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On Feb. 3, 2010, Rep. Diane Primavera (D-Broomfield) and Sen. Betty Boyd (D-Colorado) introduced a bill to the Colorado State Legislature that prohibits the sale of personal care products formulated with chemicals identified as causing cancer or reproductive toxicity. House Bill 1248 proposes the Colorado Safe Personal Care Products Act, which stipulates that cosmetic manufacturers cannot sell or distribute products containing potentially harmful ingredients in the state after Sept. 1, 2011.
According to the bill, chemicals identified as causing cancer or reproductive toxicity could include: substances listed in the National Toxicology Report on Carcinogens as being known or reasonably anticipated to be human carcinogens; substances given an overall carcinogenicity evaluation of "group 1, group 2a or group 2b" by the International Agency for Research on Cancer or its successor agency; substances identified by the US Environmental Protection Agency, or its successor agency, as "group a, group b1, or group b2" carcinogens or as known or probable carcinogens; substances identified by an expert panel of the National Toxicology Program's Center for the Evaluation of Risks in Human Reproduction, or a successor entity, as having some or clear evidence of adverse developmental, male reproductive, or female reproductive toxicity effects; or substances identified by the National Institute for Occupational Safety and Health, or its successor entity, as potential occupational carcinogens.
Violation of the act by a manufacturer could result in a a civil penalty of up to US $5,000 per violation per product for the first offense and up to US $10,000 per violation per product for a second or subsequent offense.
The bill currently is in review with the House Judiciary and could become effective on Aug. 11, 2010, if the General Assembly adjourns on May 12, 2010, as scheduled, and no referendum petition is filed.