21 USC 379s - Preemption for labeling or packaging of cosmetics

U.S Code last checked for updates: Nov 22, 2024

§ 379s.

Preemption for labeling or packaging of cosmetics

(a)

In general

(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

(d)

No effect on product liability law

(e)

State initiative

(June 25, 1938, ch. 675, § 752, as added Pub. L. 105–115, title IV, § 412(d), Nov. 21, 1997, 111 Stat. 2376.)

cite as: 21 USC 379s