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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
cosmetics sales; animal testing; prohibitions
Purpose
Deems it unlawful for a manufacturer to knowingly sell or offer for sale, in Arizona, a cosmetic that used cosmetic animal testing during the development or manufacture of the cosmetic and subjects a manufacturer that violates the prohibition on cosmetic animal testing to a civil penalty of up to $1,000 for the first day of the violation and an additional civil penalty of $500 for each day the violation continues.
Background
The Federal Food, Drug and Cosmetic Act requires a responsible person for a cosmetic product to ensure and maintain records supporting that there is adequate substantiation of safety for cosmetic products and their ingredients. If a cosmetic product and each of its ingredients do not have adequate substantiation of safety, it must be deemed adulterated and the responsible person must cease distribution and recall the cosmetic either voluntarily or by order of the Secretary of the Food and Drug Administration (21 U.S.C. §§ 361 and 364g).
The Federal Food, Drug and Cosmetic Act prohibits any state or political subdivision of a state from establishing or continuing in effect any law, regulation, order or other requirement for cosmetics that is different from or in addition to, or otherwise not identical with, any requirement within the Federal Food, Drug and Cosmetic Act with respect to registration and product listing, good manufacturing practice, records, recalls, adverse event reporting or safety substantiation of cosmetic products and ingredients (21 U.S.C. § 364j).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems it unlawful for a manufacturer to knowingly sell or offer for sale a cosmetic in Arizona that used cosmetic animal testing during the development or manufacture of the cosmetic if the cosmetic animal testing was conducted by the manufacturer, any supplier of the manufacturer or any person hired or contracted by the manufacturer.
2. Subjects a manufacturer that sells or offers for sale a cosmetic that violates the prohibition on cosmetic animal testing to a civil penalty up to $1,000 for the first day of the violation and an additional civil penalty of $500 for each day that the violation continues.
3. Preempts the regulation of the sale of cosmetics.
4. Declares that the sale of cosmetics is not subject to further regulation by a county, city, town, or other political subdivision of Arizona.
5. Exempts cosmetic animal testing from the outlined prohibition if the cosmetic animal testing is:
a) conducted outside of the United States and is required by a foreign regulatory authority, only if there is no evidence resulting from the testing that is relied on to substantiate the safety of the cosmetic ingredient or cosmetic product being sold by the manufacturer in Arizona;
b) conducted for a cosmetic or cosmetic ingredient subject to regulation under the Federal Food, Drug and Cosmetic Act;
c) conducted for an ingredient intended to be used in a product that is not a cosmetic product and that is conducted pursuant to a requirement of a federal, state or foreign regulatory authority if:
i. the animal testing does not result in evidence that is relied on to substantiate the safety of a cosmetic sold in Arizona by a cosmetics manufacturer; or
ii. there is documented evidence of the non-cosmetic intent of the animal testing, there is a history of use of the ingredient outside of cosmetics for a period of at least 12 months before reliance on the outlined evidence and the manufacturer has determined the need to rely on data that is obtained from the testing because there is not a nonanimal alternative method or strategy recognized by a federal or state agency or the organization for economic co-operation and development for the relevant safety endpoints for the cosmetic ingredient of the non-cosmetic intent of the animal testing; or
d) requested, required or conducted by a federal or state regulatory authority if:
i. there is not a nonanimal alternative method of strategy recognized by a federal or state agency or the organization for economic co-operation and development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent;
ii. there is a reasonable probability that the cosmetic ingredient or nonfunctional constituent poses a specific and serious adverse human health risk, and the need to conduct cosmetic animal testing is justified and supported by a detailed research protocol that is proposed as the basis for the evaluation of the cosmetic ingredient or nonfunctional constituent; and
iii. the cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another cosmetic ingredient capable of performing a similar function.
6. Exempts the following from the prohibition of cosmetic animal testing:
a) a cosmetic in its final form that was tested on animals before January 1, 2026, if the manufacturer or a person on the manufacturer's behalf does not conduct new cosmetic animal testing in violation of the prohibition on cosmetic animal testing by January 1, 2026, if the cosmetic is manufactured by January 1, 2026;
b) an ingredient in a cosmetic that is tested on animal before January 1, 2026, if the manufacturer or a person on the manufacturer's behalf does not conduct new cosmetic animal testing in violation of the prohibition on cosmetic animal testing by January 1, 2026, if the ingredient is manufactured by January 1, 2026; and
c) a cosmetic manufacturer reviewing, assessing or retaining evidence from cosmetic animal testing.
7. Contains a severability clause.
8. Defines terms.
9. Becomes effective on January 1, 2026.
Prepared by Senate Research
February 7, 2025
SB/SN/slp