2015 Indiana Code TITLE 16. HEALTH ARTICLE 42. REGULATION OF FOOD, DRUGS, AND COSMETICS CHAPTER 4. UNIFORM FOOD, DRUG, AND COSMETIC ACT: ADULTERATION OR MISBRANDING OF COSMETICS
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IC 16-42-4
Chapter 4. Uniform Food, Drug, and Cosmetic Act:
Adulteration or Misbranding of Cosmetics
IC 16-42-4-1
Hair dye defined
Sec. 1. As used in this chapter, "hair dye" does not include eyelash
dyes or eyebrow dyes.
As added by P.L.2-1993, SEC.25.
IC 16-42-4-1.1
Duties of state veterinarian and state board of animal health
Sec. 1.1. (a) The state veterinarian shall act in place of the state
health commissioner under this chapter when impounding or
disposing of adulterated or misbranded products under IC 15-17-5 or
IC 15-18-1.
(b) The Indiana state board of animal health shall act in place of
the state department of health under this chapter when impounding
or disposing of adulterated or misbranded products under IC 15-17-5
or IC 15-18-1.
As added by P.L.137-1996, SEC.71. Amended by P.L.2-2008,
SEC.44.
IC 16-42-4-2
Adulterated cosmetics
Sec. 2. A cosmetic is considered to be adulterated under the
following conditions:
(1) If the cosmetic bears or contains a poisonous or deleterious
substance that may make the cosmetic injurious to users under
the conditions of use prescribed in the labeling of the cosmetic
or under the conditions of use that are customary or usual.
However this subdivision does not apply to coal-tar hair dye if
the following conditions are met:
(A) The label on the dye conspicuously displays the
following message:
"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.".
(B) The labeling contains adequate directions for preliminary
testing.
(2) If the cosmetic consists in whole or in part of a filthy, putrid,
or decomposed substance.
(3) If the cosmetic has been prepared, packed, or held under
unsanitary conditions as the result of which the cosmetic may
have become contaminated with filth or as the result of which
the cosmetic may have been made injurious to health.
Indiana Code 2015
(4) If the container of the cosmetic is composed in whole or in
part of a poisonous or deleterious substance that may make the
contents injurious to health.
(5) If the cosmetic is not a hair dye and the cosmetic is, bears,
or contains a color additive that is unsafe under IC 16-42-2-5.
As added by P.L.2-1993, SEC.25.
IC 16-42-4-3
Misbranded cosmetics
Sec. 3. A cosmetic is considered to be misbranded under the
following conditions:
(1) If the cosmetic's labeling is false or misleading in any way.
(2) If the cosmetic is in package form unless the cosmetic bears
a label containing the following:
(A) The name and place of business of the manufacturer,
packer, or distributor.
(B) An accurate statement of the quantity of the contents in
terms of weight, measure, or numerical count.
However, reasonable variations are permitted under clause (B)
and exemptions for small packages shall be established by rules
adopted by the state department.
(3) If a word, statement, or other information required by this
chapter or a rule adopted under IC 16-42-1-2 to appear on the
label or labeling is not prominently placed on the label with
such conspicuousness (as compared with other words,
statements, designs, or devices in the labeling) and in such terms
as to make the label or labeling likely to be read and understood
by the ordinary individual under customary conditions of
purchase and use.
(4) If the container of the cosmetic is so made, formed, or filled
as to be misleading.
As added by P.L.2-1993, SEC.25.
IC 16-42-4-4
Cosmetics in transit for processing, labeling, or repacking;
exemption
Sec. 4. A cosmetic that, in accordance with the practice of the
trade, is to be processed, labeled, or repacked in substantial quantities
at an establishment other than the establishment where the cosmetic
was originally processed or packed is exempt from the affirmative
labeling requirements of IC 16-42-1 through IC 16-42-4 while the
cosmetic is in transit in intrastate commerce from one (1)
establishment to the other if the transit is made in good faith for
completion purposes only, but the cosmetic is otherwise subject to all
the applicable provisions of IC 16-42-1 through IC 16-42-4.
As added by P.L.2-1993, SEC.25.
IC 16-42-4-5
Chapter violations; offenses
Indiana Code 2015
Sec. 5. (a) Except as otherwise provided, a person who recklessly
violates or fails to comply with this chapter commits a Class B
misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.25.
Indiana Code 2015
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