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S 2117Product Safety

Health and Safety - The Personal Hygiene Product Safety and Toxic Metal Removal Act of 2026

This legislation bans specific toxic metals like lead and arsenic in personal care items like makeup and tampons.

Held for study
Population
Affected
85
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Introduced Jan 16, 2026Committee Senate Health & Human Services

Plain-English Summary

The Personal Hygiene Product Safety and Toxic Metal Removal Act of 2026 prohibits the sale of personal hygiene and care products, such as cosmetics and menstrual products, that contain specific toxic metals above set safety limits. The bill specifically targets lead, cadmium, and arsenic. Manufacturers are required to hire independent, accredited laboratories to test their products and must report these results to the Department of Business Regulation. The legislation establishes fines of up to $250,000 for violations, mandates product labeling, and funds a state-run public education campaign regarding these safety risks.

For younger readers

This law is designed to keep people safe when they use products to clean themselves or look nice, like makeup, lotions, or other bathroom items. Sometimes, dangerous metals like lead can accidentally get into these products. This law says that companies are not allowed to sell these items in Rhode Island if they have too much of those bad metals in them. The companies must test their products to prove they are safe. If they break the rules, they have to pay a lot of money and the government can take the unsafe products away.

Who & Where It Applies

Impacted groups
Manufacturers of personal care productsConsumersDepartment of Business RegulationRetailersIndependent testing laboratories
Impacted communities
All

Constitutional & Fiscal Check

Low risk

Low Risk. The bill grants the Department of Business Regulation the authority to seize products, which implicates Fourth Amendment protections against unreasonable seizures. However, highly regulated industries generally face a lower threshold for administrative inspections and seizures. The labeling requirement constitutes compelled commercial speech, but courts typically uphold disclosure requirements that are factual and intended to protect public health. Due process is satisfied through standard administrative appeal channels regarding the fines.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Protects public health, particularly for women and marginalized communities who are disproportionately heavy users of personal care and cosmetic products, by strictly limiting exposure to heavy metals.
  • Holds corporations accountable for product safety by mandating independent laboratory testing and public reporting, preventing self-regulation failures.
  • Empowers consumers through a state-funded public education campaign and mandatory labeling, ensuring citizens are informed about potential environmental health risks.
  • The costs associated with mandatory independent testing and compliance may be passed on to consumers, potentially raising the price of essential hygiene products for low-income individuals.
  • The implementation date is delayed until 2030, leaving consumers exposed to potential toxins for several years despite the legislature acknowledging the health risks.
  • Enforcement is housed within the Department of Business Regulation rather than the Department of Health, which could lead to prioritization of commercial interests over strict health outcomes.
For Conservatives
  • Establishes clear, quantifiable metrics (parts per million) for compliance, providing businesses with specific targets rather than vague regulatory language.
  • Includes a delayed effective date of 2030, granting the industry a significant timeframe to adjust supply chains and manufacturing processes without immediate economic shock.
  • Contains a severability clause, ensuring that if one specific regulation within the act is found legally unsound, the entire legal framework does not collapse.
  • Imposes heavy regulatory burdens on private businesses by mandating expensive testing by third-party laboratories and requiring detailed reporting to the state.
  • Grants the government excessive power to seize private property (product inventory) and levy massive civil penalties of up to $250,000 per violation.
  • Increases government spending by mandating taxpayer-funded grants for research and development and requiring the state to manage a public awareness campaign.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 72 additions

SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter: 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.

(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.