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A05653 Summary:

BILL NOA05653B
 
SAME ASSAME AS S04839-B
 
SPONSORRosenthal L
 
COSPNSRBarrett, Gottfried, Epstein, Weprin, Gonzalez-Rojas, Simon, Jackson, Stern, Englebright, Tapia, Stirpe, Seawright, Dinowitz, Bronson, Kelles, Fahy, Sillitti, Griffin, Davila, Burke, Lavine, Santabarbara, Rivera J, Paulin, Mamdani, McDonough, De Los Santos, Colton, Cunningham
 
MLTSPNSRCook, Glick
 
Add §399-aaaaa, Gen Bus L
 
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.
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A05653 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5653--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 22, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL,  BARRETT,  GOTTFRIED, EPSTEIN,
          WEPRIN, GONZALEZ-ROJAS, SIMON,  JACKSON,  STERN,  ENGLEBRIGHT,  TAPIA,
          STIRPE,  SEAWRIGHT, DINOWITZ, BRONSON, KELLES, FAHY -- 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 --  recommitted
          to  the  Committee on Economic Development in accordance with Assembly
          Rule  3,  sec.  2  --  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:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-aaaaa to read as follows:
     3    § 399-aaaaa. Selling of animal tested cosmetics. 1. For  the  purposes
     4  of this section the following terms shall have the following meanings:
     5    (a)  "Cosmetic"  shall  mean  articles  intended to be rubbed, poured,
     6  sprinkled, or sprayed on, introduced into, or otherwise applied  to  the
     7  human  body  or  any  part thereof for cleansing, beautifying, promoting
     8  attractiveness, or altering the appearance, including but not limited to
     9  personal hygiene products such as deodorant, shampoo or conditioner.
    10    (b) "Animal testing" shall mean the internal or  external  application
    11  of  a  cosmetic,  either in its final form or any ingredient thereof, to
    12  the skin, eyes, or other body part of a live non-human vertebrate.
    13    (c) "Ingredient" shall have the same meaning  as  defined  in  21  CFR
    14  700.3(e).
    15    (d)  "Manufacturer"  shall  mean  any person whose name appears on the
    16  label of a cosmetic pursuant to the requirements of 21 CFR 701.12.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00380-06-2

        A. 5653--B                          2
 
     1    (e) "Supplier" shall  mean  any  entity  that  supplies,  directly  or
     2  through  a  third  party,  any  ingredient used by a manufacturer in the
     3  formulation of a cosmetic.
     4    2.  Except as otherwise provided in this section, it shall be unlawful
     5  for a manufacturer to import for profit, sell or offer for sale  in  the
     6  state,  any  cosmetic  which  the manufacturer knew or reasonably should
     7  have known that animal testing was conducted  or  contracted  by  or  on
     8  behalf  of  the  manufacturer or any supplier of the manufacturer if the
     9  animal testing was conducted after the effective date of this section.
    10    3. This section does not apply to animal testing that is conducted:
    11    (a) As a requirement of any federal or state regulatory agency if:
    12    (i) the cosmetic or an ingredient in the cosmetic which is being test-
    13  ed is in wide use and cannot be replaced by another ingredient which  is
    14  capable of performing a similar function; and
    15    (ii)  a  specific  human  health  problem  relating to the cosmetic or
    16  ingredient is substantiated and the need to conduct  animal  testing  is
    17  justified  and  supported  by  a  detailed protocol for research that is
    18  proposed as the basis for the evaluation of the cosmetic or  ingredient;
    19  and
    20    (iii) there does not exist a method of testing other than animal test-
    21  ing  that  is  accepted  for  the relevant purpose by a federal or state
    22  regulatory agency.
    23    (b) As a requirement of any regulatory agency of a  foreign  jurisdic-
    24  tion,  if  no  evidence  derived  from  such  testing was relied upon to
    25  substantiate the safety of a cosmetic  sold  within  the  state  by  the
    26  manufacturer.
    27    (c)  For  any  product or ingredient in a cosmetic which is subject to
    28  the requirements under 21 USC subchapter V.
    29    (d) For purposes not related to cosmetics as required by any  federal,
    30  state  or  foreign  regulatory agency, provided that no evidence derived
    31  from such testing was relied  upon  to  substantiate  the  safety  of  a
    32  cosmetic sold within the state by the manufacturer, unless:
    33    (i)  documentary evidence exists that the intent of the animal testing
    34  was unrelated to cosmetics; and
    35    (ii) there is a history of the use  of  the  ingredient  unrelated  to
    36  cosmetics for a minimum of twelve months.
    37    4. This section does not apply to a cosmetic:
    38    (a)  If  in its final form, such cosmetic was tested on animals before
    39  the effective date of this section, even if the cosmetic is manufactured
    40  on or after such date.
    41    (b) If an ingredient contained in such cosmetic was tested on  animals
    42  and  sold  in  New York state before the effective date of this section,
    43  even if such ingredient is manufactured on or after such date.
    44    5. This section may not be construed to prevent  a  manufacturer  from
    45  reviewing, assessing or retaining data resulting from animal testing.
    46    6.  The  attorney  general  may  upon  a determination that there is a
    47  reasonable likelihood of a violation of this section, review any testing
    48  data on which a manufacturer has relied in determining the safety  of  a
    49  cosmetic  or an ingredient in a cosmetic sold in the state. Any informa-
    50  tion disclosed under this section shall be protected as a  trade  secret
    51  and  the  attorney  general shall enter into a protective order with the
    52  manufacturer before receipt of such information from  the  manufacturer.
    53  The  attorney general shall take other appropriate measures as necessary
    54  to preserve the confidentiality of the information produced pursuant  to
    55  this  section.  The  attorney  general  may  bring  an action or special
    56  proceeding in the supreme court for a judgment enjoining the continuance

        A. 5653--B                          3
 
     1  of such violation and for a civil penalty of not more than five thousand
     2  dollars for the first violation and not more than one  thousand  dollars
     3  per day if the violation continues.
     4    7. No county or other political subdivision of the state may establish
     5  or continue any prohibition on or relating to animal testing, as defined
     6  in this section that is not identical to the prohibitions established in
     7  this section.
     8    § 2. This act shall take effect January 1, 2023.
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