Bill Text: HI SB2113 | 2018 | Regular Session | Amended
Bill Title: Relating To Animals.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2018-03-23 - Passed Second Reading and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) C. Lee, Lowen, McDermott, Souki, Tokioka excused (5). [SB2113 Detail]
Download: Hawaii-2018-SB2113-Amended.html
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THE SENATE |
S.B. NO. |
2113 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ANIMALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there are no federal laws in the United States that prohibit the use of animals for cosmetic or household product testing or require companies to first look to available test alternatives. On the state level, three states require alternative test methods, if available, to be used for cosmetic and household product testing. In 2000, California became the first state in the nation to mandate the use of alternative test methods, and New Jersey and New York followed in 2007 and 2008, respectively.
The purpose of this Act is to prohibit manufacturers and contract testing facilities in Hawaii from using animal test methods for the purpose of testing cosmetics or household products if an alternative test method is available.
SECTION 2. Chapter 142, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§142- Animal
testing; alternative methods. (a) No manufacturer or contract testing facility in
the State shall use an animal test method for the purpose of testing cosmetics
or household products if an alternative method is available that provides
information of equivalent or better scientific quality.
(b) Nothing in this section shall prohibit the
use of test methods or strategies that do not use animals and are not
alternative methods as defined under subsection (f).
(c) Nothing in this section shall prohibit the use
of animal test methods:
(1) To comply with
requirements of state agencies;
(2) To comply with
requirements of federal agencies when the federal agency concludes that the
alternative method does not assure the health or safety of consumers; or
(3) That are necessary
to prevent the introduction and establishment of plants, animals, and diseases
that are detrimental to the State's agricultural industry and the environment,
to protect the health and safety of people, or for purposes of national
defense.
(d) Nothing in this section shall apply to any
animal test method performed for the purposes of medical research, neuroscience,
and basic science testing, education, and research.
(e) Notwithstanding any other law to the
contrary, the exclusive remedy for any violation of this section shall be a
civil action for injunctive relief brought by the attorney general in the
circuit court of the circuit where the alleged violation occurred. The court may impose a civil fine not to exceed
$5,000 on the manufacturer or contract testing facility in violation of this
section.
(f) For purposes of this section:
"Alternative method"
means a test method or strategy that:
(1) Does not use
animals, or uses fewer animals or causes less suffering to animals when there
is no appropriate non-animal test method or strategy available; and
(2) Has been validated
according to international validation principles or identified by validation
bodies, and adopted by the relevant federal agency or program within an agency
responsible for regulating the specific product or activity for which the test
method or strategy is being conducted.
"Alternative method" includes but is
not limited to computational toxicology and bioinformatics, high throughput
screening methods, chemical substance category testing, tiered testing methods,
in vitro studies, and systems biology, including new or revised methods.
"Animal" means a live
vertebrate nonhuman animal.
"Animal test method"
means a process or procedure using animals to obtain information on the
characteristics of a chemical or agent, or the biological effect of exposure to
a chemical or agent, under specified conditions.
"Contract testing
facility" means any partnership, corporation, association, or other legal entity
that tests chemicals, ingredients, product formulations, or products in this
State.
"Manufacturer" means
any partnership, corporation, association, or other legal entity that produces
chemicals, ingredients, product formulations, or products in this State.
"Medical research"
means research related to the causes, diagnosis, treatment, control, or
prevention of physical or mental diseases and impairments of humans and
animals, or related to the development of biomedical products, devices, or
drugs. "Medical research"
shall not include the testing of an ingredient that was formerly used in a
drug, was tested for drug use by humans under animal test methods aimed to
characterize the ingredient and substantiate its safety, and is proposed for
use in a product other than a biomedical product, device, or drug."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Animals; Animal Testing; Alternatives; Manufacturer; Contract Test Facility; Penalty
Description:
Prohibits manufacturers and contract testing facilities in Hawaii from using animal test methods for the purpose of testing cosmetics or household products for which an alternative test method is available. Imposes a civil fine and authorizes the attorney general to seek injunctive relief and any other recovery of damages. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
