Assembly Bill A11640

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11640
 
                           I N  A S S E M B L Y
 
                               July 29, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   importation  and  sale  of  certain  household cleaning products using
   animal testing
 
   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-bbbb to read as follows:
   §  399-BBBB. SELLING OF ANIMAL TESTED HOUSEHOLD CLEANING PRODUCTS.  1.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "ANIMAL TESTING" MEANS A PROCESS OR PROCEDURE THAT  USES  A  LIVE,
 NONHUMAN  VERTEBRATE  OR CEPHALOPOD TO OBTAIN INFORMATION ON THE CHARAC-
 TERISTICS OF A HOUSEHOLD CLEANING PRODUCT OR AN INGREDIENT  THEREOF  AND
 THAT GENERATES INFORMATION REGARDING THE ABILITY OF A HOUSEHOLD CLEANING
 PRODUCT  OR  INGREDIENT  TO  PRODUCE  A SPECIFIC BIOLOGICAL EFFECT UNDER
 SPECIFIED CONDITIONS.
   (B) "HOUSEHOLD CLEANING PRODUCT" MEANS  A  PRODUCT  MANUFACTURED  FROM
 CHEMICALS  THAT  IS DESIGNED TO CLEAN OR PROVIDE PROTECTION TO HOUSEHOLD
 SURFACES OR  FURNITURE,  INCLUDING,  WITHOUT  LIMITATION,  TASK-SPECIFIC
 CLEANING  PRODUCTS,  INCLUDING  BUT  NOT LIMITED TO SPOT REMOVERS, STAIN
 REMOVERS, UPHOLSTERY CLEANERS, GLASS CLEANERS, DISH  SOAP,  AND  LAUNDRY
 DETERGENT.  "HOUSEHOLD  CLEANING  PRODUCT"  SHALL  NOT INCLUDE A PRODUCT
 REGULATED BY,  OR  EVALUATED  UNDER,  THE  UNITED  STATES  ENVIRONMENTAL
 PROTECTION AGENCY UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTI-
 CIDE ACT (7 U.S.C. SEC. 136 ET SEQ.).
   (C)  "INGREDIENT"  MEANS  A  SINGLE CHEMICAL ENTITY OR MIXTURE THAT IS
 INTENTIONALLY USED AS A COMPONENT IN  THE  MANUFACTURE  OF  A  HOUSEHOLD
 CLEANING  PRODUCT. "INGREDIENT" SHALL NOT INCLUDE A COMPONENT SUBJECT TO
 REGULATION UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
 (7 U.S.C. SEC. 136 ET SEQ.).
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16106-01-6
              

 A. 11640                            2
 
   (D) "MANUFACTURER" MEANS A PERSON OR ENTITY WHO IMPORTS, PRODUCES,  OR
 MANUFACTURES  A HOUSEHOLD CLEANING PRODUCT AND WHOSE NAME APPEARS ON THE
 LABEL OF THE HOUSEHOLD CLEANING PRODUCT.
   (E)  "NONANIMAL TESTING METHOD" MEANS A PROCESS OR PROCEDURE THAT DOES
 NOT USE A LIVE, NONHUMAN VERTEBRATE OR CEPHALOPOD TO OBTAIN  INFORMATION
 ON  THE CHARACTERISTICS OF A HOUSEHOLD CLEANING PRODUCT OR AN INGREDIENT
 THEREOF AND THAT GENERATES INFORMATION REGARDING THE ABILITY OF A HOUSE-
 HOLD CLEANING PRODUCT OR INGREDIENT TO  PRODUCE  A  SPECIFIC  BIOLOGICAL
 EFFECT UNDER SPECIFIED CONDITIONS.
   (F) "SUPPLIER" MEANS AN ENTITY THAT PROVIDES INGREDIENTS DIRECTLY TO A
 MANUFACTURER FOR THE FORMULATION OF A HOUSEHOLD CLEANING PRODUCT.
   2.  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A MANUFACTURER SHALL
 NOT IMPORT FOR PROFIT, SELL, OR OFFER FOR SALE IN THE STATE OF NEW  YORK
 A  HOUSEHOLD  CLEANING PRODUCT THAT SUCH 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 ON OR AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-EIGHT.
   3. THE PROHIBITION IN SUBDIVISION TWO OF THIS SECTION SHALL NOT  APPLY
 TO ANY OF THE FOLLOWING:
   (A)  ANIMAL  TESTING  OR  DATA DERIVED THEREFROM, THAT IS CONDUCTED TO
 COMPLY WITH A FEDERAL  OR  STATE  LAW,  INCLUDING,  WITHOUT  LIMITATION,
 REQUIREMENTS OF THE FEDERAL TOXIC SUBSTANCES CONTROL ACT (15 U.S.C. SEC.
 2601  ET  SEQ.)  OR  GUIDELINES  ISSUED  PURSUANT  TO  THE FEDERAL TOXIC
 SUBSTANCES CONTROL ACT;
   (B) ANIMAL TESTING  OR  DATA  DERIVED  THEREFROM,  THAT  IS  CONDUCTED
 BECAUSE  NO APPROPRIATE NONANIMAL TESTING METHODS EXIST, OR THE EXISTING
 NONANIMAL TESTING METHODS CANNOT BE REASONABLY CONDUCTED TO MEET FEDERAL
 OR STATE TESTING REQUIREMENTS;
   (C) ANIMAL TESTING OR DATA DERIVED THEREFROM,  THAT  IS  CONDUCTED  TO
 COMPLY WITH A REQUIREMENT, NOTIFICATION, OR REGISTRATION OF A REGULATORY
 AGENCY OF A FOREIGN JURISDICTION;
   (D) A HOUSEHOLD CLEANING PRODUCT OR INGREDIENT IN A HOUSEHOLD CLEANING
 PRODUCT IF ANIMAL TESTING WAS CONDUCTED FOR THE HOUSEHOLD CLEANING PROD-
 UCT  OR INGREDIENT BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, EVEN
 IF THE HOUSEHOLD CLEANING PRODUCT IN ITS FINAL FORM  OR  INGREDIENT  WAS
 MANUFACTURED ON OR AFTER SUCH DATE; OR
   (E)  DATA  FROM  ANIMAL  TESTING  OF AN INGREDIENT THAT IS A COMMODITY
 PRODUCED IN LARGE QUANTITIES AND IS USED AS A RAW MATERIAL FOR END  USES
 OUTSIDE  OF  CLEANING  PRODUCTS,  SO  LONG  AS THE ANIMAL TESTING ON THE
 INGREDIENT WAS NOT CONDUCTED PREDOMINATELY FOR THE PURPOSE OF  ASSESSING
 THE USE OF THE INGREDIENT IN A HOUSEHOLD CLEANING PRODUCT.
   4.  THIS  SECTION  SHALL NOT BE CONSTRUED TO PREVENT A MANUFACTURER OR
 SUPPLIER FROM REVIEWING, ASSESSING,  OR  RETAINING  EXISTING  DATA  FROM
 ANIMAL  TESTING,  INCLUDING  WITHOUT  LIMITATION,  DATA  SOURCED  FROM A
 CONSORTIA OR NONPROFIT ORGANIZATION.
   5. (A) A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE  OF
 FIVE  THOUSAND  DOLLARS  AND AN ADDITIONAL ONE THOUSAND DOLLARS FOR EACH
 DAY THE VIOLATION CONTINUES.
   (B) A VIOLATION OF THIS SECTION MAY BE ENFORCED BY THE DISTRICT ATTOR-
 NEY OF THE COUNTY WHERE THE VIOLATION OCCURRED, OR BY THE CITY  ATTORNEY
 OF  THE  CITY WHERE THE VIOLATION OCCURRED. THE CIVIL FINE SHALL BE PAID
 TO THE ENTITY THAT IS AUTHORIZED TO BRING THE ACTION.
   6. (A) A DISTRICT ATTORNEY OR CITY ATTORNEY MAY, UPON A  DETERMINATION
 THAT  THERE  IS  A REASONABLE LIKELIHOOD OF A VIOLATION OF THIS SECTION,
 REVIEW THE TESTING DATA THAT A  MANUFACTURER  HAS  RELIED  UPON  IN  THE
 A. 11640                            3
 
 DEVELOPMENT  OR MANUFACTURING OF THE RELEVANT HOUSEHOLD CLEANING PRODUCT
 SOLD IN THE STATE OF NEW YORK. INFORMATION PROVIDED UNDER  THIS  SECTION
 SHALL BE PROTECTED AS A TRADE SECRET.
   (B)  A  DISTRICT  ATTORNEY  OR  CITY ATTORNEY SHALL ENTER A PROTECTIVE
 ORDER WITH A MANUFACTURER BEFORE RECEIPT OF INFORMATION FROM A  MANUFAC-
 TURER PURSUANT TO THIS SECTION AND SHALL TAKE OTHER APPROPRIATE MEASURES
 NECESSARY TO PRESERVE THE CONFIDENTIALITY OF INFORMATION PROVIDED PURSU-
 ANT TO THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.