The New York State Senate

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

                                   496

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by M. of A. L. ROSENTHAL, BARRETT, GOTTFRIED, EPSTEIN, WEPRIN
  --  Multi-Sponsored  by -- M. of A. GLICK -- read once and referred to
  the Committee on Economic Development

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.
                                                           LBD01858-01-9

A. 496                              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.