NY State Senate Bill S4839B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 15, 2022	signed chap.682
Dec 12, 2022	delivered to governor
May 25, 2022	returned to senate passed assembly ordered to third reading cal.499 substituted for a5653b
May 10, 2022	referred to codes delivered to assembly passed senate
Mar 07, 2022	advanced to third reading
Mar 03, 2022	2nd report cal.
Mar 02, 2022	1st report cal.626
Feb 14, 2022	print number 4839b
Feb 14, 2022	amend and recommit to consumer protection
Jan 05, 2022	referred to consumer protection
Apr 26, 2021	print number 4839a
Apr 26, 2021	amend and recommit to consumer protection
Feb 16, 2021	referred to consumer protection

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S4839 - Details

See Assembly Version of this Bill:: A5653
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 thousand dollars for the first violation and not more than one thousand dollars per day if the violation continues; the attorney general may investigate and bring an action for violations.

S4839 - Sponsor Memo

 
BILL NUMBER: S4839

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of cosmetics tested on animals

 
PURPOSE:

This bill prohibits the sale of cosmetics that have been tested on
animals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the general business law by adding a new section
399-aaaa to bar the manufacture, import, or sale of any cosmetic product
tested on animals.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Over the last 20 years, consumers of all ages have demanded that cosmet-
ic companies stop using animals to test cosmetic products. In addition,
many consumers seek to purchase products that bear the label "not tested
on animals." Many cosmetic companies in the United States and abroad
have responded to consumer demand by eliminating the use of animals for
cosmetic testing.

Animal testing raises serious concerns, including (1) subjecting animals
to unnecessary pain and suffering and (2) that animal testing falls
short of ensuring human safety and this testing can, in fact, be
misleading. Modern, non- animal based cosmetic testing is far more accu-
rate and follows guidelines established by the Organization for Economic
Co-operation and Development (OECD) by using organisms like bacteria,
tissues and cells from humans as well as sophisticated computer models
or chemical methods. Many global companies have already implemented bans
on animal testing and the sale of cosmetics that have been tested on
animals. Because more than 30 countries already prohibit the sale of
animal-tested products, U.S. companies doing business in those countries
must already use non-animal testing methods. New York must join with the
30 other countries that have already outlawed animal-testing for cosmet-
ics. Only cosmetic ingredients that were developed or manufactured
predominately for cosmetic use are impacted by this bill.

 
LEGISLATIVE HISTORY:

2019-20: S4250/ A496 - Died in Consumer Protection
2017-18: A5145A -  Died in Economic Development
2015-16: A8636A - Died in Economic Development

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the three hundred sixty-fifth day after it
shall have become law.

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.

                                                            LBD00380-01-1

 S. 4839                             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.

Co-Sponsors

view additional co-sponsors

S4839A - Details

See Assembly Version of this Bill:: A5653
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 - Summary

S4839A - Sponsor Memo

 
BILL NUMBER: S4839A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of cosmetics tested on animals

 
PURPOSE:

This bill prohibits the sale of cosmetics that have been tested on
animals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the general business law by adding a new section
399-aaaa to bar the manufacture, import, or sale of any cosmetic product
tested on animals.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Over the last 20 years, consumers of all ages have demanded that cosmet-
ic companies stop using animals to test cosmetic products. In addition,
many consumers seek to purchase products that bear the label "not tested
on animals." Many cosmetic companies in the United States and abroad
have responded to consumer demand by eliminating the use of animals for
cosmetic testing.

Animal testing raises serious concerns, including (1) subjecting animals
to unnecessary pain and suffering and (2) that animal testing falls
short of ensuring human safety and this testing can, in fact, be
misleading. Modern, non- animal based cosmetic testing is far more accu-
rate and follows guidelines established by the Organization for Economic
Co-operation and Development (OECD) by using organisms like bacteria,
tissues and cells from humans as well as sophisticated computer models
or chemical methods. Many global companies have already implemented bans
on animal testing and the sale of cosmetics that have been tested on
animals. Because more than 30 countries already prohibit the sale of
animal-tested products, U.S. companies doing business in those countries
must already use non-animal testing methods. New York must join with the
30 other countries that have already outlawed animal-testing for cosmet-
ics. Only cosmetic ingredients that were developed or manufactured
predominately for cosmetic use are impacted by this bill.

 
LEGISLATIVE HISTORY:

2019-20: S4250/ A496 - Died in Consumer Protection
2017-18: A5145A - Died in Economic Development
2015-16: A8636A - Died in Economic Development

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the three hundred sixty-fifth day after it
shall have become law.

S4839A - 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00380-05-1

 S. 4839--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.

Co-Sponsors

view additional co-sponsors

S4839B (ACTIVE) - Details

See Assembly Version of this Bill:: A5653
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

S4839B (ACTIVE) - Summary

S4839B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4839B

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of cosmetics tested on animals

 
PURPOSE:

This bill prohibits the sale of cosmetics that have been tested on
animals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the general business law by adding a new section
399-aaaa to bar the manufacture, import, or sale of any cosmetic product
tested on animals.

Section 2 sets forth the effective date.

JUSTIFICATION:

Over the last 20 years, consumers of all ages have demanded that cosmet-
ic companies stop using animals to test cosmetic products. In addition,
many consumers seek to purchase products that bear the label "not tested
on animals." Many cosmetic companies in the United States and abroad
have responded to consumer demand by eliminating the use of animals for
cosmetic testing.

Animal testing raises serious concerns, including (1) subjecting animals
to unnecessary pain and suffering and (2) that animal testing falls
short of ensuring human safety and this testing can, in fact, be
misleading. Modern, non- animal based cosmetic testing is far more accu-
rate and follows guidelines established by the Organization for Economic
Co-operation and Development (OECD) by using organisms like bacteria,
tissues and cells from humans as well as sophisticated computer models
or chemical methods. Many global companies have already implemented bans
on animal testing and the sale of cosmetics that have been tested on
animals. Because more than 30 countries already prohibit the sale of
animal-tested products, U.S. companies doing business in those countries
must already use non-animal testing methods. New York must join with the
30 other countries that have already outlawed animal-testing for cosmet-
ics. Only cosmetic ingredients that were developed or manufactured
predominately for cosmetic use are impacted by this bill.

 
LEGISLATIVE HISTORY:

2019-20: S4250/ A496 - Died in Consumer Protection

2017-18: A5145A -  Died in Economic Development

2015-16: A8636A - Died in Economic  Development

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on January 1, 2023.

S4839B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4839--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, ADDABBO, BOYLE, BRISPORT, COONEY, HOYLMAN,
   KRUEGER, MYRIE, REICHLIN-MELNICK, 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  --  recommitted to the
   Committee on Consumer Protection in accordance  with  Senate  Rule  6,
   sec.  8  --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00380-07-2

 S. 4839--B                          2
 
   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.
   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.
 S. 4839--B                          3
 
   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, 2023.

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The New York State Senate

senate Bill S4839B

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Archive: Last Bill Status - Signed by Governor

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May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

Mar 2, 2022 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 2, 2022

Bill Amendments

Co-Sponsors

S4839 - Details

S4839 - Summary

S4839 - Sponsor Memo

S4839 - Bill Text download pdf

Co-Sponsors

S4839A - Details

S4839A - Summary

S4839A - Sponsor Memo

S4839A - Bill Text download pdf

Co-Sponsors

S4839B (ACTIVE) - Details

S4839B (ACTIVE) - Summary

S4839B (ACTIVE) - Sponsor Memo

S4839B (ACTIVE) - Bill Text download pdf

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senate Bill S4839B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

Mar 2, 2022 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 2, 2022

Bill Amendments

Co-Sponsors

S4839 - Details

S4839 - Summary

S4839 - Sponsor Memo

S4839 - Bill Text download pdf

Co-Sponsors

S4839A - Details

S4839A - Summary

S4839A - Sponsor Memo

S4839A - Bill Text download pdf

Co-Sponsors

S4839B (ACTIVE) - Details

S4839B (ACTIVE) - Summary

S4839B (ACTIVE) - Sponsor Memo

S4839B (ACTIVE) - Bill Text download pdf

Comments