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§ 21-230. Adulterated cosmetics

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 21. Food, Drugs, and Cosmetics (Refs & Annos)
Subtitle 2. Maryland Food, Drug, and Cosmetic Act (Refs & Annos)
Part IV. Cosmetics
MD Code, Health - General, § 21-230
§ 21-230. Adulterated cosmetics
Currentness
Hair dye defined
(a) In Part IV of this subtitle, “hair dye” does not mean eyelash dye or eyebrow dye.
In general
(b) For purposes of this subtitle, a cosmetic is considered adulterated if:
(1) Except as provided for coal tar hair dye in subsection (c) of this section, it contains any poisonous or otherwise deleterious substance that, in the quantity present, reasonably would be expected to make it injurious to a user under the conditions of use:
(i) That are instructed, recommended, or suggested in the labeling or advertisement of the cosmetic; or
(ii) That are customary or usual for the cosmetic;
(2) It contains a filthy, putrid, or decomposed substance;
(3) It was produced, prepared, packed, or held under unsanitary conditions that reasonably would be expected to have:
(i) Contaminated it with filth; or
(ii) Caused it to be injurious to health;
(4) Any part of its container is composed of any poisonous or otherwise deleterious substance that reasonably would be expected to have caused the cosmetic to be injurious to health; or
(5) It is not a hair dye and it is or it contains a color additive the particular use of which has not been found safe as provided under § 21-239 of this subtitle.
Coal tar hair dye
(c) A coal tar hair dye is not considered adulterated under subsection (b)(1) of this section if it:
(1) Has on its label a conspicuously displayed warning that states: “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
(2) Has on its labeling adequate directions for the preliminary testing that is referenced on the label.

Credits

Added as Health-Environmental § 4-230 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Transferred to Health-General § 21-230 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, § 11, eff. July 1, 1988.
Formerly Art. 43, § 190A.
MD Code, Health - General, § 21-230, MD HEALTH GEN § 21-230
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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