsection (a); and 
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‘‘(2) provide such information to the Secretary 
upon the request of the Secretary. 
‘‘SEC. 626. CIVIL PENALTIES. 
‘‘Any person that violates section 622, 624, or 625 
shall be liable to the United States for a civil penalty in 
an amount up to $10,000 for each day on which such vio-
lation continues.’’. 
Æ 
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