Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0498.01 Christy Chase HOUSE BILL 10-1248 HOUSE SPONSORSHIP Primavera, Apuan, Middleton, Miklosi SENATE SPONSORSHIP Boyd, Newell, Steadman House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning safe personal care products, and, in connection therewith, creating the "Colorado Safe Personal Care Products Act" and prohibiting the sale of personal care products that contain chemicals identified as causing cancer or reproductive toxicity. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill creates the "Colorado Safe Personal Care Products Act" (act), which prohibits a manufacturer from knowingly selling, offering for sale, or distributing for sale or use in Colorado on and after September 1, 2011, any personal care product that contains a chemical identified as causing cancer or reproductive toxicity. The bill sets forth legislative findings and declarations regarding chemicals in consumer products and the harmful health effects of those chemicals, particularly on women of childbearing age, fetuses, and children. The bill further establishes a process for identifying those chemicals that cannot be contained in personal care products sold or distributed in Colorado by recognizing existing lists of harmful chemicals established by authoritative bodies such as the United States environmental protection agency, the international agency for research on cancer, the national toxicology program, and the national institute for occupational safety and health. "Personal care products", consistent with the definition of "cosmetics" in the federal "Food, Drug, and Cosmetic Act", is defined to include any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering a person's appearance. Private citizens may file suit to enforce the act, and the prevailing plaintiff may recover an award of attorney fees and costs if a violation is found. If a manufacturer violates the act, the bill authorizes the imposition of a civil penalty of up to $5,000 per violation per product for the first offense and up to $10,000 per violation per product for a second or subsequent offense. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 5 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 12 SAFE PERSONAL CARE PRODUCTS 25-5-1201. Short title. This part 12 shall be known and may be cited as the "Colorado Safe Personal Care Products Act". 25-5-1202. Legislative declaration. (1) The general assembly hereby finds that: (a) Independent testing in the United States and the European Union has determined that many cosmetic products contain substances known or suspected to cause cancer and reproductive toxicity that can harm adults and children; (b) Neither the federal food and drug administration nor the Colorado department of public health and environment require safety testing, review, or approval of personal care products such as shampoos, lotions, and moisturizers before those products are offered for sale to the public; (c) While most consumers use some personal care products, cosmetic products intended to beautify are most commonly used by women of childbearing age, increasing the likelihood of exposing mothers, fetuses, and nursing children to substances that can cause cancer and reproductive toxicity; (d) Alternatives to chemicals that cause cancer or reproductive toxicity or that contribute to other harmful effects are readily available for use in personal care products; and (e) Numerous manufacturers, including small domestic producers and large multinational corporations, have eliminated substances that cause cancer or reproductive toxicity from their personal care products. (2) Based on these findings, the general assembly declares it to be in the best interest of the people of this state to take steps to ensure that personal care products sold and used in this state are safe and do not contain substances that cause cancer or reproductive toxicity. 25-5-1203. Definitions. As used in this part 12, unless the context otherwise requires: (1) "Authoritative body" means the following agencies or formally organized programs or groups recognized as authoritative for purposes of identifying chemicals that cause cancer or reproductive toxicity: (a) The United States environmental protection agency, or its successor agency; (b) The United States food and drug administration, or its successor entity; (c) The national institute for occupational safety and health, or its successor entity; (d) The national toxicology program, or its successor program; and (e) The international agency for research on cancer, or its successor agency. (2) "Chemical identified as causing cancer or reproductive toxicity" means a chemical identified by an authoritative body as any of the following: (a) A substance listed in a national toxicology report on carcinogens as known or reasonably anticipated to be a human carcinogen; (b) A substance given an overall carcinogenicity evaluation of "group 1", "group 2A", or "group 2B" by the international agency for research on cancer or its successor agency; (c) A substance identified by the United States environmental protection agency, or its successor agency, as a "group A", "group B1", or "group B2" carcinogen or as a known or probable carcinogen; (d) A substance identified in a report by an expert panel of the national toxicology program's center for the evaluation of risks in human reproduction, or a successor entity, as having some or clear evidence of adverse developmental, male reproductive, or female reproductive toxicity effects; or (e) A substance identified by the national institute for occupational safety and health, or its successor entity, as a potential occupational carcinogen. (3) (a) "Manufacturer" means any person whose name appears on the label of a personal care product pursuant to the requirements of 21 CFR 701.12. (b) "Manufacturer" does not include a retailer that sells personal care products at retail to consumers unless the retailer is also the manufacturer of the personal care product. (4) (a) "Personal care product", "cosmetics", or "cosmetic product" means, consistent with "cosmetics", as defined in 21 U.S.C. sec. 321 (i) of the federal "Food, Drug, and Cosmetic Act": (I) Any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering a person's appearance; and (II) Any article intended for use as a component of any articles described in subparagraph (I) of this paragraph (a). (b) "Personal care product", "cosmetics", or "cosmetic product" includes, in addition to those articles described in paragraph (a) of this subsection (4), any cosmetic product subject to regulation by the federal food and drug administration. 25-5-1204. Prohibition - sale of personal care products containing unsafe chemicals. On or after September 1, 2011, a manufacturer shall not sell, offer for sale, distribute for sale, or distribute for use in this state any personal care product that contains a chemical identified as causing cancer or reproductive toxicity. 25-5-1205. Enforcement by private citizens - civil penalty. (1) Any person alleging a violation of section 25-5-1204 may bring an action against the manufacturer in a court of competent jurisdiction in the county where the violation occurred. Upon finding a violation, in addition to any other relief authorized by law, the court shall order the manufacturer to cease and desist conduct violating section 25-5-1204 and shall order the manufacturer to pay the prevailing party reasonable attorney fees and costs. (2) A manufacturer that violates section 25-5-1204 is subject to a civil penalty of up to five thousand dollars per violation per product for a first offense, and up to ten thousand dollars per violation per product for a second or subsequent offense. Penalties collected pursuant to this section shall be deposited in the general fund. SECTION 2. Act subject to petition - effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2010 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) This provisions of this act shall apply to manufacturer conduct on or after the applicable effective date of this act.