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*sb0656*
SENATE BILL 656
J1 (6lr1813)
ENROLLED BILL
— Finance/Health —
Introduced by Senator Henson
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.
______________________________________________
President.
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 making a violation of certain provisions of law regarding the 5
manufacture, sale, delivery, holding, or offering for sale certain cosmetic products an 6
unfair, abusive, or deceptive trade practice; providing that a person who violates the 7
prohibition on the manufacture, sale, delivery, holding, or offering for sale a cosmetic 8
product that contains certain ingredients is liable for certain civil damages resulting 9
from actual harm sustained by an individual; authorizing the Maryland Department 10
of Health to investigate a complaint alleging that a person included certain 11
prohibited ingredients in cosmetic products; establishing the Harmful Hair 12
Chemicals Restitution Fund as a special, nonlapsing fund ; requiring that interest 13
earnings of the Fund remain in the Fund; and generally relating to prohibited 14
ingredients in cosmetic products. 15
2 SENATE BILL 656
BY renumbering 1
Article – Health – General 2
Section 21–259.3 3
to be Section 21–259.4 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2025 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Commercial Law 8
Section 13–301(14)(xlvii) 9
Annotated Code of Maryland 10
(2025 Replacement Volume) 11
BY repealing and reenacting, without amendments, 12
Article – Commercial Law 13
Section 13–301(14)(xlviii) 14
Annotated Code of Maryland 15
(2025 Replacement Volume) 16
BY adding to 17
Article – Commercial Law 18
Section 13–301(14)(xlix) 19
Annotated Code of Maryland 20
(2025 Replacement Volume) 21
BY repealing and reenacting, without amendments, 22
Article – Health – General 23
Section 21–101(a) and (e) 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2025 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – Health – General 28
Section 21–259.2 29
Annotated Code of Maryland 30
(2023 Replacement Volume and 2025 Supplement) 31
BY adding to 32
Article – Health – General 33
Section 21–259.3 34
Annotated Code of Maryland 35
(2023 Replacement Volume and 2025 Supplement) 36
BY repealing and reenacting, without amendments, 37
Article – State Finance and Procurement 38
Section 6–226(a)(2)(i) and (ii) 39
SENATE BILL 656 3
Annotated Code of Maryland 1
(2021 Replacement Volume and 2025 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – State Finance and Procurement 4
Section 6–226(a)(2)(iii)212. and 213. 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2025 Supplement) 7
BY adding to 8
Article – State Finance and Procurement 9
Section 6–226(a)(2)(iii)214. 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That Section(s) 21–259.3 of Article – Health – General of the Annotated Code of Maryland 14
be renumbered to be Section(s) 21–259.4. 15
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Marylan d read 16
as follows: 17
Article – Commercial Law 18
13–301. 19
Unfair, abusive, or deceptive trade practices include any: 20
(14) Violation of a provision of: 21
(xlvii) Title 14, Subtitle 50 of this article; [or] 22
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 23
(XLIX) SECTION 21–259.2 OF THE HEALTH – GENERAL 24
ARTICLE; OR 25
Article – Health – General 26
21–101. 27
(a) In this title the following words have the meanings indicated. 28
(e) (1) “Cosmetic” means any substance, or any component of a substance, that 29
is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise 30
4 SENATE BILL 656
applied to the human body for cleansing, beautifying, promoting attractiveness, or altering 1
appearance. 2
(2) “Cosmetic” does not include soap. 3
21–259.2. 4
(a) In this section: 5
(1) “Ingredient” means any single chemical entity or mixture used as a 6
component in the manufacture of a cosmetic product; and 7
(2) “Ingredient” does not include an incidental ingredient, as described in 8
21 C.F.R. § 701.3(l). 9
(b) Except as provided in subsection (c) of this section, a person may not 10
knowingly manufacture, sell, deliver, hold, or offer for sale in the State a cosmetic product 11
that contains any of the following intentionally added ingredients: 12
(1) Dibutyl phthalate (CAS no. 84–74–2); 13
(2) Diethylhexyl phthalate (CAS no. 117–81–7); 14
(3) Formaldehyde (CAS no. 50–00–0); 15
(4) Paraformaldehyde (CAS no. 30525–89–4); 16
(5) Methylene glycol (CAS no. 463–57–0); 17
(6) Quaternium–15 (CAS no. 51229–78–8); 18
(7) Mercury (CAS no. 7439–97–6); 19
(8) Isobutylparaben (CAS no. 4247–02–3); 20
(9) Isopropylparaben (CAS no. 4191–73–5); 21
(10) m–Phenylenediamine and its salts (CAS no. 108–45–2); 22
(11) o–Phenylenediamine and its salts (CAS no. 95–54–5); or 23
(12) The following per – and polyfluoroalkyl substances (PFAS) and their 24
salts: 25
(i) Perfluorooctane sulfonate (PFOS) or 26
heptadecafluorooctane–1–sulfonic acid (CAS no. 1763–23–1); 27
SENATE BILL 656 5
(ii) Potassium perfluorooctanesulfonate or potassium 1
heptadecafluorooctane–1–sulfonate (CAS no. 2795–39–3); 2
(iii) Diethanolamine perfluorooctane sulfonate (CAS no. 3
70225–14–8); 4
(iv) Ammonium perfluorooctane sulfonate or ammonium 5
heptadecafluorooctanesulfonate (CAS no. 29081–56–9); 6
(v) Lithium perfluorooctane su lfonate or lithium 7
heptadecafluorooctanesulfonate (CAS no. 29457–72–5); 8
(vi) Perfluorooctanoic acid (PFOA) (CAS no. 335–67–1); 9
(vii) Ammonium pentadecafluorooctanoate (CAS no. 3825–26–1); 10
(viii) Nonadecafluorodecanoic acid (CAS no. 335–76–2); 11
(ix) Ammonium nonadecafluorodecanoate (CAS no. 3108–42–7); 12
(x) Sodium nonadecafluorodecanoate (CAS no. 3830–45–3); 13
(xi) Perfluorononanoic acid (PFNA) (CAS no. 375–95–1); 14
(xii) Sodium heptadecafluorononanoate (CAS no. 21049–39–8); or 15
(xiii) Ammonium perfluorononanoate (CAS no. 4149–60–4). 16
(c) A person is not in violation of this section if the person manufactures, sells, 17
delivers, holds, or offers for sale in the State a cosmetic product that: 18
(1) Was manufactured through a process in tended to comply with this 19
section; and 20
(2) Contains a technically unavoidable trace quantity of an ingredient 21
listed in subsection (b) of this section due to: 22
(i) An impurity of a natural or synthetic ingredient; 23
(ii) The manufacturing process; 24
(iii) Storage; or 25
(iv) Packaging. 26
6 SENATE BILL 656
(D) (1) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS TITLE , A 1
PERSON WHO VIOLATES THIS SECTION IS LIAB LE FOR CIVIL DAMAGES RESULTING 2
FROM ACTUAL HARM SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE 3
VIOLATION. 4
(2) AN ACTION UNDER THIS SECTION MUST BE BROU GHT WITHIN 3 5
YEARS AFTER THE DATE ON WHICH THE PLAINTI FF DISCOVERED OR REA SONABLY 6
SHOULD HAVE DISCOVERED THAT THE EXPOSURE TO AN INGREDIENT IN VIOLATION 7
OF THIS SECTION WAS THE PROXIMATE CAUSE OF THE INJURY SUS TAINED BY THE 8
PLAINTIFF. 9
(3) IN ANY ACTION BROUGHT TO ENFORCE THIS SECT ION, A COURT 10
MAY AWARD REASONABLE ATTORNEY’S FEES TO A PREVAILING PLAINTIFF: 11
(I) TREBLE DAMAGES; 12
(II) IF THE VIOLATION WAS WILLFUL, PUNITIVE DAMAGES; AND 13
(III) REASONABLE ATTORNEY’S FEES. 14
(E) (1) THE DEPARTMENT MAY INVESTIGATE ANY COMPLAINT ALLEGING 15
THAT A PERSON HAS VIOLATED THIS SECTION. 16
(2) ON RECEIPT OF A COMPL AINT, A REPRESENTATIVE OF THE 17
DEPARTMENT, AT A REASONABLE TIME, MAY ENTER AND INSPECT THE PREMISES OF 18
THE PERSON LOCATED IN TH E STATE TO DETERMINE CO MPLIANCE WITH THIS 19
SECTION. 20
(3) THE PERSON MAY NOT: 21
(I) REFUSE TO GRANT ACCES S TO A REPRESENTATIV E WHO 22
REQUESTS TO ENTER AN D INSPECT THE PREMIS ES OF THE PERSON UND ER 23
PARAGRAPH (2) OF THIS SUBSECTION; OR 24
(II) INTERFERE WITH AN INS PECTION UNDER PARAGR APH (2) 25
OF THIS SUBSECTION. 26
(4) AN INVESTIGATION OF A PREMISES OF A PERSON CONDUCTED 27
UNDER THIS SUBSECTIO N MAY INCLUDE SAMPLI NG OF A COSMETIC PRO DUCT TO 28
DETERMINE IF THE COSMETIC PRODUCT CONTAINS A TECHNICALLY UNAVOIDABLE 29
TRACE QUANTITY OF AN INGREDIENT LISTED IN SUBSECTION (B) OF THIS SECTION. 30
21–259.3. 31
SENATE BILL 656 7
(A) IN THIS SECTION , “FUND” MEANS THE HARMFUL HAIR CHEMICAL 1
RESTITUTION FUND. 2
(B) THERE IS A HARMFUL HAIR CHEMICAL RESTITUTION FUND. 3
(C) THE PURPOSE OF THE FUND IS TO SUPPORT TH E RESEARCH AND 4
TREATMENT, INCLUDING SCREENINGS AND DIAGNOSIS , OF FIBROIDS , UTERINE 5
CANCER, HAIR LOSS , AND RELATED CONDITIO NS CAUSED BY HARMFUL HAIR 6
CHEMICALS. 7
(D) THE ATTORNEY GENERAL SHALL ADMINISTER THE FUND. 8
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 9
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 10
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 11
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 12
(F) THE FUND CONSISTS OF: 13
(1) ALL FUNDS , EXCLUDING FUNDS RECE IVED BY THE AGGRIEVE D 14
PARTY AND THE COSTS OF THE ACTION THE ATTORNEY GENERAL IS ENTITLED T O 15
RECOVER, RECEIVED BY THE DIVISION OF CONSUMER PROTECTION IN THE OFFICE 16
OF THE ATTORNEY GENERAL FROM ENFORCIN G § 21–259.2 OF THIS SUBTITLE 17
UNDER THE CONSUMER PROTECTION ACT; AND 18
(2) INTEREST EARNINGS OF THE FUND. 19
(G) (1) THE FUND SHALL BE USED FOR: 20
(I) PROVIDING GRANTS FOR THE SUPPORT OF THE RESEARCH 21
AND TREATMENT, INCLUDING SCREENINGS AND DIAGNOSIS, OF FIBROIDS, UTERINE 22
CANCER, HAIR LOSS , AND RELATED CONDITIO NS CAUSED BY HARMFUL HAIR 23
CHEMICALS; 24
(II) CARRYING OUT ANY LAWS ENACTED TO BENEFIT V ICTIMS 25
OF A VIOLATION OF § 21–259.2 OF THIS SUBTITLE; AND 26
(III) PROVIDING RESTITUTION TO VICTIMS OF A VIOLATION OF § 27
21–259.2 OF THIS SUBTITLE. 28
(2) TO QUALIFY FOR A GRANT FROM THE FUND, AN APPLICANT FOR A 29
GRANT UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION SHALL BE REQUIRED TO: 30
8 SENATE BILL 656
(I) FILE A COMPLAINT WITH THE ATTORNEY GENERAL FOR A 1
VIOLATION OF § 21–259.2 OF THIS SUBTITLE; AND 2
(II) HAVE SUSTAINED HARM AS A RESULT OF A VIOLATION OF § 3
21–259.2 OF THIS SUBTITLE. 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
SENATE BILL 656 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 th e 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, shal l 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 tak e effect 16
July 1, 2026. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.