‘‘(ii) publicly declares the reasons for 
such finding. 
‘‘(4) RESPONSE
TO
INADEQUATE
INFORMA-
TION.—Not later than 18 months after the date that 
the Secretary issues guidance under paragraph 
(3)(C) with respect to an ingredient subject to a de-
termination under paragraph (3)(B), a brand owner 
using such ingredient in a cosmetic shall— 
‘‘(A) reformulate such cosmetic to elimi-
nate the use of the ingredient; or 
‘‘(B) provide the Secretary with the data 
and information specified in such guidance. 
‘‘(5) EVALUATION OF ADDITIONAL DATA AND 
INFORMATION.—With respect to an ingredient, not 
later than 6 months after the Secretary receives the 
data and information under paragraph (4)(B) the 
Secretary shall review such data and information 
and shall make a redetermination under paragraph 
(3)(B) for such ingredient, subject to the comment 
period under paragraph (3)(D). 
‘‘(6) LIMITATION.—If the Secretary has not 
placed an ingredient on either of the lists under sub-
section (b) and subsection (c) by the end of the 5- 
year period beginning on the date that such ingre-
dient is first placed on the list under subsection (d), 
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beginning on the first day after such period such in-
gredient may not be— 
‘‘(A) used in a cosmetic; and 
‘‘(B) manufactured, imported, distributed, 
or marketed for use in cosmetics. 
‘‘SEC. 617. TREATMENT OF COSMETICS BASED ON INGRE-
DIENT LISTS. 
‘‘(a) IN GENERAL.—Subject to subsections (b)(5) 
and (d)(4) of section 616, a brand owner may only dis-
tribute in interstate commerce a cosmetic that meets the 
safety standard under section 614(a). 
‘‘(b) PRESUMPTION RELATED TO THE SAFETY OF 
COSMETICS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
for purposes of subsection (a), the Secretary shall 
presume that the following cosmetics meet the safety 
standard under section 614(a): 
‘‘(A) A cosmetic that is made solely of in-
gredients on the list under section 616(c)(1) 
(relating to ingredients that are safe without 
limits). 
‘‘(B) A cosmetic that is made solely of in-
gredients on the list under section 616(b)(1)(B) 
(relating to ingredients subject to restrictions) 
and the use of each of such ingredients in such 
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cosmetic is in compliance with the restrictions 
on the use of such ingredients specified under 
section 616(b)(3). 
‘‘(C) A cosmetic that is made solely of in-
gredients described under subparagraph (A) 
and subparagraph (B). 
‘‘(2) EXCEPTIONS.—The Secretary may require 
that a brand owner demonstrate that a cosmetic 
meets the safety standard under section 614(a) (in-
cluding by requiring that the brand owner conduct 
safety testing, or request such safety testing from 
relevant suppliers and manufacturers, of a cosmetic 
described under paragraph (1)) if the cosmetic— 
‘‘(A) contains penetration enhancers, sensi-
tizers, estrogenic chemicals, or other similar in-
gredients; 
‘‘(B) contains ingredients that react with 
each other or with other substances to form 
harmful byproducts; or 
‘‘(C) the Secretary has any additional rea-
son to believe that such cosmetic does not meet 
the safety standard under section 614(a). 
‘‘(3) GUIDANCE.—If, under paragraph (2), the 
Secretary requires that a brand owner demonstrate 
that a cosmetic meets the safety standard under sec-
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tion 614(a), the Secretary shall provide the brand 
owner with guidance on the data and information 
that the Secretary requires to evaluate whether the 
cosmetic meets the safety standard under such sec-
tion. 
‘‘(c) NOTIFICATION OF FAILURE OF SECRETARY TO 
ACT.—If the Secretary fails to act by an applicable dead-
line under section 616 or this section, brand owners and 
manufacturers of an ingredient or a cosmetic affected by 
such failure of the Secretary to act shall issue to the Sec-
retary, the public, and each known customer of the ingre-
dient or cosmetic, a written notice that a determination 
by the Secretary of the safety of the ingredient for use 
in cosmetics is pending. 
‘‘SEC. 618. TREATMENT OF CONTAMINANTS. 
‘‘(a) PUBLICATION OF LIST.—Not later than 1 year 
after the date of the enactment of this subchapter, and 
annually thereafter, the Secretary shall publish a list of 
contaminants of concern linked to severe acute reactions 
or long-term adverse health effects, including— 
‘‘(1) ingredients used in cosmetics that may 
contain contaminants of concern; 
‘‘(2) combinations of ingredients that may cre-
ate contaminants of concern when such ingredients 
interact; 
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‘‘(3) contaminants of concern that may leech 
from product packaging into a cosmetic; and 
‘‘(4) any other contaminant of concern identi-
fied by the Secretary that are present in cosmetics. 
‘‘(b) EVALUATION; LABELING.—The Secretary shall 
use the process described in sections 615 and 616 to evalu-
ate contaminants of concern for possible elimination or re-
striction in cosmetics. The Secretary shall require that a 
contaminant on the list under subsection (a) be declared 
on the label of a cosmetic, in the same manner as an ingre-
dient under section 613. 
‘‘(c) REQUIREMENTS FOR TESTING.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subchapter, the Sec-
retary shall establish, by rule, requirements for test-
ing ingredients and cosmetics for contaminants list-
ed under subsection (a). 
‘‘(2) 
CONTENTS.—The 
requirements 
under 
paragraph (1) shall include— 
‘‘(A) testing methods and applicable proto-
cols; and 
‘‘(B) maximum allowable detection limits 
for each contaminant in an ingredient or cos-
metic. 
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‘‘(3) UPDATE.—The Secretary shall annually 
update the requirements under paragraph (1). 
‘‘(d) SUPPLIER REQUIREMENTS.—Not later than 1 
year after the promulgation of the rule under subsection 
(b)(1), a supplier of an ingredient that is used in a cos-
metic shall, with respect to such ingredient— 
‘‘(1) comply with the requirements under sub-
section (b)(1) for any ingredient listed under sub-
section (a); 
‘‘(2) conduct similar testing on any ingredient 
that— 
‘‘(A) the supplier expects may be used in 
a cosmetic; 
‘‘(B) the supplier suspects may contain a 
contaminant of concern; and 
‘‘(C) is not listed under subsection (a); and 
‘‘(3) upon the sale of an ingredient to the man-
ufacturer, provide to the manufacturer specifications 
for the ingredient that— 
‘‘(A) include the levels of contaminants 
present in such ingredient; and 
‘‘(B) are based on the results of the tests 
under paragraph (1) and paragraph (2). 
‘‘(e) BRAND OWNER REQUIREMENTS.—Not later 
than 1 year after the promulgation of the rule under sub-
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