Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for SB 196
       
       
       
       
       
       
                                Ì773420tÎ773420                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2025           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Gruters) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 83 - 155
    4  and insert:
    5         Section 3. Section 499.0095, Florida Statutes, is created
    6  to read:
    7         499.0095Presence of certain ingredients in cosmetics;
    8  notice required.—
    9         (1)As used in this section, the term:
   10         (a) “Incidental ingredient” means a substance that has no
   11  technical or functional effect in the cosmetics but is present
   12  by reason of having been incorporated into the cosmetics as an
   13  ingredient of another cosmetic ingredient.
   14         (b) “Ingredient” means:
   15         1. Any chemical or mixture of chemicals intentionally used
   16  in the manufacturing of cosmetics. The term does not include any
   17  incidental ingredient that is present in cosmetics at
   18  insignificant levels or that has no technical or functional
   19  effect; or
   20         2. A processing aid, including any of the following:
   21         a. A substance that is used in the processing of cosmetics
   22  but is removed from the cosmetics in accordance with good
   23  manufacturing practices before the cosmetics are packaged in
   24  their finished form.
   25         b. A substance that is used in the processing of cosmetics
   26  for its technical or functional effect to produce the cosmetics
   27  and is then converted to a substance the same as constituents of
   28  a declared ingredient, in accordance with good manufacturing
   29  practices, and does not significantly increase the concentration
   30  of such constituents before the cosmetics are packaged in their
   31  finished form.
   32         c. A substance that is used in the processing of cosmetics
   33  for its technical or functional effect to produce the cosmetics
   34  in accordance with good manufacturing practices, that is present
   35  in the cosmetics’ finished form at insignificant concentrations
   36  and that does not have any technical or functional effect in
   37  such cosmetics.
   38         (c)“Ortho-phthalates” means esters of ortho-phthalic acid.
   39         (d)“Perfluoroalkyl and polyfluoroalkyl substances” or
   40  “PFASmeans a class of fluorinated organic chemicals containing
   41  at least one fully fluorinated carbon atom.
   42         (2)Except as provided in subsection (4), beginning July 1,
   43  2026, cosmetics manufactured, sold, offered or distributed for
   44  sale, or distributed for use in this state must provide notice
   45  on such cosmetics’ single-use packaging of the following
   46  intentionally added chemicals or chemical classes:
   47         (a)Ortho-phthalates.
   48         (b)PFAS.
   49         (c)Formaldehyde as identified in CAS 50-00-0.
   50         (d)Methylene glycol as identified in CAS 463-57-0.
   51         (e)Mercury as identified in CAS 7439-97-6.
   52         (f)Triclosan as identified in CAS 3380-34-5.
   53         (g)M-phenylenediamine or its salt derivatives as
   54  identified in CAS 108-45-2.
   55         (h)O-phenylenediamine or its salt derivatives as
   56  identified in CAS 95-54-5.
   57         (3)Except as provided in subsection (4), beginning July 1,
   58  2026, cosmetics manufactured, sold, offered or distributed for
   59  sale, or distributed for use in this state must provide notice
   60  on such cosmetics’ single-use packaging of any lead or lead
   61  compounds as identified by CAS 7439-92-1, whether intentionally
   62  added or naturally occurring, at 10 parts per million or more,
   63  or as otherwise determined by department rule.
   64         (4)A retailer in possession of cosmetics that do not
   65  comply as of July 1, 2026, may exhaust its existing stock
   66  through sales to the public until July 1, 2027.
   67         (5)A violation of this section is subject to the penalties
   68  and remedies provided in s. 499.066.
   69         (6)This section does not apply to cosmetic products
   70  regulated as drugs by the United States Food and Drug
   71  Administration.
   72         (7)The department shall adopt rules necessary to implement
   73  this section.
   74  
   75  ================= T I T L E  A M E N D M E N T ================
   76  And the title is amended as follows:
   77         Delete lines 8 - 21
   78  and insert:
   79         specified information; creating s. 499.0095, F.S.;
   80         defining terms; requiring that, beginning on a
   81         specified date, cosmetics manufactured, sold, offered
   82         or distributed for sale, or distributed for use in
   83         this state provide notice of specified added
   84         ingredients on the single-use packaging of such
   85         cosmetics; providing an exception; providing
   86         construction; providing penalties and remedies;
   87         providing applicability; requiring the Department of
   88         Business and Professional Regulation to adopt rules;
   89         amending s. 500.03, F.S.; defining the