Title 21Food and DrugsRelease 119-73

§364 Definitions

Title 21 › Chapter CHAPTER 9— - FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER VI— - COSMETICS › § 364

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in rules about cosmetics. Adverse event: any health problem linked to using a cosmetic. Cosmetic product: a prepared mix of cosmetic ingredients made to a set formula for a finished product. Facility: any place (including importers’ sites) that makes or processes cosmetics sold in the United States, but not places that only do salon services, retail sales, hospitals or clinics, public-health or nonprofit groups giving products directly to consumers, hotels or airlines handing out free toiletries, trade-show sampling, research-only makers, or sites that only label, package, hold, or distribute products; and for that exclusion, “packaging” or “repackaging” does not mean filling a product container. Responsible person: the maker, packer, or distributor whose name is on the product label. Serious adverse event: an adverse event that causes death; a life-threatening experience; inpatient hospitalization; a lasting or major disability; a birth defect; an infection; or major disfigurement (for example, severe long-lasting rashes, 2nd- or 3rd-degree burns, big hair loss, or lasting major change in appearance), or one that needs medical or surgical action to prevent those outcomes.

Full Legal Text

Title 21, §364

Food and Drugs — Source: USLM XML via OLRC

In this subchapter:
(1)The term “adverse event” means any health-related event associated with the use of a cosmetic product that is adverse.
(2)The term “cosmetic product” means a preparation of cosmetic ingredients with a qualitatively and quantitatively set composition for use in a finished product.
(3)(A)The term “facility” includes any establishment (including an establishment of an importer) that manufactures or processes cosmetic products distributed in the United States.
(B)Such term does not include any of the following:
(i)Beauty shops and salons, unless such establishment manufactures or processes cosmetic products at that location.
(ii)Cosmetic product retailers, including individual sales representatives, direct sellers (as defined in section 3508(b)(2) of title 26), retail distribution facilities, and pharmacies, unless such establishment manufactures or processes cosmetic products that are not sold directly to consumers at that location.
(iii)Hospitals, physicians’ offices, and health care clinics.
(iv)Public health agencies and other nonprofit entities that provide cosmetic products directly to the consumer.
(v)Entities (such as hotels and airlines) that provide complimentary cosmetic products to customers incidental to other services.
(vi)Trade shows and other venues where cosmetic product samples are provided free of charge.
(vii)An establishment that manufactures or processes cosmetic products that are solely for use in research or evaluation, including for production testing and not offered for retail sale.
(viii)An establishment that solely performs one or more of the following with respect to cosmetic products:
(I)Labeling.
(II)Relabeling.
(III)Packaging.
(IV)Repackaging.
(V)Holding.
(VI)Distributing.
(C)For the purposes of subparagraph (B)(viii), the terms “packaging” and “repackaging” do not include filling a product container with a cosmetic product.
(4)The term “responsible person” means the manufacturer, packer, or distributor of a cosmetic product whose name appears on the label of such cosmetic product in accordance with section 364e(a) of this title or section 1453(a) of title 15.
(5)The term “serious adverse event” means an adverse event that—
(A)results in—
(i)death;
(ii)a life-threatening experience;
(iii)inpatient hospitalization;
(iv)a persistent or significant disability or incapacity;
(v)a congenital anomaly or birth defect;
(vi)an infection; or
(vii)significant disfigurement (including serious and persistent rashes, second- or third-degree burns, significant hair loss, or persistent or significant alteration of appearance), other than as intended, under conditions of use that are customary or usual; or
(B)requires, based on reasonable medical judgment, a medical or surgical intervention to prevent an outcome described in subparagraph (A).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 364, act June 25, 1938, ch. 675, § 604, 52 Stat. 1055, directed Secretary to promulgate

Regulations

for listing of coal-tar colors for cosmetics, prior to repeal by Pub. L. 86–618, title I, § 103(a)(3),
July 12, 1960, 74 Stat. 398, effective
July 12, 1960. See section 379e of this title.

Statutory Notes and Related Subsidiaries

Construction

Confidentiality Pub. L. 117–328, div. FF, title III, § 3503(c), Dec. 29, 2022, 136 Stat. 5859, provided that: “(1) In general.—The Secretary [of Health and Human Services] shall take appropriate measures to ensure that there are in effect effective procedures to prevent the unauthorized disclosure of any trade secret or confidential commercial information that is obtained by the Secretary of Health and Human Services pursuant to this subtitle [subtitle E (§§ 3501–3508) of title III of div. FF of Pub. L. 117–328, see

Short Title

of 2022 Amendment set out under section 301 of this title], including the

Amendments

made by this subtitle. “(2) Clarification.—Nothing in this subtitle, including the

Amendments

made by this subtitle, shall be construed to authorize the disclosure of information that is prohibited from disclosure under section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) or section 1905 of title 18, United States Code, or that is subject to withholding under section 552(b)(4) of title 5, United States Code.”

Reference

Citations & Metadata

Citation

21 U.S.C. § 364

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73