II 111th CONGRESS 1st Session S. 925 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.

1.

Short title

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

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.