Bill Text
Bill Start
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Amended
IN
Assembly
July 02, 2018 |
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Amended
IN
Senate
April 30, 2018 |
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Amended
IN
Senate
April 03, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 1249 |
| Introduced by Senator Galgiani |
February 15, 2018 |
An act to add Section 1834.9.5 to the Civil Code, relating to animal testing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1249, as amended, Galgiani.
Animal testing: cosmetics.
Existing law prohibits manufacturers and contract testing facilities from using traditional animal testing methods within this state when an appropriate alternative test method has been scientifically validated and recommended by the Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) or other specified agencies.
This bill would make it unlawful for a manufacturer to knowingly import for profit, sell at retail, or offer for sale or promotional purposes at retail in this state, any cosmetic, as defined, if the final product or any component thereof was tested on animals for any purpose after January 1, 2020, except as specified. The bill would specify that a violation of its provisions is punishable by an initial fine of $5,000 and an additional fine of $1,000 for each day the violation continues, and may be
enforced by the district attorney or city attorney in the county or city in which the violation occurred, as specified. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals before January 1, 2020, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1834.9.5 is added to the Civil Code, to read:1834.9.5.
(a) Notwithstanding any other law, it is unlawful for a manufacturer to knowingly import for profit, sell at retail, or offer for sale or promotional purposes at retail in this state, any cosmetic if the final product or any component thereof was tested on animals for any purpose after January 1, 2020.(b) For purposes of this section, the following terms apply:
(1) “Animal testing” means the internal or external application of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate.
(2) “Cosmetic” means both of the following:
(A) Any article 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) Any article intended for use as a component of an article described in subparagraph (A).
(3) “Manufacturer” means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.
(4) “Tested on animals” means that a cosmetic or component of the cosmetic has been subject to animal testing.
(c) Subdivision (a) does not apply to a cosmetic or component of the cosmetic under either any of the following
circumstances:
(1) Animal testing of the cosmetic or component of the cosmetic is required by the federal Food and Drug Administration or the Department of Toxic Substances Control, and there is no alternative method to evaluate a substantiated and serious specific human health problem associated with the cosmetic or component of the cosmetic that is in wide use and cannot be replaced with another cosmetic or component capable of performing a similar function.
(2) Animal testing of a cosmetic or component of the cosmetic is conducted to comply with a formal requirement of a foreign regulatory authority if the requirement was in place prior to January 1, 2020. This paragraph shall become inoperative on January 1, 2023.
(3) Animal testing of a component of a cosmetic product is conducted for noncosmetic purposes in response to a formal requirement of a federal, state, or foreign regulatory authority for a noncosmetic use, the cosmetic product containing that component was for sale in California for at least one year prior to the date the noncosmetic animal testing began, and the noncosmetic animal testing was not conducted by either of the following:
(A) A manufacturer that imports for profit, sells at retail, or offers for sale or promotional purposes at retail a cosmetic that includes the component in this state.
(B) An
entity, including, but not limited to, a partnership, corporation, or association, for the benefit of, at the direction of, contracted by, or in association with, a manufacturer described in subparagraph (A).
(d) A violation of this section shall be punishable by a fine of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.
(e) A
violation of this section may be enforced by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred. The civil fine shall be paid to the entity that is authorized to bring the action.
(f) A district attorney or city attorney may, but is not required to, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any cosmetic products sold in the state.
(g) This section does not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.
(h) This section shall become
operative on January 1, 2020.