HB3409eng 104TH GENERAL ASSEMBLY

HB3409 Engrossed LRB104 09667 BDA 19733 b

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Chemicals in Cosmetic Products Act.

Section 5. Purpose. The Act is intended to prohibit, except under certain circumstances, a person from knowingly manufacturing, selling, delivering, holding, or offering for sale in the State a cosmetic product that contains certain ingredients. This Act is intended to be consistent with the prohibition on the presence of the same intentionally added ingredients in cosmetics enacted by the European Union under European Parliament and Council Regulation No. 1223/2009 and subsequent amendments.

Section 10. Definitions. In this Act:

"Chemical Abstracts Service number" or "CAS no." means a unique numerical identifier assigned to a chemical substance by the Chemical Abstracts Service, a division of the American Chemical Society, allowing for precise identification of a specific chemical regardless of its different names or forms.

"Cosmetic product" means a substance or mixture that is intended to be applied to the human body to clean, change its appearance, or protect it. "Cosmetic product" includes makeup, hair products, nail products, soaps and lotions, tanning products, and perfumes and eau de cologne. "Cosmetic product" includes the definition of "cosmetic" in 21 U.S.C. 321.

"Ingredient" means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product. "Ingredient" does not include an incidental ingredient, as described in 21 CFR 701.3(l).

Section 15. Prohibition; exemptions.

(a) Except as provided in subsection (b) of this Section, a person may not knowingly manufacture, sell, deliver, hold, or offer for sale in the State a cosmetic product that contains any of the following intentionally added ingredients:

(1) Dibutyl phthalate (CAS no. 84-74-2);

(2) Diethylhexyl phthalate (CAS no. 117-81-7);

(3) Formaldehyde (CAS no. 50-00-0);

(4) Paraformaldehyde (CAS no. 30525-89-4);

(5) Methylene glycol (CAS no. 463-57-0);

(6) Quaternium-15 (CAS no. 51229-78-8);

(7) Mercury (CAS no. 7439-97-6);

(8) Isobutylparaben (CAS no. 4247-02-3);

(9) Isopropylparaben (CAS no. 4191-73-5);

(10) m-Phenylenediamine and its salts (CAS no. 108-45-2);

(11) o-Phenylenediamine and its salts (CAS no. 95-54-5); or

(12) the following per- and polyfluoroalkyl substances (PFAS) and their salts:

(A) Perfluorooctane sulfonate (PFOS) or heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1);

(B) Potassium perfluorooctanesulfonate or potassium heptadecafluorooctane-1-sulfonate (CAS no. 2795-39-3);

(C) Diethanolamine perfluorooctane sulfonate (CAS no. 70225-14-8);

(D) Ammonium perfluorooctane sulfonate or ammonium heptadecafluorooctanesulfonate (CAS no. 29081-56-9);

(E) Lithium perfluorooctane sulfonate or lithium heptadecafluorooctanesulfonate (CAS no. 29457-72-5);

(F) Perfluorooctanoic acid (PFOA) (CAS no. 335-67-1);

(G) Ammonium pentadecafluorooctanoate (CAS no. 3825-26-1);

(H) Nonadecafluorodecanoic acid (CAS no. 335-76-2);

(I) Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7);

(J) Sodium nonadecafluorodecanoate (CAS no. 3830-45-3);

(K) Perfluorononanoic acid (PFNA) (CAS no. 375-95-1);

(L) Sodium heptadecafluorononanoate (CAS no. 21049-39-8); or

(M) Ammonium perfluorononanoate (CAS no. 4149-60-4).

(b) A person is not in violation of this Section if the person manufactures, sells, delivers, holds, or offers for sale in the State a cosmetic product that:

(1) was manufactured through a process intended to comply with this Act; and

(2) contains a technically unavoidable trace quantity of an ingredient listed in subsection (a) of this Section due to:

(A) an impurity of a natural or synthetic ingredient;

(B) the manufacturing process;

(C) storage; or

(D) packaging.