I 
117TH CONGRESS 
1ST SESSION H. R. 5540 
To amend the Public Health Service Act and the Federal Food, Drug, 
and Cosmetic Act with respect to cosmetic safety, with an emphasis 
on communities of color and professional salon workers, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2021 
Ms. SCHAKOWSKY (for herself and Ms. BLUNT ROCHESTER) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Education and Labor, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Public Health Service Act and the Federal 
Food, Drug, and Cosmetic Act with respect to cosmetic 
safety, with an emphasis on communities of color and 
professional salon workers, 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 Safety for 
Communities of Color and Professional Salon Workers Act 
of 2021’’. 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Research on health disparities impacting communities of color. 
Sec. 4. Research on health concerns impacting professional nail, hair, and beau-
ty salon workers. 
Sec. 5. Support for creating safer alternatives. 
Sec. 6. Professional salon product ingredient disclosure in labeling and on 
websites. 
Sec. 7. Translation of and access to safety data sheets. 
Sec. 8. Interagency Council on Cosmetic Safety. 
Sec. 9. Inclusion of communities of color in ingredient review. 
SEC. 3. RESEARCH ON HEALTH DISPARITIES IMPACTING 
COMMUNITIES OF COLOR. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 399V–7. RESEARCH ON HEALTH DISPARITIES RE-
LATED TO COSMETICS IMPACTING COMMU-
NITIES OF COLOR. 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) conduct, or award grants for, research re-
lating to basic, epidemiological, and social scientific 
investigations into— 
‘‘(A) the chemicals that are linked to ad-
verse health effects and most commonly found 
in cosmetics marketed to women and girls of 
color, including beauty, personal hygiene, and 
intimate care products; 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
‘‘(B) the use of cosmetics containing such 
chemicals by women and girls of color across 
their lifespans; or 
‘‘(C) the specific adverse health effects ex-
perienced by women and girls of color from ex-
posure to unsafe chemicals present in cosmetics 
used by them; and 
‘‘(2) disseminate the results of the investiga-
tions conducted or supported under paragraph (1) to 
help communities identify and address potentially 
unsafe chemical exposures in the use of cosmetics. 
‘‘(b) REPORT.—Not later than 5 years after awarding 
the first grant under subsection (a), the Secretary shall 
make publicly available and submit to the Committee on 
Energy and Commerce of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the results of the inves-
tigations conducted or supported under subsection (a), in-
cluding— 
‘‘(1) summary findings on— 
‘‘(A) marketing strategies, product cat-
egories, 
and 
specific 
cosmetics 
containing 
chemicals linked to adverse health effects; and 
‘‘(B) the demographics of the populations 
marketed to and using these cosmetics; and 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
‘‘(2) recommended public health information 
strategies to reduce potentially unsafe exposures 
from cosmetics. 
‘‘(c) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there is authorized to be appro-
priated $7,500,000, for the period of fiscal years begin-
ning with the fiscal year including the date of enactment 
of this section and running through the fifth fiscal year 
commencing after such date of enactment.’’. 
SEC. 4. RESEARCH ON HEALTH CONCERNS IMPACTING 
PROFESSIONAL NAIL, HAIR, AND BEAUTY 
SALON WORKERS. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280 et seq.), as amended by section 4, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 399V–8. RESEARCH ON HEALTH CONCERNS IMPACT-
ING PROFESSIONAL NAIL, HAIR, AND BEAUTY 
SALON WORKERS. 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) conduct, or award grants for, research re-
lating to basic, epidemiological, and social scientific 
investigations into— 
‘‘(A) the chemicals that are linked to ad-
verse health effects and most commonly found 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
in cosmetics used by professional nail, hair, and 
beauty salon workers; 
‘‘(B) the types and categories of profes-
sional salon products containing such chemicals 
and the availability of safer alternatives; or 
‘‘(C) the specific adverse health effects ex-
perienced by professional nail, hair, and beauty 
salon workers from exposure to unsafe chemi-
cals present in cosmetics used in nail, hair, and 
beauty salons; and 
‘‘(2) disseminate the results of the investiga-
tions conducted or supported under paragraph (1) to 
help professional nail, hair, and beauty salon work-
ers identify and eliminate potentially unsafe chem-
ical exposures in their workplace. 
‘‘(b) REPORT.—Not later than 5 years after awarding 
the first grant under this section, the Secretary shall make 
publicly available and submit to the Committee on Energy 
and Commerce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of 
the Senate a report on the results of the investigations 
conducted or supported under subsection (a), including— 
‘‘(1) summary findings, with respect to profes-
sional nail, hair, and beauty salon workers, on— 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) chemicals of concern and products 
and product categories containing ingredients 
linked to adverse health effects; and 
‘‘(B) the demographics of the populations 
using these products and product categories; 
and 
‘‘(2) recommended occupational health informa-
tion strategies for professional nail, hair, and beauty 
salon workers to reduce potentially unsafe exposures 
to cosmetics. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘ingredient’ means an inten-
tionally 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 an ingredient for purposes of 
this section. 
‘‘(1) The term ‘salon worker’ means a cos-
metologist, nail technician, barber, or esthetician 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
who applies or administers a cosmetic within the 
scope of their business practices. 
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there is authorized to be appro-
priated $7,500,000, for the period of fiscal years begin-
ning with the fiscal year including the date of enactment 
of this section and running through the fifth fiscal year 
commencing after such date of enactment.’’. 
SEC. 5. SUPPORT FOR CREATING SAFER ALTERNATIVES. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the ‘‘Sec-
retary’’), acting through the Commissioner of Food and 
Drugs, in consultation with the Administrator of the Envi-
ronmental Protection Agency, shall award grants to sup-
port research focused on the design of cosmetic chemicals 
that have no inherent toxicity or association with adverse 
health effects. 
(b) PRIORITY.—In awarding grants under subsection 
(a), the Secretary shall give priority to applicants pro-
posing to focus on— 
(1) replacing chemicals in professional cosmetic 
products used by professional nail, hair, and beauty 
salon workers with chemicals that are not associated 
with adverse health events; 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
(2) replacing chemicals in cosmetic products 
marketed to women and girls of color, including any 
such beauty, personal hygiene, and intimate care 
products, with chemicals that are not associated with 
adverse health events; or 
(3) providing assistance in creating safer prod-
uct formulations to minority-owned cosmetic compa-
nies that are manufacturing and marketing cosmetic 
products to women or girls of color or professional 
nail, hair, and beauty salon workers. 
(c) DEFINITION.—In this section, the term ‘‘salon 
worker’’ means a cosmetologist, nail technician, barber, or 
esthetician who applies or administers a cosmetic within 
the scope of their business practices. 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$10,000,000 for the period of fiscal years beginning with 
the fiscal year including the date of enactment of this sec-
tion and running through the fifth fiscal year commencing 
after such date of enactment. 
SEC. 6. PROFESSIONAL SALON PRODUCT INGREDIENT DIS-
CLOSURE IN LABELING AND ON WEBSITES. 
(a) IN GENERAL.—Chapter VI of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is amend-
ed by adding at the end the following: 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
‘‘SEC. 604. PROFESSIONAL SALON PRODUCT INGREDIENT 
DISCLOSURE 
IN 
LABELING 
AND 
ON 
WEBSITES. 
‘‘(a) IN GENERAL.—The Secretary shall require 
that— 
‘‘(1) the label on each package of cosmetics for 
professional use bears a declaration of the name of 
each ingredient in such cosmetic in descending order 
of predominance; and 
‘‘(2) the internet website of any company man-
ufacturing, distributing, or selling cosmetics for pro-
fessional use bears a declaration of the name of each 
ingredient in each such cosmetic in descending order 
of predominance. 
‘‘(b) ADJUSTMENTS FOR LABEL SIZE.— 
‘‘(1) RULES FOR SMALL PRODUCTS.—Not later 
than 6 months after the date of the enactment of 
this section, the Secretary shall issue regulations 
that apply to any cosmetic for which the packaging 
is not of sufficient size to bear a label that meets the 
requirements of subsection (a). 
‘‘(2) REQUIREMENTS FOR DISCLOSING TO CUS-
TOMERS
AND
CLIENTS.—The regulations under 
paragraph (1) shall establish requirements for listing 
ingredients on the label of such cosmetics and addi-
tional requirements, as appropriate. 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
‘‘(c) DEFINITION.—In this section: 
‘‘(1) 
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 an ingredient for purposes of 
this section. 
‘‘(2) PROFESSIONAL
USE.—The term ‘profes-
sional use’ means— 
‘‘(A) the application of a cosmetic to a 
human customer or client that is intended only 
for use by an employee or contractor, in set-
tings such as cosmetology, nail care, barbering, 
esthetics, spa, and other professions as deter-
mined by the Secretary through regulation; or 
‘‘(B) the use by, or application to a human 
of a cosmetic purchased from a hair salon, nail 
salon, beauty salon, spa, or other establishment 
that provides cosmetic treatment services for 
humans.’’. 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
(b) MISBRANDING.—Section 602 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 362) is amend-
ed by adding at the end the following: 
‘‘(g) If it is not labeled as required under section 
604(a)(1).’’. 
(c) PROHIBITED ACT.—Section 301 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-
ed by adding at the end the following: 
‘‘(fff) The failure to post a declaration on the internet 
website of any company manufacturing, distributing, or 
selling cosmetics for professional use as required under 
section 604(a)(2).’’. 
(d) APPLICABILITY.—Sections 604, 602(g), and 
301(fff) of the Federal Food, Drug, and Cosmetic Act, 
as added by this section, shall apply beginning on a date 
that is determined by the Commissioner of Food and 
Drugs, but is not later than 18 months after the date of 
enactment of this Act. 
SEC. 7. TRANSLATION OF AND ACCESS TO SAFETY DATA 
SHEETS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Secretary of Labor 
shall issue a standard under section 6 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655) that re-
quires the following: 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
(1) Each manufacturer or importer selling any 
cosmetic for professional use shall— 
(A) obtain or develop a safety data sheet 
described in subsection (b) for each such cos-
metic or personal care product that— 
(i) the manufacturer or importer pro-
duces or imports; and 
(ii) includes a hazardous chemical, or 
a product ingredient associated with any 
chemical hazard, that is classified as a 
health hazard in accordance with the cri-
teria found in section 1910.1200(d) of title 
29 of the Code of Federal Regulations, and 
any successor regulations; and 
(B) make the safety data sheet available 
on the manufacturer or importer’s website (in 
addition to any other required manner of mak-
ing such sheet available) to distributors and 
employers, including owners of hair, nail, and 
beauty salons or spas or other establishments 
that provide cosmetic services for humans, in 
English, Spanish, Vietnamese, Chinese, Korean, 
and upon request other languages. 
(2) Each distributor of a cosmetic or personal 
care product for professional use shall distribute and 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS
provide safety data sheets described in subsection 
(b) in the same manner as a distributor of a chem-
ical hazard is required to distribute and provide 
safety data sheets under section 1910.1200(g) of 
title 29, Code of Federal Regulations, or any suc-
cessor regulations. 
(3) Each employer, including any operator of a 
salon or other establishment described in paragraph 
(1)(B), shall— 
(A) have a safety data sheet in the work-
place for each cosmetic or personal care product 
for professional use that is used in the course 
of the employer’s business; 
(B) make such safety data sheet available 
to all employees of the employer who are ex-
posed or use the product to the same extent 
and in the same manner as safety data sheets 
are required to be made available under section 
1910.1200(g) of title 29, Code of Federal Reg-
ulations, or any successor regulations; and 
(C) upon request, provide employees with 
translations of such safety data sheet in other 
languages, including Spanish, Vietnamese, Chi-
nese, Korean, and upon request other lan-
guages. 
VerDate Sep 11 2014 
23:19 Oct 13, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5540.IH
H5540
kjohnson on DSK79L0C42PROD with BILLS