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PRINTER'S NO. 475
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
487
Session of
2019
INTRODUCED BY BOBACK, MURT, PICKETT, MILLARD, McNEILL,
YOUNGBLOOD, HILL-EVANS, RABB, CALTAGIRONE, KIRKLAND AND
GILLEN, FEBRUARY 12, 2019
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 12, 2019
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
definitions and for misbranding.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(b) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended by adding a definition to
read:
Section 2. Definitions.--* * *
(b) As used in this act:
* * *
"Menstrual hygiene product" means a menstrual product,
including, but not limited to, a menstrual cup, scented, scented
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deodorized or unscented menstrual pad or tampon; or therapeutic
vaginal douche apparatus as provided under 21 CFR 884.5400
(relating to menstrual cup), 884.5425 (relating to scented or
scented deodorized menstrual pad), 884.5435 (relating to
unscented menstrual pad), 884.5460 (relating to scented or
scented deodorized menstrual tampon), 884.5470 (relating to
unscented menstrual tampon) or 884.5900 (relating to therapeutic
vaginal douche apparatus).
* * *
Section 2. Section 8 of the act is amended by adding a
subsection to read:
Section 8. Misbranding.--A controlled substance, other drug
or device or cosmetic shall be deemed to be misbranded:
* * *
(2.1) If it is a device which is a menstrual hygiene product
in package form unless it bears a label listing the name of each
ingredient or component of the menstrual hygiene product in
order of the most predominant ingredient or component to the
least predominant ingredient or component.
* * *
Section 3. This act shall take effect in one year.
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