1894

LAWS OF MARYLAND

Ch. 240

(1)  EXCEPT AS PROVIDED FOR COAL TAR HAIR DYE IN
SUBSECTION (C) OF THIS SECTION, IT CONTAINS ANY POISONOUS OR
OTHERWISE DELETERIOUS SUBSTANCE THAT, IN THE QUANTITY
PRESENT, REASONABLY WOULD BE EXPECTED TO MAKE IT INJURIOUS
TO A USER UNDER THE CONDITIONS OF USE:

(I)  THAT ARE INSTRUCTED, RECOMMENDED, OR
SUGGESTED IN THE LABELING OR ADVERTISEMENT OF THE COSMETIC;
OR

(II)  THAT ARE CUSTOMARY OR USUAL FOR THE
COSMETIC;

(2)  IT CONTAINS A FILTHY, PUTRID, OR DECOMPOSED
SUBSTANCE;

(3)  IT WAS PRODUCED, PREPARED, PACKED, OR HELD
UNDER UNSANITARY CONDITIONS THAT REASONABLY WOULD BE
EXPECTED TO HAVE:

(I)  CONTAMINATED IT WITH FILTH; OR

(II)  CAUSED IT TO BE INJURIOUS TO HEALTH;

(4)  ANY PART OF ITS CONTAINER IS COMPOSED OF ANY
POISONOUS OR OTHERWISE DELETERIOUS SUBSTANCE THAT REASONABLY
WOULD BE EXPECTED TO HAVE CAUSED THE COSMETIC TO BE
INJURIOUS TO HEALTH; OR

(5)  IT IS NOT A HAIR DYE AND IT IS OR IT
CONTAINS A COLOR ADDITIVE THE PARTICULAR USE OF WHICH HAS
NOT BEEN FOUND SAFE AS PROVIDED UNDER § 4-239 OF THIS
SUBTITLE.

(C) EXCEPTION FOR COAL TAR HAIR DYE.

A COAL TAR HAIR DYE IS NOT CONSIDERED ADULTERATED UNDER
SUBSECTION (B)(1) OF THIS SECTION IF IT:

(1)  HAS ON ITS LABEL A CONSPICUOUSLY DISPLAYED
WARNING THAT STATES: "CAUTION — THIS PRODUCT CONTAINS
INGREDIENTS WHICH 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."; AND

(2)  HAS ON ITS LABELING ADEQUATE DIRECTIONS FOR
THE PRELIMINARY TESTING THAT IS REFERENCED ON THE LABEL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 190A.