; or (2) with respect to the safety of a cosmetic ingredient or non-functional constituent that is the subject of a final order on a determination of safety under this chapter, unless the requirement of the State or political subdivision is more restrictive than the final order under section 608(d)(3). (b) Safety of cosmetic ingredients and non-Functional constituents (1) Delayed effect of new State requirements (A) In general From the date that the Food and Drug Administration has made public the final selection of a cosmetic ingredient or non-functional constituent to be reviewed in the coming year under section 608(a)(3)(B) and opened the public comment period under section 608(a)(2), until the date that is one year after the Food and Drug Administration has made public such selection, no State or political subdivision of a State may establish any new requirement related to such cosmetic ingredient or non-functional constituent. (B) Initial review With respect to the cosmetic ingredients to be reviewed in the first year, in accordance with section 608(a)(3)(A), for the 1-year period beginning on the date that is 6 months after the date of enactment of the Personal Care Products Safety Act , no State or political subdivision of a State may establish any new requirement related to such cosmetic ingredient or non-functional constituent. (2) Scope Subsection (a)(2) shall not be construed to affect the authority of a State or political subdivision of a State with respect to any requirement for the safety of a cosmetic ingredient or non-functional constituent that is unrelated to the scope of the safety assessment under section 608. (3) Sense of Congress It is the sense of Congress that a State or political subdivision that regulates the safety of cosmetics with 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