Cosmetic ingredient laws in Colorado

[HB22-1345, sec. 1 - C.R.S. 25-15-603 excerpts; capitals = new law as enacted:]

(5) (a) "COSMETIC" MEANS A PRODUCT THAT IS INTENDED TO BE RUBBED OR INTRODUCED INTO; POURED, SPRINKLED, OR SPRAYED ON; OR OTHERWISE APPLIED TO THE HUMAN BODY FOR CLEANING, CLEANSING, BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR ALTERING THE APPEARANCE. (b) "COSMETIC" INCLUDES A SKIN MOISTURIZER, PERFUME, LIPSTICK, NAIL POLISH, EYE OR FACIAL MAKEUP PREPARATION, SHAMPOO, CONDITIONER, PERMANENT WAVE, HAIR DYE, AND DEODORANT. (c) "COSMETIC" DOES NOT INCLUDE A PRODUCT THAT REQUIRES A PRESCRIPTION FOR DISTRIBUTION OR DISPENSATION. (d) (I) "COSMETIC" DOES NOT INCLUDE HYDROFLUOROOLEFINS USED AS PROPELLANTS IN COSMETICS. (II) THIS SUBSECTION (5)(d) IS REPEALED EFFECTIVE JANUARY 1, 2027.

(12) (a) "INTENTIONALLY ADDED PFAS CHEMICALS" MEANS PFAS CHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE PRODUCT. (b) "INTENTIONALLY ADDED PFAS CHEMICALS" INCLUDES PFAS CHEMICALS THAT ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDED CHEMICAL.

(14) (a) "MANUFACTURER" MEANS THE PERSON THAT MANUFACTURES OR ASSEMBLES A PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO A PRODUCT. (b) "MANUFACTURER" INCLUDES, IF A PRODUCT IS IMPORTED INTO THE UNITED STATES AND THE MANUFACTURER DOES NOT HAVE A PRESENCE IN THE UNITED STATES, THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT.

(19) "PFAS CHEMICALS" HAS THE MEANING SET FORTH IN SECTION 25-5-1302 (7).

(20) (a) "PRODUCT" MEANS AN ITEM THAT IS MANUFACTURED, ASSEMBLED, OR OTHERWISE PREPARED FOR SALE OR DISTRIBUTION TO CONSUMERS AND THAT IS SOLD OR DISTRIBUTED FOR PERSONAL, RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USE, INCLUDING FOR USE IN MAKING OTHER PRODUCTS. (b) "PRODUCT" INCLUDES ANY PRODUCT COMPONENTS. (c) "PRODUCT" DOES NOT INCLUDE: (I) DRUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE; OR (II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS; OR (III) PACKAGING USED FOR THE PRODUCTS DESCRIBED IN SUBSECTIONS (20)(c)(I) AND (20)(c)(II) OF THIS SECTION. (d) "PRODUCT" DOES NOT INCLUDE A USED PRODUCT OFFERED FOR SALE OR RESALE.

(22) "PRODUCT COMPONENT" MEANS AN IDENTIFIABLE COMPONENT OF A PRODUCT, REGARDLESS OF WHETHER THE MANUFACTURER OF THE PRODUCT IS THE MANUFACTURER OF THE COMPONENT.

(3) ON AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS: (a) COSMETICS; (b) INDOOR TEXTILE FURNISHINGS; AND (c) INDOOR UPHOLSTERED FURNITURE.

[HB19-1279 - C.R.S. 25-5-1302(7):]

(7) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS CHEMICALS" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM.

[SB24-081, sec. 3 - amendment to 25-15-603(20)(c) (PDF text layer merges stricken and inserted words; capitals = inserted):]

(20) (c) "Product" does not include: (I) Drugs, medical devices, biologics, or diagnostics approved or authorized USED IN A MEDICAL SETTING OR IN MEDICAL APPLICATIONS REGULATED by the federal food and drug administration; or the federal department of agriculture; or (II) Veterinary pesticide AND PARASITICIDE products approved by the federal environmental protection agency OR THE FEDERAL DEPARTMENT OF AGRICULTURE for use in animals; or (II.5) BIOLOGICS OR DIAGNOSTICS APPROVED BY THE FEDERAL DEPARTMENT OF AGRICULTURE FOR USE IN A VETERINARY SETTING OR IN VETERINARY APPLICATIONS; OR (III) Packaging used for the products described in subsections (20)(c)(I), and (20)(c)(II), OR (20)(c)(II.5) of this section.

[HB22-1345, sec. 1 - C.R.S. 25-15-603 excerpts; capitals = new law as enacted:]

(5) (a) "COSMETIC" MEANS A PRODUCT THAT IS INTENDED TO BE RUBBED OR INTRODUCED INTO; POURED, SPRINKLED, OR SPRAYED ON; OR OTHERWISE APPLIED TO THE HUMAN BODY FOR CLEANING, CLEANSING, BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR ALTERING THE APPEARANCE. (b) "COSMETIC" INCLUDES A SKIN MOISTURIZER, PERFUME, LIPSTICK, NAIL POLISH, EYE OR FACIAL MAKEUP PREPARATION, SHAMPOO, CONDITIONER, PERMANENT WAVE, HAIR DYE, AND DEODORANT. (c) "COSMETIC" DOES NOT INCLUDE A PRODUCT THAT REQUIRES A PRESCRIPTION FOR DISTRIBUTION OR DISPENSATION. (d) (I) "COSMETIC" DOES NOT INCLUDE HYDROFLUOROOLEFINS USED AS PROPELLANTS IN COSMETICS. (II) THIS SUBSECTION (5)(d) IS REPEALED EFFECTIVE JANUARY 1, 2027.

(12) (a) "INTENTIONALLY ADDED PFAS CHEMICALS" MEANS PFAS CHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE PRODUCT. (b) "INTENTIONALLY ADDED PFAS CHEMICALS" INCLUDES PFAS CHEMICALS THAT ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDED CHEMICAL.

(14) (a) "MANUFACTURER" MEANS THE PERSON THAT MANUFACTURES OR ASSEMBLES A PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO A PRODUCT. (b) "MANUFACTURER" INCLUDES, IF A PRODUCT IS IMPORTED INTO THE UNITED STATES AND THE MANUFACTURER DOES NOT HAVE A PRESENCE IN THE UNITED STATES, THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT.

(19) "PFAS CHEMICALS" HAS THE MEANING SET FORTH IN SECTION 25-5-1302 (7).

(20) (a) "PRODUCT" MEANS AN ITEM THAT IS MANUFACTURED, ASSEMBLED, OR OTHERWISE PREPARED FOR SALE OR DISTRIBUTION TO CONSUMERS AND THAT IS SOLD OR DISTRIBUTED FOR PERSONAL, RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USE, INCLUDING FOR USE IN MAKING OTHER PRODUCTS. (b) "PRODUCT" INCLUDES ANY PRODUCT COMPONENTS. (c) "PRODUCT" DOES NOT INCLUDE: (I) DRUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE; OR (II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS; OR (III) PACKAGING USED FOR THE PRODUCTS DESCRIBED IN SUBSECTIONS (20)(c)(I) AND (20)(c)(II) OF THIS SECTION. (d) "PRODUCT" DOES NOT INCLUDE A USED PRODUCT OFFERED FOR SALE OR RESALE.

(22) "PRODUCT COMPONENT" MEANS AN IDENTIFIABLE COMPONENT OF A PRODUCT, REGARDLESS OF WHETHER THE MANUFACTURER OF THE PRODUCT IS THE MANUFACTURER OF THE COMPONENT.

(3) ON AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS: (a) COSMETICS; (b) INDOOR TEXTILE FURNISHINGS; AND (c) INDOOR UPHOLSTERED FURNITURE.

[HB19-1279 - C.R.S. 25-5-1302(7):]

(7) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS CHEMICALS" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM.

[SB24-081, sec. 3 - amendment to 25-15-603(20)(c) (PDF text layer merges stricken and inserted words; capitals = inserted):]

(20) (c) "Product" does not include: (I) Drugs, medical devices, biologics, or diagnostics approved or authorized USED IN A MEDICAL SETTING OR IN MEDICAL APPLICATIONS REGULATED by the federal food and drug administration; or the federal department of agriculture; or (II) Veterinary pesticide AND PARASITICIDE products approved by the federal environmental protection agency OR THE FEDERAL DEPARTMENT OF AGRICULTURE for use in animals; or (II.5) BIOLOGICS OR DIAGNOSTICS APPROVED BY THE FEDERAL DEPARTMENT OF AGRICULTURE FOR USE IN A VETERINARY SETTING OR IN VETERINARY APPLICATIONS; OR (III) Packaging used for the products described in subsections (20)(c)(I), and (20)(c)(II), OR (20)(c)(II.5) of this section.