Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 83 First Substitute (2022GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• transfers the authority to regulate cosmetics from the Department of Health to the Department of Agriculture and Food;
• requires the Department of Agriculture and Food to create a process for issuing good manufacturing practices certificates to cosmetics manufacturers; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

COSMETIC MANUFACTURING CERTIFICATE PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
____________
LONG TITLE
General Description:
This bill authorizes the Department of Agriculture and Food to regulate cosmetics,
including by issuing certificates for good manufacturing practices.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ transfers the authority to regulate cosmetics from the Department of Health to the
Department of Agriculture and Food;
▸ requires the Department of Agriculture and Food to create a process for issuing
good manufacturing practices certificates to cosmetics manufacturers; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-1-23.5
, as renumbered and amended by Laws of Utah 1991, Chapter 112
ENACTS:
4-2-801
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-2-801
 is enacted to read:
Part 8. Cosmetics
 4-2-801.
Regulation of cosmetics -- Good manufacturing practices.
(1) As used in this section:
(a) "Cosmetic" means the same as that term is defined in 21 U.S.C. Sec. 321.
(b) "Good manufacturing practices" means the current good manufacturing practices
described in the United States Food and Drug Administration's Guidance for Industry:
Cosmetic Good Manufacturing Practices.
(c) "ISO 22716 certificate" means a certificate from an external certification body that
certifies that the certificate holder is in compliance with the guidelines for cosmetics described
in the current version of the International Organization for Standardization's ISO 22716:2007.
(d) "Manufacture" means to make, for sale, a cosmetic product by chemical, physical,
biological, or other procedures, including manipulation, sampling, testing, or control
procedures applied to the cosmetic product.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
and consistent with this section, the department shall make and enforce rules for the
manufacture, sale, and distribution of cosmetics, including rules establishing:
(i) the criteria for receiving a good manufacturing practices certificate, in accordance
with Subsection (4); and
(ii) the process to apply for and receive a good manufacturing practices certificate
under this section.
(b) Rules made pursuant to this section may not be more stringent than those
established by federal law.
(3) The department shall establish and operate a program for issuing good
manufacturing practices certificates for cosmetics.
(4) The good manufacturing practices certification program shall provide for the
issuance of a certificate to an applicant if:
(a) (i) the applicant submits an application to the department that requests an
inspection of the applicant's manufacturing facility; and
(ii) the department inspects the applicant's manufacturing facility and determines that
the applicant is in compliance with good manufacturing practices; or
(b) the applicant submits an application to the department and provides the department
with an acceptable ISO 22716 certificate.
(5) (a) The department may not conduct an inspection under Subsection (4)(a) except
at the request of an applicant.
(b) The department shall complete an inspection under Subsection (4)(a) within 28
days after the day on which an applicant requests the inspection in connection with a completed
application for a good manufacturing practices certificate.
(6) (a) In accordance with Section 
63J-1-504
, the department shall adopt a schedule of
fees to cover the department's costs of conducting inspections under Subsection (4)(a).
(b) Notwithstanding Section 
63J-1-504
, the department shall retain the fees as
dedicated credits and may only use the fees to conduct inspections under Subsection (4)(a).
(7) A good manufacturing practices certificate issued under this section shall specify
the certificate issuance date and expiration date.
Section 2. Section 
26-1-23.5
 is amended to read:
26-1-23.5.
Rules for sale of drugs and medical devices.
The department shall establish and enforce rules for the sale or distribution of human
drugs[
, cosmetics,
] and medical devices. The rules adopted under this section shall be no more
stringent than those established by federal law.