Bill Text: NY A05653 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the manufacture or sale of cosmetics tested on animals; punishable by a fine of not more than five thousand dollars for the first violation and not more than one thousand dollars per day if the violation continues; the attorney general may investigate and bring an action for violations.

Spectrum: Partisan Bill (Democrat 32-1)

Status: (Introduced - Dead) 2022-05-25 - substituted by s4839b [A05653 Detail]

Download: New_York-2021-A05653-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5653

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2021
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, BARRETT, GOTTFRIED, EPSTEIN, WEPRIN
          --  Multi-Sponsored  by -- M. of A. GLICK -- read once and referred to
          the Committee on Economic Development

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of cosmetics tested on animals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-aaaaa to read as follows:
     3    §  399-aaaaa.  Selling of animal tested cosmetics. 1. For the purposes
     4  of this section the following terms shall have the following meanings:
     5    (a) "Cosmetic" shall mean (1) articles intended to be rubbed,  poured,
     6  sprinkled,  or  sprayed on, introduced into, or otherwise applied to the
     7  human body or any part thereof  for  cleansing,  beautifying,  promoting
     8  attractiveness, or altering the appearance, including but not limited to
     9  personal hygiene products such as deodorant, shampoo or conditioner, and
    10  (2) articles intended for use as a component of any such articles.
    11    (b)  "Cosmetic  animal  testing"  shall  mean the internal or external
    12  application or exposure of any cosmetic to the skin, eyes, or other body
    13  part of a live non-human vertebrate for the purpose  of  evaluating  the
    14  safety or efficacy of a cosmetic.
    15    2. It shall be unlawful for any person, firm, partnership, corporation
    16  or  association  or  agent or employee thereof to manufacture, knowingly
    17  import for profit, sell at retail or  offer  for  sale  at  retail,  any
    18  cosmetic  if the final product or any component thereof was developed or
    19  manufactured using cosmetic animal testing after this section shall have
    20  become a law.
    21    3. Whenever the attorney general shall believe from evidence satisfac-
    22  tory to him or her that any person, firm,  partnership,  corporation  or
    23  association  or  agent or employee thereof has violated any provision of
    24  this section, he or she may bring an action or special proceeding in the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00380-01-1
        A. 5653                             2

     1  supreme court for a judgment enjoining the continuance of such violation
     2  and for a civil penalty of not more than five hundred  dollars  for  the
     3  first  violation  and not more than one thousand dollars for each subse-
     4  quent  violation.  This section shall only apply to cosmetic ingredients
     5  that were developed or manufactured predominately for cosmetics.
     6    § 2. This act shall take effect on the three hundred  sixty-fifth  day
     7  after it shall have become a law.