Bill Sponsors
Alzate, Stewart, Felix, Giraldo, Cruz, Fogarty, Kazarian, Casimiro, Potter, and Furtado
Committee
House Health & Human Services
Summary
Select
This legislation establishes the "Personal Hygiene Product Safety and Toxic Metal Removal Act of 2026." It prohibits the sale of personal care items, such as cosmetics and menstrual products, that contain detectable levels of toxic metals like lead, cadmium, and arsenic above specific strict limits. Manufacturers are required to conduct regular testing through independent laboratories, report results to the state, and label products as certified safe. The bill grants the Department of Business Regulation the power to inspect, seize non-compliant products, and levy fines up to $250,000 per violation. It also funds research for safer product alternatives.
Sponsor
Analysis
Pros for Progressives
- Protects public health and promotes social justice by reducing exposure to toxic heavy metals, which often disproportionately affect women and marginalized communities who rely on these essential daily products.
- Imposes strict corporate accountability and transparency requirements on manufacturers, forcing them to prove their products are safe rather than relying on an honor system.
- Expands public services by mandating state-led educational campaigns and providing grants to nonprofits and academic institutions to research safer, non-toxic alternatives.
Cons for Progressives
- The implementation date of January 1, 2030, delays critical health protections for several years, leaving consumers vulnerable to toxic exposure in the interim.
- The costs associated with mandatory independent testing and compliance may be passed down to consumers, effectively raising the price of essential hygiene products for low-income individuals.
- Relies on the Department of Business Regulation for enforcement rather than a dedicated health or environmental agency, potentially deprioritizing the social welfare aspect in favor of business interests.
Pros for Conservatives
- Establishes clear, objective metrics (parts per million) for product safety, providing businesses with specific standards rather than vague regulatory expectations.
- Protects the physical well-being of families and children from demonstrable harm caused by foreign or domestic negligence in manufacturing processes.
- Ensures a level playing field by punishing bad actors who cut corners with toxic ingredients, thereby protecting legitimate businesses that prioritize quality control.
Cons for Conservatives
- Empowers the government to seize private property and product inventory based merely on "suspicion" of violation, representing a significant overreach into private business assets.
- Imposes exorbitant civil penalties of up to $250,000 per violation, which could easily bankrupt small or medium-sized businesses due to minor manufacturing errors.
- Expands government bureaucracy and spending by creating new grant programs and educational campaigns funded by taxpayer appropriations.
Constitutional Concerns
The bill authorizes the Department of Business Regulation to "inspect, seize, and test" products "suspected" of containing toxic metals. This provision may violate the Fourth Amendment's protection against unreasonable searches and seizures if such actions are conducted without a warrant or established probable cause. Furthermore, the seizure of property based on suspicion prior to a confirmed violation could raise Fourteenth Amendment due process concerns regarding the deprivation of property.
Impact Overview
Groups Affected
- Manufacturers of personal care products
- Consumers
- Retailers
- Department of Business Regulation
- Independent testing laboratories
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
Amount unknown
BillBuddy Impact Ratings
Importance
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Freedom Impact
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Public Services
How much the bill is likely to impact one or more public services.
Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/15/2026 Introduced, referred to House Health & Human Services
Bill Text
SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter: CHAPTER 18.20 THE PERSONAL HYGIENE PRODUCT SAFETY AND TOXIC METAL REMOVAL ACT OF 2026
23-18.20-1. Short title.
This chapter shall be known and may be cited as “The Personal Hygiene Product Safety and Toxic Metal Removal Act of 2026”.
23-18.20-2. Legislative purpose.
It is the purpose of this chapter to protect public health by reducing consumer exposure to toxic metals, including lead, cadmium, arsenic, and other harmful substances, through the regulation of personal hygiene and care products. This chapter seeks to eliminate detectable concentrations of these toxic metals in personal care items, ensuring their safety for public use.
23-18.20-3. Definitions.
As used in this chapter, the following words and terms shall have the following meanings unless the context shall clearly indicate another or different meaning or intent:
(1) “Detectable concentration” means any presence of a toxic metal at or above the threshold levels set forth in § 23-18.20-4, measured by the standards of the U.S. Food and Drug Administration (FDA) or other applicable regulatory bodies.
(2) “Personal hygiene and care product” means any product intended for personal cleansing, and grooming including, but not limited to, cosmetics, tampons and pads.
(3) “Toxic metal” means any metal identified as hazardous to human health by the Environmental Protection Agency (EPA) or other recognized health authorities including, but not limited to, lead, cadmium, and arsenic.
23-18.20-4. Prohibition of toxic metal in personal hygiene products.
No personal hygiene or care product sold in this state shall contain detectable concentrations of any toxic metals including, but not limited to, lead, cadmium, or arsenic above the following limits:
(1) Lead: 0.1 parts per million (ppm);
(2) Cadmium: 0.05 ppm;
(3) Arsenic: 0.1 ppm; and
(4) For metals not listed in this chapter but deemed harmful by relevant authorities, the United States Department of Health and Human Services (HHS) shall determine appropriate concentration limits based on scientific studies and public health risks.
23-18.20-5. Testing and monitoring.
Manufacturers of personal hygiene and care products sold in this state shall be required to regularly test and document the presence of toxic metals in their products. The testing shall be conducted by independent laboratories accredited by the FDA or an equivalent authority.
23-18.20-6. Reporting requirements.
All manufacturers shall submit reports to the department of business regulation (DBR) detailing the results of product testing, including proof that their products meet the limits established pursuant to this chapter. Reports shall be made available to the public via the department’s website.
23-18.20-7. Enforcement and penalties.
(a) The DBR or its designated agents shall have the authority to inspect, seize, and test personal hygiene products suspected of containing harmful levels of toxic metals. Products found to be in violation of the concentration limits set forth § 23-18.20-4 shall be subject to recall at the manufacturer’s expense.
(b) Manufacturers found in violation of this chapter shall be subject to civil penalties up to two hundred fifty thousand dollars ($250,000) per violation. Repeat offenders may face increased penalties including, but not limited to, possible suspension of their license to conduct business in this state. LC003910 - Page 2 of 4
(c) The DBR shall have the authority to obtain an injunction or seek other legal relief to prohibit the sale of personal care products violating the concentration limits set forth in this chapter.
23-18.20-8. Public awareness and education.
(a) Personal hygiene products shall include a label that certifies they have been tested and meet all federal safety standards concerning toxic metals.
(b) The executive office of health and human services shall implement an educational campaign to inform consumers about the risks of toxic metals in personal care products, the importance of reading product labels, and the steps being taken to protect public health.
23-18.20-9. Research and development funding.
The executive office of health and human services shall provide grants to academic institutions, nonprofit organizations, and industry stakeholders for the research and development of safer alternatives to toxic metals in personal hygiene and care products.
23-18.20-10. Appropriations.
The general assembly shall annually appropriate such sums as it may deem necessary for the expenses of administering and implementation of this chapter.
23-18.20-11. Severability.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which that judgment shall have been rendered.
23-18.20-12. Effective date.
This chapter shall take effect on January 1, 2030, with manufacturers being required to comply with the concentration limits set forth in § 23-18.20-4 within one hundred eighty (180) days thereafter.
SECTION 2. This act shall take effect upon passage.
23-18.20-1. Short title.
This chapter shall be known and may be cited as “The Personal Hygiene Product Safety and Toxic Metal Removal Act of 2026”.
23-18.20-2. Legislative purpose.
It is the purpose of this chapter to protect public health by reducing consumer exposure to toxic metals, including lead, cadmium, arsenic, and other harmful substances, through the regulation of personal hygiene and care products. This chapter seeks to eliminate detectable concentrations of these toxic metals in personal care items, ensuring their safety for public use.
23-18.20-3. Definitions.
As used in this chapter, the following words and terms shall have the following meanings unless the context shall clearly indicate another or different meaning or intent:
(1) “Detectable concentration” means any presence of a toxic metal at or above the threshold levels set forth in § 23-18.20-4, measured by the standards of the U.S. Food and Drug Administration (FDA) or other applicable regulatory bodies.
(2) “Personal hygiene and care product” means any product intended for personal cleansing, and grooming including, but not limited to, cosmetics, tampons and pads.
(3) “Toxic metal” means any metal identified as hazardous to human health by the Environmental Protection Agency (EPA) or other recognized health authorities including, but not limited to, lead, cadmium, and arsenic.
23-18.20-4. Prohibition of toxic metal in personal hygiene products.
No personal hygiene or care product sold in this state shall contain detectable concentrations of any toxic metals including, but not limited to, lead, cadmium, or arsenic above the following limits:
(1) Lead: 0.1 parts per million (ppm);
(2) Cadmium: 0.05 ppm;
(3) Arsenic: 0.1 ppm; and
(4) For metals not listed in this chapter but deemed harmful by relevant authorities, the United States Department of Health and Human Services (HHS) shall determine appropriate concentration limits based on scientific studies and public health risks.
23-18.20-5. Testing and monitoring.
Manufacturers of personal hygiene and care products sold in this state shall be required to regularly test and document the presence of toxic metals in their products. The testing shall be conducted by independent laboratories accredited by the FDA or an equivalent authority.
23-18.20-6. Reporting requirements.
All manufacturers shall submit reports to the department of business regulation (DBR) detailing the results of product testing, including proof that their products meet the limits established pursuant to this chapter. Reports shall be made available to the public via the department’s website.
23-18.20-7. Enforcement and penalties.
(a) The DBR or its designated agents shall have the authority to inspect, seize, and test personal hygiene products suspected of containing harmful levels of toxic metals. Products found to be in violation of the concentration limits set forth § 23-18.20-4 shall be subject to recall at the manufacturer’s expense.
(b) Manufacturers found in violation of this chapter shall be subject to civil penalties up to two hundred fifty thousand dollars ($250,000) per violation. Repeat offenders may face increased penalties including, but not limited to, possible suspension of their license to conduct business in this state. LC003910 - Page 2 of 4
(c) The DBR shall have the authority to obtain an injunction or seek other legal relief to prohibit the sale of personal care products violating the concentration limits set forth in this chapter.
23-18.20-8. Public awareness and education.
(a) Personal hygiene products shall include a label that certifies they have been tested and meet all federal safety standards concerning toxic metals.
(b) The executive office of health and human services shall implement an educational campaign to inform consumers about the risks of toxic metals in personal care products, the importance of reading product labels, and the steps being taken to protect public health.
23-18.20-9. Research and development funding.
The executive office of health and human services shall provide grants to academic institutions, nonprofit organizations, and industry stakeholders for the research and development of safer alternatives to toxic metals in personal hygiene and care products.
23-18.20-10. Appropriations.
The general assembly shall annually appropriate such sums as it may deem necessary for the expenses of administering and implementation of this chapter.
23-18.20-11. Severability.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which that judgment shall have been rendered.
23-18.20-12. Effective date.
This chapter shall take effect on January 1, 2030, with manufacturers being required to comply with the concentration limits set forth in § 23-18.20-4 within one hundred eighty (180) days thereafter.
SECTION 2. This act shall take effect upon passage.