N.J. Admin. Code § 8:21-1.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:21-1.6 - Labeling, sale, and distribution of cosmetics for professional use only

(a) For the purposes of this section, a cosmetic labeled for professional use only which is offered for sale or distribution to a consumer shall be deemed to be misbranded within the meaning of 24:5-18.1 at the time such cosmetic is offered for such sale or distribution.

(b) No person shall distribute or sell, or have in his or her possession with intent to distribute or sell, any cosmetic labeled for professional use only except to professional barbers, professional beauticians, licensed beauty salons, licensed schools of beauty culture, other beauty culture professions, or licensed wholesale establishments.

(c) Any person who offers a cosmetic labeled for professional use only for sale or distribution shall make reasonable inquiries regarding a person's professional status or affiliation as necessary to determine their qualifications to purchase such products so that the retail sale or distribution of such cosmetic may be prevented. This requirement shall not apply to the sale or distribution of cosmetics labeled for professional use only between wholesale establishments.

(d) Cosmetics labeled for professional use only when displayed for sale in a combined retail-wholesale establishment shall be kept separate and apart from retail merchandise. Where such cosmetics are accessible to the general public, posters measuring at least 8 1/2 by 11 inches with lettering measuring at least one-half inch in height shall be conspicuously displayed in all such display areas and contain the following statement, "NOTICE--FOR SALE ONLY TO LICENSED PROFESSIONALS."

(e) A cosmetic labeled for professional use only shall be exempt from all the provisions of this section if it can be shown through factual and scientific evidence in the possession of the person offering such product for sale or distribution prior to such offering that:

1. Such cosmetic does not require professional skill or knowledge for its safe or effective use;

2. Such cosmetic does contain necessary warnings, cautions, and directions for its safe and effective use in such terms as to render it likely to be read and understood by the consumer under customary conditions of purchase and use; and

3. Such cosmetic is labeled in compliance with all State and Federal requirements for retail sale.

(f) A cosmetic labeled for professional use only which has a retail counterpart identical in name, chemical composition, packaging (size, etc.) and labeling (directions, cautions, etc.) shall be exempt from all provisions of these rules.

N.J. Admin. Code § 8:21-1.6