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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
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*hb1533*
HOUSE BILL 1533
J1 (6lr2548)
ENROLLED BILL
— Health/Finance —
Introduced by Delegates Alston, Palakovich Carr, Allen, Boyce, Coley, Fennell,
Guzzone, Hornberger, Lewis, Miller, Roberson, Roberts, Shetty, and Stein
Stein, Bagnall, Cullison, Hill, Kaufman, Lopez, Martinez, Rosenberg, Ross,
White Holland, and Woorman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ______________________ __ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Public Health – Cosmetic Products – Enforcement and Penalties for Prohibited 2
Ingredients 3
(Crown and Care Act – Protecting Communities From Harmful Hair Chemicals) 4
FOR the purpose of prohibiting a person from knowingly manufacturing, selling, delivering, 5
holding, or offering for sale a cosmetic product that contains intentionally added 6
lead; making a violation of certain provisions of law regarding the manufacture, sale, 7
delivery, holding, or offering for sale certain cosmetic products an unfair, abusive, or 8
deceptive trade practice; providing that a person who violates the prohibition on the 9
manufacture, sale, delivery, holding, or offering for sale a cosmetic product that 10
contains certain ingredients is liable for certain civil damages resulting from actual 11
harm sustained by an individual ; authorizing the Maryland Department of Health 12
2 HOUSE BILL 1533
to inv estigate a complaint alleging that a person included certain prohibited 1
ingredients in cosmetic products; establishing the Harmful Hair Chemicals 2
Restitution Fund as a special, nonlapsing fund; requiring that interest earnings of 3
the Fund remain in the Fun d; and generally relating to prohibited ingredients in 4
cosmetic products. 5
BY renumbering 6
Article – Health – General 7
Section 21–259.3 8
to be Section 21–259.4 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2025 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Commercial Law 13
Section 13–301(14)(xlvii) 14
Annotated Code of Maryland 15
(2025 Replacement Volume) 16
BY repealing and reenacting, without amendments, 17
Article – Commercial Law 18
Section 13–301(14)(xlviii) 19
Annotated Code of Maryland 20
(2025 Replacement Volume) 21
BY adding to 22
Article – Commercial Law 23
Section 13–301(14)(xlix) 24
Annotated Code of Maryland 25
(2025 Replacement Volume) 26
BY repealing and reenacting, without amendments, 27
Article – Health – General 28
Section 21–101(a) and (e) 29
Annotated Code of Maryland 30
(2023 Replacement Volume and 2025 Supplement) 31
BY repealing and reenacting, with amendments, 32
Article – Health – General 33
Section 21–259.2 34
Annotated Code of Maryland 35
(2023 Replacement Volume and 2025 Supplement) 36
BY adding to 37
Article – Health – General 38
Section 21–259.3 39
Annotated Code of Maryland 40
HOUSE BILL 1533 3
(2023 Replacement Volume and 2025 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – State Finance and Procurement 3
Section 6–226(a)(2)(i) and (ii) 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2025 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – State Finance and Procurement 8
Section 6–226(a)(2)(iii)212. and 213. 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2025 Supplement) 11
BY adding to 12
Article – State Finance and Procurement 13
Section 6–226(a)(2)(iii)214. 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2025 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That Section(s) 21–259.3 of Article – Health – General of the Annotated Code of Maryland 18
be renumbered to be Section(s) 21–259.4. 19
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
as follows: 21
Article – Commercial Law 22
13–301. 23
Unfair, abusive, or deceptive trade practices include any: 24
(14) Violation of a provision of: 25
(xlvii) Title 14, Subtitle 50 of this article; [or] 26
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 27
(XLIX) SECTION 21–259.2 OF THE HEALTH – GENERAL 28
ARTICLE; OR 29
Article – Health – General 30
21–101. 31
4 HOUSE BILL 1533
(a) In this title the following words have the meanings indicated. 1
(e) (1) “Cosmetic” means any substance, or any component of a substance, that 2
is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise 3
applied to the human body for cleansing, beautifying, promoting attractiveness, or altering 4
appearance. 5
(2) “Cosmetic” does not include soap. 6
21–259.2. 7
(a) In this section: 8
(1) “Ingredient” means any single chemical entity or mixture used as a 9
component in the manufacture of a cosmetic product; and 10
(2) “Ingredient” does not include an incidental ingredient, as described in 11
21 C.F.R. § 701.3(l). 12
(b) Except as provided in subsection (c) of this section, a person may not 13
knowingly manufacture, sell, deliver, hold, or offer for sale in the State a cosmetic product 14
that contains any of the following intentionally added ingredients: 15
(1) Dibutyl phthalate (CAS no. 84–74–2); 16
(2) Diethylhexyl phthalate (CAS no. 117–81–7); 17
(3) Formaldehyde (CAS no. 50–00–0); 18
(4) Paraformaldehyde (CAS no. 30525–89–4); 19
(5) Methylene glycol (CAS no. 463–57–0); 20
(6) Quaternium–15 (CAS no. 51229–78–8); 21
(7) Mercury (CAS no. 7439–97–6); 22
(8) Isobutylparaben (CAS no. 4247–02–3); 23
(9) Isopropylparaben (CAS no. 4191–73–5); 24
(10) m–Phenylenediamine and its salts (CAS no. 108–45–2); 25
(11) o–Phenylenediamine and its salts (CAS no. 95–54–5); or 26
(12) LEAD (CAS NO. 7439–92–1); OR 27
HOUSE BILL 1533 5
(13) The following per – and polyfluoroalkyl substances (PFAS) and their 1
salts: 2
(i) Perfluorooctane sulfonate (PFOS) or 3
heptadecafluorooctane–1–sulfonic acid (CAS no. 1763–23–1); 4
(ii) Potassium perfluorooctanesulfonate or potassium 5
heptadecafluorooctane–1–sulfonate (CAS no. 2795–39–3); 6
(iii) Diethanolamine perfluorooctane sulfonate (CAS no. 7
70225–14–8); 8
(iv) Ammonium perfluorooctane sulfonate or ammonium 9
heptadecafluorooctanesulfonate (CAS no. 29081–56–9); 10
(v) Lithium perfluorooctane sulfonate or lithium 11
heptadecafluorooctanesulfonate (CAS no. 29457–72–5); 12
(vi) Perfluorooctanoic acid (PFOA) (CAS no. 335–67–1); 13
(vii) Ammonium pentadecafluorooctanoate (CAS no. 3825–26–1); 14
(viii) Nonadecafluorodecanoic acid (CAS no. 335–76–2); 15
(ix) Ammonium nonadecafluorodecanoate (CAS no. 3108–42–7); 16
(x) Sodium nonadecafluorodecanoate (CAS no. 3830–45–3); 17
(xi) Perfluorononanoic acid (PFNA) (CAS no. 375–95–1); 18
(xii) Sodium heptadecafluorononanoate (CAS no. 21049–39–8); or 19
(xiii) Ammonium perfluorononanoate (CAS no. 4149–60–4). 20
(c) A person is not in violation of this section if the person manufactures, sells, 21
delivers, holds, or offers for sale in the State a cosmetic product that: 22
(1) Was manufactured through a process intended to comply with this 23
section; and 24
(2) Contains a technically unavoidable trace quantity of an ingredient 25
listed in subsection (b) of this section due to: 26
(i) An impurity of a natural or synthetic ingredient; 27
(ii) The manufacturing process; 28
6 HOUSE BILL 1533
(iii) Storage; or 1
(iv) Packaging. 2
(D) (1) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS TITLE , A 3
PERSON WHO VIOLATES THIS SECTION IS LIAB LE FOR CIVIL DAMAGES RESULTING 4
FROM ACTUAL HARM SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE 5
VIOLATION. 6
(2) AN ACTION UNDER THIS SECTION M UST BE BROUGHT WITHI N 3 7
YEARS AFTER THE DATE ON WHICH THE PLAINTI FF DISCOVERED OR REA SONABLY 8
SHOULD HAVE DISCOVERED THAT THE EXPOSURE TO AN INGREDIENT IN VIOLATION 9
OF THIS SECTION WAS THE PROXIMATE CAUSE OF THE INJURY SUSTAI NED BY THE 10
PLAINTIFF. 11
(3) IN ANY ACTION BROUGHT TO ENFORCE THIS SECT ION, A COURT 12
MAY AWARD REASONABLE ATTORNEY’S FEES TO A PREVAILING PLAINTIFF: 13
(I) TREBLE DAMAGES; 14
(II) IF THE VIOLATION WAS WILLFUL, PUNITIVE DAMAGES; AND 15
(III) REASONABLE ATTORNEY’S FEES. 16
(E) (1) THE DEPARTMENT MAY INVESTIGATE ANY COMPLAINT ALLEGING 17
THAT A PERSON HAS VIOLATED THIS SECTION. 18
(2) ON RECEIPT OF A COMPL AINT, A REPRESENTATIVE OF THE 19
DEPARTMENT, AT A REASONABLE TIME, MAY ENTER AND INSPECT THE PREMISES OF 20
THE PERSON LOCA TED IN THE STATE TO DETERMINE CO MPLIANCE WITH THIS 21
SECTION. 22
(3) THE PERSON MAY NOT: 23
(I) REFUSE TO GRANT ACCES S TO A REPRESENTATIV E WHO 24
REQUESTS TO ENTER AN D INSPECT THE PREMIS ES OF THE PERSON UND ER 25
PARAGRAPH (2) OF THIS SUBSECTION; OR 26
(II) INTERFERE WITH AN INSPECT ION UNDER PARAGRAPH (2) 27
OF THIS SUBSECTION. 28
(4) AN INVESTIGATION OF A PREMISES OF A PERSON CONDUCTED 29
UNDER THIS SUBSECTIO N MAY INCLUDE SAMPLI NG OF A COSMETIC PRO DUCT TO 30
HOUSE BILL 1533 7
DETERMINE IF THE COSMETIC PRODUCT CONTAINS A TECHNICALLY UNAVOIDABLE 1
TRACE QUANTITY OF AN INGREDIENT LISTED IN SUBSECTION (B) OF THIS SECTION. 2
21–259.3. 3
(A) IN THIS SECTION , “FUND” MEANS THE HARMFUL HAIR CHEMICAL 4
RESTITUTION FUND. 5
(B) THERE IS A HARMFUL HAIR CHEMICAL RESTITUTION FUND. 6
(C) THE PURPOSE OF THE FUND IS TO SUPPORT THE RE SEARCH AND 7
TREATMENT, INCLUDING SCREENINGS AND DIAGNOSIS , OF FIBROIDS , UTERINE 8
CANCER, HAIR LOSS , AND RELATED CONDITIO NS CAUSED BY HARMFUL HAIR 9
CHEMICALS. 10
(D) THE DEPARTMENT SHALL ADMINISTER THE FUND. 11
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 12
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 13
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 14
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 15
(F) THE FUND CONSISTS OF: 16
(1) ALL FUNDS , EXCLUDING FUNDS RECEIVED BY TH E AGGRIEVED 17
PARTY AND THE COSTS OF THE ACTION THE ATTORNEY GENERAL IS ENTITLED T O 18
RECOVER, RECEIVED BY THE DIVISION OF CONSUMER PROTECTION IN THE OFFICE 19
OF THE ATTORNEY GENERAL FROM ENFORCIN G § 21–259.2 OF THIS SUBTITLE 20
UNDER THE CONSUMER PROTECTION ACT; AND 21
(2) INTEREST EARNINGS OF THE FUND. 22
(G) (1) THE FUND SHALL BE USED FOR: 23
(I) PROVIDING GRANTS FOR THE SUPPORT OF THE RESEARCH 24
AND TREATMENT, INCLUDING SCREENINGS AND DIAGNOSIS, OF FIBROIDS, UTERINE 25
CANCER, HAIR LOSS , AND RELATED CONDITIONS C AUSED BY HARMFUL HAI R 26
CHEMICALS; 27
(II) CARRYING OUT ANY LAWS ENACTED TO BENEFIT V ICTIMS 28
OF A VIOLATION OF § 21–259.2 OF THIS SUBTITLE; AND 29
8 HOUSE BILL 1533
(III) PROVIDING RESTITUTION TO VICTIMS OF A VIOLATION OF § 1
21–259.2 OF THIS SUBTITLE. 2
(2) ON OR BEFORE JANUARY 1, 2027, THE DEPARTMENT SHALL 3
ADOPT REGULATIONS TO ADMINISTER THE FUND. 4
(H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 5
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 6
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 7
THE FUND. 8
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 9
WITH THE STATE BUDGET. 10
(J) MONEY EXPENDED FROM THE FUND FOR THE SUPPORT OF RESEARCH 11
AND TREATMENT UNDER SUBSECTION (G) OF THIS SECTION IS S UPPLEMENTAL TO 12
AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD 13
BE APPROPRIATED FOR THE SUPPORT OF RESEARCH AND TREATMENT. 14
Article – State Finance and Procurement 15
6–226. 16
(a) (2) (i) This paragraph does not apply in fiscal years 2024 through 2028. 17
(ii) Notwithstanding any other provision of law, and unless 18
inconsistent with a federal law, grant agreement, or other federal requirement or with the 19
terms of a gift or settlement agreement, net interest on all State money allocated by the 20
State Treasurer under this section to special funds or accounts, and otherwise entitled to 21
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 22
Fund of the State. 23
(iii) The provisions of subparagraph (ii) of this paragraph do not 24
apply to the following funds: 25
212. the Department of Social and Economic Mobility Special 26
Fund; [and] 27
213. the Population Health Improvement Fund; AND 28
214. THE HARMFUL HAIR CHEMICALS RESTITUTION 29
FUND. 30
SECTION 2. AND BE IT FURTHER ENACTED, That: 31
HOUSE BILL 1533 9
(a) (1) The Maryland Department of Health, in conjunction with the Office of 1
the Attorney General, shall develop a plan for the administration of a special fund to support 2
the research and treatment, including screenings and diagnosis, of fibroids, uterine cancer, 3
hair loss, and related conditions caused by harmful hair chemicals that consists of: 4
(i) all funds, excluding funds received by the aggrieved party and the 5
costs of the action the Attorney General is entitled to recover, received by the Division of 6
Consumer Protection in the Office of the Attorney General from enforcing § 21 –259.2 of the 7
Health – General Article under the Consumer Protection Act; and 8
(ii) interest earnings of the fund. 9
(2) The plan developed under paragraph (1) of this subsection shall include 10
the best method of using the money in the fund to achieve the purpose of the special fund. 11
(b) On or before December 1, 2026, the Maryland Department of Health, in 12
conjunction with the Office of the Attorney General, shall report the plan developed under 13
subsection (a) of this section to the Senate Finance Committee and the House Health 14
Committee, in accordance with § 2–1257 of the State Government Article. 15
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
July 1, 2026. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.