# How does the law affect us?



## cjhays (Aug 6, 2010)

OK so I read that one that congress is trying to pass.  How does it affect us has it already affected us?  I am kinda concerned that I sholuldn't go the the craft fair that i was going to go to because of this???  Does anyone know a good disclaimer that I should have around my booth?  What do you all use to protect yourself at festivals/fairs and stuff?  THANKS in advance


----------



## carebear (Aug 6, 2010)

Protect yourself?  From what?  Not sure what you mean.  

As you have stated, the law hasn't been passed yet.  And I don't think there are any "disclaimers" necessary - or appropriate.

This aside, are you saying (correct me if you aren't!) that the soaps you are just learning to make will be for sale at the market soon?


----------



## Best Natural Soap (Aug 6, 2010)

Thanks so much for asking about this! 

The bill I think you're referencing, is HR 5786, The Safe Cosmetics Act of 2010. It was introduced in congress on July 20. Coincidentally, a YouTube video was posted the same day, titled "The Story of Cosmetics." It owes it's production to Stacy Malkin, co-founder of a lobbying group called The Campaign for Safe Cosmetics. The law seeks to reform current FDA regulations concerning cosmetic products. 

You don't need to do anything special, because as carebear pointed out, it is only a bill, and not yet required regulation. 

However, I would suggest becoming informed about it, because it will effect you and your business, and ultimately your customers. 

Stacy Malkin had posted an article on The Huffington Post about why she created the video. I found her article when I was searching on google for blogs related to HR 5786, NOT, as has been implied, because I get my news from Huffington. Huffington is more concerned with opinion than anything.

However, in her statement, Ms. Malkin CORRECTLY identifies that we need to do something about getting toxic chemicals out of cosmetics. Their safety is questionable, and many ingredients exist that would be good replacements. 

Unfortunately, well meaning people think that because of that need, to make our cosmetics safe, we should therefore support the proposed legislation. 
The problem, though, is that the legislation does little to get crud out of products. 

Instead, it outlines steps all makers of cosmetics will be required to go through in order to sell their products. These include:
- reporting gross sales.
-reporting number of employees
-reporting suppliers names and addresses.
-reporting any changes to those, within 60 days of the change. 
-testing of each formulated product to ensure safety. 
-listing every ingredient in the product, as well as all trace ingredients, down to nanometers... 

Problems with this: 
-We already report sales, employees on our taxes. Why should we have to report separately to the FDA?
-many of us change suppliers as we experience out of stocks, discontinued items, etc. or, simply when we use a new essential oil. The reporting requirement demands we report these changes within 60 days to the FDA. If we fail to do so, we can lose our registration and essentially be shut down.
-reporting batch numbers of our supplies may help the FDA with a papertrail should there be reports of contamination, but it really shouldn't be there concern. Our suppliers should be keeping track of their batch numbers, and so should we. I don't feel the government needs to be handling this.
-testing each product we make will be overly cost prohibitive for small businesses. 
-reporting ingredients down to nanometers will create ingredient lists that are pages long, will confuse customers, and cause needless worry. (for example, water can contain arsenic and lead, but still be considered safe. under this law, each trace element found in your water needs to be reported. Will consumers want a product with arsenic on the label?). 

So, basically, there is a whole lot of reporting going on, and I don't think the FDA will be able to keep up with any of it. I always question when more of my liberty is put under the supervision of the government. The costs that all of these regulations will create, will trickle down from big companies, to suppliers, to us, to our customers. 

I don't think the legislation will pass because there are too many issues with it, and it will ultimately hurt small business. It is currently in committee, and members of many small business networks have been actively working with our representatives to kill the bill.

While the intention of it is a good one, it is just too much regulation all at once. 

Many people think that if you're doing things right, and make a safe product, you shouldn't have to worry about this bill. It is not about worrying about it. It is about how much regulation you will be subjected to if it passes, the amount of reporting you will have to do, the amount of testing you will be required to do, etc. 

So that's my 20 cents!! I have written several articles that are currently posted at a congressional website as "highest rated" articles. I have been contacted by news channels as well. Everyone is waiting to see how it fares in committee. 

Even though I oppose the legislation, I do not oppose safe cosmetics or better legislation to ensure them. I sell products that are safe, and made to our industry's standards, and I also carry product liability insurance. 

The link to oppose is here: http://www.thepetitionsite.com/1/oppose ... ct-of-2010

If you'd like to read more about it, and what other indie cosmetic makers are saying, try this site, created by the Indie Business Network, http://opposesca.com

Thanks for your interest!


----------



## carebear (Aug 7, 2010)

This is a good read: http://www.craftserver.com/forums/showt ... hp?t=92790

I have yet to find anything saying that we need to test each batch - if you have that located please let me know where.  Same goes with reporting the batch numbers of the ingredients.  I read through the proposed legislation a few times but didn't see these parts so please help me out here.  Make sure you are in the most current iteration.

I do think the legislation needs to be reworked, but I don't disagree with it on principle.  More paperwork and more challenging labeling (which I anticipate being changed somewhat), though, yes.  Increased costs for our supplies, perhaps.


----------



## Tabitha (Aug 7, 2010)

Like carebear said, it does not affect us yet. Like all bills it will be worked and reworked until it is suitable.

I would also like to encourage everyone to read the entire bill. When a quote or two is pulled out of context or 'para-phrased', it can be made to say anything.

I am of the opinion that the majority of serious, legitimate soapmakers are already doing the majority of the things listed in the bill.

Don't buy into the hysteria, read it for yourself,  it will be OK.


----------



## Best Natural Soap (Aug 7, 2010)

I agree. Don't buy into the hysteria. Read the bill. 

I have now read the complete bill several times. I hope everyone in this forum will at least read it once.

In the first section I cut and pasted, section 1- E) and 2- B) will likely be new to most of us.

I updated my previous post to delete the supplier's batch number reporting. The section I, and others believe requires this, is vague. It is in section 614, and requires the reporting of "any information used to substantiate the safety of" each ingredient or cosmetic, that was not already submitted. Would not a batch number be part of "any information used to substantiate the safety of" our suppliers' ingredients? 

The bill is "about 47 pages," per opencongress, and I've cut and pasted from the only available version on that site, which is as it was presented to the 111th Congress, 2d., on July 20, 2010.

The full text is available at http://opencongress.org
****************************************************
This is the section pertaining to reporting suppliers:
****************************************************

‘(c) Submission of Registration-CommentsClose CommentsPermalink

      ‘(1) IN GENERAL- An establishment (referred to in this section as the ‘registrant’) shall submit a registration under subsection (b) to the Secretary containing, with respect to any cosmetics that the establishment manufactures, packages, or distributes--CommentsClose CommentsPermalink

            ‘(A) any information necessary to notify the Secretary of the name and address of each establishment at which, and all trade names under which, the registrant manufactures, packages, or distributes cosmetics;CommentsClose CommentsPermalink

            ‘(B) a description of the establishment’s activities with respect to cosmetics;CommentsClose CommentsPermalink

            ‘(C) the number of workers employed at the establishment;CommentsClose CommentsPermalink

            ‘(D) the gross receipts of sales; andCommentsClose CommentsPermalink

            ‘(E) the name and address of any company that supplies the establishment, if the establishment manufactures cosmetics, with any ingredient (including preservatives, fragrances, or any other chemical component of a finished cosmetic product) and the name of the ingredient supplied to such establishment by such supplier.CommentsClose CommentsPermalink

      ‘(2) NOTIFICATION OF CHANGES-CommentsClose CommentsPermalink

            ‘(A) IN GENERAL- The registrant shall notify the Secretary in a timely manner of changes to the information described in paragraph (1).CommentsClose CommentsPermalink

            ‘(B) DEADLINE FOR CERTAIN CHANGES- The registrant shall notify the Secretary of any change in the products, function, or legal status of each establishment at which the registrant manufactures, packages, or distributes cosmetics (including cessation of business activities) not later than 60 days after the date of such change.CommentsClose CommentsPermalink

‘(d) Procedure- Upon receipt of a completed registration submitted under subsection (b), the Secretary shall notify the registrant of the receipt of such registration and assign a registration number to each registered establishment.CommentsClose CommentsPermalink

‘(e) List of Registered Establishments-CommentsClose CommentsPermalink

      ‘(1) MAINTENANCE OF LIST- The Secretary shall compile and maintain an up-to-date list of establishments that are registered under this section.CommentsClose CommentsPermalink

      ‘(2) REMOVAL AND SUSPENSION- The Secretary shall remove from the list under paragraph (1) the name of any establishment that fails to reregister in accordance with this section and shall treat such removal as a suspension of the establishment’s registration.

********************************************
This section is in regards to furnishing all information available about your ingredients, and testing of your finished products:
***********************************************

‘(a) Publicly Available Cosmetic and Ingredient Test Data-CommentsClose CommentsPermalink

      ‘(1) SUBMISSION OF INFORMATION-CommentsClose CommentsPermalink

            ‘(A) INITIAL SUBMISSION- Not later than 1 year after the date of the enactment of the Safe Cosmetics Act of 2010, manufacturers and distributors of cosmetics and ingredients shall submit to the Secretary (in an electronic format that the Secretary shall determine) all reasonably available information in the possession or control of the manufacturer or distributor that has not previously been submitted to the Secretary regarding the physical, chemical, and toxicological properties of single or multiple chemicals listed on the cosmetic labels under section 613, including--CommentsClose CommentsPermalink

                  ‘(i) functions and uses;CommentsClose CommentsPermalink

                  ‘(ii) exposure and fate information;CommentsClose CommentsPermalink

                  ‘(iii) tests of finished cosmetics; andCommentsClose CommentsPermalink

                  ‘(iv) any other information used to substantiate the safety of such cosmetics or ingredients.


----------



## carebear (Aug 7, 2010)

Best Natural Soap said:
			
		

> The section I, and others believe requires this, is vague. It is in section 614, and requires the reporting of "any information used to substantiate the safety of" each ingredient or cosmetic, that was not already submitted. Would not a batch number be part of "any information used to substantiate the safety of" our suppliers' ingredients?


No, I don't believe it would, tho as you said the section is too vague.

I am NOT fond of HR5786.  I think it's poorly written and requires an absurd level of government involvement and forms and such.  I think the idea behind it, though, is sound.

I think the law is reactionary and absurd as written.  And here's a well thought out rebuttal: [ame="http://www.youtube.com/watch?v=RxO3bPNyWzo&feature=channel"]http://www.youtube.com/watch?v=RxO3bPNy ... re=channel[/ame] to it in GENERAL.


----------



## paillo (Aug 24, 2010)

extremely helpful and informative post, thank you!!!!


----------

