An Act to Enact the Safe Cosmetics Act
Maine Legislature, Session 131, LD 1908
Committee: Environment and Natural Resources
Sponsors: WARREN, DAUGHTRY, GRAMLICH, O'NEIL, PLUECKER, RANA

Legislative Document
No. 1908
H.P. 1224
House of Representatives, May 9, 2023
An Act to Enact the Safe Cosmetics Act
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative WARREN of Scarborough.
Cosponsored by Senator DAUGHTRY of Cumberland and
Representatives: GRAMLICH of Old Orchard Beach, O'NEIL of Saco, PLUECKER of 
Warren, RANA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA c. 35 is enacted to read:
CHAPTER 35
SAFE COSMETICS ACT
§3201.  Short title
This chapter may be known and cited as "the Safe Cosmetics Act."
§3202.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Cosmetic product.  "Cosmetic product" means an article for retail sale or 
professional use intended to be rubbed, poured, sprinkled, sprayed on, introduced into or 
otherwise applied to the human body for cleansing, beautifying, promoting attractiveness 
or altering the appearance.
2.  Intentionally added chemical.  "Intentionally added chemical" means a chemical 
added during the manufacture of a product or product component to provide a specific 
characteristic, appearance or quality or to perform a specific function.
3. Manufacturer.  "Manufacturer" means a person that manufactures a final consumer 
product or whose brand name is affixed to the consumer product. In the case of a consumer 
product that is imported into the United States, "manufacturer" includes the importer or 
first domestic distributor of the consumer product if the person that manufactured or 
assembled the consumer product or whose brand name is affixed to the consumer product 
does not have a presence in the United States.
4. Nonfunctional by-product. "Nonfunctional by-product" means an element or 
compound that has no functional or technical effect in the finished product and that:
A. Was intentionally added during the manufacturing process for a cosmetic product 
at any point in a product's, a raw material's or an ingredient's supply chain; or
B. Was created or formed during the manufacturing process at any point in a product's, 
a raw material's or an ingredient's supply chain.
"Nonfunctional by-product" includes, but is not limited to, an unreacted raw material, a 
breakdown product of an intentionally added chemical or a by-product of the 
manufacturing process.
5. Nonfunctional contaminant. "Nonfunctional contaminant" means an element or 
compound present in a cosmetic product as an unintentional consequence of manufacturing 
that has no functional or technical effect in the finished product.  "Nonfunctional 
contaminant" includes, but is not limited to, elements or compounds present in the 
environment as contaminants that were introduced into a product, a raw material or a 
product ingredient as a result of the use of an environmental medium, such as a naturally 
occurring mineral, air, soil or water, in the manufacturing process at any point in a 
product's, a raw material's or an ingredient's supply chain.
6. Practical quantification limit. "Practical quantification limit" means the lowest 
concentration of a chemical that can be reliably measured within specified limits of 
precision, accuracy, representativeness, completeness and comparability during routine 
laboratory operating conditions.
7. Restricted substance. "Restricted substance" means the following:
A. Heavy metals and heavy metal-containing compounds, including arsenic, cadmium, 
cadmium compounds, chromium, lead, lead compounds, nickel and selenium;
B. Parabens, including butylparaben, ethylparaben, isobutylparaben, isopropylparaben, 
methylparaben and propylparaben;
C. Ortho-phthalates and their esters, including dibutyl phthalate, dicyclohexyl 
phthalate, hexyl phthalate, diisobutyl phthalate, diisodecyl phthalate, diisononyl 
phthalate, diisooctyl phthalate, diethylhexyl phthalate, diethyl phthalate and benzyl 
butyl phthalate;
D. 
Formaldehyde 
and 
formaldehyde 
releasers, 
including 
formaldehyde, 
paraformaldehyde, quaternium-15, diazolidinyl urea, DMDM hydantoin, methylene 
glycol, imidazolidinyl urea and sodium hydroxymethylglycinate;
E. Benzophenones, including benzophenone, benzophenone-1, benzophenone-2, 
benzophenone-3, dihydroxybenzophenone, resbenzophenone and oxybenzone;
F. Known carcinogens, including benzene, carbon black, coal tar, ethylene oxide, 
toluene, naphthalene, metallic nickel, styrene and xylene;
G. Asbestos and asbestos-containing compounds, including talc;
H. Butylated compounds, including butylated hydroxytoluene and butylated 
hydroxyanisole;
I. 
Siloxanes, 
including 
cyclotetrasiloxane, 
cyclopentasiloxane, 
octamethylcyclotetrasiloxane and cyclosiloxanes;
J. Phenylenediamines, including m-phenylenediamine, o-phenylenediamine and 
p-phenylenediamine, triclosan, triclocarban and nonylphenol; and
K.  Nitrosamine and nitrosamine releasers, including diethanolamine and 
triethanolamine.
§3203.  Prohibition on restricted substances as intentionally added chemicals
A person may not distribute, sell or offer for sale in this State a cosmetic product 
containing a restricted substance as an intentionally added chemical in any amount, 
including as a nonfunctional by-product or a nonfunctional contaminant above the practical 
quantification limit. The practical quantification limit must be based on scientifically 
defensible, standard analytical methods. The practical quantification limit for a given 
restricted substance may be different depending on the analytical method used.
§3204.  Certificate of compliance
If the department has reason to believe that a cosmetic product contains a restricted 
substance as an intentionally added chemical and is being offered for sale in violation of 
section 3203, the department may issue a notice to the manufacturer of the cosmetic product 
to provide the department with a certificate of compliance attesting that the cosmetic 
product does not contain a restricted substance as an intentionally added chemical no later 
than the 30th day after the date of the notice.  A manufacturer that does not provide a 
certificate of compliance shall notify persons that sell that cosmetic product in this State 
that the sale of that cosmetic product is prohibited in this State and provide the department 
with a list of the names and addresses of those notified no later than the 30th day after the 
date of the notice.
§3205.  Rules
The department may adopt rules to implement this chapter. Rules adopted pursuant to 
this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
SUMMARY
This bill prohibits the distribution or sale in this State of a cosmetic product containing 
certain restricted substances as an intentionally added chemical in any amount, including 
as a nonfunctional by-product or a nonfunctional contaminant above the practical 
quantification limit.