HOUSE BILL NO. 5406

January 23, 2020, Introduced by Reps. Pohutsky, LaGrand, Haadsma, Tyrone Carter, Whitsett, Coleman, Cynthia Johnson, Garza, Hood, Kennedy, Stone, Rabhi, Yancey, Ellison, Sneller, Tate, Bolden, Anthony, Manoogian, Cherry, Hope, Kuppa, Brixie, Sowerby, Sabo, Brenda Carter, Hammoud, Peterson, Lasinski, Wittenberg, Warren, Hoadley and Jones and referred to the Committee on Regulatory Reform.

"Public health code,"

(MCL 333.1101 to 333.25211) by adding part 55b.

the people of the state of michigan enact:

PART 55B. TOXIC SUBSTANCES IN COSMETICS

Sec. 5591. (1) As used in this part:

(a) "Adulterated cosmetic" means a cosmetic that contains any of the following ingredients:

(i) Asbestos.

(ii) Lead.

(iii) Dibutyl phthalate.

(iv) Diethylhexyl phthalate.

(v) Formaldehyde.

(vi) Formaldehyde releasers.

(vii) Mercury and related compounds.

(viii) Isobutylparaben.

(ix) Isopropylparaben.

(x) Butylparaben.

(b) "Cosmetic" means an article, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or a part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. Cosmetic does not include soap.

(c) "Manufacture" means the preparation, compounding, propagation, processing, or fabrication of a cosmetic. Manufacture includes repackaging or otherwise changing the container, wrapper, or labeling of a cosmetic in furtherance of the distribution of the cosmetic. Manufacture does not include repackaging from a bulk container by a retailer at the time of sale to its ultimate consumer.

(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 51 contains definitions applicable to this part.

Sec. 5592. A person shall not sell, offer for sale, manufacture, or transfer to any person an adulterated cosmetic in this state.

Sec. 5593. A person who violates this part may be ordered to pay a civil fine of not more than $1,000.00 for each day that the violation continues. A violation of this part may be prosecuted by the prosecutor of the county in which the violation occurred or by the attorney general.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.