An Act To Ban the Sale of Cosmetics That Have Been Tested on Animals
Maine Legislature, Session 130, LD 1551
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: DOUDERA, BRENNER, GROHOSKI, HEPLER, MEYER, O'CONNOR, PEBWORTH, CARNEY

Legislative Document
No. 1551
H.P. 1156
House of Representatives, April 22, 2021
An Act To Ban the Sale of Cosmetics That Have Been Tested on 
Animals
Received by the Clerk of the House on April 20, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator BRENNER of Cumberland and
Representatives: GROHOSKI of Ellsworth, HEPLER of Woolwich, MEYER of Eliot, 
O'CONNOR of Berwick, PEBWORTH of Blue Hill, Senator: CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 233 is enacted to read:
CHAPTER 233
SALE OF COSMETICS TESTED ON ANIMALS
§1500-M.  Sale or offer for sale of cosmetics tested on animals
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Cosmetic" means:
(1)  An article intended to be rubbed, poured, sprinkled or sprayed on, introduced 
into or otherwise applied to the human body or any part of the body for cleansing, 
beautifying, promoting attractiveness or altering the appearance; and
(2)  An article intended for use as a component of an article identified in 
subparagraph (1).
"Cosmetic" does not include soap.
B.  "Cosmetic animal testing" means the internal or external application or exposure of 
any cosmetic product, cosmetic ingredient or nonfunctional constituent to the skin, 
eyes or any other body part, organ or extremity of a live, nonhuman vertebrate.
C.  "Cosmetic ingredient" has the same meaning as "ingredient," as defined in 21 Code 
of Federal Regulations, Section 700.3(e) (2021).
D.  "Cosmetic product" means a cosmetic the manufacture of which has been 
completed.
E.  "Manufacturer" means an entity that is a manufacturer required to specify 
conspicuously its name and place of business on the label of a cosmetic in package 
form pursuant to 21 Code of Federal Regulations, Section 701.12.
F.  "Nonfunctional constituent" means an incidental ingredient listed in 21 Code of 
Federal Regulations, Section 701.3(l) (2021).
G.  "Supplier" means an entity that provides, whether directly or through a 3rd party, a 
cosmetic ingredient used by a manufacturer in the formulation of a cosmetic product.
2.  Prohibition on the sale or offer for sale of certain cosmetics.  Notwithstanding 
any other provision of law to the contrary, a manufacturer may not sell or offer to sell in 
the State a cosmetic if the cosmetic was developed or manufactured using cosmetic animal 
testing that was conducted or contracted for by the manufacturer or any supplier of the 
manufacturer on or after November 1, 2021.
A county or any other political subdivision of the State may not establish or continue any 
prohibition on or relating to cosmetic animal testing that is not identical to the prohibitions 
in this section.
3.  Exemptions.  This section does not apply to:
A.  Cosmetic animal testing:
(1)  Conducted outside of the United States and in order to comply with a 
requirement of a foreign regulatory authority as long as no evidence derived from 
the testing was relied upon to substantiate the safety of the cosmetic ingredient or 
cosmetic product being sold by the manufacturer in the State;
(2)  Conducted for any cosmetic or cosmetic ingredient subject to regulation under 
Chapter V of the Federal Food, Drug, and Cosmetic Act, 21 United States Code, 
Section 351;
(3)  Conducted for a cosmetic ingredient intended to be used in a product that is 
not a cosmetic product and conducted pursuant to a requirement of a federal, state 
or foreign regulatory authority as long as no evidence derived from the testing was 
relied upon to substantiate the safety of a cosmetic sold in this State by a 
manufacturer, unless all of the following apply:
(a)  There is no nonanimal alternative method or strategy recognized by any 
federal or state agency or the International Organisation for Economic 
Co-operation and Development or its successor organization for the relevant 
safety endpoints for the cosmetic ingredient or nonfunctional constituent;
(b)  There is documented evidence of the noncosmetic intent of the test; and
(c)  There is a history of use of the ingredient outside of cosmetics at least 12 
months prior to the reliance; or
(4)  Requested, required or conducted by a federal or state regulatory authority and 
all of the following apply:
(a)  There is no nonanimal alternative method or strategy recognized by any 
federal or state agency or the International Organisation for Economic 
Co-operation and Development or its successor organization for the relevant 
safety endpoints for the cosmetic ingredient or nonfunctional constituent;
(b)  The cosmetic ingredient or nonfunctional constituent poses a risk of 
causing a specific human health problem that is substantiated and the need to 
conduct cosmetic animal testing is justified and is supported by a detailed 
research protocol proposed as the basis for the evaluation of the cosmetic 
ingredient or nonfunctional constituent; and
(c)  The cosmetic ingredient or nonfunctional constituent is in wide use and, in 
the case of a cosmetic ingredient, cannot be replaced by another cosmetic 
ingredient capable of performing a similar function;
B.  A cosmetic if the cosmetic in its final form was tested on animals before November 
1, 2021, even if the cosmetic is manufactured on or after that date as long as no new 
cosmetic animal testing in violation of this section occurred on or after November 1, 
2021;
C.  A cosmetic ingredient if it was tested on animals before November 1, 2021, even if 
the ingredient is manufactured on or after that date as long as no new cosmetic animal 
testing in violation of this section occurred on or after November 1, 2021; or
D.  A cosmetic manufacturer reviewing, assessing or retaining evidence from a 
cosmetic animal test.
4.  Penalties.  A manufacturer that sells or offers for sale a cosmetic in violation of 
subsection 2 commits a civil violation punishable by a fine of not more than $5,000 for the 
first day of the violation for selling or offering for sale that cosmetic and an additional fine 
of $1,000 for each day that the violation for selling or offering for sale that cosmetic 
continues.
5.  Enforcement.  A violation of this section may be enforced by the Attorney General 
or by the district attorney for the county in which the violation occurred.  Notwithstanding 
any law to the contrary, all fines levied and collected for violations of this section, less 
court costs, must be distributed to the agency bringing the action that resulted in the fine.  
The State may bring an action in Superior Court to enjoin any manufacturer from violating 
this section, regardless of whether proceedings have been or may be instituted in the 
District Court or whether civil proceedings have been or may be instituted.
SUMMARY
This bill prohibits manufacturers from selling or offering to sell a cosmetic if the 
cosmetic was developed or manufactured using cosmetic animal testing.