ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: NR DP 4-2-2-0 | 3^rd Read: 20-6-3-0

---

SB 1031: cosmetics sales; animal testing; prohibitions

Sponsor: Senator Kavanagh, LD 3

Committee on Government

Overview

Prohibits the sale of a cosmetic that used cosmetic animal testing during development or manufacture, with exceptions.

History

The Federal Food, Drug and Cosmetic Act (FDCA) authorized the United States Food and Drug Administration (FDA) to oversee and regulate the production, sale and distribution of food, drugs, medical devices and cosmetics.  Specifically, the FDCA authorized the FDA to perform the following duties: 1) issue and enforce quality standards for food, drugs, medical devices and cosmetics; 2) inspect facilities where food, drugs, medical devices and cosmetics are manufactured, processed, packaged and stored; and 3) recall non-FDCA compliant products.

Regulations specific to the cosmetic industry under the FDCA include: 1) qualifications for an adulterated cosmetic and misbranding cosmetics; 2) required reporting of adverse events resulting from a cosmetic product; 3) established good manufacturing practices consistent with national and international standards; 4) required registration, product listing and labeling; and 5) requiring manufacturers to maintain records supporting an adequate substantiation of a cosmetic product's safety (21 U.S.C. § 361, et seq.).

Provisions

1. Asserts that it is unlawful for a manufacturer to knowingly sell or offer to sell a cosmetic that used cosmetic animal testing during development or manufacture if the testing was done by specified persons. (Sec. 1)

2. Exempts cosmetic animal testing, from the above prohibition, if the testing is:

a) conducted outside of the United States and is required by a foreign regulatory authority, if no evidence obtained from testing is relied on to determine the safety of the cosmetic ingredient or product;

b) conducted for a cosmetic or cosmetic ingredient regulated under the FDCA;

c) conducted for an ingredient intended to be used for a non-cosmetic product and satisfies the requirement of a federal, state or foreign regulatory authority if:

i) the animal testing does not result in evidence used to determine the safety of a cosmetic sold in Arizona; or

ii) there is no non-animal alternative recognized by specified entities, documented evidence of the non-cosmetic intent of the animal testing exists and there is a history of ingredient use outside of cosmetics for at least 12 months.

d) requested, required or conducted by a federal or state regulatory authority if the following apply:

i) no non-animal alternative method or strategy is recognized by specified entities;

ii) a reasonable probability exists that the cosmetic ingredient or nonfunctional constituent poses a specific and serious human health risk and the need to conduct animal testing is justified and supported by a detailed research protocol; and

iii) the cosmetic ingredient or nonfunctional constituent is in wide use and is not able to be replaced by another ingredient capable of performing a similar function. (Sec. 1)

3. States the prohibition does not apply to any of the following:

a) a cosmetic in its final form or an ingredient in a cosmetic that was tested on animals prior to January 1, 2026, and no new animal testing occurs on or after December 31, 2025; and

b) a cosmetic manufacturer reviewing, assessing or retaining evidence from cosmetic animal testing. (Sec. 1)

4. Asserts the regulation of the sale of cosmetics is a matter of statewide concern. (Sec. 1)

5. Prohibits further regulation on the sale of cosmetics by a county, city, town or other political subdivision of the state and preempts all inconsistent laws, rules, regulations, codes, ordinances or policies adopted by any public employer. (Sec. 1)

6. Establishes a civil penalty for a violation of this prohibition of $1,000 or less for the first day of the violation and $500 or less for each additional day of the violation. (Sec. 1)

7. Defines cosmetic, cosmetic animal testing, cosmetic ingredient, cosmetic product, manufacturer, nonfunctional constituent and supplier. (Sec. 1)

8. Contains a severability clause. (Sec. 1)

9. Contains an effective date of December 31, 2025. (Sec. 1)

10.

11.

12. ---------- DOCUMENT FOOTER ---------

13.                   SB 1031

14. Initials JH/SR     Page 0 Government

15.

16. ---------- DOCUMENT FOOTER ---------