C.R.S. § 25-5-429: Chemicals used in hair relaxers and hair pieces - warning labels - deceptive trade practice - short title - rules - definitions.

(1) The short title of this section is the "Hair Product Transparency and Safety Act".

(2) As used in this section, unless the context otherwise requires:

(a) "Carcinogen" means a chemical identified as:

(I) A "group 1 carcinogen" or "group 2A carcinogen" by the International Agency for Research on Cancer established by the World Health Organization;

(II) "Known to be a human carcinogen" or "reasonably anticipated to be a human carcinogen" by the secretary of the federal department of health and human services pursuant to the federal "Public Health Service Act", 42 U.S.C. sec. 241 (b)(4); or

(III) A "group A carcinogen" or "group B carcinogen" by the United States environmental protection agency.

(b) "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation, or metabolism.

(c) "Covered hair product" means a hair relaxer product or a hairpiece product.

(d) "Hairpiece product" means a hair extension, a wig, or other hairpiece product, including decorative hair adornments.

(e) "Hair relaxer product" means a product topically applied to hair for the purposes of weakening the structure and curliness of the hair fiber and allowing for a straightening of the hair.

(f) (I) "Intentionally added" means a chemical that is purposefully introduced to a covered hair product by a manufacturer and that remains in the covered hair product as sold, offered for sale, or distributed in the state in a concentration greater than one hundred parts per million or above a threshold identified by an entity described in subsection (2)(a) or (2)(i) of this section as injurious to human health, whichever is lower.

(II) "Intentionally added" does not include the incidental presence of a chemical.

(g) "Incidental presence" means the unintentional presence of a chemical, as a nonessential raw material, a byproduct of a raw material, or a processing agent, used during the manufacturing process of a covered hair product if the chemical is inherent to or results from the manufacturing process.

(h) (I) "Manufacturer" means a person that manufactures a covered hair product or whose brand name is affixed to a covered hair product.

(II) "Manufacturer" includes, in the case of a covered hair product that is imported into the United States, the importer or first domestic distributor of the covered hair product if the person that manufactures the covered hair product or whose brand name is affixed to the covered hair product does not have a presence in the United States.

(i) "Reproductive toxicant" means a chemical identified as a reproductive or a developmental toxicant by the Center for the Evaluation of Risks to Human Reproduction established by the National Toxicology Program.

(3) (a) On and after July 1, 2027, a manufacturer shall not sell, offer for sale, or distribute a covered hair product in the state, including through an internet transaction, that contains an intentionally added carcinogen or a reproductive toxicant unless the covered hair product includes a clear and conspicuous warning label or, in the case of an internet transaction, a clear and conspicuous online warning statement that notifies the consumer at the time of sale that the covered hair product contains an intentionally added carcinogen or reproductive toxicant.

(b) The clear and conspicuous warning label or online warning statement described in subsection (3)(a) of this section must be printed in no less than size twelve-point font and must state:

(I) If the covered hair product contains an intentionally added carcinogen, "This product contains a chemical known to cause cancer";

(II) If the covered hair product contains an intentionally added reproductive toxicant, "This product contains a chemical known to cause birth defects or other reproductive harm"; or

(III) If the covered hair product contains both an intentionally added carcinogen and an intentionally added reproductive toxicant, "This product contains chemicals known to cause cancer and birth defects or other reproductive harm".

(4) On and after July 1, 2028, the attorney general may adopt rules updating the warning label requirement described in subsection (3) of this section.

(5) A violation of this section by a manufacturer constitutes a deceptive trade practice under article 1 of title 6.

(6) This section does not apply to a covered hair product that is sold or distributed to a commercial entity for professional use and is not offered for retail sale to a consumer in the state.