Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 196
       
       
       
       
       
       
                                Ì783348EÎ783348                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2025           .                                
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       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         499.0095Toxic 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