Hawaii-2018-SB2113-Amended

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).

(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.

THE SENATE	S.B. NO.	2113
TWENTY-NINTH LEGISLATURE, 2018		S.D. 2
STATE OF HAWAII