PRINTER'S NO. 2575
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1858
Session of
2017
INTRODUCED BY V. BROWN, MURT, MILLARD, CALTAGIRONE, VAZQUEZ,
BOBACK, KINSEY, HELM, HILL-EVANS, RABB AND SIMS,
OCTOBER 16, 2017
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 16, 2017
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 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 a menstrual cup, scented, scented deodorized or
unscented menstrual pad or tampon, therapeutic vaginal douche
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apparatus or obstetrical and gynecological device 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) and 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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