CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1249Introduced by Senator GalgianiFebruary 15, 2018 An act to add Section 1834.9.5 to the Civil Code, relating to animal testing. LEGISLATIVE COUNSEL'S DIGESTSB 1249, as introduced, Galgiani. Animal testing: cosmetics.Existing law prohibits manufacturers and contract testing facilities from using traditional animal testing methods within this state when an appropriate alternative test method has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) or other specified agencies.This bill would make it unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic, as defined, if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020. The bill would specify that a violation of its provisions is punishable by a fine not to exceed $500 for the first violation and not to exceed $1,000 for each subsequent violation. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals before January 1, 2020, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1834.9.5 is added to the Civil Code, to read:1834.9.5. (a) Notwithstanding any other law, it is unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020.(b) For purposes of this section, the following terms apply:(1) Cosmetic means both of the following:(A) Any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, but not limited to, personal hygiene products such as deodorant, shampoo, or conditioner.(B) Any article intended for use as a component of an article described in subparagraph (A).(2) Cosmetic manufacturer means any individual, partnership, corporation, association, or other legal relationship that produces cosmetics that are sold or offered for sale in this state.(3) Tested on animals or annual testing means the internal or external application or exposure of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic.(c) A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500) for the first violation and not to exceed one thousand dollars ($1,000) for each subsequent violation. (d) A person or entity that violates this section may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred.(e) A district attorney or city attorney may, but is not required to, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any cosmetic products sold in the state.(f) This section does not apply to a cosmetic if the cosmetic, or any compound of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(g) This section shall become operative on January 1, 2020. CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1249Introduced by Senator GalgianiFebruary 15, 2018 An act to add Section 1834.9.5 to the Civil Code, relating to animal testing. LEGISLATIVE COUNSEL'S DIGESTSB 1249, as introduced, Galgiani. Animal testing: cosmetics.Existing law prohibits manufacturers and contract testing facilities from using traditional animal testing methods within this state when an appropriate alternative test method has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) or other specified agencies.This bill would make it unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic, as defined, if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020. The bill would specify that a violation of its provisions is punishable by a fine not to exceed $500 for the first violation and not to exceed $1,000 for each subsequent violation. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals before January 1, 2020, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1249 Introduced by Senator GalgianiFebruary 15, 2018 Introduced by Senator Galgiani February 15, 2018 An act to add Section 1834.9.5 to the Civil Code, relating to animal testing. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST SB 1249, as introduced, Galgiani. Animal testing: cosmetics. Existing law prohibits manufacturers and contract testing facilities from using traditional animal testing methods within this state when an appropriate alternative test method has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) or other specified agencies.This bill would make it unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic, as defined, if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020. The bill would specify that a violation of its provisions is punishable by a fine not to exceed $500 for the first violation and not to exceed $1,000 for each subsequent violation. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals before January 1, 2020, as specified. Existing law prohibits manufacturers and contract testing facilities from using traditional animal testing methods within this state when an appropriate alternative test method has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) or other specified agencies. This bill would make it unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic, as defined, if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020. The bill would specify that a violation of its provisions is punishable by a fine not to exceed $500 for the first violation and not to exceed $1,000 for each subsequent violation. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals before January 1, 2020, as specified. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 1834.9.5 is added to the Civil Code, to read:1834.9.5. (a) Notwithstanding any other law, it is unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020.(b) For purposes of this section, the following terms apply:(1) Cosmetic means both of the following:(A) Any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, but not limited to, personal hygiene products such as deodorant, shampoo, or conditioner.(B) Any article intended for use as a component of an article described in subparagraph (A).(2) Cosmetic manufacturer means any individual, partnership, corporation, association, or other legal relationship that produces cosmetics that are sold or offered for sale in this state.(3) Tested on animals or annual testing means the internal or external application or exposure of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic.(c) A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500) for the first violation and not to exceed one thousand dollars ($1,000) for each subsequent violation. (d) A person or entity that violates this section may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred.(e) A district attorney or city attorney may, but is not required to, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any cosmetic products sold in the state.(f) This section does not apply to a cosmetic if the cosmetic, or any compound of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(g) This section shall become operative on January 1, 2020. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 1834.9.5 is added to the Civil Code, to read:1834.9.5. (a) Notwithstanding any other law, it is unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020.(b) For purposes of this section, the following terms apply:(1) Cosmetic means both of the following:(A) Any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, but not limited to, personal hygiene products such as deodorant, shampoo, or conditioner.(B) Any article intended for use as a component of an article described in subparagraph (A).(2) Cosmetic manufacturer means any individual, partnership, corporation, association, or other legal relationship that produces cosmetics that are sold or offered for sale in this state.(3) Tested on animals or annual testing means the internal or external application or exposure of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic.(c) A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500) for the first violation and not to exceed one thousand dollars ($1,000) for each subsequent violation. (d) A person or entity that violates this section may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred.(e) A district attorney or city attorney may, but is not required to, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any cosmetic products sold in the state.(f) This section does not apply to a cosmetic if the cosmetic, or any compound of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(g) This section shall become operative on January 1, 2020. SECTION 1. Section 1834.9.5 is added to the Civil Code, to read: ### SECTION 1. 1834.9.5. (a) Notwithstanding any other law, it is unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020.(b) For purposes of this section, the following terms apply:(1) Cosmetic means both of the following:(A) Any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, but not limited to, personal hygiene products such as deodorant, shampoo, or conditioner.(B) Any article intended for use as a component of an article described in subparagraph (A).(2) Cosmetic manufacturer means any individual, partnership, corporation, association, or other legal relationship that produces cosmetics that are sold or offered for sale in this state.(3) Tested on animals or annual testing means the internal or external application or exposure of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic.(c) A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500) for the first violation and not to exceed one thousand dollars ($1,000) for each subsequent violation. (d) A person or entity that violates this section may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred.(e) A district attorney or city attorney may, but is not required to, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any cosmetic products sold in the state.(f) This section does not apply to a cosmetic if the cosmetic, or any compound of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(g) This section shall become operative on January 1, 2020. 1834.9.5. (a) Notwithstanding any other law, it is unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020.(b) For purposes of this section, the following terms apply:(1) Cosmetic means both of the following:(A) Any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, but not limited to, personal hygiene products such as deodorant, shampoo, or conditioner.(B) Any article intended for use as a component of an article described in subparagraph (A).(2) Cosmetic manufacturer means any individual, partnership, corporation, association, or other legal relationship that produces cosmetics that are sold or offered for sale in this state.(3) Tested on animals or annual testing means the internal or external application or exposure of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic.(c) A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500) for the first violation and not to exceed one thousand dollars ($1,000) for each subsequent violation. (d) A person or entity that violates this section may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred.(e) A district attorney or city attorney may, but is not required to, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any cosmetic products sold in the state.(f) This section does not apply to a cosmetic if the cosmetic, or any compound of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(g) This section shall become operative on January 1, 2020. 1834.9.5. (a) Notwithstanding any other law, it is unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020.(b) For purposes of this section, the following terms apply:(1) Cosmetic means both of the following:(A) Any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, but not limited to, personal hygiene products such as deodorant, shampoo, or conditioner.(B) Any article intended for use as a component of an article described in subparagraph (A).(2) Cosmetic manufacturer means any individual, partnership, corporation, association, or other legal relationship that produces cosmetics that are sold or offered for sale in this state.(3) Tested on animals or annual testing means the internal or external application or exposure of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic.(c) A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500) for the first violation and not to exceed one thousand dollars ($1,000) for each subsequent violation. (d) A person or entity that violates this section may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred.(e) A district attorney or city attorney may, but is not required to, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any cosmetic products sold in the state.(f) This section does not apply to a cosmetic if the cosmetic, or any compound of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(g) This section shall become operative on January 1, 2020. 1834.9.5. (a) Notwithstanding any other law, it is unlawful for any cosmetic manufacturer to knowingly import for profit, sell at retail, or offer for sale at retail in this state, any cosmetic if the final product or any component thereof was developed or manufactured using animal testing after January 1, 2020. (b) For purposes of this section, the following terms apply: (1) Cosmetic means both of the following: (A) Any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, but not limited to, personal hygiene products such as deodorant, shampoo, or conditioner. (B) Any article intended for use as a component of an article described in subparagraph (A). (2) Cosmetic manufacturer means any individual, partnership, corporation, association, or other legal relationship that produces cosmetics that are sold or offered for sale in this state. (3) Tested on animals or annual testing means the internal or external application or exposure of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic. (c) A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500) for the first violation and not to exceed one thousand dollars ($1,000) for each subsequent violation. (d) A person or entity that violates this section may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred. (e) A district attorney or city attorney may, but is not required to, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any cosmetic products sold in the state. (f) This section does not apply to a cosmetic if the cosmetic, or any compound of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date. (g) This section shall become operative on January 1, 2020.