IC 16-42-4
    Chapter 4. Uniform Food, Drug, and Cosmetic Act: Adulterationor Misbranding of Cosmetics

IC 16-42-4-1
Hair dye defined
    Sec. 1. As used in this chapter, "hair dye" does not includeeyelash dyes or eyebrow dyes.
As added by P.L.2-1993, SEC.25.

IC 16-42-4-1.1
Duties of state veterinarian and state board of animal health
    Sec. 1.1. (a) The state veterinarian shall act in place of the statehealth commissioner under this chapter when impounding ordisposing of adulterated or misbranded products under IC 15-17-5 orIC 15-18-1.
    (b) The Indiana state board of animal health shall act in place ofthe state department of health under this chapter when impoundingor disposing of adulterated or misbranded products under IC 15-17-5or IC 15-18-1.
As added by P.L.137-1996, SEC.71. Amended by P.L.2-2008,SEC.44.

IC 16-42-4-2
Adulterated cosmetics
    Sec. 2. A cosmetic is considered to be adulterated under thefollowing conditions:
        (1) If the cosmetic bears or contains a poisonous or deleterioussubstance that may make the cosmetic injurious to users underthe conditions of use prescribed in the labeling of the cosmeticor under the conditions of use that are customary or usual.However this subdivision does not apply to coal-tar hair dye ifthe following conditions are met:
            (A) The label on the dye conspicuously displays thefollowing message:
            "Caution . This product contains ingredients that may causeskin irritation on certain individuals and a preliminary testaccording to accompanying directions should first be made.This product must not be used for dyeing the eyelashes oreyebrows; to do so may cause blindness.".
            (B) The labeling contains adequate directions forpreliminary testing.
        (2) If the cosmetic consists in whole or in part of a filthy, putrid,or decomposed substance.
        (3) If the cosmetic has been prepared, packed, or held underunsanitary conditions as the result of which the cosmetic mayhave become contaminated with filth or as the result of whichthe cosmetic may have been made injurious to health.
        (4) If the container of the cosmetic is composed in whole or inpart of a poisonous or deleterious substance that may make the

contents injurious to health.
        (5) If the cosmetic is not a hair dye and the cosmetic is, bears,or contains a color additive that is unsafe under IC 16-42-2-5.
As added by P.L.2-1993, SEC.25.

IC 16-42-4-3
Misbranded cosmetics
    Sec. 3. A cosmetic is considered to be misbranded under thefollowing conditions:
        (1) If the cosmetic's labeling is false or misleading in any way.
        (2) If the cosmetic is in package form unless the cosmetic bearsa label containing the following:
            (A) The name and place of business of the manufacturer,packer, or distributor.
            (B) An accurate statement of the quantity of the contents interms of weight, measure, or numerical count.
        However, reasonable variations are permitted under clause (B)and exemptions for small packages shall be established by rulesadopted by the state department.
        (3) If a word, statement, or other information required by thischapter or a rule adopted under IC 16-42-1-2 to appear on thelabel or labeling is not prominently placed on the label withsuch conspicuousness (as compared with other words,statements, designs, or devices in the labeling) and in suchterms as to make the label or labeling likely to be read andunderstood by the ordinary individual under customaryconditions of purchase and use.
        (4) If the container of the cosmetic is so made, formed, or filledas to be misleading.
As added by P.L.2-1993, SEC.25.

IC 16-42-4-4
Cosmetics in transit for processing, labeling, or repacking;exemption
    Sec. 4. A cosmetic that, in accordance with the practice of thetrade, is to be processed, labeled, or repacked in substantialquantities at an establishment other than the establishment where thecosmetic was originally processed or packed is exempt from theaffirmative labeling requirements of IC 16-42-1 through IC 16-42-4while the cosmetic is in transit in intrastate commerce from one (1)establishment to the other if the transit is made in good faith forcompletion purposes only, but the cosmetic is otherwise subject to allthe applicable provisions of IC 16-42-1 through IC 16-42-4.
As added by P.L.2-1993, SEC.25.

IC 16-42-4-5
Chapter violations; offenses
    Sec. 5. (a) Except as otherwise provided, a person who recklesslyviolates or fails to comply with this chapter commits a Class Bmisdemeanor.    (b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.25.