
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC361]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                        SUBCHAPTER VI--COSMETICS
 
Sec. 361. Adulterated cosmetics

    A cosmetic shall be deemed to be adulterated--
    (a) If it bears or contains any poisonous or deleterious substance 
which may render it injurious to users under the conditions of use 
prescribed in the labeling thereof, or under such conditions of use as 
are customary or usual, except that this provision shall not apply to 
coal-tar hair dye, the label of which bears the following legend 
conspicuously displayed thereon: ``Caution--This product contains 
ingredients which may cause skin irritation on certain individuals and a 
preliminary test according to accompanying directions should first be 
made. This product must not be used for dyeing the eyelashes or 
eyebrows; to do so may cause blindness.'', and the labeling of which 
bears adequate directions for such preliminary testing. For the purposes 
of this paragraph and paragraph (e) the term ``hair dye'' shall not 
include eyelash dyes or eyebrow dyes.
    (b) If it consists in whole or in part of any filthy, putrid, or 
decomposed substance.
    (c) If it has been prepared, packed, or held under insanitary 
conditions whereby it may have become contaminated with filth, or 
whereby it may have been rendered injurious to health.
    (d) If its container is composed, in whole or in part, of any 
poisonous or deleterious substance which may render the contents 
injurious to health.
    (e) If it is not a hair dye and it is, or it bears or contains, a 
color additive which is unsafe within the meaning of section 379e(a) of 
this title.

(June 25, 1938, ch. 675, Sec. 601, 52 Stat. 1054; Pub. L. 86-618, title 
I, Sec. 102(c)(1), July 12, 1960, 74 Stat. 398; Pub. L. 102-571, title 
I, Sec. 107(11), Oct. 29, 1992, 106 Stat. 4499; Pub. L. 103-80, 
Sec. 3(x), Aug. 13, 1993, 107 Stat. 778.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-80 substituted ``usual, except that 
this'' for ``usual: Provided, That this''.
    1992--Par. (e). Pub. L. 102-571 substituted ``379e(a)'' for 
``376(a)''.
    1960--Par. (e). Pub. L. 86-618 substituted ``and it is, or it bears 
or contains, a color additive which is unsafe within the meaning of 
section 376(a) of this title'' for ``and it bears or contains a coal-tar 
color other than one from a batch that has been certified in accordance 
with regulations as provided by section 364 of this title''.


                    Effective Date of 1960 Amendment

    Amendment by Pub. L. 86-618 effective July 12, 1960, subject to the 
provisions of section 203 of Pub. L. 86-618, see section 202 of Pub. L. 
86-618, set out as a note under section 379e of this title.


                      Effective Date; Postponement

    Par. (e) effective Jan. 1, 1940, see act June 23, 1939, ch. 242, 53 
Stat. 853, set out as an Effective Date; Postponement in Certain Cases 
note under section 301 of this title.


                             Effective Date

    Section effective twelve months after June 25, 1938, except par. 
(a), which, with certain exceptions, became effective on June 25, 1938, 
see section 902(a) of act June 25, 1938, set out as a note under section 
301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 334, 379e of this title.
