Reef Safe Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1375 To require the Commissioner of Food and Drugs to develop standards for a ‘‘Reef Safe’’ label for sunscreen. IN THE SENATE OF THE UNITED STATES MAY 8, 2019 Mr. MERKLEY introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Commissioner of Food and Drugs to develop standards for a ‘‘Reef Safe’’ label for sunscreen. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reef Safe Act of 4 2019’’. 5 SEC. 2. LABELING CRITERIA FOR ‘‘REEF SAFE’’ SUNSCREEN. 6 (a) IN GENERAL.—As soon as practicable, but not 7 later than 2 years after the date of enactment of this Act, 8 the Secretary, acting through the Commissioner, shall de- 9 velop labeling criteria for a ‘‘Reef Safe’’ designation for 10 VerDate Sep 11 2014 04:40 May 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1375.IS S1375 kjohnson on DSK79L0C42 with BILLS 2 •S 1375 IS nonprescription sunscreen, in consultation with the Ad- 1 ministrator of the Environmental Protection Agency and 2 the Administrator of the National Oceanic and Atmos- 3 pheric Administration. 4 (b) REEF SAFE LABEL.— 5 (1) IN GENERAL.—Not later than 2 years after 6 the date of enactment of this Act, the Secretary, act- 7 ing through the Commissioner, shall develop stand- 8 ards for use of the term ‘‘Reef Safe’’ on the labeling 9 of nonprescription sunscreen, which shall conform 10 with the requirements of section 502 of the Federal 11 Food, Drug, and Cosmetic Act (21 U.S.C. 352). 12 (2) CRITERIA AND CONSULTATION.—In devel- 13 oping the standards described in paragraph (1), the 14 Secretary shall— 15 (A) consider the impacts of active sun- 16 screen ingredients on the mortality of, and de- 17 velopmental or reproductive disruptions to, cer- 18 tain marine species, including fish, fish larvae, 19 sea urchins, coral, and shrimp; and 20 (B) consult with appropriate heads of Fed- 21 eral agencies, including the Administrator of 22 the Environmental Protection Agency and the 23 Administrator of the National Oceanic and At- 24 mospheric Administration, with respect to stud- 25 VerDate Sep 11 2014 04:40 May 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1375.IS S1375 kjohnson on DSK79L0C42 with BILLS 3 •S 1375 IS ies on the impacts of active sunscreen ingredi- 1 ents on living components of coral reef eco- 2 systems. 3 (c) REVIEW AND REVISION.—Not less frequently 4 than once every 10 years, the Secretary, acting through 5 the Commissioner and in consultation with the Adminis- 6 trator of the Environmental Protection Agency and the 7 Administrator of the National Oceanic and Atmospheric 8 Administration, and taking into consideration scientific 9 studies of the Food and Drug Administration, the Envi- 10 ronmental Protection Agency, and the National Oceanic 11 and Environmental Protection Agency, shall— 12 (1) review the labeling standards in effect under 13 subsection (b)(1); 14 (2) if appropriate, revise the criteria under sub- 15 section (b)(2); and 16 (3) in accordance with such criteria, as revised 17 under paragraph (2) as applicable, update the label- 18 ing standards under subsection (b)(1). 19 (d) NON-PREEMPTION.—Nothing in this section shall 20 be construed to prevent a State from establishing, enforc- 21 ing, or maintaining a requirement with respect to labeling 22 criteria for a ‘‘Reef Safe’’ designation for nonprescription 23 sunscreen, provided that any such State law is at least 24 VerDate Sep 11 2014 04:40 May 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1375.IS S1375 kjohnson on DSK79L0C42 with BILLS 4 •S 1375 IS as restrictive as the requirements established under this 1 section. 2 (e) DEFINITIONS.—In this section— 3 (1) the terms ‘‘active sunscreen ingredient’’, 4 ‘‘nonprescription’’, and ‘‘sunscreen’’ have the mean- 5 ings given such terms in section 586 of the Federal 6 Food, Drug, and Cosmetic Act (21 U.S.C. 360fff); 7 (2) the terms ‘‘coral’’ and ‘‘coral reef eco- 8 system’’ have the meanings given such terms in sec- 9 tion 210 of the Coral Reef Conservation Act of 2000 10 (16 U.S.C. 6409); 11 (3) the term ‘‘Commissioner’’ means the Com- 12 missioner of Food and Drugs; and 13 (4) the term ‘‘Secretary’’, unless specified oth- 14 erwise, means the Secretary of Health and Human 15 Services. 16 Æ VerDate Sep 11 2014 04:40 May 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 \\ALPHA3\E\BILLS\S1375.IS S1375 kjohnson on DSK79L0C42 with BILLS