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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
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.
Page 1 - 132LR1786(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 38 MRSA c. 37 is enacted to read:
3CHAPTER 37
4SAFE COSMETICS ACT
5§3301. Short title
6 This chapter may be known and cited as "the Safe Cosmetics Act."
7§3302. Definitions
8 As used in this chapter, unless the context otherwise indicates, the following terms
9 have the following meanings.
101. Cosmetic product. "Cosmetic product" means an article for retail sale or
11 professional use intended to be rubbed, poured, sprinkled or sprayed on, introduced into or
12 otherwise applied to the human body for cleansing, beautifying, promoting attractiveness
13 or altering the appearance. "Cosmetic product" does not include:
14 A. Soap;
15 B. Dietary supplements; or
16 C. Food and drugs regulated by the United States Food and Drug Administration.
172. Ingredient. "Ingredient" means a single chemical entity or mixture used as a
18 component in the manufacture of a cosmetic product. "Ingredient" does not include an
19 incidental ingredient as described in 21 Code of Federal Regulations, Section 701.3(l).
203. Intentionally added ingredient. "Intentionally added ingredient" means an
21 ingredient added during the manufacture of a cosmetic product or a component of a
22 cosmetic product to provide a specific characteristic, appearance or quality or to perform a
23 specific function.
244. Manufacturer. "Manufacturer" means a person whose name appears on the label
25 of a cosmetic product pursuant to the requirements of 21 Code of Federal Regulations,
26 Section 701.12.
27§3303. Prohibition on sale and distribution of certain cosmetic products
281. Prohibition. Beginning January 1, 2027, a person may not distribute, sell or offer
29 for sale in this State a cosmetic product containing any of the following intentionally added
30 ingredients: lead; mercury; dibutyl phthalate; diethylhexyl phthalate; formaldehyde;
31 paraformaldehyde; quaternium-15; methylene glycol; m-phenylenediamine;
32 o-phenylenediamine; triclosan; triclocarban; or nonylphenol.
332. Exclusion. The distribution, sale or offering for sale of a cosmetic product in this
34 State does not violate the prohibition in subsection 1 if the cosmetic product contains a
35 technically unavoidable trace quantity of an ingredient identified in subsection 1 and that
36 trace quantity is present:
37 A. Due to impurities:
Page 2 - 132LR1786(01)
1 (1) From a natural or synthetic ingredient used in the manufacture of the cosmetic
2 product;
3 (2) From the manufacturing process; or
4 (3) From the storage of the cosmetic product; or
5 B. Due to migration of the ingredient from the packaging of the cosmetic product into
6 the cosmetic product.
7§3304. Retailer indemnification
8 If a cosmetic product delivered to a retailer in the State by the manufacturer is
9 subsequently determined to contain an intentionally added ingredient such that the cosmetic
10 product is prohibited from being distributed, sold or offered for sale in this State under
11 section 3303, the retailer is entitled to a full refund from the manufacturer with respect to
12 that cosmetic product, including shipping and other related costs.
13§3305. Rules
14 The department may adopt rules to implement this chapter. Rules adopted pursuant to
15 this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
16SUMMARY
17 This bill enacts the Safe Cosmetics Act, which prohibits, beginning January 1, 2027,
18 the distribution, sale or offering for sale in this State of cosmetic products containing certain
19 intentionally added ingredients, including, but not limited to, lead, mercury or
20 formaldehyde. A person distributing, selling or offering for sale a cosmetic product does
21 not violate the Act if the cosmetic product contains only a technically unavoidable trace
22 quantity of a prohibited ingredient due to impurities from a natural or synthetic ingredient
23 used in the manufacture of the cosmetic product, from the manufacturing process or from
24 storage of the cosmetic product or due to migration of the ingredient from the packaging
25 of the cosmetic product.
26 When a retailer purchases cosmetic products from a manufacturer and it is later
27 determined that those cosmetic products contain ingredients that prohibit the retailer from
28 distributing, selling or offering the product for sale pursuant to the Act, the retailer is
29 entitled to a full refund from the manufacturer with respect to the product, including
30 shipping and other related costs.
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