The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5653
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 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-aaaaa to read as follows:
   §  399-AAAAA.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00380-01-1

 A. 5653                             2
 
 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.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5653--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The general business law is amended by adding a new section
 399-aaaaa to read as follows:
   § 399-AAAAA. SELLING OF ANIMAL TESTED COSMETICS. 1. FOR  THE  PURPOSES
 OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COSMETIC"  SHALL  MEAN  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.
   (B) "ANIMAL TESTING" SHALL MEAN THE INTERNAL OR  EXTERNAL  APPLICATION
 OF  A  COSMETIC,  EITHER IN ITS FINAL FORM OR ANY INGREDIENT THEREOF, TO
 THE SKIN, EYES, OR OTHER BODY PART OF A LIVE NON-HUMAN VERTEBRATE.
   (C) "INGREDIENT" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN  21  CFR
 700.3(E).
   (D)  "MANUFACTURER"  SHALL  MEAN  ANY PERSON WHOSE NAME APPEARS ON THE
 LABEL OF A COSMETIC PURSUANT TO THE REQUIREMENTS OF 21 CFR 701.12.
   (E) "SUPPLIER" SHALL  MEAN  ANY  ENTITY  THAT  SUPPLIES,  DIRECTLY  OR
 THROUGH  A  THIRD  PARTY,  ANY  INGREDIENT USED BY A MANUFACTURER IN THE
 FORMULATION OF A COSMETIC.
   2. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IT SHALL BE  UNLAWFUL
 FOR  A  MANUFACTURER TO IMPORT FOR PROFIT, SELL OR OFFER FOR SALE IN THE
 STATE, ANY COSMETIC WHICH THE MANUFACTURER  KNEW  OR  REASONABLY  SHOULD
 HAVE  KNOWN  THAT  ANIMAL  TESTING  WAS CONDUCTED OR CONTRACTED BY OR ON
 BEHALF OF THE MANUFACTURER OR ANY SUPPLIER OF THE  MANUFACTURER  IF  THE
 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
 
   3. THIS SECTION DOES NOT APPLY TO ANIMAL TESTING THAT IS CONDUCTED:
   (A) AS A REQUIREMENT OF ANY FEDERAL OR STATE REGULATORY AGENCY IF:
   (I) THE COSMETIC OR AN INGREDIENT IN THE COSMETIC WHICH IS BEING TEST-
 ED  IS IN WIDE USE AND CANNOT BE REPLACED BY ANOTHER INGREDIENT WHICH IS
 CAPABLE OF PERFORMING A SIMILAR FUNCTION; AND
   (II) A SPECIFIC HUMAN HEALTH  PROBLEM  RELATING  TO  THE  COSMETIC  OR
 INGREDIENT  IS  SUBSTANTIATED  AND THE NEED TO CONDUCT ANIMAL TESTING IS
 JUSTIFIED AND SUPPORTED BY A DETAILED  PROTOCOL  FOR  RESEARCH  THAT  IS
 PROPOSED  AS THE BASIS FOR THE EVALUATION OF THE COSMETIC OR INGREDIENT;
 AND
   (III) THERE DOES NOT EXIST A METHOD OF TESTING OTHER THAN ANIMAL TEST-
 ING THAT IS ACCEPTED FOR THE RELEVANT PURPOSE  BY  A  FEDERAL  OR  STATE
 REGULATORY AGENCY.
   (B)  AS  A REQUIREMENT OF ANY REGULATORY AGENCY OF A FOREIGN JURISDIC-
 TION, IF NO EVIDENCE DERIVED  FROM  SUCH  TESTING  WAS  RELIED  UPON  TO
 SUBSTANTIATE  THE  SAFETY  OF  A  COSMETIC  SOLD WITHIN THE STATE BY THE
 MANUFACTURER.
   (C) FOR ANY PRODUCT OR INGREDIENT IN A COSMETIC WHICH  IS  SUBJECT  TO
 THE REQUIREMENTS UNDER 21 USC SUBCHAPTER V.
   (D)  FOR PURPOSES NOT RELATED TO COSMETICS AS REQUIRED BY ANY FEDERAL,
 STATE OR FOREIGN REGULATORY AGENCY, PROVIDED THAT  NO  EVIDENCE  DERIVED
 FROM  SUCH  TESTING  WAS  RELIED  UPON  TO  SUBSTANTIATE THE SAFETY OF A
 COSMETIC SOLD WITHIN THE STATE BY THE MANUFACTURER, UNLESS:
   (I) DOCUMENTARY EVIDENCE EXISTS THAT THE INTENT OF THE ANIMAL  TESTING
 WAS UNRELATED TO COSMETICS; AND
   (II)  THERE  IS  A  HISTORY  OF THE USE OF THE INGREDIENT UNRELATED TO
 COSMETICS FOR A MINIMUM OF TWELVE MONTHS.
   4. THIS SECTION DOES NOT APPLY TO A COSMETIC:
   (A) IF IN ITS FINAL FORM, SUCH COSMETIC WAS TESTED ON  ANIMALS  BEFORE
 THE EFFECTIVE DATE OF THIS SECTION, EVEN IF THE COSMETIC IS MANUFACTURED
 ON OR AFTER SUCH DATE.
   (B)  IF AN INGREDIENT CONTAINED IN SUCH COSMETIC WAS TESTED ON ANIMALS
 AND SOLD IN NEW YORK STATE BEFORE THE EFFECTIVE DATE  OF  THIS  SECTION,
 EVEN IF SUCH INGREDIENT IS MANUFACTURED ON OR AFTER SUCH DATE.
   5.  THIS  SECTION  MAY NOT BE CONSTRUED TO PREVENT A MANUFACTURER FROM
 REVIEWING, ASSESSING OR RETAINING DATA RESULTING FROM ANIMAL TESTING.
   6. THE ATTORNEY GENERAL MAY UPON  A  DETERMINATION  THAT  THERE  IS  A
 REASONABLE LIKELIHOOD OF A VIOLATION OF THIS SECTION, REVIEW ANY TESTING
 DATA  ON  WHICH A MANUFACTURER HAS RELIED IN DETERMINING THE SAFETY OF A
 COSMETIC OR AN INGREDIENT IN A COSMETIC SOLD IN THE STATE. ANY  INFORMA-
 TION  DISCLOSED  UNDER THIS SECTION SHALL BE PROTECTED AS A TRADE SECRET
 AND THE ATTORNEY GENERAL SHALL ENTER INTO A PROTECTIVE  ORDER  WITH  THE
 MANUFACTURER  BEFORE  RECEIPT OF SUCH INFORMATION FROM THE MANUFACTURER.
 THE ATTORNEY GENERAL SHALL TAKE OTHER APPROPRIATE MEASURES AS  NECESSARY
 TO  PRESERVE THE CONFIDENTIALITY OF THE INFORMATION PRODUCED PURSUANT TO
 THIS SECTION. THE ATTORNEY  GENERAL  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 THOUSAND
 DOLLARS  FOR  THE FIRST VIOLATION AND NOT MORE THAN ONE THOUSAND DOLLARS
 PER DAY IF THE VIOLATION CONTINUES.
   7. NO COUNTY OR OTHER POLITICAL SUBDIVISION OF THE STATE MAY ESTABLISH
 OR CONTINUE ANY PROHIBITION ON OR RELATING TO ANIMAL TESTING, AS DEFINED
 IN THIS SECTION THAT IS NOT IDENTICAL TO THE PROHIBITIONS ESTABLISHED IN
 THIS SECTION.
   § 2. This act shall take effect January 1, 2022.