HB 28: "An Act relating to the disclosure of the ingredients in cosmetics; and providing for an effective date."

00                              HOUSE BILL NO. 28                                                                          
01 "An Act relating to the disclosure of the ingredients in cosmetics; and providing for an                                
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 17.20 is amended by adding a new section to read:                                                  
05 Sec. 17.20.153. Cosmetic ingredients disclosure. (a) A manufacturer of a                                              
06 cosmetic manufactured, distributed, or offered for retail sale in this state shall disclose                             
07 on the manufacturer's Internet website the full list of ingredients in the cosmetic,                                    
08       including the ingredients of fragrances, flavors, and color additives.                                            
09            (b)  The list of ingredients in (a) of this section must list the ingredients in                             
10       descending order of the predominance of each ingredient in the cosmetic, except that a                            
11       manufacturer may list an ingredient without respect to order of predominance if the                               
12       ingredient is present in the cosmetic at a concentration of one percent or less.                                  
13            (c)  A manufacturer shall provide for each cosmetic ingredient the same                                      
14       information that is required under 21 CFR 701.3(c) and shall include the Chemical                                 
01       Abstracts Service number of each ingredient. A manufacturer is not required to list the                           
02       concentration of an ingredient in the product.                                                                    
03    * Sec. 2. AS 17.20.290(a) is amended to read:                                                                      
04            (a)  The following acts and the causing thereof are prohibited:                                              
05                 (1)  the manufacture, or sale, or delivery, holding, or offering of sale of                             
06       food, drug, device, or cosmetic that is adulterated or misbranded;                                                
07                 (2)  the adulteration or misbranding of food, drug, device, or cosmetic;                                
08                 (3)  the receipt in commerce of food, drug, device, or cosmetic that is                                 
09 adulterated or misbranded, and the delivery or proffered delivery of them for pay or                                    
10       otherwise;                                                                                                        
11 (4)  the sale, delivery for sale, holding for sale, or offering for sale of an                                          
12       article in violation of AS 17.20.050 - 17.20.070 and 17.20.100;                                                   
13                 (5)  the dissemination of a false advertisement;                                                        
14 (6)  the refusal to permit entry or inspection, or to permit the taking of a                                            
15       sample, as authorized by AS 17.20.200;                                                                            
16 (7)  the giving of a guaranty or undertaking that is false, except by a                                                 
17 person who relied on a guaranty or undertaking to the same effect signed by and                                         
18 containing the name and address of the person residing in the state from whom the                                       
19 person who relied on the guarantee or undertaking received the food, drug, device, or                                   
20       cosmetic in good faith;                                                                                           
21 (8)  the removal or disposal of a detained or embargoed article in                                                      
22       violation of AS 17.20.230 - 17.20.270;                                                                            
23 (9)  the alteration, mutilation, destruction, obliteration, or removal of                                               
24 the whole or part of the labeling of, or the doing of any other act with respect to, a                                  
25 food, drug, device, or cosmetic, if the act is done while the article is held for sale and                              
26       results in the article being misbranded;                                                                          
27 (10)  forging, counterfeiting, simulating, or falsely representing, or                                                  
28 without proper authority using a mark, stamp, tag, label, or other identification device                                
29       authorized or required by regulations adopted under AS 17.20.230 - 17.20.270;                                     
30 (11)  the using, on the labeling of a drug or in an advertisement relating                                              
31 to a drug, of a representation or suggestion that an application with respect to the drug                               
01       is effective under AS 17.20.110 or that the drug complies with the provisions of that                             
02       section;                                                                                                          
03                 (12)  the sale or offering for sale of frozen fish as fresh fish;                                       
04                 (13)  the improper labeling and drug substitution by pharmacists under                                  
05       AS 17.20.105;                                                                                                 
06                 (14)  a manufacturer failing to comply with the disclosure                                          
07       requirements for cosmetic ingredients under AS 17.20.153.                                                     
08    * Sec. 3. AS 17.20.290(b) is amended to read:                                                                      
09            (b)  The commissioner of environmental conservation or a designee of the                                     
10 commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this                                       
11 section, if the subject of the prohibited act involves food or cosmetics, and the                                       
12 provisions of (a)(12) and (14) of this section. This subsection does not limit the                                  
13       authority of peace officers.                                                                                      
14    * Sec. 4. This Act takes effect July 1, 2018.