Article 2. Adulterated Cosmetics of California Health And Safety Code >> Division 104. >> Part 5. >> Chapter 7. >> Article 2.
A cosmetic is adulterated if it bears or contains any
poisonous or deleterious substance that may render it injurious to
users under the conditions of use prescribed in the labeling or
advertisement of the cosmetic, or under conditions of use as are
customary or usual.
Section 111670 shall not apply to coal tar hair dye, that
is conspicuously labeled as follows:
"Caution--this product contains ingredients that 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."
The labeling shall also bear adequate directions for such
preliminary testing.
Any cosmetic is adulterated if it consists in whole or in
part of any filthy, putrid, or decomposed substance.
Any cosmetic is adulterated if it has been produced,
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.
Any cosmetic is adulterated if its container is composed,
in whole or in part, of any poisonous or deleterious substance that
may render the contents injurious to health.
Any cosmetic is adulterated if it is not a hair dye and it
is, or it bears or contains, a color additive that is unsafe within
the meaning of Section 111665.
It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any cosmetic that is adulterated.
It is unlawful for any person to adulterate any cosmetic.
It is unlawful for any person to receive in commerce any
cosmetic that is adulterated or to deliver or proffer for delivery
any such cosmetic.
While any regulation relating to any color additive
referred to in Section 111665 is in effect, any cosmetic that bears
or contains a color additive in accordance with these regulations
shall not be considered adulterated.
Any cosmetic intended for export shall not be deemed to be
adulterated under this part if it satisfies all of the following
requirements:
(a) It accords to the specifications of the foreign purchaser.
(b) It is not in conflict with the laws of the importing country.
(c) It is labeled on the outside of the shipping package to show
that it is intended for export.
If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
A cosmetic is deemed adulterated under the laws of this
state if it is subject to regulations issued by the United States
Food and Drug Administration relating to tamper-resistant packaging,
as set forth in Part 700 of Volume 21 of the Code of Federal
Regulations, as amended, but is not in compliance therewith.