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SB-1249 Animal testing: cosmetics.(2017-2018)

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Date Published: 04/03/2018 09:00 PM
SB1249:v98#DOCUMENT

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 Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) or other specified agencies.
This bill would make it unlawful for any cosmetic 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 developed or manufactured using animal testing tested on animals for any purpose after January 1, 2020. 2020, except as specified. The bill would specify that a violation of its provisions is punishable by a fine not to exceed $500 for the first violation and not to exceed $1,000 for each subsequent violation. an initial fine of $5,000 and an additional fine of $1,000 for each day the violation continues. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 any cosmetic 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 developed or manufactured using animal testing 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.

(1)

(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).

(2)“Cosmetic manufacturer” means any individual, partnership, corporation, association, or other legal relationship that produces cosmetics that are sold or offered for sale in this state.

(3)“Tested on animals” or “annual testing” means the internal or external application or exposure of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic.

(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 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.
(2) 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.
(3) 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.

(c)

(d) A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500) for the first violation and not to exceed one thousand dollars ($1,000) for each subsequent violation. of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.

(d)

(e) A person or entity that violates this section may be prosecuted 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.

(e)

(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.

(f)

(g) This section does not apply to a cosmetic if the cosmetic, or any compound component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.

(g)

(h) This section shall become operative on January 1, 2020.