§ 505 — Animal irritancy tests prohibited

§ 505. Animal irritancy tests prohibited. 1. No manufacturer or\ncontract testing facilities shall conduct traditional animal test\nmethods within this state for which an appropriate alternative test\nmethod has been scientifically validated and recommended by the\nInter-Agency Coordinating Committee for the Validation of Alternative\nMethods (ICCVAM) and adopted by the regulation by the relevant federal\nagency or agencies or program within an agency responsible for\nregulating the specific product or activity for which the test is being\nconducted.\n 2. Nothing in this section shall prohibit the conduct of any\nalternative nonanimal test method for the testing of any product,\nproduct formulation, chemical, or ingredient that is not recommended by\nICCVAM.\n 3. Nothing in this section shall prohibit the conduct of animal tests\nto comply with the requirements of state agencies. Nothing in this\nsection shall prohibit the conduct of animal tests to comply with the\nrequirements of federal agencies whenever the federal agency staff\nconcludes that the alternative nonanimal test does not assure the health\nor safety of consumers.\n 4. Notwithstanding any other provision of law, the exclusive remedy\nfor enforcing this section shall be a civil action for injunctive relief\nbrought by the attorney general. If the court determines that the\nattorney general is the prevailing party in the enforcement action, such\nprevailing party may also recover costs, attorneys fees and a civil\npenalty not to exceed one thousand dollars in that action.\n 5. This section shall not apply to any animal test conducted for the\npurpose of medical research.\n 6. For the purposes of this section, the following terms shall have\nthe following meanings:\n (a) "Animal" means a vertebrate nonhuman animal.\n (b) "Contract testing facility" means any individual, partnership,\ncorporation, association, or other legal relationship that tests\nchemicals, ingredients, product formulations, or products in this state.\n (c) "ICCVAM" means the Inter-Agency Coordinating Committee for the\nValidation of Alternative Methods, a federal committee comprised of\nrepresentatives from fourteen federal regulatory or research agencies,\nincluding the Food and Drug Administration, Environmental Protection\nAgency, and Consumer Products Safety Commission, that reviews the\nvalidity of alternative test methods. The committee is the federal\nmechanism for recommending appropriate, valid test methods to relevant\nfederal agencies.\n (d) "Manufacturer" means any individual, partnership, corporation,\nassociation, or other legal relationship that produces chemicals,\ningredients, product formulations, or products in this state.\n (e) "Medical research" means research related to the causes,\ndiagnosis, treatment, control or prevention of physical or mental\ndiseases and impairments of humans and animals, or related to the\ndevelopment of biomedical products, devices or drugs as defined in\nSection 321(g)(1) of Title 21 of the United States Code. Medical\nresearch does not include the testing of an ingredient that was formerly\nused in a drug, tested for the drug use with traditional animal methods\nto characterize the ingredient and to substantiate its safety for human\nuse, and is now proposed for use in a product other than a biomedical\nproduct, medical device or drug.\n (f) "Person" means any individual, partnership, corporation,\nassociation or other legal entity.\n (g) "Traditional animal test method" means a process or procedure\nusing animals to obtain information on the characteristics of a chemical\nor agent. Toxicological test methods generate information regarding the\nability of a chemical or agent to product a specific biological effect\nunder specified conditions.\n (h) "Validated alternative test method" means a test method that does\nnot use animals, or in some cases reduces or refines the current use of\nanimals for which the reliability and relevance for a specific purpose\nhas been established in validation studies as specified in the ICCVAM\nreport provided to the relevant federal agencies.\n