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ENROLLED
ACT No. 5732026 Regular Session
HOUSE BILL NO. 930
BY REPRESENTATIVE COATES
1 AN ACT
2 To amend and reenact R.S. 40:627(A) and to enact R.S. 40:624.1 and 628(E), relative to
3 cosmetic products; to create an exception to regulation for cottage cosmetic facilities;
4 to provide for a gross wholesale sales limit; to provide for the removal of the
5 registration requirement of cosmetic products; to create an exception to certain fees;
6 to provide for an effective date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:627(A) is hereby amended and reenacted and R.S. 40:624.1 and
9 628(E) are hereby enacted to read as follows:
10 §624.1. Cottage cosmetic facilities
11 A.(1) A cottage cosmetic facility shall not be required to obtain a permit in
12 accordance with R.S. 40:628.
13 (2) A cottage cosmetic facility shall not be subject to any fees or charges
14 imposed pursuant to R.S. 40:628.
15 (3) A cottage cosmetic facility shall not be subject to routine or periodic
16 inspection by the department.
17 (4) A cottage cosmetic facility shall register and collect any local sales and
18 use taxes that are applicable to the sale of cosmetics as evidenced by a current sales
19 tax certificate issued to the seller by the sales and use tax collector for the parish in
20 which the sales occur.
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HB NO. 930 ENROLLED
1 B. A cottage cosmetic facility is an entity that satisfies all of the following:
2 (1) Manufactures, packs, or holds cosmetic products for distribution.
3 (2) Is located in a private residence within this state.
4 (3) Has a total annual wholesale sales of cosmetic products not exceeding
5 one hundred thousand dollars per calendar year.
6 C. A cottage cosmetic facility may not be eligible for the exception provided
7 for in this Section if it does any of the following:
8 (1) Manufacture any of the following products:
9 (a) A cosmetic product that regularly comes into contact with the mucus
10 membrane of the eye under conditions that are customary or usual.
11 (b) Cosmetic products that are injected.
12 (c) Cosmetic products that are intended for internal use.
13 (d) Cosmetic products that are intended to alter appearance for more than
14 twenty-four hours under conditions that are customary or usual and removal by the
15 consumer is not part of such conditions of use that are customary and usual.
16 (2) Manufacture any product that makes claims to diagnose, cure, mitigate,
17 treat, or prevent disease, or that affects the structure or function of the human body
18 with meaning provided by federal law.
19 D. Nothing in this Section shall be construed to exempt any cottage cosmetic
20 facility or responsible person from compliance with the Federal Food, Drug, and
21 Cosmetic Act, including the Modernization of Cosmetics Regulation Act of 2022,
22 and any regulations promulgated thereafter.
23 E. Facilities that sell cosmetic products directly to consumers shall be
24 regulated in accordance with the Federal Food, Drug, and Cosmetic Act, including
25 the Modernization of Cosmetic Regulation Act of 2022, and are not subject to the
26 facility permitting and inspection requirements of this Chapter. Nothing in this
27 Section shall be construed to exempt a person from applicable state and local sales
28 and use tax laws, including registration requirements.
29 * * *
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HB NO. 930 ENROLLED
1 §627. Registration of certain products
2 A. Except as provided in Subsection E of this Section, the department may
3 require all manufacturers, packers, or proprietors of processed foods, proprietary or
4 patent medicines, and prophylactic devices, and cosmetics, in package form, to
5 register each separate and distinct product annually with the department and to
6 supply it with a sample of each such product upon request.
7 * * *
8 §628. Examination and investigation fee; food and drug control fees
9 * * *
10 E. The provisions of this Section do not apply to a cottage cosmetic facility
11 as defined in R.S. 40:624.1.
12 Section 2. This Act shall become effective upon signature by the governor or, if not
13 signed by the governor, upon expiration of the time for bills to become law without signature
14 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
15 vetoed by the governor and subsequently approved by the legislature, this Act shall become
16 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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