‘‘(21) Chemicals that are identified on Part A 
of the list of Chemicals for Priority Action prepared 
by the Oslo and Paris Conventions for the Protec-
tion of the Marine Environment of the North-East 
Atlantic. 
‘‘(c) FRAGRANCE ALLERGENS.—A fragrance allergen 
specified in this subsection is an allergen that is— 
‘‘(1) included in Annex III of European Union 
Cosmetics Regulation No. 1223/2009, as required to 
be disclosed pursuant to European Union Deter-
gents Regulation No. 21648/2004 (including any 
subsequent updates to those regulations); and 
‘‘(2) present in— 
‘‘(A) a rinse-off cosmetic at a concentra-
tion at or above 0.01 percent; or 
‘‘(B) a leave-on cosmetic product at a con-
centration at or above 0.001 percent. 
‘‘(d) MASTER LIST.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of the enactment of the Cosmetic Fra-
grance and Flavor Ingredient Right to Know Act of 
2021, the Secretary shall— 
‘‘(A) establish a master list of the chemi-
cals that appear on the lists specified in sub-
sections (b) and (c); 
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‘‘(B) post such master list on a publicly 
available website of the Food and Drug Admin-
istration; and 
‘‘(C) establish a voluntary electronic dis-
tribution list to which cosmetic manufacturers 
and other interested parties may subscribe to 
receive a copy of the master list and any subse-
quent updates. 
‘‘(2) UPDATES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
maintain the master list established under para-
graph (1) and make updates to such list as nec-
essary. 
‘‘(B) NOTIFICATION.—Not later than 30 
days after making an update pursuant to sub-
paragraph (A), the Secretary shall notify sub-
scribers to the electronic distribution list re-
ferred to in paragraph (1)(C) of that update. 
‘‘(C) SEMI-ANNUAL
UPDATES.—Not less 
frequently than twice per year, the Secretary 
shall publish on a publicly available website of 
the Food and Drug Administration a list of up-
dates to the master list made during the pre-
ceding 6-month period that includes summaries 
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of any chemicals added to or removed from the 
lists specified in subsections (b) and (c). 
‘‘SEC. 613. GENERAL PROVISIONS. 
‘‘(a) TREATMENT OF CONFIDENTIAL COMMERCIAL 
INFORMATION AND TRADE SECRETS.—Notwithstanding 
any other provision of law, for purposes of applying section 
552(b)(4) of title 5, United States Code, or section 1905 
of title 18, United States Code— 
‘‘(1) an ingredient required to be listed on a 
cosmetic packaging or labeling or on the website of 
a brand owner (or other entity) under this section 
shall not be treated as a trade secret; and 
‘‘(2) the concentration of any such ingredient 
shall be treated as confidential commercial informa-
tion. 
‘‘(b) DEFINITIONS.—In this subchapter: 
‘‘(1) BRAND OWNER.—The term ‘brand owner’ 
means the entity responsible for bringing a cosmetic 
to market for retail consumer sale or professional 
use. 
‘‘(2) ELECTRONICALLY READABLE FORMAT.— 
The term ‘electronically readable format’ means, 
with respect to information, that the information 
provided is— 
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‘‘(A) is machine readable by automated 
systems, including, web browsers, accessibility 
software to aid the disabled, automated scripts, 
and other software programs or applications; 
‘‘(B) is not restricted from access by 
search engines; 
‘‘(C) is not restricted from access by a re-
quirement for registration, the provision of per-
sonally identifiable information, or the use of 
CAPTCHA or similar challenge response test 
technologies, whether visual, auditory, or other-
wise; and 
‘‘(D) conforms to the most current version 
of the Web Content Accessibility Guidelines 
adopted by the Web Content Accessibility 
Guidelines Working Group of the World Wide 
Web Consortium. 
‘‘(3) FLAVOR INGREDIENT.—The term ‘flavor 
ingredient’ means, with respect to a cosmetic, any 
intentionally added substance or complex mixture of 
aroma chemicals, flavor chemicals, natural essential 
oils, and other functional ingredient or ingredients, 
including the constituent ingredients of botanicals, 
for which the purpose is to impart a flavor or taste, 
or to counteract a flavor or taste. 
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‘‘(4) FRAGRANCE INGREDIENT.—The term ‘fra-
grance ingredient’ means, with respect to a cosmetic, 
any intentionally added substance or complex mix-
ture of aroma chemicals, natural essential oils, and 
other functional ingredient or ingredients for which 
the purpose is to impart an odor or scent, or to 
counteract an odor. 
‘‘(5) 
INGREDIENT.—The 
term 
‘ingredient’ 
means a chemical in a cosmetic, including— 
‘‘(A) a chemical that has a technical or 
functional effect in the cosmetic, including the 
breakdown products of an intentionally added 
chemical that also have a functional or technical 
effect in the cosmetic; 
‘‘(B) a substance that is present by reason 
of having been added to a cosmetic during proc-
essing for the substance’s technical or func-
tional effect; 
‘‘(C) a fragrance, flavor, preservative, or 
colorant (and the components thereof); and 
‘‘(D) any individual component that the 
Secretary deems to be an ingredient for pur-
poses of this subchapter. 
‘‘(6) PROFESSIONAL
USE.—The term ‘profes-
sional use’ means— 
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