An Act to Enact the Safe Cosmetics Act
Maine Legislature, Session 132, LD 0317
Sponsors: WARREN, DAUGHTRY

Legislative Document
No. 317
H.P. 217
House of Representatives, February 3, 2025
An Act to Enact the Safe Cosmetics Act
Received by the Clerk of the House on January 30, 2025.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative WARREN of Scarborough.
Cosponsored by President DAUGHTRY of Cumberland and
Representatives: ABDI of Lewiston, GRAMLICH of Old Orchard Beach, RANA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA c. 37 is enacted to read:
CHAPTER 37
SAFE COSMETICS ACT
§3301.  Short title
This chapter may be known and cited as "the Safe Cosmetics Act."
§3302.  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 or sprayed on, introduced into or 
otherwise applied to the human body for cleansing, beautifying, promoting attractiveness 
or altering the appearance.  "Cosmetic product" does not include:
A.  Soap;
B.  Dietary supplements; or
C.  Food and drugs regulated by the United States Food and Drug Administration.
2.  Ingredient.  "Ingredient" means a single chemical entity or mixture used as a 
component in the manufacture of a cosmetic product.  "Ingredient" does not include an 
incidental ingredient as described in 21 Code of Federal Regulations, Section 701.3(l).
3.  Intentionally added ingredient.  "Intentionally added ingredient" means an 
ingredient added during the manufacture of a cosmetic product or a component of a 
cosmetic product to provide a specific characteristic, appearance or quality or to perform a 
specific function.
4. Manufacturer.  "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 sale and distribution of certain cosmetic products
1.  Prohibition.  Beginning January 1, 2027, a person may not distribute, sell or offer 
for sale in this State a cosmetic product containing any of the following intentionally added 
ingredients: lead; mercury; dibutyl phthalate; diethylhexyl phthalate; formaldehyde; 
paraformaldehyde; 
quaternium-15; 
methylene 
glycol; 
m-phenylenediamine; 
o-phenylenediamine; triclosan; triclocarban; or nonylphenol.
2. Exclusion. The distribution, sale or offering for sale of a cosmetic product in this 
State does not violate the prohibition in subsection 1 if the cosmetic product contains a 
technically unavoidable trace quantity of an ingredient identified in subsection 1 and that 
trace quantity is present:
A. Due to impurities:
(1) From a natural or synthetic ingredient used in the manufacture of the cosmetic 
product;
(2) From the manufacturing process; or
(3) From the storage of the cosmetic product; or
B. Due to migration of the ingredient 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 by the manufacturer is 
subsequently determined 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.
§3305.  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 enacts the Safe Cosmetics Act, which prohibits, beginning January 1, 2027, 
the distribution, sale or offering for sale in this State of cosmetic products containing certain 
intentionally added ingredients, including, but not limited to, lead, mercury or 
formaldehyde. A person distributing, selling or offering for sale a cosmetic product does 
not violate the Act if the cosmetic product contains only a technically unavoidable trace 
quantity of a prohibited ingredient due to impurities from a natural or synthetic ingredient 
used in the manufacture of the cosmetic product, from the manufacturing process or from 
storage of the cosmetic product or due to migration of the ingredient from the packaging 
of the cosmetic product.
When a retailer purchases cosmetic products from a manufacturer and it is later 
determined that those cosmetic products contain ingredients that prohibit the retailer from 
distributing, selling or offering the product for sale pursuant to the Act, the retailer is 
entitled to a full refund from the manufacturer with respect to the product, including 
shipping and other related costs.