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This entry was published on 2023-01-06
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Selling of animal tested cosmetics
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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

(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.

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
tested 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;

(iii) there does not exist a method of testing other than animal
testing 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
jurisdiction, if no evidence derived from such testing was relied upon
to substantiate the safety of a cosmetic sold within the state by the

(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
information 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.