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21 U.S.C. § 379s — Preemption for labeling or packaging of cosmetics
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1471&num=0&edition=prelim) et seq.), or the Fair Packaging and Labeling Act ([15 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1451&num=0&edition=prelim) 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.
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Source file: Laws/federal/codes/united-states-code/title-21/section-379s-preemption-for-labeling-or-packaging-of-cosmetics--8954118c39.md
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Source location: Title 21, Chapter 9, § 379s; chapter-009-federal-food-drug-and-cosmetic-act.md
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**(a) In general** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1471&num=0&edition=prelim) et seq.), or the Fair Packaging and Labeling Act ([15 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1451&num=0&edition=prelim) 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** This section shall not apply to a State requirement adopted by a State public initiative or referendum enacted prior to September 1, 1997.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this Act—
(1) The term “Commission” means the Consumer Product Safety Commission.
(2) The term “household substance” means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is—
(A) a hazardous substance as that term is defined in [section 1261(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f&num=0&edition=prelim);
(B) a food, drug, or cosmetic as those terms are defined in [section 321 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim); or
(C) a substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house.
(3) The term “package” means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of [section 1473(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1473/a/2&num=0&edition=prelim), also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not include—
(A) any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof, or
(B) any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping.
(4) The term “special packaging” means packaging that is designed or
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1471
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Federal law — U.S. Code and appendices · legal_authorities
Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
**(a)**
(1) The term “State”, except as used in the last sentence of [section 372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section372/a&num=0&edition=prelim), means any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(2) The term “Territory” means any Territory or possession of the United States, including the District of Columbia, and excluding the Commonwealth of Puerto Rico and the Canal Zone.
**(b)** The term “interstate commerce” means (1) commerce between any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Territory not organized with a legislative body.
**(c)** The term “Department” means Department of Health and Human Services.
**(d)** The term “Secretary” means the Secretary of Health and Human Services.
**(e)** The term “person” includes individual, partnership, corporation, and association.
**(f)** The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.
**(g)**
(1) The term “drug” means (A) articles recognized in the official United States Pharmacopoeia,11 So in original. Probably should be “Pharmacopeia,”. official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specif
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No State or political subdivision of a State may establish or continue in effect any law, regulation, order, or other requirement for cosmetics that is different from or in addition to, or otherwise not identical with, any requirement applicable under this subchapter with respect to registration and product listing, good manufacturing practice, records, recalls, adverse event reporting, or safety substantiation.
**(b) Limitation** Nothing in the amendments to this chapter made by the Modernization of Cosmetics Regulation Act of 2022 shall be construed to preempt any State statute, public initiative, referendum, regulation, or other State action, except as expressly provided in subsection (a). Notwithstanding subsection (a), nothing in this section shall be construed to prevent any State from prohibiting the use or limiting the amount of an ingredient in a cosmetic product, or from continuing in effect a requirement of any State that is in effect at the time of enactment of the Modernization of Cosmetics Regulation Act of 2022 for the reporting to the State of an ingredient in a cosmetic product.
**(c) Savings** Nothing in the amendments to this chapter made by the Modernization of Cosmetics Regulation Act of 2022, nor any standard, rule, requirement, regulation, or adverse event report shall be construed to modify, preempt, or displace any action for damages or the liability of any person under the law of any State, whether statutory or based in common law.
**(d) Rule of construction** Nothing in this section shall be construed to amend, expand, or limit the provisions under [section 379s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section379s&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 364j
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Federal law — U.S. Code and appendices · legal_authorities
Page 1410
TITLE 15—COMMERCE AND TRADE
§§ 1411 to 1420
Section 1410a, Pub. L. 89–563, title I, § 124, as added
Pub. L. 93–492, title I, § 106, Oct. 27, 1974, 88 Stat. 1481,
related to petitions of interested persons to commence
proceedings on orders issued under sections 1392 and
1412(b) of this title. See sections 30103 and 30162 of Title
49.
Section 1410b, Pub. L. 89–563, title I, § 125, as added
Pub. L. 93–492, title I, § 109, Oct. 27, 1974, 88 Stat. 1482;
amended S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980,
related to occupant restraint systems. See section 30124
of Title 49.
PART B—DISCOVERY, NOTIFICATION, AND
REMEDY OF MOTOR VEHICLE DEFECTS
§§ 1411 to 1420. Repealed. Pub. L. 103–272, § 7(b),
July 5, 1994, 108 Stat. 1379
Section 1411, Pub. L. 89–563, title I, § 151, as added
Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1470,
related to notification respecting manufacturer’s find-
ing of defect or failure to comply with motor vehicle
safety standard. See section 30118 of Title 49, Transpor-
tation.
Section 1412, Pub. L. 89–563, title I, § 152, as added
Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1470,
related to notification of Secretary’s finding of defect
or failure to comply with motor vehicle safety stand-
ard, publication in Federal Register, and opportunity
to present data, views, and arguments. See section
30118 of Title 49.
Section 1413, Pub. L. 89–563, title I, § 153, as added
Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1471;
amended Pub. L. 97–331, § 4(b), Oct. 15, 1982, 96 Stat. 1620;
Pub. L. 102–240, title II, § 2504(a), Dec. 18, 1991, 105 Stat.
2083, related to contents, time, and method of notifica-
tion regarding manufacturer’s finding of defect or fail-
ure to comply with m
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
Page 1416
TITLE 15—COMMERCE AND TRADE
§ 1461
chapter 2 of this title. For complete classification of
this Act to the Code, see section 58 of this title and Ta-
bles.
The Federal Food, Drug, and Cosmetic Act, referred
to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040,
which is classified generally to chapter 9 (§ 301 et seq.)
of Title 21, Food and Drugs, For complete classification
of this Act to the Code, see section 301 of Title 21 and
Tables.
The Federal Hazardous Substances Labeling Act, re-
ferred to in text, is Pub. L. 86–613, July 12, 1960, 74 Stat.
372, which is classified generally to chapter 30 (§ 1261 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 1261 of this title and Tables.
§ 1461. Effect upon State law
It is hereby declared that it is the express in-
tent of Congress to supersede any and all laws of
the States or political subdivisions thereof inso-
far as they may now or hereafter provide for the
labeling of the net quantity of contents of the
package of any consumer commodity covered by
this chapter which are less stringent than or re-
quire information different from the require-
ments of section 1453 of this title or regulations
promulgated pursuant thereto.
(Pub. L. 89–755, § 12, Nov. 3, 1966, 80 Stat. 1302.)
CHAPTER
39A—SPECIAL
PACKAGING
OF
HOUSEHOLD SUBSTANCES FOR PROTEC-
TION OF CHILDREN
Sec.
1471.
Definitions.
1472.
Special packaging standards.
1472a.
Special packaging for liquid nicotine con-
tainers.
1473.
Conventional packages, marketing.
1474.
Regulations for special packaging standards.
1475.
Repealed.
1476.
Preemption of Federal standards.
1477.
Enforcement by State Attorneys General.
§ 1471. Definitions
For the purpos
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Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 1471. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 628
TITLE 21—FOOD AND DRUGS
§ 379s
§ 379s. Preemption for labeling or packaging of
cosmetics
(a) In general
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 other-
wise not identical with, a requirement specifi-
cally applicable to a particular cosmetic or class
of cosmetics under this chapter, the Poison Pre-
vention 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) Exemption
Upon application of a State or political sub-
division thereof, the Secretary may by regula-
tion, after notice and opportunity for written
and oral presentation of views, exempt from sub-
section (a), under such conditions as may be pre-
scribed in such regulation, a State or political
subdivision requirement for labeling or pack-
aging that—
(1) protects an important public interest
that would otherwise be unprotected;
(2) would not cause a cosmetic to be in viola-
tion of any applicable requirement or prohibi-
tion under Federal law; and
(3) would not unduly burden interstate com-
merce.
(c) Scope
For purposes of subsection (a), a reference to
a State requirement that relates to the pack-
aging or labeling of a cosmetic means any spe-
cific requirement relating to the same aspect of
such cosmetic as a requirement specifically ap-
plicable to that particular cosmetic or class of
cosmetics under this chapter for packaging or
labeling, including any State requirement relat-
ing to public information or any other form of
public communication.
(d) No effect on product liability law
Nothing in this section shall be
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 379s
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