Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 196 Ì783348EÎ783348 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/19/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Calatayud) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 65 and 66 4 insert: 5 Section 3. Section 499.0095, Florida Statutes, is created 6 to read: 7 499.0095 Toxic chemicals in cosmetics prohibited.— 8 (1) As used in this section, the term: 9 (a) “Ortho-phthalates” means esters of ortho-phthalic acid. 10 (b) “Perfluoroalkyl and polyfluoroalkyl substances” or 11 “PFAS” means a class of fluorinated organic chemicals containing 12 at least one fully fluorinated carbon atom. 13 (2) Except as provided in subsection (4), beginning July 1, 14 2026, cosmetics manufactured, sold, offered or distributed for 15 sale, or distributed for use in this state may not contain any 16 of the following intentionally added chemicals or chemical 17 classes: 18 (a) Ortho-phthalates. 19 (b) PFAS. 20 (c) Formaldehyde or any other chemical determined by the 21 department to release formaldehyde. 22 (d) Methylene glycol. 23 (e) Mercury or mercury compounds. 24 (f) Triclosan. 25 (g) M-phenylenediamine or its salt derivatives. 26 (h) O-phenylenediamine or its salt derivatives. 27 (3) Except as provided in subsection (4), beginning July 1, 28 2026, cosmetics manufactured, sold, offered or distributed for 29 sale, or distributed for use in this state may not contain any 30 lead or lead compounds, whether intentionally added or naturally 31 occurring, at 1 part per million or above, or as otherwise 32 determined by department rule. 33 (4) An in-state retailer in possession of cosmetics on the 34 date that restrictions on the sale of the products take effect 35 under this section may exhaust its existing stock through sales 36 to the public until July 1, 2027. 37 (5) By January 1, 2026, the department, in consultation 38 with the Department of Health, shall use existing information to 39 identify and assess the hazards of chemicals or chemical classes 40 that can provide the same or similar function in cosmetics as 41 the chemicals or chemical classes listed in subsection (2). The 42 department shall make the information publicly available on its 43 website. 44 (6) The chemicals in subsection (2) are prohibited in 45 cosmetics regardless of whether the product also contains drug 46 ingredients regulated by the United States Food and Drug 47 Administration. 48 (7) A violation of this section is grounds for disciplinary 49 action under s. 499.066. 50 (8) This section does not apply to ingredients regulated as 51 drugs by the United States Food and Drug Administration. 52 (9) The department shall adopt rules necessary to implement 53 this section. 54 (a) The department’s determinations of chemicals that 55 release formaldehyde must be adopted by rule. The department 56 shall identify a list of chemicals used in cosmetics which 57 release formaldehyde which are subject to restriction under this 58 chapter. In establishing this list, the department shall 59 consider the following: 60 1. Estimated prevalence of use. 61 2. Potential to reduce disproportionate exposure. 62 3. Other information deemed relevant by the department. 63 (b) The department may identify for restriction an initial 64 set of no more than 10 of the listed chemicals used in cosmetics 65 which release formaldehyde. This restriction must take effect on 66 or after July 1, 2026. 67 (c) Restrictions on any remaining listed chemicals used in 68 cosmetics which release formaldehyde may take effect on or after 69 July 1, 2027. 70 (d) In adopting rules under this section, the department 71 shall engage with relevant stakeholders for their expertise and 72 input. The stakeholder process must include, but is not limited 73 to, soliciting input from representatives from independent 74 cosmetologists, businesses offering cosmetology services, such 75 as beauty salons, and manufacturers of cosmetics. The input 76 received from stakeholders must be considered when adopting 77 rules. 78 79 ================= T I T L E A M E N D M E N T ================ 80 And the title is amended as follows: 81 Delete lines 2 - 8 82 and insert: 83 An act relating to chemicals in consumer products; 84 amending s. 499.003, F.S.; revising the definition of 85 the term “drug”; defining the term “vaccine or vaccine 86 material”; amending s. 499.007, F.S.; deeming a drug 87 misbranded if it is a food containing a vaccine or 88 vaccine material, but its label does not include 89 specified information; creating s. 499.0095, F.S.; 90 defining terms; prohibiting, beginning on a specified 91 date, the manufacture, sale, offer or distribution for 92 sale, or distribution for use of cosmetics that 93 contain specified add ed chemical ingredients; 94 providing an exception; requiring the Department of 95 Business and Professional Regulation (DBPR), in 96 consultation with the Department of Health, to make 97 certain determinations and make the information 98 publicly available on its website by a specified date; 99 providing construction; providing for disciplinary 100 action; providing applicability; requiring DBPR to 101 adopt rules; specifying requirements for the adoption 102 of such rules; amending