I 
117TH CONGRESS 
1ST SESSION H. R. 5538 
To amend title VI of the Federal Food, Drug, and Cosmetic Act to provide 
for greater transparency with respect to fragrance and flavor ingredients 
in cosmetics, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2021 
Ms. SCHAKOWSKY (for herself and Ms. MATSUI) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend title VI of the Federal Food, Drug, and Cosmetic 
Act to provide for greater transparency with respect to 
fragrance and flavor ingredients in cosmetics, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cosmetic Fragrance 
and Flavor Ingredient Right to Know Act of 2021’’. 
SEC. 2. COSMETIC REGULATION. 
Chapter VI of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 361 et seq.) is amended— 
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(1) by inserting before section 601 the fol-
lowing: 
‘‘Subchapter A—Adulterated and Misbranded 
Cosmetics’’; 
(2) in section 602, by adding at the end the fol-
lowing: 
‘‘(g) If the ingredient information required to be dis-
closed pursuant to section 611 is not disclosed in accord-
ance with such section. 
‘‘(h) If it contains ingredients specified in a list in-
cluded in section 612 and its packaging or labeling fails 
to include any such ingredient.’’; and 
(3) by adding at the end the following: 
‘‘Subchapter B—Fragrances and Flavors 
‘‘SEC. 611. WEBSITE LABELING OF FRAGRANCE AND FLA-
VOR INGREDIENTS. 
‘‘(a) IN GENERAL.—Effective beginning on the date 
that is one year after the date of the enactment of the 
Cosmetic Fragrance and Flavor Ingredient Right to Know 
Act of 2021, a brand owner shall disclose in an electroni-
cally readable format on the website of the brand owner, 
and make available to any relevant internet vendor, with 
respect to each cosmetic sold or offered for sale in inter-
state commerce by such brand owner, the following infor-
mation: 
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‘‘(1) any fragrance or flavor ingredient present 
in such cosmetic at a concentration that equals or 
exceeds .01 percent; 
‘‘(2) any fragrance or flavor ingredient present 
in such cosmetic included on a list specified in sec-
tion 612(b); 
‘‘(3) any fragrance allergen in such cosmetic if 
the fragrance allergen meets the criteria specified in 
section 612(c); 
‘‘(4) the functional purpose served by each such 
fragrance or flavor ingredient; 
‘‘(5) a link to the URL of the list referred to 
in paragraph (2) on which the fragrance or flavor 
ingredient present in such cosmetic appears (includ-
ing a cosmetic intended for retail consumer sale or 
professional use); and 
‘‘(6) a link to the hazard communication safety 
data sheet for any such cosmetic intended for profes-
sional use. 
‘‘(b) UPDATES.—In the case of an update to any of 
the lists specified in subsection (b) or (c) of section 612 
with respect to a cosmetic sold or offered for sale in inter-
state commerce by a brand owner, the brand owner shall 
revise the disclosure made under subsection (a) to reflect 
such update not later than seven months after the date 
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on which such update is formally noticed by the authori-
tative body who administers the list. 
‘‘SEC. 612. COSMETIC INGREDIENT LABEL DISCLOSURE. 
‘‘(a) IN GENERAL.—Effective beginning on the date 
that is 2 years after the date of the enactment of the Cos-
metic Fragrance and Flavor Ingredient Right to Know Act 
of 2021, for purposes of section 602(h), in the case of 
a cosmetic in which any of the ingredients specified in sub-
section (b) or fragrance allergens specified in subsection 
(c) is present, the packaging or labeling of such cosmetic 
shall— 
‘‘(1) list each such ingredient; and 
‘‘(2) not later than 18 months after the date on 
which an update to any of the lists referred to in 
subsection (b) or (c) with respect to an ingredient or 
allergen present in such cosmetic are formally no-
ticed by the authoritative body who administers the 
list, include any necessary revisions with respect to 
such ingredient or fragrance allergen to reflect such 
update. 
‘‘(b) INGREDIENTS
SPECIFIED.—The ingredients 
specified in this subsection are the following chemicals (in-
cluding chemicals included in any list specified in this sub-
section after the date of the enactment of this subchapter): 
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‘‘(1) Chemicals for which a reference dose or 
reference concentration has been developed based on 
neurotoxicity in the Environmental Protection Agen-
cy’s Integrated Risk Information System. 
‘‘(2) Chemicals that are identified as carcino-
genic to humans, likely to be carcinogenic to hu-
mans, or as group A, B1, or B2 carcinogens, in the 
Environmental Protection Agency’s Integrated Risk 
Information System. 
‘‘(3) Persistent, bioaccumulative, and toxic Pri-
ority Chemicals identified by the Environmental Pro-
tection Agency’s National Waste Minimization Pro-
gram as of February 22, 2016. 
‘‘(4) Chemicals that are identified in volumes 1 
through 4 of the Reports on Human Exposure to 
Environmental Chemicals issued by the Centers for 
Disease Control and Prevention (and any updates to 
such reports). 
‘‘(5) Toxic pollutants listed under section 20 
307(a)(1) of the Federal Water Pollution Control 
Act and priority pollutants identified in appendix A 
to part 423 of title 40, Code of Federal Regulations 
(or successor regulations). 
‘‘(6) Chemicals classified as ‘Persistent, Bio-
accumulative and Toxic’ by the Toxics Release In-
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ventory published by the Environmental Protection 
Agency pursuant to section 313 of the Emergency 
Planning and Community Right-to-Know Act of 
1986. 
‘‘(7) Chemicals that are identified in the Agen-
cy for Toxic Substances and Disease Registry’s 
Toxic Substances Portal. 
‘‘(8) Chemicals that are hazardous substances, 
as such term is defined in section 101(14) of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980. 
‘‘(9) Reproductive and developmental toxicants 
identified by monographs issued by the National 
Toxicology Program Center for the Evaluation of 
Risks to Human Reproduction. 
‘‘(10) Chemicals that are identified as known to 
be, or reasonably anticipated to be human carcino-
gens by the most recent Report on Carcinogens pre-
pared by the National Toxicology Program pursuant 
to section 301(b)(4) of the Public Health Service 
Act. 
‘‘(11) Chemicals identified as persistent, bio-
accumulative, and toxic (PBT) chemicals by the De-
partment of Ecology of the State of Washington 
(WAC 173–333 (2006)). 
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‘‘(12) Chemicals specified in 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 Carcinogens. 
‘‘(13) Chemicals for which primary maximum 
contaminant levels have been established and adopt-
ed under sections 64431, 64444, or 64444.5 of divi-
sion 22 of title 26 of the California Code of Regula-
tions and chemicals for which notification levels, as 
defined in section 116455 of the California Health 
and Safety Code, have been established by the Cali-
fornia State Water Resources Control Board. 
‘‘(14) Chemicals identified as toxic air contami-
nants under section 93000 or 93001 of title 17 of 
the California Code of Regulations. 
‘‘(15) Substances classified as carcinogens, 
mutagens or reproductive toxicants in Appendices 1 
through 6 of Annex XVII to Regulation (EC) No. 
1907/2006 of the European Union’s Registration, 
Evaluation, Authorisation and Restriction of Chemi-
cals (REACH) law, as revised by the Commission 
Regulation (EU) 2020/2096 of 15 December 2020. 
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