
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC379s]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                    SUBCHAPTER VII--GENERAL AUTHORITY
 
Part F--National Uniformity for Nonprescription Drugs and Preemption for 
                   Labeling or Packaging of Cosmetics
 
Sec. 379s. Preemption for labeling or packaging of cosmetics


(a) In general

    Except as provided in subsection (b), (d), or (e) of this section, 
no State or political subdivision of a State may establish or continue 
in effect any requirement for labeling or packaging of a cosmetic that 
is different from or in addition to, or that is otherwise not identical 
with, a requirement specifically applicable to a particular cosmetic or 
class of cosmetics under this chapter, the Poison Prevention Packaging 
Act of 1970 (15 U.S.C. 1471 et seq.), or the Fair Packaging and Labeling 
Act (15 U.S.C. 1451 et seq.).

(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) of this 
section, 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

    For purposes of subsection (a) of this section, a reference to a 
State requirement that relates to the packaging or labeling of a 
cosmetic means any specific requirement relating to the same aspect of 
such cosmetic as a requirement specifically applicable to that 
particular cosmetic or class of cosmetics under this chapter for 
packaging or labeling, including any State requirement relating to 
public information or any other form of public communication.

(d) No effect on product liability law

    Nothing in this section shall be construed to modify or otherwise 
affect any action or the liability of any person under the product 
liability law of any State.

(e) State initiative

    This section shall not apply to a State requirement adopted by a 
State public initiative or referendum enacted prior to September 1, 
1997.

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

                       References in Text

    The Poison Prevention Packaging Act of 1970, referred to in subsec. 
(a), is Pub. L. 91-601, Dec. 30, 1970, 84 Stat. 1670, as amended, which 
is classified principally to chapter 39A (Sec. 1471 et seq.) of Title 
15, Commerce and Trade. For complete classification of this Act to the 
Code, see Short Title note set out under section 1471 of Title 15 and 
Tables.
    The Fair Packaging and Labeling Act, referred to in subsec. (a), is 
Pub. L. 89-755, Nov. 3, 1966, 80 Stat. 1296, as amended, which is 
classified generally to chapter 39 (Sec. 1451 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 1451 of Title 15 and Tables.


                             Effective Date

    Section effective 90 days after Nov. 21, 1997, except as otherwise 
provided, see section 501 of Pub. L. 105-115, set out as an Effective 
Date of 1997 Amendment note under section 321 of this title.
