Bill Text: NY A05653 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the manufacture or sale of cosmetics tested on animals; punishable by a fine of not more than five thousand dollars for the first violation and not more than one thousand dollars per day if the violation continues; the attorney general may investigate and bring an action for violations.

Spectrum: Partisan Bill (Democrat 32-1)

Status: (Introduced - Dead) 2022-05-25 - substituted by s4839b [A05653 Detail]

Download: New_York-2021-A05653-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5653--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2021
                                       ___________

        Introduced  by  M.  of  A.  L. ROSENTHAL,  BARRETT,  GOTTFRIED, EPSTEIN,
          WEPRIN, GONZALEZ-ROJAS, SIMON -- Multi-Sponsored by -- M. of A.  GLICK
          --  read once and referred to the Committee on Economic Development --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of cosmetics tested on animals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-aaaaa to read as follows:
     3    § 399-aaaaa. Selling of animal tested cosmetics. 1. For  the  purposes
     4  of this section the following terms shall have the following meanings:
     5    (a)  "Cosmetic"  shall  mean  articles  intended to be rubbed, poured,
     6  sprinkled, or sprayed on, introduced into, or otherwise applied  to  the
     7  human  body  or  any  part thereof for cleansing, beautifying, promoting
     8  attractiveness, or altering the appearance, including but not limited to
     9  personal hygiene products such as deodorant, shampoo or conditioner.
    10    (b) "Animal testing" shall mean the internal or  external  application
    11  of  a  cosmetic,  either in its final form or any ingredient thereof, to
    12  the skin, eyes, or other body part of a live non-human vertebrate.
    13    (c) "Ingredient" shall have the same meaning  as  defined  in  21  CFR
    14  700.3(e).
    15    (d)  "Manufacturer"  shall  mean  any person whose name appears on the
    16  label of a cosmetic pursuant to the requirements of 21 CFR 701.12.
    17    (e) "Supplier" shall  mean  any  entity  that  supplies,  directly  or
    18  through  a  third  party,  any  ingredient used by a manufacturer in the
    19  formulation of a cosmetic.
    20    2. Except as otherwise provided in this section, it shall be  unlawful
    21  for  a  manufacturer to import for profit, sell or offer for sale in the
    22  state, any cosmetic which the manufacturer  knew  or  reasonably  should
    23  have  known  that  animal  testing  was conducted or contracted by or on
    24  behalf of the manufacturer or any supplier of the  manufacturer  if  the
    25  animal testing was conducted after the effective date of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00380-04-1
        A. 5653--A                          2

     1    3. This section does not apply to animal testing that is conducted:
     2    (a) As a requirement of any federal or state regulatory agency if:
     3    (i) the cosmetic or an ingredient in the cosmetic which is being test-
     4  ed  is in wide use and cannot be replaced by another ingredient which is
     5  capable of performing a similar function; and
     6    (ii) a specific human health  problem  relating  to  the  cosmetic  or
     7  ingredient  is  substantiated  and the need to conduct animal testing is
     8  justified and supported by a detailed  protocol  for  research  that  is
     9  proposed  as the basis for the evaluation of the cosmetic or ingredient;
    10  and
    11    (iii) there does not exist a method of testing other than animal test-
    12  ing that is accepted for the relevant purpose  by  a  federal  or  state
    13  regulatory agency.
    14    (b)  As  a requirement of any regulatory agency of a foreign jurisdic-
    15  tion, if no evidence derived  from  such  testing  was  relied  upon  to
    16  substantiate  the  safety  of  a  cosmetic  sold within the state by the
    17  manufacturer.
    18    (c) For any product or ingredient in a cosmetic which  is  subject  to
    19  the requirements under 21 USC subchapter V.
    20    (d)  For purposes not related to cosmetics as required by any federal,
    21  state or foreign regulatory agency, provided that  no  evidence  derived
    22  from  such  testing  was  relied  upon  to  substantiate the safety of a
    23  cosmetic sold within the state by the manufacturer, unless:
    24    (i) documentary evidence exists that the intent of the animal  testing
    25  was unrelated to cosmetics; and
    26    (ii)  there  is  a  history  of the use of the ingredient unrelated to
    27  cosmetics for a minimum of twelve months.
    28    4. This section does not apply to a cosmetic:
    29    (a) If in its final form, such cosmetic was tested on  animals  before
    30  the effective date of this section, even if the cosmetic is manufactured
    31  on or after such date.
    32    (b)  If an ingredient contained in such cosmetic was tested on animals
    33  and sold in New York state before the effective date  of  this  section,
    34  even if such ingredient is manufactured on or after such date.
    35    5.  This  section  may not be construed to prevent a manufacturer from
    36  reviewing, assessing or retaining data resulting from animal testing.
    37    6. The attorney general may upon  a  determination  that  there  is  a
    38  reasonable likelihood of a violation of this section, review any testing
    39  data  on  which a manufacturer has relied in determining the safety of a
    40  cosmetic or an ingredient in a cosmetic sold in the state. Any  informa-
    41  tion  disclosed  under this section shall be protected as a trade secret
    42  and the attorney general shall enter into a protective  order  with  the
    43  manufacturer  before  receipt of such information from the manufacturer.
    44  The attorney general shall take other appropriate measures as  necessary
    45  to  preserve the confidentiality of the information produced pursuant to
    46  this section. The attorney  general  may  bring  an  action  or  special
    47  proceeding in the supreme court for a judgment enjoining the continuance
    48  of such violation and for a civil penalty of not more than five thousand
    49  dollars  for  the first violation and not more than one thousand dollars
    50  per day if the violation continues.
    51    7. No county or other political subdivision of the state may establish
    52  or continue any prohibition on or relating to animal testing, as defined
    53  in this section that is not identical to the prohibitions established in
    54  this section.
    55    § 2. This act shall take effect January 1, 2022.