respect to the health of humans beyond the scope of section 608 should utilize the safety assessment criteria described in section 608(h). (c) State requirement that is in full effect and implemented For purposes of this section: (1) State requirement A State requirement includes a State requirement that is adopted by a State public initiative or referendum. (2) Full effect and implemented The term full effect and implemented includes requirements of States that are implemented after the date of enactment of the Personal Care Products Safety Act , if such requirements are under a law that was in effect, or a lawful program that was established and functioning, prior to the date of enactment of the Personal Care Products Safety Act . (d) Limitation Nothing in the amendments to this Act made by the Personal Care Products Safety Act shall be construed to preempt any State statute, public initiative, referendum, or other State action, except as expressly provided in this section. (e) Savings Nothing in the amendments to this Act made by the Personal Care Products Safety Act , nor any standard, rule, requirement, regulation, adverse event report, safety assessment, safety determination, scientific assessment, or order issued or implemented pursuant to such amendments, shall be construed to modify or otherwise affect, preempt, or displace any cause of action or State or Federal law creating a remedy for civil relief or criminal cause of action, whether statutory or based in common law. . 110. Reporting Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq.), as amended by section 109, is further amended by adding at the end the following: 618. Reporting (a) Performance report Beginning with fiscal year 2018, and not later than 60 days prior to the end of each fiscal year for which fees are collected under section 744L, the Food and Drug Administration shall prepare and submit to Congress a report concerning the progress of the Food and Drug Administration in achieving the objectives of the