; (iii) if the ingredient or nonfunctional constituent (or category thereof) is lawfully used or present in other products regulated by the Secretary, the scientific basis for such use; and (iv) experience with the ingredient or nonfunctional constituent (or category thereof) in products that are distributed in the United States or in other countries, if such experience is well-documented and has resulted in substantial human exposure to the ingredient or nonfunctional constituent over time. (h) Coal tar hair dye In assessing for purposes of this section the safety of coal tar hair dye or any ingredient or nonfunctional constituent therein, the Secretary shall not make a determination that the dye, ingredient, or nonfunctional constituent is not safe for use in cosmetic products solely because the dye, ingredient, or nonfunctional constituent can cause allergic reactions. 609. Safety of finished cosmetic products (a) Determination (1) In general Each responsible person for a finished cosmetic product shall, before first distributing the product for sale, make a written determination that the product is safe under the conditions of use recommended in the labeling of the product. Such determination shall be based on adequate evidence that— (A) each ingredient in the finished product is safe for the use recommended or suggested in the labeling of the product and for the customary or usual use of the product