Legislation

by Karyn How

Hello! Welcome to the legislation section, where you will learn about federal agencies that "regulate" the nail salon industry. This section also focuses on the lack of regulation and current existing legislation and regulations that affect the nail salon industry in the United States.

Keep scrolling to see how this impacts you!

Federal Agencies

These regulatory agencies develop legislation and regulations that impact the nail salon industry. However, there are many limitations to the legislation passed and often fail to protect nail salon workers, like you, showing the lack of federal regulation and oversight.

U.S. Food and Drug Administration (FDA)

In charge of regulating cosmetics (which include nail polish, solvents, and all nail products used in manicures)

BUT lacks enforcement authority and cannot remove harmful cosmetic products from the consumer market (1).

Cosmetic Ingredient Review (CIR)

Created to review ingredients in the cosmetics industry

BUT lacks credibility because it polices its own procedures and policies (1).

Environmental Protection Agency (EPA)

Found that long term exposure to toxic substances in nail salons can cause health risks

BUT does not have the power to regulate ingredients in cosmetic products in regards to EDCs (1).

Occupational Safety and Health Administration (OSHA)

Regulates permissible exposure limits (PELs) for hazardous chemicals in nail salons

BUT these exposure limits fail to consider exposure to toxic blends (different chemicals mixing together) and how safe exposure levels vary across nail technicians (1).

Existing Legislation & Regulations

Here are some current legislation that impact nail salon workers and regulate the nail salon industry. Hover over each card to learn more about the limitations of these regulations and how they may affect you!

Food, Drug, and Cosmetic Act (FDCA) of 1938

Limitations:
- Does not protect nail technicians from injury because the cosmetic products are still used for their intended use
- No FDA approval for cosmetic products and ingredients before they go on the market
- No authority to regulate ingredient formulations
- No legal authority to enforce or actively remove harmful cosmetic products from the market and relies on voluntary compliance (1).

This act allowed the FDA the power to tighten control over drugs and food. There were more consumer protection against unlawful cosmetics and medical devices (2).

Occupational Safety and Health Act of 1970

Limitations:
- Resources and funding is not enough for proper enforcement of regulations (3)
- Standards in regards to personal protective equipment (PPE) like gloves and safe working environments are not well regulated for nail salons

This act aimed to ensure safe working conditions by creating work standards and providing training, outreach, education, and assistance.

Act also created the Occupational Safety and Health Administration (OSHA) agency to improve work conditions (3)

Safe Cosmetics Act of 2005 (California)

Limitations:
- Does not recognize any “safe harbor” levels for reporting - any amount of a suspect chemical must be reported
- Requires labeling but does not actually regulate the usage of chemicals (4)
- Only applies to California

This act required that manufacturers must report the usage of chemicals that are suspected to cause cancer and reproductive harm (4).

Assembly Bill No. 647 (Passed 2019 in California)

Limitations:
- Only applies to California
- Nail salon workers may not be aware of and able to access the websites

This bill required that manufacturers must create Material Safety Data Sheets for cosmetics in different languages (Spanish, Vietnamese, Chinese, and Korean) and post these sheets on the manufacturer websites (5)

Bill added this section to the Labor Code

Effects of Poor Regulation

Poor regulation of nail salons and EDCs on behalf of regulatory agencies leads to increased workplace exposures. Added together with the factor of the lack of knowledge and awareness surrounding the impact of EDCs in nail products, nail salon workers, like you, may be unable to protect themselves from exposure consequently leading to many experiencing detrimental health conditions (1).

The lack of legislation and enforcement surrounding EDCs and the nail salon industry is telling of how little regulation exists in the industry and only serves to emphasize the need for improving current working conditions and lessening the long term occupational exposure you may face working everyday with products that contain EDCs.

**On a more positive note about change, read below about the bill in progress to see how it may affect you and find out how you can get involved.**

Special Feature: Bill in Progress!

Here is an upcoming bill from 2021 that is currently being reviewed by the House of Representatives. Click the arrow to read more about a critical act included in the Bill HR 5540 - Federal Safe Cosmetics Beauty Bill Package (6).

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