§ 399-AAAAA — Selling of animal tested cosmetics

§ 399-aaaaa. Selling of animal tested cosmetics. 1. For the purposes\nof this section the following terms shall have the following meanings:\n (a) "Cosmetic" shall mean articles intended to be rubbed, poured,\nsprinkled, or sprayed on, introduced into, or otherwise applied to the\nhuman body or any part thereof for cleansing, beautifying, promoting\nattractiveness, or altering the appearance, including but not limited to\npersonal hygiene products such as deodorant, shampoo or conditioner.\n (b) "Animal testing" shall mean the internal or external application\nof a cosmetic, either in its final form or any ingredient thereof, to\nthe skin, eyes, or other body part of a live non-human vertebrate.\n (c) "Ingredient" shall have the same meaning as defined in 21 CFR\n700.3(e).\n (d) "Manufacturer" shall mean any person whose name appears on the\nlabel of a cosmetic pursuant to the requirements of 21 CFR 701.12.\n (e) "Supplier" shall mean any entity that supplies, directly or\nthrough a third party, any ingredient used by a manufacturer in the\nformulation of a cosmetic.\n 2. Except as otherwise provided in this section, it shall be unlawful\nfor a manufacturer to import for profit, sell or offer for sale in the\nstate, any cosmetic which the manufacturer knew or reasonably should\nhave known that animal testing was conducted or contracted by or on\nbehalf of the manufacturer or any supplier of the manufacturer if the\nanimal testing was conducted after the effective date of this section.\n 3. This section does not apply to animal testing that is conducted:\n (a) As a requirement of any federal or state regulatory agency if:\n (i) the cosmetic or an ingredient in the cosmetic which is being\ntested is in wide use and cannot be replaced by another ingredient which\nis capable of performing a similar function; and\n (ii) a specific human health problem relating to the cosmetic or\ningredient is substantiated and the need to conduct animal testing is\njustified and supported by a detailed protocol for research that is\nproposed as the basis for the evaluation of the cosmetic or ingredient;\nand\n (iii) there does not exist a method of testing other than animal\ntesting that is accepted for the relevant purpose by a federal or state\nregulatory agency.\n (b) As a requirement of any regulatory agency of a foreign\njurisdiction, if no evidence derived from such testing was relied upon\nto substantiate the safety of a cosmetic sold within the state by the\nmanufacturer.\n (c) For any product or ingredient in a cosmetic which is subject to\nthe requirements under 21 USC subchapter V.\n (d) For purposes not related to cosmetics as required by any federal,\nstate or foreign regulatory agency, provided that no evidence derived\nfrom such testing was relied upon to substantiate the safety of a\ncosmetic sold within the state by the manufacturer, unless:\n (i) documentary evidence exists that the intent of the animal testing\nwas unrelated to cosmetics; and\n (ii) there is a history of the use of the ingredient unrelated to\ncosmetics for a minimum of twelve months.\n 4. This section does not apply to a cosmetic:\n (a) If in its final form, such cosmetic was tested on animals before\nthe effective date of this section, even if the cosmetic is manufactured\non or after such date.\n (b) If an ingredient contained in such cosmetic was tested on animals\nand sold in New York state before the effective date of this section,\neven if such ingredient is manufactured on or after such date.\n 5. This section may not be construed to prevent a manufacturer from\nreviewing, assessing or retaining data resulting from animal testing.\n 6. The attorney general may upon a determination that there is a\nreasonable likelihood of a violation of this section, review any testing\ndata on which a manufacturer has relied in determining the safety of a\ncosmetic or an ingredient in a cosmetic sold in the state. Any\ninformation disclosed under this section shall be protected as a trade\nsecret and the attorney general shall enter into a protective order with\nthe manufacturer before receipt of such information from the\nmanufacturer. The attorney general shall take other appropriate measures\nas necessary to preserve the confidentiality of the information produced\npursuant to this section. The attorney general may bring an action or\nspecial proceeding in the supreme court for a judgment enjoining the\ncontinuance of such violation and for a civil penalty of not more than\nfive thousand dollars for the first violation and not more than one\nthousand dollars per day if the violation continues.\n 7. No county or other political subdivision of the state may establish\nor continue any prohibition on or relating to animal testing, as defined\nin this section that is not identical to the prohibitions established in\nthis section.\n