SEC. 2. COSMETIC REGULATION. 
Chapter VI of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 361 et seq.) is amended— 
(1) by inserting before section 601 the fol-
lowing: 
‘‘Subchapter A—Adulterated and Misbranded 
Cosmetics’’; 
and 
(2) by adding at the end the following: 
‘‘Subchapter B—Supply Chain Transparency 
‘‘SEC. 621. DEFINITIONS. 
‘‘In this subchapter: 
‘‘(1) BRAND OWNER.—The term ‘brand owner’ 
means the entity responsible for bringing a cosmetic 
to market. 
‘‘(2) FLAVOR OR FRAGRANCE COMPANY.—The 
term ‘flavor or fragrance company’ means an entity 
that makes or supplies fragrance or flavor ingredi-
ents or fragrance or flavor formulations. 
‘‘(3) FORMULATING
LABORATORY.—The term 
‘formulating laboratory’ means an entity that sup-
plies a finished cosmetic product to a retailer or cos-
metic company to sell under the retailer or cosmetic 
company’s brand name. 
‘‘(4) HARMFUL TO HUMAN HEALTH OR THE 
ENVIRONMENT.—The phrase ‘harmful to human 
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health or the environment’ means, with respect to a 
nonfunctional constituent— 
‘‘(A) being— 
‘‘(i) a reproductive or developmental 
toxicant; 
‘‘(ii) persistent, bioaccumulative, and 
toxic; 
‘‘(iii) an allergen; or 
‘‘(iv) an endocrine disruptor, car-
cinogen, or mutagen; and 
‘‘(B) present on the most recent version in 
effect of any of the following lists: 
‘‘(i) Chapter 6.6 of the California 
Safe Drinking Water and Toxic Enforce-
ment Act of 1986 (sections 25249.5 
through 25249.14 of the California Health 
and Safety Code), List of Reproductive 
and Developmental Toxicants and Carcino-
gens. 
‘‘(ii) Chemicals classified as ‘Per-
sistent, Bioaccumulative and Toxic’ by the 
Toxics Release Inventory published by the 
Environmental Protection Agency pursuant 
to section 313 of the Emergency Planning 
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and Community Right-to-Know Act of 
1986. 
‘‘(iii) European Union Regulation 
1223/2009/EC on Cosmetic Products, as 
amended by Regulation (EU) 2020/1683, 
Annex II–Prohibited Substances. 
‘‘(iv) Annex III of European Union 
Cosmetics Regulation No. 1223/2009, as 
required to be disclosed pursuant to Euro-
pean Union Detergents Regulation No. 
21648/2004. 
‘‘(v) Chemicals included in the Euro-
pean Union Candidate List of Substances 
of Very High Concern in accordance with 
Article 59 of the REACH Regulation (EC) 
No. 1907/2006 on the basis of fulfilling 
the criteria defined in Article 57(f) for en-
docrine-disrupting properties. 
‘‘(vi) Substances classified as carcino-
gens, mutagens, or reproductive toxicants 
in Appendices 1–6 of Annex XVII to Regu-
lation (EC) No. 1907/2006 of the Euro-
pean Union’s Registration, Evaluation, 
Authorisation, and Restriction of Chemi-
cals (REACH) law, as revised by the Com-
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mission Regulation (EU) 2020/2096 of 
December 15, 2020. 
‘‘(vii) Group 1, 2A, or 2B carcinogens 
identified by the International Agency for 
Research on Cancer of the World Health 
Organization. 
‘‘(viii) Any other list the Secretary de-
termines appropriate for purposes of this 
subchapter. 
‘‘(5) 
INGREDIENT.—The 
term 
‘ingredient’ 
means an intentionally added chemical in a cosmetic 
that has a technical or functional effect, including— 
‘‘(A) the breakdown products of an inten-
tionally added chemical that also have a func-
tional or technical effect in the cosmetic; 
‘‘(B) a fragrance, flavor, preservative, or 
colorant (and the components thereof); and 
‘‘(C) any individual component that the 
Secretary deems to be an ingredient for pur-
poses of this subchapter. 
‘‘(6) INCIDENTAL COMPONENT.—The term ‘in-
cidental component’ means— 
‘‘(A) a chemical added during the manu-
facturing process at any point in a cosmetic’s, 
or an ingredient’s, supply chain, but which has 
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no functional or technical effect in the finished 
cosmetic; or 
‘‘(B) a chemical present in the environ-
ment which was introduced into a cosmetic, or 
into an ingredient, at any point in the supply 
chain for the cosmetic or ingredient. 
‘‘(7) MANUFACTURER.—The term ‘manufac-
turer’ means any entity that— 
‘‘(A) produces an ingredient; or 
‘‘(B) combines one or more ingredients to 
produce a cosmetic. 
‘‘(8) 
NONFUNCTIONAL
CONSTITUENT.—The 
term ‘nonfunctional constituent’ means a chemical 
that has no functional or technical effect on the 
product or ingredient and is present— 
‘‘(A) as an incidental component of an in-
tentionally added ingredient; 
‘‘(B) as a breakdown product of an inten-
tionally added ingredient; 
‘‘(C) as a byproduct of the manufacturing 
process; 
‘‘(D) due to storage of primary substances; 
or 
‘‘(E) due to instability of the packaging. 
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‘‘(9) RAW MATERIAL.—The term ‘raw material’ 
means a substance or mixture of substances that— 
‘‘(A) is used in the manufacture of a cos-
metic for commercial distribution; and 
‘‘(B) is supplied to a cosmetic manufac-
turer, packer, or distributor by a cosmetic raw 
material manufacturer or supplier. 
‘‘(10) SUPPLIER.—The term ‘supplier’— 
‘‘(A) means an entity that supplies a cos-
metic, cosmetic packaging, or an ingredient or 
raw material of a cosmetic or cosmetic pack-
aging; and 
‘‘(B) includes any such entity that is a 
manufacturer, a formulating laboratory, or a 
fragrance or flavor company. 
‘‘SEC. 622. COSMETIC AND INGREDIENT SAFETY INFORMA-
TION. 
‘‘At the request of a brand owner of a cosmetic, a 
supplier of the cosmetic or any ingredient therein shall, 
not later than 90 days after receipt of such request, pro-
vide to the brand owner, with respect to the cosmetic or 
ingredient, any of the following information: 
‘‘(1)(A) Functions and uses. 
‘‘(B) The human health and environmental haz-
ards. 
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