Section 1 Short title
This Act may be cited as the “Cosmetic Safety for Communities of Color and Professional Salon Workers Act of 2023”.
Cosmetic Safety for Communities of Color and Professional Salon Workers Act of 2023
A BILL
To amend the Public Health Service Act with respect to cosmetic safety, with an emphasis on communities of color and professional salon workers, and for other purposes.
Sec. 2 Table of contents
The table of contents of this Act is as follows:
Sec. 3 Research on health disparities impacting communities of color
Part P of title III of the Public Health Service Act (42 U.S.C. 280 et seq.) is amended by adding at the end the following:
“399V–8. Research on health disparities related to cosmetics impacting communities of color
“(a) In general—The Secretary shall—
“(1) conduct, or award grants for, research, including community-based participatory research, relating to epidemiological, clinical, ecological, and social scientific investigations into—
“(A) the chemicals that are linked to adverse health effects and most commonly found in cosmetics marketed to women and girls of color, including beauty, personal hygiene, and intimate care products;
“(B) the use of cosmetics containing such chemicals by women and girls of color across their lifespans;
“(C) the specific adverse health effects experienced by women and girls of color from exposure to unsafe chemicals present in cosmetics used by them; and
“(D) interventions that reduce exposure to, or harm done by exposure to, unsafe chemicals present in cosmetics used by women and girls of color; and
“(2) disseminate the results of the investigations conducted or supported under paragraph (1) to help communities of color identify and address potentially unsafe chemical exposures in the use of cosmetics.
“(b) Report—Not later than 5 years after awarding the first grant under subsection (a), the Secretary shall make publicly available on the website of the Department of Health and Human Services and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of the investigations conducted or supported under subsection (a), including—
“(1) summary findings on—
“(A) marketing strategies, product categories, and specific cosmetics containing chemicals linked to adverse health effects; and
“(B) the demographics of the populations marketed to and using these cosmetics; and
“(2) recommended public health information strategies to reduce potentially unsafe exposures from cosmetics.
“(c) Eligibility—To be eligible to receive a grant under subsection (a), an eligible entity shall be any of the following:
“(1) An accredited institution of higher education.
“(2) A community-based organization.
“(3) A nongovernmental organization with expertise working with communities of color.
“(d) Authorization of appropriations—To carry out this section, there is authorized to be appropriated $7,500,000, for the period of fiscal years beginning with the fiscal year including the date of enactment of this section and running through the fifth fiscal year commencing after such date of enactment.”
Sec. 4 Research on health concerns impacting professional nail, hair, and beauty salon workers
Part P of title III of the Public Health Service Act (42 U.S.C. 280 et seq.), as amended by section 3, is further amended by adding at the end the following:
“399V–9. Research on health concerns impacting professional nail, hair, and beauty salon workers
“(a) In general—The Secretary shall—
“(1) conduct, or award grants for, research, including community-based participatory research, relating to epidemiological, clinical, ecological, and social scientific investigations into—
“(A) the chemicals that are linked to adverse health effects and most commonly found in cosmetics used by professional nail, hair, and beauty salon workers;
“(B) the types and categories of professional salon products containing such chemicals and the availability of safer alternatives;
“(C) the specific adverse health effects experienced by professional nail, hair, and beauty salon workers from exposure to unsafe chemicals present in cosmetics used in nail, hair, and beauty salons; and
“(D) interventions that reduce exposure to, or harm done by exposure to, unsafe chemicals present in cosmetics used in nail, hair, and beauty salons; and
“(2) disseminate the results of the investigations conducted or supported under paragraph (1) to help professional nail, hair, and beauty salon workers identify and eliminate potentially unsafe chemical exposures in their workplace.
“(b) Eligibility—To be eligible to receive a grant under subsection (a), an entity shall be any of the following:
“(1) An accredited institution of higher education.
“(2) A community-based organization.
“(3) A nongovernmental organization with expertise working with communities of color or immigrant populations.
“(c) Report—Not later than 5 years after awarding the first grant under this section, the Secretary shall make publicly available and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of the investigations conducted or supported under subsection (a), including—
“(1) summary findings, with respect to professional nail, hair, and beauty salon workers, on—
“(A) chemicals of concern and products and product categories containing ingredients linked to adverse health effects; and
“(B) the demographics of the populations using these products and product categories; and
“(2) recommended occupational health information strategies for professional nail, hair, and beauty salon workers to reduce potentially unsafe exposures to cosmetics.
“(d) Definition—In this section, the term salon worker means a licensed or nonlicensed cosmetologist, nail technician, barber, or esthetician who applies or administers a cosmetic within the scope of their business practices.
“(e) Authorization of appropriations—To carry out this section, there is authorized to be appropriated $7,500,000, for the period of fiscal years beginning with the fiscal year including the date of enactment of this section and running through the fifth fiscal year commencing after such date of enactment.”
Sec. 5 Support for creating safer alternatives
In general— The Secretary of Health and Human Services (in this section referred to as the “Secretary”), acting through the Commissioner of Food and Drugs, in consultation with the Administrator of the Environmental Protection Agency, shall award grants to support research focused on the design of cosmetic chemicals that have no inherent toxicity or association with adverse health effects.
Priority— In awarding grants under subsection (a), the Secretary shall give priority to applicants proposing to focus on—
replacing chemicals in professional cosmetic products used by professional nail, hair, and beauty salon workers with chemicals that are not associated with adverse health events;
replacing chemicals in cosmetic products marketed to women and girls of color, including any such beauty, personal hygiene, and intimate care products, with chemicals that are not associated with adverse health events; or
providing assistance in creating safer product formulations to minority-owned cosmetic companies that are manufacturing and marketing cosmetic products to women or girls of color or professional nail, hair, and beauty salon workers.
Definition— In this section, the term salon worker means a licensed or nonlicensed cosmetologist, nail technician, barber, or esthetician who applies or administers a cosmetic within the scope of their business practices.
Authorization of appropriations— To carry out this section, there is authorized to be appropriated $10,000,000 for the period of fiscal years beginning with the fiscal year including the date of enactment of this section and running through the fifth fiscal year commencing after such date of enactment.
Sec. 6 National Resource Center on Beauty Justice
In general— The Secretary of Health and Human Services, acting through the Deputy Assistant Secretary for Minority Health, shall award a grant to an eligible entity to establish a National Resource Center on Beauty Justice for the purpose of addressing unsafe cosmetic chemical exposures experienced by—
women and girls of color;
men and boys of color;
immigrant populations;
language minorities;
the LGBTQIA community; and
other underserved populations as determined appropriate by the Deputy Assistant Secretary for Minority Health for purposes of this subsection.
Eligibility— To be eligible to receive a grant under subsection (a), an eligible entity shall be a community-based or other nonprofit organization that—
has a primary focus on eliminating toxic chemical exposures linked to increasing rates of disease; and
works with culturally and linguistically diverse minority communities, including populations traditionally underserved due to—
their immigration status;
geographic location;
sexual orientation;
gender identity; or
language barriers.
Use of funds— The National Resource Center on Beauty Justice funded through this section shall use such funds to carry out activities and initiatives that are for the purpose described in subsection (a) and driven by the needs, opportunities, and priorities of communities of color, which may include activities and initiatives designed to—
conduct community outreach and organizing and develop community-based interventions that empower and equip communities of color with the information they need to select safe, non-toxic cosmetics;
develop and implement outreach, awareness, and education strategies targeted at women and girls of color, men and boys of color, immigrant populations, language minorities, and other underserved populations, to decrease unsafe cosmetic chemical exposures experienced by these populations;
create or develop collaborative partnerships to educate and train, and create best practices for, relevant stakeholders including nongovernmental organizations, health care professionals, sororities and fraternal organizations, community leaders, professional salon workers, faith leaders, teachers, and leaders from the LGBTQIA community;
develop educational curricula and outreach strategies for middle and high schools and institutions of higher education that include linguistically, culturally, and community relevant content and suggested interventions for youth populations; or
create public education campaigns utilizing culturally and linguistically appropriate images and messaging for targeted populations including community members, youth, health care professionals, salon workers, teachers, and other thought leaders.
Report—
In general— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the recipient of the grant under subsection (a) shall submit an annual report to the Secretary of Health and Human Services and the Congress regarding activities carried out pursuant to the grant and an evaluation of the results of the activities.
Public availability— The Secretary of Health and Human Services, acting through the Deputy Assistant Secretary for Minority Health, shall make each report under paragraph (1) available to the public by posting a copy of the report on the website of the Office of Minority Health.
Authorization of Appropriations— There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2028.
Sec. 7 Translation of and access to safety data sheets
In general— Not later than 18 months after the date of enactment of this Act, the Secretary of Labor shall issue a standard under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) that requires the following:
Each manufacturer or importer selling any cosmetic for professional use shall—
obtain or develop a safety data sheet described in subsection (b) for each such cosmetic that—
the manufacturer or importer produces or imports; and
includes a hazardous chemical, or a product ingredient associated with any chemical hazard, that is classified as a health hazard in accordance with the criteria found in section 1910.1200(d) of title 29 of the Code of Federal Regulations, and any successor regulations; and
make the safety data sheet available on the manufacturer or importer’s website (in addition to any other required manner of making such sheet available) to distributors and employers, including owners of hair, nail, and beauty salons or spas or other establishments that provide cosmetic services for humans, in English, Spanish, Vietnamese, Chinese, Korean, and upon request other languages.
Each distributor of a cosmetic for professional use shall distribute and provide safety data sheets described in subsection (b) in the same manner as a distributor of a chemical hazard is required to distribute and provide safety data sheets under section 1910.1200(g) of title 29, Code of Federal Regulations, or any successor regulations.
Each employer, including any operator of a salon or other establishment described in paragraph (1)(B), shall—
have a safety data sheet in the workplace for each cosmetic for professional use that is used in the course of the employer’s business;
make such safety data sheet available to all employees of the employer who are exposed or use the product to the same extent and in the same manner as safety data sheets are required to be made available under section 1910.1200(g) of title 29, Code of Federal Regulations, or any successor regulations; and
upon request, provide employees with translations of such safety data sheet in other languages, including Spanish, Vietnamese, Chinese, Korean, and upon request other languages.
Contents of safety data sheet— A safety data sheet for a cosmetic for professional use described in this section shall—
contain the information required in a safety data sheet under section 1910.1200(g) of title 29, Code of Federal Regulations, or any successor regulations, for each hazardous chemical, or product ingredient associated with any chemical hazard, described in subsection (a)(1)(A)(ii); and
include the following statement: “This safety data sheet is also available in multiple languages by contacting the manufacturer, using the contact information provided on this sheet.”.
Definitions— In this section:
Ingredient— The term ingredient means an intentionally added chemical in a cosmetic that has a technical or functional effect, including—
the breakdown products of an intentionally added chemical that also have a functional or technical effect in the cosmetic;
a fragrance, flavor, preservative, or colorant (and the components thereof); and
any individual component that the Secretary deems an ingredient for purposes of this section.
Manufacturer— The term manufacturer means the entity that produces ingredients or combines one or more ingredients to produce a cosmetic product.
Professional— The term professional has the meaning given to such term in section 609(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 364e(c)).
Sec. 8 National Resource Center on Salon Worker Health and Safety
In general— The Secretary of Health and Human Services, acting through the Deputy Assistant Secretary for Minority Health, shall award a grant to an eligible entity to establish a National Resource Center on Salon Worker Health and Safety for the purpose of addressing unsafe cosmetic chemical exposures experienced by—
women and girls of color;
men and boys of color;
immigrant populations;
language minorities;
the LGBTQIA community; and
other underserved populations as determined appropriate by the Deputy Assistant Secretary for Minority Health for purposes of this subsection.
Eligibility— To be eligible to receive a grant under subsection (a), an entity shall be a community-based or other nonprofit organization that—
has a primary focus on eliminating toxic chemical exposures linked to increasing rates of disease; and
works with culturally and linguistically diverse minority communities, including populations traditionally underserved due to—
their immigration status;
geographic location;
sexual orientation;
gender identity; or
language barriers.
Use of funds— The National Resource Center on Salon Worker Health and Safety funded through this section shall use such funds to carry out activities and initiatives that are for the purpose described in subsection (a) and driven by the needs, opportunities, and priorities of communities of color, which may include activities and initiatives designed to—
develop and disseminate information, educational resources, training, and technical assistance to diverse populations of salon workers;
conduct culturally appropriate and language-specific salon worker outreach and develop and implement culturally appropriate interventions that empower and equip salon workers with the information they need to select safe, non-toxic hair, nail, and beauty salon products;
create culturally specific outreach strategies, resource materials, training curricula, and training programs to serve, and build the capacity of, community-based organizations seeking to support culturally diverse and language-diverse populations of professional salon workers; or
create or develop collaborative partnerships to create, and educate and train regarding, best practices for health care professionals and other relevant stakeholders to identify and treat the negative health impacts experienced by professional salon workers because of toxic cosmetic chemical exposures.
Report—
In general— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the recipient of the grant under subsection (a) shall submit an annual report to the Secretary of Health and Human Services and the Congress regarding activities carried out pursuant to the grant and an evaluation of the results of the activities.
Public availability— The Secretary of Health and Human Services, acting through the Deputy Assistant Secretary for Minority Health, shall make each report under paragraph (1) available to the public by posting a copy of the report on the website of the Office of Minority Health.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2028.