Senate Bill S.1014, the Personal Care Products Safety Act

[Lion Of Judah]

I came across this at another group that i think is a point of interest for U.S Handmade cosmetics and soaps. It was on the Handmade Cosmetic Alliance page, it is about "Senate Bill S.1014, the Personal Care Products Safety Act " :

http://handmadecosmeticalliance.org/PDFs/HCA_Feinstein_Legislation_S.1014.pdf

http://www.soapguild.org/docs/public/2015-04-24-Press-Release-Feinstein-Cosmetic-Leg.pdf

http://cosmeticsandthelaw.com/2015/...the-cosmetics-industry-if-enacted/#more-70498

Petition :
http://handmadecosmeticalliance.org/Contact-Legislators.aspx?mc_cid=6c8949b41c&mc_eid=33fb6b386a

 

[Susie]

You can track it here:

https://www.govtrack.us/congress/bills/114/s1014

 

[kchaystack]

I have already sent the e-versions, but I am also going to print them off and send them hardcopy. Taking the time to actually send letters is supposed to get politicians attention better.

Now, I do not sell. But I think I might just go ahead and register a sole proprietorship (since the letters say I own a company, and I do not like to lie just lye). It might make for a little hassle at tax time - but if I do not make any profit it won't cost me anything really. And if I ever decide to sell, I will have everything ready paperwork wise.

 

[Soapsense]

I received an email from WSP that made it very easy to send a statement to my senator, unfortunately she is Susan Collins.

 

[Lion Of Judah]

Now, I do not sell. But I think I might just go ahead and register a sole proprietorship (since the letters say I own a company, and I do not like to lie just lye). It might make for a little hassle at tax time - but if I do not make any profit it won't cost me anything really. And if I ever decide to sell, I will have everything ready paperwork wise.

i like this idea very much and may use it . i myself do not sell as well , but for the sake of having a voice in these types of issues i may as well go ahead and register a company in name , and who knows maybe it will push me to sell my soap

 

[pamielynn]

This may be the one time my senators actually read my mail I'm usually complaining about Republican-only bills - and - they really detest Diane Feinstein down here (Texas).

Does anyone have a link to the actual verbiage of the bill?

 

[kchaystack]

This may be the one time my senators actually read my mail I'm usually complaining about Republican-only bills - and - they really detest Diane Feinstein down here (Texas).

Does anyone have a link to the actual verbiage of the bill?

http://www.feinstein.senate.gov/pub...?File_id=445a9268-4964-4de0-89f9-4caf577099f2

 

[pamielynn]

http://www.feinstein.senate.gov/pub...?File_id=445a9268-4964-4de0-89f9-4caf577099f2

Ah! Thank you!

 

[kchaystack]

You are very welcome. I so hope this gets squashed.

I am pretty liberal for social issues, but this is stupid.

I agree the labeling laws need to be clarified.

Sigh

 

[pamielynn]

So, in another group, it is being questioned since the bill says that "domestic" manufacturers and those making less than $100k/year are exempt. And also that "soap" isn't a cosmetic, so the bill is not aimed at us.

Anyone got an opinion on that comment?

 

[kchaystack]

So, in another group, it is being questioned since the bill says that "domestic" manufacturers and those making less than $100k/year are exempt. And also that "soap" isn't a cosmetic, so the bill is not aimed at us.

Anyone got an opinion on that comment?

Soap is not a cosmetic until you make a claim that it does something other than clean. You can not say your soap moisturizes, or that it soothes, or any other cosmetic claim. If you do, then it becomes a cosmetic.

As far as the domestic and < $100k/year thing - I need to read the law again. (Legal speak is not fun to parse, and I am not that good at it). But those kind of things can vanish easily.

 

[LBussy]

So, in another group, it is being questioned since the bill says that "domestic" manufacturers and those making less than $100k/year are exempt. And also that "soap" isn't a cosmetic, so the bill is not aimed at us.

Anyone got an opinion on that comment?

Shave soap *is* a cosmetic - as are lotions and other B&B things.

 

[pamielynn]

Right, I said that some of us make cosmetics (according to the FDA, anyway), but the text of the bill states the minimum and "domestic" as exluded. There are some in this group stating that we are worrying for nothing. I say, once the bill is in, it's not that hard to include us "small fry" manufacturers.

But, I tend to overreact to most things. I was just wondering what you all are thinking about the bill and it's repercussions. Thanks for the responses!

 

[not_ally]

This bill would impact me, not b/c of soap, but b/c my sister and I are starting up a co. that will be retailing a non-US mftred hair oil product. The link that Susie provided (the govtrack one) did indicate that it had very little (2%) chance of getting passed, though, that is kind of comforting. I have not seen the full text of the bill, although Janeau's links provided useful summaries. I don't have issues w/labeling so much as passing on of costs for FDA testing, that could add up for small businesses like mine that get caught up in the net.

 

[Cindy2428]

Yes, I proudly sit on the conservative side of the aisle in most things for the primary belief that I don't want big government sticking their nose where it doesn't belong. Even the most well intentioned legislation becomes corrupted and funded by special interest groups.

We (handcrafters) are affecting "big soap" - they cannot do what we do and it is affecting their profit margins. Once they get their foot hold, and who knows how the final bill will turn out.... it will mean no good to any of us.

Yes there are idiots out there selling bad products, but there isn't a law in the land that will stop them. It's forums like this, the HSCG and dedicated soapers striving for excellence in every bar and product, that keep the artisan industry surviving. - edit to say thriving!

What they are proposing parallels current state law in Fl. I know quite a few Fl soapers, and many if not most violate the law because they can't afford dedicated manufacturing space. Legally they can't make bath bombs or lip balms.

This is a special industry with a majority of people here for the right reasons. Every group has a few bad apples. We can take care of them ourselves.

 

[kchaystack]

@not_ally - I have read thru the text again, skimming most of it - 100 pages of that kind of stuff is headache inducing. I think you are right to be concerned. I mean the big manufacturers (who count profit in the BILLIONS) this is just a little itch. But new companies... this puts a lot of red tape in the way.

Right now I am leaning on it not affecting most small time people. It would probably impact our suppliers however. And that means the costs would be passed on to us with increased materials. And the things that DO need to be addressed - like labeling standards - are still pretty vague.

 

[Dorymae]

Right, I said that some of us make cosmetics (according to the FDA, anyway), but the text of the bill states the minimum and "domestic" as exluded. There are some in this group stating that we are worrying for nothing. I say, once the bill is in, it's not that hard to include us "small fry" manufacturers.

But, I tend to overreact to most things. I was just wondering what you all are thinking about the bill and it's repercussions. Thanks for the responses!

Your not overreacting. It is called tiptoe totalitarianism and is used by government very often to get their agenda through. First they introduce the tight bill, only affects a few, then they "modify" it every so often until it includes everyone. (No one reacts when it doesn't affect them, and by the time they realize it does - it is already done.)

 

[OliveOil2]

If this has already been discussed please ignore, I have read through this post, but not all links. What troubles me most is that this bill is heavily supported by the 'Personal Care Products Council' a trade group representing the following companies:
Johnson & Johnson
Procter & Gamble
Revlon
Estee Lauder
Unilever
L’Oreal

It is clear to me that those giant companies are threatened by the handcrafted cosmetics, I am thinking to myself; what a conflict of interest, this bill is more about protecting your profits, than keeping the general population safe.The bill is strange in that they are mainly targeting those companies that will have the most impact on their profits. So it is OK for a handcrafter to make an untested product if their revenue is below a certain point? For the purpose of discussion I include soap in this, even though till this point in the US soap has not been considered a cosmetic. Unilever is Dove, and Lever soap. Even though I sell a very small amount, and only soap I can see where this could go down the road. You just have to look at the laws made to allow cottage industries out of the home, well there are laws now making it legal, however the fees and required licenses, and classes make it impossible to comply.

 

[LBussy]

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.

-- Pastor Martin Niemöller (1892–1984)

 

[OliveOil2]

Just to be more clear, the Personal Care Products Council has 600 members, and I mentioned some of the big players. Also when I referred to the Cottage industry laws, they pertain to food prep in a home kitchen, making bread, jams, and other items that were deemed to be safe, but needing regulation.