PREFILED DEC 18 2024
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REFERENCE TITLE: cosmetics sales; animal testing; prohibitions |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1031 |
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Introduced by Senator Kavanagh
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An Act
amending title 44, chapter 11, Arizona Revised Statutes, by adding article 12.1; relating to sales of goods.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article 12.1, to read:
ARTICLE 12.1. COSMETIC SALES
44-1781. Definitions
In this article, unless the context otherwise requires:
1. "Cosmetic":
(a) means a product that is either of the following:
(i) intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part of the human body for the purposes of cleansing, beautifying, promoting attractiveness or altering appearance.
(ii) Intended for use as a component of a product described in item (i) of this SUBDIVISION.
(b) Does not include soap.
2. "Cosmetic animal testing" means the internal or external application or exposure of a cosmetic product, cosmetic ingredient or nonfunctional constituent to the skin or eyes or any other body part, organ or extremity of a live nonhuman vertebrate for the purpose of evaluating the safety of a cosmetic product or a cosmetic ingredient or nonfunctional constituent for the use in a cosmetic product.
3. "Cosmetic ingredient" means a single chemical entity or mixture used as a component in the manufacture of a cosmetic product.
4. "Cosmetic product" means a finished and complete cosmetic.
5. "Manufacturer" means an entity that is required to specify conspicuously its name and place of business on the label of a cosmetic in package form pursuant to 21 Code of Federal Regulations section 701.12.
6. "Nonfunctional constituent" means an incidental ingredient as prescribed in 21 Code of Federal Regulations section 701.3 on january 1, 2025.
7. "Supplier" means an entity that provides, whether directly or through a third party, a cosmetic ingredient used by a manufacturer in the formulation of a cosmetic product.
44-1782. Cosmetic animal testing; prohibition
Notwithstanding any other law, it is unlawful for a manufacturer to knowingly sell or offer for sale in this state a cosmetic 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.
44-1783. Exceptions
A. This article does not apply if the cosmetic animal testing is any of the following:
1. Conducted outside of the United States and is required by a foreign regulatory authority. The exception provided in this paragraph applies 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 this state.
2. Conducted for a cosmetic or cosmetic ingredient subject to regulation under the federal food, drug, and cosmetic act (52 stat. 1040; 21 united states code sections 351 through 360n).
3. 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 either:
(a) The animal testing does not result in evidence that is relied on to substantiate the safety of a cosmetic sold in this state by a cosmetics manufacturer.
(b) All of the following apply:
(i) 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 Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent.
(ii) There is documented evidence of the non-cosmetic intent of the animal testing.
(iii) There is a history of use of the ingredient outside of cosmetics for a period of at least twelve months before reliance described in subdivision (a) of this paragraph.
4. Requested, required or conducted by a federal or state regulatory authority if all of the following apply:
(a) There is not a nonanimal alternative method or strategy recognized by a federal or state agency or the ORGANIsATION for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent.
(b) 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.
(c) 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.
B. This article does not apply to any of the following:
1. 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 this section from and after December 31, 2025. This paragraph applies if the cosmetic is manufactured before, on or after january 1, 2026.
2. An ingredient in a cosmetic that is 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 this section from and after December 31, 2025. This paragraph applies if the ingredient is manufactured before, on or after january 1, 2026.
3. A cosmetic manufacturer reviewing, assessing or retaining evidence from cosmetic animal testing.
44-1784. Cosmetic sales; state preemption
The regulation of the sale of cosmetics is of statewide concern. The regulation of the sale of cosmetics pursuant to THIS article is not subject to further regulation by a COUNTY, city, town or other political subdivision of this state and preempts all inconsistent laws, rules, regulations, codes, ordinances, policies or other laws adopted by any public employer.
44-1785. Violation; civil penalty
A manufacturer that sells or offers for sale a cosmetic in violation of this article is subject to a civil penalty of not more than $1,000 for the first day of the violation and an additional civil penalty of $500 for each day that the violation continues.
Sec. 2. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 3. Effective date
This act is effective from and after December 31, 2025.