[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 925 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 925

   To direct the Secretary of Health and Human Services to study the 
presence of contaminants and impurities in cosmetics and personal care 
               products marketed to and used by children.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2009

    Mrs. Gillibrand (for herself, Mrs. Feinstein, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Health and Human Services to study the 
presence of contaminants and impurities in cosmetics and personal care 
               products marketed to and used by children.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Baby Products Act of 2009''.

SEC. 2. TESTING AND REPORT BY THE FOOD AND DRUG ADMINISTRATION 
              REGARDING IMPURITIES AND CONTAMINANTS IN PRODUCTS 
              MARKETED TO OR USED BY CHILDREN.

    (a) Definitions.--In this Act--
            (1) the term ``cosmetic'' has the meaning given that term 
        in section 201(i) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 321(i)); and
            (2) the term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (b) Product Testing.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, acting through the Commissioner 
of Food and Drugs, shall conduct and complete product testing of a full 
range of cosmetics, personal care products (including baby shampoo, 
baby bath, lipstick, nail polish, lotion, cream, sunscreen, liquid 
soap, and baby wipes), and other products deemed appropriate by the 
Secretary, that--
            (1) are marketed to or used by children aged 7 years and 
        younger; and
            (2) are likely contaminated with impurities or 
        contaminants, including 1,4-dioxane, nitrosamines, polycyclic 
        aromatic hydrocarbons (commonly referred to as ``PAHs''), 
        acrylamide, ethylene oxide, dioxin, 1,3-butadiene, 
        formaldehyde, lead, and hydroquinone.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, acting through the Commissioner of Food and 
Drugs, shall--
            (1) submit to Congress a report that describes the results 
        of the product testing conducted under subsection (b); and
            (2) make such report available to the public.
    (d) Good Manufacturing Practices Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commissioner of Food and Drugs, shall by regulation establish 
        good manufacturing practices for the cosmetics industry for 
        each impurity or contaminant (as described in subsection (b)) 
        regarding which contaminants or impurities may be reduced or 
        eliminated in cosmetics and personal care products (as 
        described in such subsection) by switching to alternate 
        ingredients or which manufacturing processes or practices may 
        reduce or eliminate impurities from raw materials.
            (2) Enforcement.--If the manufacture of a cosmetic is not 
        in compliance with the good manufacturing practices regulations 
        promulgated under paragraph (1), such cosmetic shall be deemed 
        adulterated under section 601 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 361).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
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