Senate Bill 1718 (2022) — Cosmetic animal testing
SB 1718
Florida Bills
Florida Senate - 2022 SB By Senator Book 32-01335-22 20221718__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to cosmetic animal testing; creating s. 499.075, F.S.; providing a
short title; defining terms; prohibiting a manufacturer from manufacturing, 4 importing for profit, selling, or offering for sale a cosmetic developed or manufactured using cosmetic animal testing conducted or contracted by certain persons or from conducting or contracting for cosmetic animal testing; providing exceptions; providing labeling requirements for specified cosmetics; 10 providing enforcement and civil penalties; providing an effective date. 12
Be It Enacted by the Legislature of the State of Florida: 14
Section
Section 499.075, Florida Statutes, is created to read: 17 499.075 Cosmetic Animal Testing.— 18
(1) SHORT TITLE.—This
section may be cited as the “Humane Cosmetics Act.” 20
(2) DEFINITIONS.—For the purposes of this section: 21
(a) “Cosmetic” means any
article intended to be rubbed, 22 poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, 24 beautifying, promoting attractiveness, or altering the appearance, including, but not limited to, personal hygiene products such as deodorant, shampoo, or conditioner. 27
(b) “Cosmetic animal testing” means the internal or external application of a cosmetic in its final form or any Florida Senate - 2022 SB 1718 32-01335-22 20221718__ CODING: Words stricken are deletions; words underlined are additions. ingredient used in the formulation of such cosmetic to the skin, 30 eyes, or other body part of a live, nonhuman vertebrate. 31 Reviewing, assessing, or retaining evidence from a cosmetic animal test does not constitute developing or manufacturing a cosmetic using animal testing for purposes of this section. 34
(c) “Ingredient” means any single chemical entity or mixture used as a component in the manufacture o f a cosmetic product. 37
(d) “Manufacturer” means any person whose name appears on the label of a cosmetic pursuant to the requirements of 21 C.F.R. s. 701.12 as those requirements exist on July 1, 2022. 40
(e) “Supplier” means an entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturer’s cosmetic. 43
(3) PROHIBITION.—Except as provided in subsection (4), a manufacturer may not: 45
(
a) Manufacture, import for profit, sell, or offer for sale a cosmetic developed or manufactured using cosmetic animal testing conducted or contracted by the manufacturer or any supplier of the manufacturer. 49
(
b) Conduct or contract for cosmetic animal testing. 50
(4) EXCEPTIONS.—The prohibitions under subsection (3) do not apply if cosmetic animal testing is conducted to comply with the following: 53
(
b) Chapter V of the Federal Food, Drug, and Cosmetic Act; 65
(
c) A requirement of a foreign regulatory authority if no evidence derived from such testing was relied upon to substantiate the safety of the cosmetic sold in the state by the manufacturer; or 69
(
d) For noncosmetic purposes, a requirement of a federal, 70 state, or foreign regulatory authority if no evidence derived from such testing was relied upon to substantiate the safety of the cosmetic sold in the state by the manufacturer. 73
(5) LABELING.—For a cosmetic described in subsection (4), a manufacturer shall include the following statement legibly printed on the label or packaging of the cosmetic: “This product or an ingredient used in the formulation of this product has been tested on animals.” 78
(6) ENFORCEMENT AND PENALTIES.—A person who violates this
section is subject to a civil penalty of $5,000 and an additional $1,000 for each day he or she continues to violate this section. A violation of this
section may be enforced by the Attorney General, state attorney, or the city attorney or county attorney of the city or county in which the violation occurred. 84 The civil penalty shall be remitted to the entity authorized to bring an action to enforce such penalty. 86