2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 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.