Florida Senate - 2025 SB 1744
By Senator Calatayud
38-01740B-25 20251744__
1 A bill to be entitled
2 An act relating to toxic chemicals in cosmetic
3 products; creating s. 499.0095, F.S.; defining terms;
4 prohibiting, beginning on a specified date, the
5 manufacture, sale, offer or distribution for sale, or
6 distribution for use of cosmetics that contain
7 specified added chemical ingredients; providing an
8 exception; requiring the Department of Business and
9 Professional Regulation (DBPR), in consultation with
10 the Department of Health, to make certain
11 determinations and make the information publicly
12 available on its website by a specified date;
13 providing construction; providing for disciplinary
14 action; providing applicability; requiring DBPR to
15 adopt rules; requiring DBPR to adopt specified rules;
16 specifying requirements for the adoption of such
17 rules; providing an effective date.
18
19 WHEREAS, the Legislature finds that certain chemicals used
20 in cosmetic products are linked to harmful impacts on health,
21 such as cancer, birth defects, damage to the reproductive
22 system, organ system toxicity, and endocrine disruption, and
23 WHEREAS, the previous federal administration substantially
24 ignored its duties under federal law to protect citizens from
25 the harm caused by toxic and unsafe chemicals in cosmetic
26 products, and
27 WHEREAS, President Trump, in his executive order
28 establishing the President’s Make America Healthy Again
29 Commission, warned of a growing health crisis in America and
30 created the commission to make America healthy again by helping
31 drastically lower chronic disease rates and end childhood
32 chronic diseases, and
33 WHEREAS, to ensure the safety of cosmetic products and
34 protect residents of this state from toxic exposures, the
35 Legislature intends to prohibit the use of toxic chemicals found
36 in cosmetic and personal care products and join President Trump
37 and other jurisdictions in creating a safer global standard for
38 cosmetic products and bringing more sustainable, safer
39 ingredients to the marketplace, NOW, THEREFORE,
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Section 499.0095, Florida Statutes, is created
44 to read:
45 499.0095 Toxic chemicals in cosmetics prohibited.—
46 (1) As used in this section, the term:
47 (a) “Ortho-phthalates” means esters of ortho-phthalic acid.
48 (b) “Perfluoroalkyl and polyfluoroalkyl substances” or
49 “PFAS” means a class of fluorinated organic chemicals containing
50 at least one fully fluorinated carbon atom.
51 (c) “Small business” means a business employing fewer than
52 50 people.
53 (2) Except as provided in subsection (4), beginning July 1,
54 2026, cosmetics manufactured, sold, offered or distributed for
55 sale, or distributed for use in this state may not contain any
56 of the following intentionally added chemicals or chemical
57 classes:
58 (a) Ortho-phthalates.
59 (b) PFAS.
60 (c) Formaldehyde or any other chemical determined by the
61 department to release formaldehyde.
62 (d) Methylene glycol.
63 (e) Mercury or mercury compounds.
64 (f) Triclosan.
65 (g) M-phenylenediamine or its salt derivatives.
66 (h) O-phenylenediamine or its salt derivatives.
67 (3) Except as provided in subsection (4), beginning July 1,
68 2026, cosmetics manufactured, sold, offered or distributed for
69 sale, or distributed for use in this state may not contain any
70 lead or lead compounds, whether intentionally added, at one part
71 per million or above, or as otherwise determined by department
72 rule.
73 (4) An in-state retailer in possession of cosmetics on the
74 date that restrictions on the sale of the products take effect
75 under this section may exhaust its existing stock through sales
76 to the public until July 1, 2027.
77 (5) By January 1, 2026, the department, in consultation
78 with the Department of Health, shall use existing information to
79 identify and assess the hazards of chemicals or chemical classes
80 that can provide the same or similar function in cosmetics as
81 the chemicals or chemical classes listed in subsection (2). The
82 department shall make the information publicly available on its
83 website.
84 (6) The chemicals in subsection (2) are prohibited in
85 cosmetics regardless of whether the product also contains drug
86 ingredients regulated by the United States Food and Drug
87 Administration.
88 (7) A violation of this section is grounds for disciplinary
89 action under s. 499.066.
90 (8) This section does not apply to ingredients regulated as
91 drugs by the United States Food and Drug Administration.
92 (9) The department shall adopt rules necessary to implement
93 this section.
94 (a) The department’s determinations of chemicals that
95 release formaldehyde must be adopted by rule. The department
96 shall identify a list of chemicals used in cosmetics that
97 release formaldehyde which are subject to restriction under this
98 chapter. In establishing this list, the department shall
99 consider the following:
100 1. Estimated prevalence of use.
101 2. Potential to reduce disproportionate exposure.
102 3. Other information deemed relevant by the department.
103 (b) The department may identify for restriction an initial
104 set of no more than 10 of the listed chemicals used in cosmetics
105 that release formaldehyde. This restriction must take effect on
106 or after July 1, 2026.
107 (c) Restrictions on any remaining listed chemicals used in
108 cosmetics that release formaldehyde may take effect on or after
109 July 1, 2027.
110 (d) In adopting rules under this section, the department
111 shall engage with relevant stakeholders for their expertise and
112 input. The stakeholder process must include, but is not limited
113 to, soliciting input from representatives from independent
114 cosmetologists, small businesses offering cosmetology services,
115 such as beauty salons, and small manufacturers of cosmetics. The
116 input received from stakeholders must be considered when
117 adopting rules.
118 Section 2. This act shall take effect July 1, 2025.