2025 -- H 5617

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LC001184

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO HEALTH AND SAFETY -- THE PERSONAL HYGIENE PRODUCT

SAFETY AND TOXIC METAL REMOVAL ACT OF 2025

     Introduced By: Representatives Alzate, Ajello, Kislak, Felix, Furtado, Stewart, Kazarian,
Cruz, Diaz, and Fogarty

     Date Introduced: February 26, 2025

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 18.19

THE PERSONAL HYGIENE PRODUCT SAFETY AND TOXIC METAL REMOVAL ACT

OF 2025

     23-18.19-1. Short title.

     This chapter shall be known and may be cited as “The Personal Hygiene Product Safety

and Toxic Metal Removal Act of 2025”.

     23-18.19-2. Legislative purpose.

     It is the purpose of this chapter to protect public health by reducing consumer exposure to

toxic metals, including lead, cadmium, arsenic, and other harmful substances, through the

regulation of personal hygiene and care products. This chapter seeks to eliminate detectable

concentrations of these toxic metals in personal care items, ensuring their safety for public use.

     23-18.19-3. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (1) “Detectable concentration” means any presence of a toxic metal at or above the

threshold levels set forth in § 23-18.19-4, measured by the standards of the U.S. Food and Drug

Administration (FDA) or other applicable regulatory bodies.

     (2) “Personal hygiene and care product” means any product intended for personal

cleansing, and grooming including, but not limited to, cosmetics, tampons and pads.

     (3) “Toxic metal” means any metal identified as hazardous to human health by the

Environmental Protection Agency (EPA) or other recognized health authorities including, but not

limited to, lead, cadmium, and arsenic.

     23-18.19-4. Prohibition of toxic metals in personal hygiene products.

     No personal hygiene or care product sold in this state shall contain detectable

concentrations of any toxic metals including, but not limited to, lead, cadmium, or arsenic above

the following limits:

     (1) Lead: 0.1 parts per million (ppm);

     (2) Cadmium: 0.05 ppm;

     (3) Arsenic: 0.1 ppm; and

     (4) For metals not listed in this chapter but deemed harmful by relevant authorities, the

United States Department of Health and Human Services (HHS) shall determine appropriate

concentration limits based on scientific studies and public health risks.

     23-18.19-5. Testing and monitoring.

     Manufacturers of personal hygiene and care products sold in this state shall be required to

regularly test and document the presence of toxic metals in their products. The testing shall be

conducted by independent laboratories accredited by the FDA or an equivalent authority.

     23-18.19-6. Reporting requirements.

     All manufacturers shall submit reports to the department of business regulation (DBR)

detailing the results of product testing, including proof that their products meet the limits

established pursuant to this chapter. Reports shall be made available to the public via the

department’s website.

     23-18.19-7. Enforcement and penalties.

     (a) The DBR or its designated agents shall have the authority to inspect, seize, and test

personal hygiene products suspected of containing harmful levels of toxic metals. Products found

to be in violation of the concentration limits set forth § 23-18.19-4 shall be subject to recall at the

manufacturer’s expense.

     (b) Manufacturers found in violation of this chapter shall be subject to civil penalties up to

two hundred fifty thousand dollars ($250,000) per violation. Repeat offenders may face increased

penalties including, but not limited to, possible suspension of their license to conduct business in

this state.

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     (c) The DBR shall have the authority to obtain an injunction or seek other legal relief to

prohibit the sale of personal care products violating the concentration limits set forth in this chapter.

     23-18.19-8. Public awareness and education.

     (a) Personal hygiene products shall include a label that certifies they have been tested and

meet all federal safety standards concerning toxic metals.

     (b) The executive office of health and human services shall implement an educational

campaign to inform consumers about the risks of toxic metals in personal care products, the

importance of reading product labels, and the steps being taken to protect public health.

     23-18.19-9. Research and development funding.

     The executive office of health and human services shall provide grants to academic

institutions, nonprofit organizations, and industry stakeholders for the research and development

of safer alternatives to toxic metals in personal hygiene and care products.

     23-18.19-10. Appropriations.

     The general assembly shall annually appropriate such sums as it may deem necessary for

the expenses of administering and implementation of this chapter.

     23-18.19-11. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any

court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate

the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph,

section, or part directly involved in the controversy in which that judgment shall have been

rendered.

     23-18.19-12. Effective Date.

     This chapter shall take effect on January 1, 2028, with manufacturers being required to

comply with the concentration limits set forth in § 23-18.19-4 within one hundred eighty (180) days

thereafter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- THE PERSONAL HYGIENE PRODUCT

SAFETY AND TOXIC METAL REMOVAL ACT OF 2025

***

     This act would set a clear and enforceable standard for reducing the presence of harmful

metals in personal care products, prioritizing public health through testing, labeling, and the

development of safer alternatives commencing on January 1, 2028 with enforcement one hundred

eighty (180) days thereafter.

     This act would take effect upon passage.

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