senate Bill S4839A

2021-2022 Legislative Session

Prohibits the manufacture or sale of cosmetics tested on animals

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 26, 2021 print number 4839a
Apr 26, 2021 amend and recommit to consumer protection
Feb 16, 2021 referred to consumer protection

Co-Sponsors

view additional co-sponsors

S4839 - Details

See Assembly Version of this Bill:
A5653
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-aaaaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8636
2017-2018: A5145
2019-2020: S4250, A496

S4839 - Summary

Prohibits the manufacture or sale of cosmetics tested on animals; punishable by a fine of not more than five hundred dollars for the first violation and not more than one thousand dollars for each subsequent violation; the attorney general may investigate and bring an action for violations.

S4839 - Sponsor Memo

S4839 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4839
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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-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
 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.

Co-Sponsors

view additional co-sponsors

S4839A (ACTIVE) - Details

See Assembly Version of this Bill:
A5653
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-aaaaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8636
2017-2018: A5145
2019-2020: S4250, A496

S4839A (ACTIVE) - Summary

Prohibits the manufacture or sale of cosmetics tested on animals; punishable by a fine of not more than five hundred dollars for the first violation and not more than one thousand dollars for each subsequent violation; the attorney general may investigate and bring an action for violations.

S4839A (ACTIVE) - Sponsor Memo

S4839A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4839--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced by Sens. BIAGGI, ADDABBO, BRISPORT, COONEY, HOYLMAN, KRUEGER,
   SERRANO  --  read  twice  and  ordered printed, and when printed to be
   committed  to  the  Committee  on  Consumer  Protection  --  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.

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