An Act to Enact the Safe Cosmetics Act
Maine Legislature, Session 131, LD 1908
Committee Amendment CA_A_H781 (House)

COMMITTEE AMENDMENT " f\ " to H.P. 1224, L.D. 1908, "An Act to Enact the
Safe Cosmetics Act"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 38 MRSA c. 37 is enacted to read:
CHAPTERS?
SAFE COSMETICS ACT
83301. Short title
This chapter may be known and cited as "the Safe Cosmetics Act,"
83302. Definitions
As used in this chapter, unless the context otherwise indicates. the followine terms
have the following meanines.
1. Cosmetic_ product. "Cosmetic product" means an article for retail sale or
professional use intended to be rubbed, poured, sprinkled or sprayed on. introduced into or
otherwise applied to the human body for cleansing, beautifving, promotine attractiveness
or altering the appearance. "Cosmetic product" does not include soar). dietary supplements
or food and prescrbtion dmes aDproved by the United States Food and Drug
Administration.
2. Ingredient. "Ineredient" means a single chemical entity or mixture used as a
8 component in the manufacture of a cosmetic product. "Ineredient" does not include an
incidental ingredient as described in 21 Code of Federal Regulations. Section 701,3CD,
3. Intentionally addefLjneredient. "Intentionallv added ingredient" means an
ingredient added during the manufacture of a cosmetic product or a component of a
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " ^ " to H.P. 1224, L.D. 1908
cosmetic product to orovide a specific characteristic, appearance or quality or to perform a
specific function,
4. MEanufacturer. "Manufacturer" means a person whose name appears on the label
of a cosmetic product pursuant to the requirements of 21 Code of Federal Regulations.
Section 701,12,
§3303. Prohibition on the sale and distribution of certain cosmetic products
1. ProhibitiQn. Beginnine January 1, 2027. a person may not distribute, sell or offer
for sale in this State a cosmetic product containine any of the followine intentionally added
ingredients; lead; mercury; dibutvl phthalate; diethvlhexvl ohthalate; formaldehvde;
paraformaldehvde; ciuaternium-15; methylene elvcol; m-ohenvlenediamme;
o-phenylenediamine; triclosan; triclocarban; or nonylphenol,
2, Exclusion. The distribution. sale or offering for sale of a cosmetic product in this
State doe^^^^ the orohibition in subsection 1 if the cosmetic product contains a
technically unavoidable trace quantity of an ineredient identified in subsection 1 and that
trace quantity is present due to imuurities from a natural or synthetic ingredient used in the
manufacture of the cosmetic product. from the manufacturing process or from the storage
of the cosmetic prQducLor^uelo miRrationoftheJngredient from the packaging of the
cosmetic product into the cosmetic product.
§3304. Retailer indemnification
If a cosmetic product delivered to a retailer in the State ^^^^ is
subsequently determmed to contain an intentionally added ingredient such that the cosmetic
product is prohibited from being distributed. sold or offered for sale in this State under
section^3303, the retailer is entitled to a full refund from the manufacturer with respect to
that cosmetic product, including shipping and other related costs.
S3305. Rules
The department may adopt rules to implement this chapter. Rules adopted mu-suant to
this section are routine technical rules pursuant to Title 5. chapter 375. subchapter 2-A.
Sec. 2. Appropriations and allocations. The following appropriations and
allocations are made,
0 ENVIRONMENTAL PROTECTION, DEPARTMENT OF
IVIaine Environmental Protection Fund 0421
Initiative: Provides funding for one Environmental Specialist IDE position and one
Environmental Specialist IV position and associated costs.
GENERAL FUND 2023-24 2024-25
POSITIONS - LEGISLATIVE COUNT 0.000 2,000
Personal Services $0 $202,922
AllOther $0 $4,338
GENERAL FUND TOTAL $0 $207,260
Maine Environmental Protection Fund 0421
Initiative: Provides funding for chemical testing of cosmetics
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/^ " to H,P. 1224, L.D. 1908
GENERAL FUND 2023-24 2024-25
AllOther $0 $10,000
GENERAL FUND TOTAL $0 $10,000
ENVIRONMENTAL PROTECTION,
DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
GENERAL FUND $0 $217,260
DEPARTMENT TOTAL-ALL FUNDS $0 $217,260
Amend the bill by relettering or renumbering any tionconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill.
Beginning January 1, 2027, it prohibits the distribution, sale or offer for sale in this State
of cosmetic products containing certain intentionally added ingredients, except as a
technically unavoidable trace quantity due to impurities from a natural or synthetic
ingredient used in the manufacture of the product, from the manufacturing process, from
storage of the product or due to migration of the ingredient from the packaging of the
product into the product, The amendment also adds an appropriations and allocations
section.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 02/08/24 ^^eS-
LD 1908 LR 1601(02)
An Act to Enact the Safe Cosmetics Act
Fiscal Note for Bill as Amended by Committee Amendment 'p^
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
y (^-^
Fiscal Note
Projections Projections
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
Net Cost (Savings)
General Fund $0 $217,260 $227,406 $238,059
Appropriations/Allocations
General Fund $0 $217,260 $227,406 $238,059
Fiscal Detail and Notes
The Department ofEnvu-onmental Protection (DEP) has indicated that additional regulatory oversight will be required
to implement a prohibition on the use of certain restricted substances in cosmetics sold in the state. This bill includes
ongoing General Fund appropriations of $207,260 starting in fiscal year 2024-25 to the DEP for one Environmental
Specialist TV position, one Environmental Specialist IH position and associated position costs. The bill also includes
ongoing General Fund appropriations of $10,000 to the DEP starting in fiscal year 2024-25 for expenditures related to
the chemical testing of cosmetic products,
LR1601(02) - Fiscal Note - Page 1 of 1