The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5145--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M. of A. L. ROSENTHAL, BARRETT, GOTTFRIED -- Multi-Spon-
  sored 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:

  Section 1. The general business law is amended by adding a new section
399-aaaa to read as follows:
  § 399-AAAA. SELLING OF ANIMAL TESTED COSMETICS. 1. FOR THE PURPOSES OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COSMETIC" SHALL MEAN (1) ARTICLES INTENDED TO BE RUBBED,  POURED,
SPRINKLED,  OR  SPRAYED ON, INTRODUCED INTO, OR OTHERWISE APPLIED TO THE
HUMAN BODY OR ANY PART THEREOF  FOR  CLEANSING,  BEAUTIFYING,  PROMOTING
ATTRACTIVENESS, OR ALTERING THE APPEARANCE, INCLUDING BUT NOT LIMITED TO
PERSONAL HYGIENE PRODUCTS SUCH AS DEODORANT, SHAMPOO OR CONDITIONER, AND
(2) ARTICLES INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLES.
  (B)  "COSMETIC  ANIMAL  TESTING"  SHALL  MEAN THE INTERNAL OR EXTERNAL
APPLICATION OR EXPOSURE OF ANY COSMETIC TO THE SKIN, EYES, OR OTHER BODY
PART OF A LIVE NON-HUMAN VERTEBRATE FOR THE PURPOSE  OF  EVALUATING  THE
SAFETY OR EFFICACY OF A COSMETIC.
  2. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, CORPORATION
OR  ASSOCIATION  OR  AGENT OR EMPLOYEE THEREOF TO MANUFACTURE, KNOWINGLY
IMPORT FOR PROFIT, SELL AT RETAIL OR  OFFER  FOR  SALE  AT  RETAIL,  ANY
COSMETIC  IF THE FINAL PRODUCT OR ANY COMPONENT THEREOF WAS DEVELOPED OR
MANUFACTURED USING COSMETIC ANIMAL TESTING AFTER THIS SECTION SHALL HAVE
BECOME A LAW.
  3. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
TORY TO HIM OR HER THAT ANY PERSON, FIRM,  PARTNERSHIP,  CORPORATION  OR
ASSOCIATION  OR  AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD05129-02-7

A. 5145--A                          2

THIS SECTION, HE OR SHE MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE
SUPREME COURT FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION
AND FOR A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR  THE
FIRST  VIOLATION  AND NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH SUBSE-
QUENT VIOLATION.  THIS SECTION SHALL ONLY APPLY TO COSMETIC  INGREDIENTS
THAT WERE DEVELOPED OR MANUFACTURED PREDOMINATELY FOR COSMETICS.
  §  2.  This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law.