N.Y. General Business Law § 399-aaaaa: Selling of animal tested cosmetics

§ 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

700.3(e).

(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;

and

(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

manufacturer.

(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.