§379s — Title 21 Food and Drugs | U.S. Code

Summary

States may not make or keep rules about cosmetic labels or packaging that are different from, add to, or conflict with specific federal rules. The federal Secretary can allow a state rule to stay in place if the state asks and the federal process (with public notice and chance to speak) finds the rule protects an important public interest, does not make the cosmetic break federal law, and does not unfairly hurt trade between states. A “state rule” means any specific rule about the same labeling or packaging issue, including public information or other public communications. This law does not change who can be sued under state product liability rules. It also does not cover state ballot measures adopted before September 1, 1997.

Title 21, §379s

Food and Drugs — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), (d), or (e), no State or political subdivision of a State may establish or continue in effect any requirement for labeling or packaging of a cosmetic that is different from or in addition to, or that is otherwise not identical with, a requirement specifically applicable to a particular cosmetic or class of cosmetics under this chapter, the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.), or the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.).

(b)Upon application of a State or political subdivision thereof, the Secretary may by regulation, after notice and opportunity for written and oral presentation of views, exempt from subsection (a), under such conditions as may be prescribed in such regulation, a State or political subdivision requirement for labeling or packaging that—

(1)protects an important public interest that would otherwise be unprotected;

(2)would not cause a cosmetic to be in violation of any applicable requirement or prohibition under Federal law; and

(3)would not unduly burden interstate commerce.

(c)For purposes of subsection (a), a reference to a State requirement that relates to the packaging or labeling of a cosmetic means any specific requirement relating to the same aspect of such cosmetic as a requirement specifically applicable to that particular cosmetic or class of cosmetics under this chapter for packaging or labeling, including any State requirement relating to public information or any other form of public communication.

(d)Nothing in this section shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any State.

(e)This section shall not apply to a State requirement adopted by a State public initiative or referendum enacted prior to September 1, 1997.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Poison Prevention Packaging Act of 1970, referred to in subsec. (a), is Pub. L. 91–601, Dec. 30, 1970, 84 Stat. 1670, which is classified principally to chapter 39A (§ 1471 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 1471 of Title 15 and Tables. The Fair Packaging and Labeling Act, referred to in subsec. (a), is Pub. L. 89–755, Nov. 3, 1966, 80 Stat. 1296, which is classified generally to chapter 39 (§ 1451 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 1451 of Title 15 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Nov. 21, 1997, except as otherwise provided, see section 501 of Pub. L. 105–115, set out as an

Effective Date

of 1997 Amendment note under section 321 of this title.

§379s Preemption for Labeling or Packaging of Cosmetics

Summary

Title 21, §379s

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References in Text

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