S-1906               _______________________________________________

                                                   SENATE BILL NO. 5962

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State of Washington                               51st Legislature                              1989 Regular Session

By Senator Niemi

Read first time 2/20/89 and referred to Committee on  Health Care & Corrections.

AN ACT Relating to the labeling of cosmetics; and amending RCW 69.04.690.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 87, chapter 257, Laws of 1945 and RCW 69.04.690 are each amended to read as follows:

(1) A cosmetic shall be deemed to be misbranded (((1))) (a) if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or (((2))) (b) if its container is so made, formed, or filled as to be misleading.

(2) It shall be unlawful for any person to sell at retail or display for sale at retail any nail care product containing formaldehyde without having on the package or container in which the same is sold a label which includes the following statement : "WARNING:  THIS PRODUCT CONTAINS FORMALDEHYDE, WHICH MAY CAUSE RESPIRATORY IRRITATION AND NAIL DAMAGE."