S T A T E O F N E W Y O R K
________________________________________________________________________
4250
2019-2020 Regular Sessions
I N S E N A T E
March 5, 2019
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Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01858-01-9
S. 4250 2
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.