21 U.S.C. § 379s | Preemption for labeling or packaging of cosmetics

(a)

In general

15 U.S.C. 1471 15 U.S.C. 1451Except 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 ( et seq.), or the Fair Packaging and Labeling Act ( et seq.).

(b)

Exemption

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)

Scope

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)

No effect on product liability law

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)

State initiative

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

June 25, 1938, ch. 675, § 752 Pub. L. 105–115, title IV, § 412(d)Nov. 21, 1997111 Stat. 2376(, as added , , .)

Editorial Notes

References in Text

Pub. L. 91–601Dec. 30, 197084 Stat. 1670 section 1471 of Title 15The Poison Prevention Packaging Act of 1970, referred to in subsec. (a), is , , , 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 and Tables.

Pub. L. 89–755Nov. 3, 196680 Stat. 1296 section 1451 of Title 15The Fair Packaging and Labeling Act, referred to in subsec. (a), is , , , 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 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Nov. 21, 1997section 501 of Pub. L. 105–115 section 321 of this titleSection effective 90 days after , except as otherwise provided, see , set out as an Effective Date of 1997 Amendment note under .