[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2546 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2546

To require the Commissioner of Food and Drugs to develop standards for 
         ``Reef Safe'' and ``Ocean Safe'' labels for sunscreen.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2021

Mr. Merkley (for himself and Mr. Rubio) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require the Commissioner of Food and Drugs to develop standards for 
         ``Reef Safe'' and ``Ocean Safe'' labels for sunscreen.

    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 ``Reef Safe Act of 2021''.

SEC. 2. LABELING CRITERIA FOR ``REEF SAFE'' AND ``OCEAN SAFE'' 
              SUNSCREEN.

    (a) In General.--As soon as practicable, but not later than 2 years 
after the date of enactment of this Act, the Secretary, acting through 
the Commissioner, shall develop labeling criteria for ``Reef Safe'' and 
``Ocean Safe'' designations for nonprescription sunscreen, in 
consultation with the Administrator of the Environmental Protection 
Agency and the Administrator of the National Oceanic and Atmospheric 
Administration.
    (b) Reef Safe Label.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commissioner, shall develop standards for use of the term 
        ``Reef Safe'' on the labeling of nonprescription sunscreen, 
        which shall conform with the requirements of section 502 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352).
            (2) Criteria and consultation.--In developing the standards 
        described in paragraph (1), the Secretary shall--
                    (A) consider the impacts of active sunscreen 
                ingredients on the mortality of, and developmental or 
                reproductive disruptions to, ecologically- or 
                economically-valuable marine species, including fish, 
                fish larvae, sea urchins, coral, crustaceans, sea 
                grasses, and macroalgae;
                    (B) consult with appropriate heads of Federal 
                agencies, including the Administrator of the 
                Environmental Protection Agency and the Administrator 
                of the National Oceanic and Atmospheric Administration, 
                with respect to studies on the impacts of active 
                sunscreen ingredients on living components of coral 
                reef ecosystems; and
                    (C) consider the findings of the National Academies 
                of Sciences, Engineering, and Medicine report titled 
                ``Environmental Impact of Currently Marketed Sunscreens 
                and Potential Human Impacts of Changes in Sunscreen 
                Usage''.
    (c) Ocean Safe Label.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commissioner, shall develop standards for use of the term 
        ``Ocean Safe'' on the labeling of nonprescription sunscreen, 
        which shall conform with the requirements of section 502 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352).
            (2) Criteria and consultation.--In developing the standards 
        described in paragraph (1), the Secretary shall--
                    (A) consider the impacts of active sunscreen 
                ingredients on the mortality of, and developmental or 
                reproductive disruptions to, ecologically- or 
                economically-valuable marine species, including fish, 
                fish larvae, sea urchins, coral, crustaceans, sea 
                grasses, and macroalgae, and ecologically- or 
                economically-valuable marine and coastal ecosystems 
                including estuaries, wetlands, tidal marshes, 
                mangroves, kelp forests, seagrass meadows, lagoons, 
                salt marshes, and intertidal zones;
                    (B) consult with appropriate heads of Federal 
                agencies, including the Administrator of the 
                Environmental Protection Agency and the Administrator 
                of the National Oceanic and Atmospheric Administration, 
                with respect to studies on the impacts of active 
                sunscreen ingredients on living components of marine 
                and coastal ecosystems; and
                    (C) consider the findings of the National Academies 
                of Sciences, Engineering, and Medicine report, titled 
                ``Environmental Impacts of Currently Marketed 
                Sunscreens and Potential Human Impact of Changes in 
                Sunscreen Usage''.
    (d) Review and Revision.--Not less frequently than once every 10 
years, the Secretary, acting through the Commissioner and in 
consultation with the Administrator of the Environmental Protection 
Agency and the Administrator of the National Oceanic and Atmospheric 
Administration, and taking into consideration scientific studies of the 
Food and Drug Administration, the Environmental Protection Agency, and 
the National Oceanic and Atmospheric Administration, shall--
            (1) review the labeling standards in effect under 
        subsections (b)(1) and (c)(1);
            (2) if appropriate, revise the criteria under subsections 
        (b)(2) and (c)(2); and
            (3) in accordance with such criteria, as revised under 
        paragraph (2) as applicable, update the labeling standards 
        under subsections (b)(1) and (c)(1).
    (e) Non-Preemption.--Nothing in this section shall be construed to 
prevent a State from establishing, enforcing, or maintaining a 
requirement with respect to labeling criteria for a ``Reef Safe'' or 
``Ocean Safe'' designation for nonprescription sunscreen, provided that 
any such State law is at least as restrictive as the requirements 
established under this section.
    (f) Rule of Construction.--Nothing in this Act shall be construed 
as prohibiting or limiting the sale of any sunscreen product.
    (g) Definitions.--In this section--
            (1) the terms ``active sunscreen ingredient'', 
        ``nonprescription'', and ``sunscreen'' have the meanings given 
        such terms in section 586 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 360fff);
            (2) the terms ``coral'' and ``coral reef ecosystem'' have 
        the meanings given such terms in section 210 of the Coral Reef 
        Conservation Act of 2000 (16 U.S.C. 6409);
            (3) the term ``Commissioner'' means the Commissioner of 
        Food and Drugs; and
            (4) the term ``Secretary'', unless specified otherwise, 
        means the Secretary of Health and Human Services.
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