The bill introduces a new chapter, titled "The Personal Hygiene Product Safety and Toxic Metal Removal Act of 2026," to Title 23 of the General Laws. Its purpose is to protect public health by reducing consumer exposure to toxic metals, including lead, cadmium, and arsenic, through the regulation of personal hygiene and care products. The act establishes specific concentration limits for these metals in personal hygiene products: 0.1 parts per million (ppm) for lead, 0.05 ppm for cadmium, and 0.1 ppm for arsenic. It mandates that manufacturers regularly test and document the presence of toxic metals in their products, with testing conducted by independent laboratories accredited by the FDA or an equivalent authority.
Manufacturers are required to submit reports to the Department of Business Regulation (DBR) detailing the results of product testing, which must be made available to the public. The DBR is granted authority to inspect, seize, and test personal hygiene products suspected of containing harmful levels of toxic metals, and products found in violation of the concentration limits are subject to recall at the manufacturer's expense. Manufacturers found in violation may face civil penalties of up to $250,000 per violation, with increased penalties for repeat offenders.
The act includes provisions for public awareness, requiring personal hygiene products to carry a label certifying compliance with federal safety standards concerning toxic metals. The executive office of health and human services is tasked with implementing an educational campaign to inform consumers about the risks of toxic metals in personal care products and the importance of reading product labels. Additionally, the office will provide grants for research and development of safer alternatives to toxic metals in personal hygiene products.
The act is set to take effect on January 1, 2030, with manufacturers required to comply with the concentration limits within 180 days thereafter.