Amended IN Assembly August 28, 2018 Amended IN Assembly August 06, 2018 Amended IN Assembly July 02, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 03, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1249Introduced by Senator Galgiani(Principal coauthor: Assembly Member Kalra)(Coauthor: Senator Allen)(Coauthors: Assembly Members Bloom, Gabriel, and Limn)February 15, 2018 An act to add Section 1834.9.5 to the Civil Code, relating to animal testing. LEGISLATIVE COUNSEL'S DIGESTSB 1249, as amended, 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 Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) or other specified agencies.This bill would make it unlawful for a manufacturer to knowingly import for profit, sell at retail, or offer for sale or promotional purposes at retail sell, or offer for sale in this state, any cosmetic, as defined, if the final product or any component thereof was tested on animals for any purpose if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020, except as specified. The bill would specify that a violation of its provisions is punishable by an initial fine of $5,000 and an additional fine of $1,000 for each day the violation continues, and may be enforced by the district attorney or city attorney in the county or city in which the violation occurred, as specified. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was in its final form or to an ingredient, if the cosmetic or ingredient was sold in California or tested on animals before January 1, 2020, as specified. The bill would authorize cosmetic inventory in violation of the bills provisions to be sold for a period of 180 days. The bill would prohibit a county or political subdivision of the state from establishing or continuing any prohibition on or relating to animal tests that is not identical to the prohibitions in the bill and that does not include the exemptions contained in the bill. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO 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 a manufacturer to knowingly import for profit, sell at retail, sell, or offer for sale or promotional purposes at retail in this state, any cosmetic if the final product or any component thereof was tested on animals for any purpose cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020.(b) For purposes of this section, the following terms apply:(1)Animal testing means the internal or external application of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate.(2)Cosmetic means both of the following:(1) Animal test means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate.(A)Any(2) Cosmetic means 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).(3)Drug means a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.(3) Ingredient means any component of a cosmetic as defined by Section 700.3 of Title 21 of the Code of Federal Regulations.(4) Manufacturer means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.(5)Tested on animals means that a cosmetic or component of the cosmetic has been subject to animal testing.(c)Subdivision (a) does not apply to a cosmetic or component of the cosmetic under any of the following circumstances:(1)Animal testing of the cosmetic or component of the cosmetic is required by the federal Food and Drug Administration or the Department of Toxic Substances Control, and there is no alternative method to evaluate a substantiated and serious specific human health problem associated with the cosmetic or component of the cosmetic that cannot be replaced with another cosmetic or component capable of performing a similar function.(2)Animal testing of a cosmetic or component of the cosmetic is conducted to comply with a formal requirement of a foreign regulatory authority if the requirement was in place prior to January 1, 2020. This paragraph shall become inoperative on January 1, 2023.(3)Animal testing of a component of a cosmetic product is conducted for noncosmetic purposes in response to a formal requirement of a federal, state, or foreign regulatory authority for a noncosmetic use, the cosmetic product containing that component was for sale in California for at least one year prior to the date the noncosmetic animal testing began, and the noncosmetic animal testing was not conducted by either of the following:(A)A manufacturer that imports for profit, sells at retail, or offers for sale or promotional purposes at retail a cosmetic that includes the component in this state.(B)An entity, including, but not limited to, a partnership, corporation, or association, for the benefit of, at the direction of, contracted by, or in association with, a manufacturer described in subparagraph (A).(4)Animal testing of a component of a cosmetic product is or was conducted by or on behalf of a drug developer during the development of a federal Food and Drug Administration-approved drug and was required for the completion of a submitted new drug application in accordance with Section 314.50 of Title 21 of the Code of Federal Regulations.(5) Supplier means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturers cosmetic.(c) The prohibitions in subdivision (a) do not apply to the following:(1) An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:(A) The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.(B) A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.(C) There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. (3) An animal test that was conducted on any product or ingredient subject to the requirements of Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). (4) An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.(d) A violation of this section shall be punishable by a fine of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.(e) A violation of this section may be enforced 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. The civil fine shall be paid to the entity that is authorized to bring the action.(f) A district attorney or city attorney may, but is not required to, upon a determination that there is a reasonable likelihood of a violation of this section, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any the relevant cosmetic products product sold in the state. Information provided under this section shall be protected as a trade secret as defined in subdivision (d) of Section 3426.1. Consistent with the procedures described in Section 3426.5, a district attorney or city attorney shall enter a protective order with a manufacturer before receipt of information from a manufacturer pursuant to this section, and shall take other appropriate measures necessary to preserve the confidentiality of information provided pursuant to this section. (g) This section does shall not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date. either of the following:(1) A cosmetic, if the cosmetic, in its final form, was sold in California or tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(2) An ingredient, if the ingredient was sold in California or tested on animals prior to January 1, 2020, even if the ingredient is manufactured after that date.(h) Notwithstanding any other provision of this section, cosmetic inventory found to be in violation of this section may be sold for a period of 180 days. (i) No county or political subdivision of the state may establish or continue any prohibition on or relating to animal tests, as defined in this section, that is not identical to the prohibitions set forth in this section and that does not include the exemptions contained in subdivision (c). (h) (j) This section shall become operative on January 1, 2020.
Amended IN Assembly August 28, 2018 Amended IN Assembly August 06, 2018 Amended IN Assembly July 02, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 03, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1249Introduced by Senator Galgiani(Principal coauthor: Assembly Member Kalra)(Coauthor: Senator Allen)(Coauthors: Assembly Members Bloom, Gabriel, and Limn)February 15, 2018 An act to add Section 1834.9.5 to the Civil Code, relating to animal testing. LEGISLATIVE COUNSEL'S DIGESTSB 1249, as amended, 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 Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) or other specified agencies.This bill would make it unlawful for a manufacturer to knowingly import for profit, sell at retail, or offer for sale or promotional purposes at retail sell, or offer for sale in this state, any cosmetic, as defined, if the final product or any component thereof was tested on animals for any purpose if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020, except as specified. The bill would specify that a violation of its provisions is punishable by an initial fine of $5,000 and an additional fine of $1,000 for each day the violation continues, and may be enforced by the district attorney or city attorney in the county or city in which the violation occurred, as specified. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was in its final form or to an ingredient, if the cosmetic or ingredient was sold in California or tested on animals before January 1, 2020, as specified. The bill would authorize cosmetic inventory in violation of the bills provisions to be sold for a period of 180 days. The bill would prohibit a county or political subdivision of the state from establishing or continuing any prohibition on or relating to animal tests that is not identical to the prohibitions in the bill and that does not include the exemptions contained in the bill. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly August 28, 2018 Amended IN Assembly August 06, 2018 Amended IN Assembly July 02, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 03, 2018
Amended IN Assembly August 28, 2018
Amended IN Assembly August 06, 2018
Amended IN Assembly July 02, 2018
Amended IN Senate April 30, 2018
Amended IN Senate April 03, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1249
Introduced by Senator Galgiani(Principal coauthor: Assembly Member Kalra)(Coauthor: Senator Allen)(Coauthors: Assembly Members Bloom, Gabriel, and Limn)February 15, 2018
Introduced by Senator Galgiani(Principal coauthor: Assembly Member Kalra)(Coauthor: Senator Allen)(Coauthors: Assembly Members Bloom, Gabriel, and Limn)
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 amended, 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 Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) or other specified agencies.This bill would make it unlawful for a manufacturer to knowingly import for profit, sell at retail, or offer for sale or promotional purposes at retail sell, or offer for sale in this state, any cosmetic, as defined, if the final product or any component thereof was tested on animals for any purpose if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020, except as specified. The bill would specify that a violation of its provisions is punishable by an initial fine of $5,000 and an additional fine of $1,000 for each day the violation continues, and may be enforced by the district attorney or city attorney in the county or city in which the violation occurred, as specified. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was in its final form or to an ingredient, if the cosmetic or ingredient was sold in California or tested on animals before January 1, 2020, as specified. The bill would authorize cosmetic inventory in violation of the bills provisions to be sold for a period of 180 days. The bill would prohibit a county or political subdivision of the state from establishing or continuing any prohibition on or relating to animal tests that is not identical to the prohibitions in the bill and that does not include the exemptions contained in the bill.
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 Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) or other specified agencies.
This bill would make it unlawful for a manufacturer to knowingly import for profit, sell at retail, or offer for sale or promotional purposes at retail sell, or offer for sale in this state, any cosmetic, as defined, if the final product or any component thereof was tested on animals for any purpose if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020, except as specified. The bill would specify that a violation of its provisions is punishable by an initial fine of $5,000 and an additional fine of $1,000 for each day the violation continues, and may be enforced by the district attorney or city attorney in the county or city in which the violation occurred, as specified. The bill would not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was in its final form or to an ingredient, if the cosmetic or ingredient was sold in California or tested on animals before January 1, 2020, as specified. The bill would authorize cosmetic inventory in violation of the bills provisions to be sold for a period of 180 days. The bill would prohibit a county or political subdivision of the state from establishing or continuing any prohibition on or relating to animal tests that is not identical to the prohibitions in the bill and that does not include the exemptions contained in the bill.
## 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 a manufacturer to knowingly import for profit, sell at retail, sell, or offer for sale or promotional purposes at retail in this state, any cosmetic if the final product or any component thereof was tested on animals for any purpose cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020.(b) For purposes of this section, the following terms apply:(1)Animal testing means the internal or external application of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate.(2)Cosmetic means both of the following:(1) Animal test means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate.(A)Any(2) Cosmetic means 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).(3)Drug means a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.(3) Ingredient means any component of a cosmetic as defined by Section 700.3 of Title 21 of the Code of Federal Regulations.(4) Manufacturer means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.(5)Tested on animals means that a cosmetic or component of the cosmetic has been subject to animal testing.(c)Subdivision (a) does not apply to a cosmetic or component of the cosmetic under any of the following circumstances:(1)Animal testing of the cosmetic or component of the cosmetic is required by the federal Food and Drug Administration or the Department of Toxic Substances Control, and there is no alternative method to evaluate a substantiated and serious specific human health problem associated with the cosmetic or component of the cosmetic that cannot be replaced with another cosmetic or component capable of performing a similar function.(2)Animal testing of a cosmetic or component of the cosmetic is conducted to comply with a formal requirement of a foreign regulatory authority if the requirement was in place prior to January 1, 2020. This paragraph shall become inoperative on January 1, 2023.(3)Animal testing of a component of a cosmetic product is conducted for noncosmetic purposes in response to a formal requirement of a federal, state, or foreign regulatory authority for a noncosmetic use, the cosmetic product containing that component was for sale in California for at least one year prior to the date the noncosmetic animal testing began, and the noncosmetic animal testing was not conducted by either of the following:(A)A manufacturer that imports for profit, sells at retail, or offers for sale or promotional purposes at retail a cosmetic that includes the component in this state.(B)An entity, including, but not limited to, a partnership, corporation, or association, for the benefit of, at the direction of, contracted by, or in association with, a manufacturer described in subparagraph (A).(4)Animal testing of a component of a cosmetic product is or was conducted by or on behalf of a drug developer during the development of a federal Food and Drug Administration-approved drug and was required for the completion of a submitted new drug application in accordance with Section 314.50 of Title 21 of the Code of Federal Regulations.(5) Supplier means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturers cosmetic.(c) The prohibitions in subdivision (a) do not apply to the following:(1) An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:(A) The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.(B) A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.(C) There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. (3) An animal test that was conducted on any product or ingredient subject to the requirements of Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). (4) An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.(d) A violation of this section shall be punishable by a fine of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.(e) A violation of this section may be enforced 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. The civil fine shall be paid to the entity that is authorized to bring the action.(f) A district attorney or city attorney may, but is not required to, upon a determination that there is a reasonable likelihood of a violation of this section, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any the relevant cosmetic products product sold in the state. Information provided under this section shall be protected as a trade secret as defined in subdivision (d) of Section 3426.1. Consistent with the procedures described in Section 3426.5, a district attorney or city attorney shall enter a protective order with a manufacturer before receipt of information from a manufacturer pursuant to this section, and shall take other appropriate measures necessary to preserve the confidentiality of information provided pursuant to this section. (g) This section does shall not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date. either of the following:(1) A cosmetic, if the cosmetic, in its final form, was sold in California or tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(2) An ingredient, if the ingredient was sold in California or tested on animals prior to January 1, 2020, even if the ingredient is manufactured after that date.(h) Notwithstanding any other provision of this section, cosmetic inventory found to be in violation of this section may be sold for a period of 180 days. (i) No county or political subdivision of the state may establish or continue any prohibition on or relating to animal tests, as defined in this section, that is not identical to the prohibitions set forth in this section and that does not include the exemptions contained in subdivision (c). (h) (j) 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 a manufacturer to knowingly import for profit, sell at retail, sell, or offer for sale or promotional purposes at retail in this state, any cosmetic if the final product or any component thereof was tested on animals for any purpose cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020.(b) For purposes of this section, the following terms apply:(1)Animal testing means the internal or external application of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate.(2)Cosmetic means both of the following:(1) Animal test means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate.(A)Any(2) Cosmetic means 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).(3)Drug means a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.(3) Ingredient means any component of a cosmetic as defined by Section 700.3 of Title 21 of the Code of Federal Regulations.(4) Manufacturer means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.(5)Tested on animals means that a cosmetic or component of the cosmetic has been subject to animal testing.(c)Subdivision (a) does not apply to a cosmetic or component of the cosmetic under any of the following circumstances:(1)Animal testing of the cosmetic or component of the cosmetic is required by the federal Food and Drug Administration or the Department of Toxic Substances Control, and there is no alternative method to evaluate a substantiated and serious specific human health problem associated with the cosmetic or component of the cosmetic that cannot be replaced with another cosmetic or component capable of performing a similar function.(2)Animal testing of a cosmetic or component of the cosmetic is conducted to comply with a formal requirement of a foreign regulatory authority if the requirement was in place prior to January 1, 2020. This paragraph shall become inoperative on January 1, 2023.(3)Animal testing of a component of a cosmetic product is conducted for noncosmetic purposes in response to a formal requirement of a federal, state, or foreign regulatory authority for a noncosmetic use, the cosmetic product containing that component was for sale in California for at least one year prior to the date the noncosmetic animal testing began, and the noncosmetic animal testing was not conducted by either of the following:(A)A manufacturer that imports for profit, sells at retail, or offers for sale or promotional purposes at retail a cosmetic that includes the component in this state.(B)An entity, including, but not limited to, a partnership, corporation, or association, for the benefit of, at the direction of, contracted by, or in association with, a manufacturer described in subparagraph (A).(4)Animal testing of a component of a cosmetic product is or was conducted by or on behalf of a drug developer during the development of a federal Food and Drug Administration-approved drug and was required for the completion of a submitted new drug application in accordance with Section 314.50 of Title 21 of the Code of Federal Regulations.(5) Supplier means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturers cosmetic.(c) The prohibitions in subdivision (a) do not apply to the following:(1) An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:(A) The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.(B) A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.(C) There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. (3) An animal test that was conducted on any product or ingredient subject to the requirements of Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). (4) An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.(d) A violation of this section shall be punishable by a fine of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.(e) A violation of this section may be enforced 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. The civil fine shall be paid to the entity that is authorized to bring the action.(f) A district attorney or city attorney may, but is not required to, upon a determination that there is a reasonable likelihood of a violation of this section, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any the relevant cosmetic products product sold in the state. Information provided under this section shall be protected as a trade secret as defined in subdivision (d) of Section 3426.1. Consistent with the procedures described in Section 3426.5, a district attorney or city attorney shall enter a protective order with a manufacturer before receipt of information from a manufacturer pursuant to this section, and shall take other appropriate measures necessary to preserve the confidentiality of information provided pursuant to this section. (g) This section does shall not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date. either of the following:(1) A cosmetic, if the cosmetic, in its final form, was sold in California or tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(2) An ingredient, if the ingredient was sold in California or tested on animals prior to January 1, 2020, even if the ingredient is manufactured after that date.(h) Notwithstanding any other provision of this section, cosmetic inventory found to be in violation of this section may be sold for a period of 180 days. (i) No county or political subdivision of the state may establish or continue any prohibition on or relating to animal tests, as defined in this section, that is not identical to the prohibitions set forth in this section and that does not include the exemptions contained in subdivision (c). (h) (j) 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 a manufacturer to knowingly import for profit, sell at retail, sell, or offer for sale or promotional purposes at retail in this state, any cosmetic if the final product or any component thereof was tested on animals for any purpose cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020.(b) For purposes of this section, the following terms apply:(1)Animal testing means the internal or external application of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate.(2)Cosmetic means both of the following:(1) Animal test means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate.(A)Any(2) Cosmetic means 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).(3)Drug means a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.(3) Ingredient means any component of a cosmetic as defined by Section 700.3 of Title 21 of the Code of Federal Regulations.(4) Manufacturer means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.(5)Tested on animals means that a cosmetic or component of the cosmetic has been subject to animal testing.(c)Subdivision (a) does not apply to a cosmetic or component of the cosmetic under any of the following circumstances:(1)Animal testing of the cosmetic or component of the cosmetic is required by the federal Food and Drug Administration or the Department of Toxic Substances Control, and there is no alternative method to evaluate a substantiated and serious specific human health problem associated with the cosmetic or component of the cosmetic that cannot be replaced with another cosmetic or component capable of performing a similar function.(2)Animal testing of a cosmetic or component of the cosmetic is conducted to comply with a formal requirement of a foreign regulatory authority if the requirement was in place prior to January 1, 2020. This paragraph shall become inoperative on January 1, 2023.(3)Animal testing of a component of a cosmetic product is conducted for noncosmetic purposes in response to a formal requirement of a federal, state, or foreign regulatory authority for a noncosmetic use, the cosmetic product containing that component was for sale in California for at least one year prior to the date the noncosmetic animal testing began, and the noncosmetic animal testing was not conducted by either of the following:(A)A manufacturer that imports for profit, sells at retail, or offers for sale or promotional purposes at retail a cosmetic that includes the component in this state.(B)An entity, including, but not limited to, a partnership, corporation, or association, for the benefit of, at the direction of, contracted by, or in association with, a manufacturer described in subparagraph (A).(4)Animal testing of a component of a cosmetic product is or was conducted by or on behalf of a drug developer during the development of a federal Food and Drug Administration-approved drug and was required for the completion of a submitted new drug application in accordance with Section 314.50 of Title 21 of the Code of Federal Regulations.(5) Supplier means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturers cosmetic.(c) The prohibitions in subdivision (a) do not apply to the following:(1) An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:(A) The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.(B) A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.(C) There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. (3) An animal test that was conducted on any product or ingredient subject to the requirements of Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). (4) An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.(d) A violation of this section shall be punishable by a fine of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.(e) A violation of this section may be enforced 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. The civil fine shall be paid to the entity that is authorized to bring the action.(f) A district attorney or city attorney may, but is not required to, upon a determination that there is a reasonable likelihood of a violation of this section, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any the relevant cosmetic products product sold in the state. Information provided under this section shall be protected as a trade secret as defined in subdivision (d) of Section 3426.1. Consistent with the procedures described in Section 3426.5, a district attorney or city attorney shall enter a protective order with a manufacturer before receipt of information from a manufacturer pursuant to this section, and shall take other appropriate measures necessary to preserve the confidentiality of information provided pursuant to this section. (g) This section does shall not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date. either of the following:(1) A cosmetic, if the cosmetic, in its final form, was sold in California or tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(2) An ingredient, if the ingredient was sold in California or tested on animals prior to January 1, 2020, even if the ingredient is manufactured after that date.(h) Notwithstanding any other provision of this section, cosmetic inventory found to be in violation of this section may be sold for a period of 180 days. (i) No county or political subdivision of the state may establish or continue any prohibition on or relating to animal tests, as defined in this section, that is not identical to the prohibitions set forth in this section and that does not include the exemptions contained in subdivision (c). (h) (j) This section shall become operative on January 1, 2020.
1834.9.5. (a) Notwithstanding any other law, it is unlawful for a manufacturer to knowingly import for profit, sell at retail, sell, or offer for sale or promotional purposes at retail in this state, any cosmetic if the final product or any component thereof was tested on animals for any purpose cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020.(b) For purposes of this section, the following terms apply:(1)Animal testing means the internal or external application of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate.(2)Cosmetic means both of the following:(1) Animal test means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate.(A)Any(2) Cosmetic means 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).(3)Drug means a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.(3) Ingredient means any component of a cosmetic as defined by Section 700.3 of Title 21 of the Code of Federal Regulations.(4) Manufacturer means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.(5)Tested on animals means that a cosmetic or component of the cosmetic has been subject to animal testing.(c)Subdivision (a) does not apply to a cosmetic or component of the cosmetic under any of the following circumstances:(1)Animal testing of the cosmetic or component of the cosmetic is required by the federal Food and Drug Administration or the Department of Toxic Substances Control, and there is no alternative method to evaluate a substantiated and serious specific human health problem associated with the cosmetic or component of the cosmetic that cannot be replaced with another cosmetic or component capable of performing a similar function.(2)Animal testing of a cosmetic or component of the cosmetic is conducted to comply with a formal requirement of a foreign regulatory authority if the requirement was in place prior to January 1, 2020. This paragraph shall become inoperative on January 1, 2023.(3)Animal testing of a component of a cosmetic product is conducted for noncosmetic purposes in response to a formal requirement of a federal, state, or foreign regulatory authority for a noncosmetic use, the cosmetic product containing that component was for sale in California for at least one year prior to the date the noncosmetic animal testing began, and the noncosmetic animal testing was not conducted by either of the following:(A)A manufacturer that imports for profit, sells at retail, or offers for sale or promotional purposes at retail a cosmetic that includes the component in this state.(B)An entity, including, but not limited to, a partnership, corporation, or association, for the benefit of, at the direction of, contracted by, or in association with, a manufacturer described in subparagraph (A).(4)Animal testing of a component of a cosmetic product is or was conducted by or on behalf of a drug developer during the development of a federal Food and Drug Administration-approved drug and was required for the completion of a submitted new drug application in accordance with Section 314.50 of Title 21 of the Code of Federal Regulations.(5) Supplier means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturers cosmetic.(c) The prohibitions in subdivision (a) do not apply to the following:(1) An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:(A) The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.(B) A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.(C) There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. (3) An animal test that was conducted on any product or ingredient subject to the requirements of Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). (4) An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.(d) A violation of this section shall be punishable by a fine of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.(e) A violation of this section may be enforced 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. The civil fine shall be paid to the entity that is authorized to bring the action.(f) A district attorney or city attorney may, but is not required to, upon a determination that there is a reasonable likelihood of a violation of this section, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any the relevant cosmetic products product sold in the state. Information provided under this section shall be protected as a trade secret as defined in subdivision (d) of Section 3426.1. Consistent with the procedures described in Section 3426.5, a district attorney or city attorney shall enter a protective order with a manufacturer before receipt of information from a manufacturer pursuant to this section, and shall take other appropriate measures necessary to preserve the confidentiality of information provided pursuant to this section. (g) This section does shall not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date. either of the following:(1) A cosmetic, if the cosmetic, in its final form, was sold in California or tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(2) An ingredient, if the ingredient was sold in California or tested on animals prior to January 1, 2020, even if the ingredient is manufactured after that date.(h) Notwithstanding any other provision of this section, cosmetic inventory found to be in violation of this section may be sold for a period of 180 days. (i) No county or political subdivision of the state may establish or continue any prohibition on or relating to animal tests, as defined in this section, that is not identical to the prohibitions set forth in this section and that does not include the exemptions contained in subdivision (c). (h) (j) This section shall become operative on January 1, 2020.
1834.9.5. (a) Notwithstanding any other law, it is unlawful for a manufacturer to knowingly import for profit, sell at retail, sell, or offer for sale or promotional purposes at retail in this state, any cosmetic if the final product or any component thereof was tested on animals for any purpose cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020.(b) For purposes of this section, the following terms apply:(1)Animal testing means the internal or external application of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate.(2)Cosmetic means both of the following:(1) Animal test means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate.(A)Any(2) Cosmetic means 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).(3)Drug means a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.(3) Ingredient means any component of a cosmetic as defined by Section 700.3 of Title 21 of the Code of Federal Regulations.(4) Manufacturer means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.(5)Tested on animals means that a cosmetic or component of the cosmetic has been subject to animal testing.(c)Subdivision (a) does not apply to a cosmetic or component of the cosmetic under any of the following circumstances:(1)Animal testing of the cosmetic or component of the cosmetic is required by the federal Food and Drug Administration or the Department of Toxic Substances Control, and there is no alternative method to evaluate a substantiated and serious specific human health problem associated with the cosmetic or component of the cosmetic that cannot be replaced with another cosmetic or component capable of performing a similar function.(2)Animal testing of a cosmetic or component of the cosmetic is conducted to comply with a formal requirement of a foreign regulatory authority if the requirement was in place prior to January 1, 2020. This paragraph shall become inoperative on January 1, 2023.(3)Animal testing of a component of a cosmetic product is conducted for noncosmetic purposes in response to a formal requirement of a federal, state, or foreign regulatory authority for a noncosmetic use, the cosmetic product containing that component was for sale in California for at least one year prior to the date the noncosmetic animal testing began, and the noncosmetic animal testing was not conducted by either of the following:(A)A manufacturer that imports for profit, sells at retail, or offers for sale or promotional purposes at retail a cosmetic that includes the component in this state.(B)An entity, including, but not limited to, a partnership, corporation, or association, for the benefit of, at the direction of, contracted by, or in association with, a manufacturer described in subparagraph (A).(4)Animal testing of a component of a cosmetic product is or was conducted by or on behalf of a drug developer during the development of a federal Food and Drug Administration-approved drug and was required for the completion of a submitted new drug application in accordance with Section 314.50 of Title 21 of the Code of Federal Regulations.(5) Supplier means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturers cosmetic.(c) The prohibitions in subdivision (a) do not apply to the following:(1) An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:(A) The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.(B) A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.(C) There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. (3) An animal test that was conducted on any product or ingredient subject to the requirements of Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). (4) An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.(d) A violation of this section shall be punishable by a fine of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.(e) A violation of this section may be enforced 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. The civil fine shall be paid to the entity that is authorized to bring the action.(f) A district attorney or city attorney may, but is not required to, upon a determination that there is a reasonable likelihood of a violation of this section, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any the relevant cosmetic products product sold in the state. Information provided under this section shall be protected as a trade secret as defined in subdivision (d) of Section 3426.1. Consistent with the procedures described in Section 3426.5, a district attorney or city attorney shall enter a protective order with a manufacturer before receipt of information from a manufacturer pursuant to this section, and shall take other appropriate measures necessary to preserve the confidentiality of information provided pursuant to this section. (g) This section does shall not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date. either of the following:(1) A cosmetic, if the cosmetic, in its final form, was sold in California or tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.(2) An ingredient, if the ingredient was sold in California or tested on animals prior to January 1, 2020, even if the ingredient is manufactured after that date.(h) Notwithstanding any other provision of this section, cosmetic inventory found to be in violation of this section may be sold for a period of 180 days. (i) No county or political subdivision of the state may establish or continue any prohibition on or relating to animal tests, as defined in this section, that is not identical to the prohibitions set forth in this section and that does not include the exemptions contained in subdivision (c). (h) (j) This section shall become operative on January 1, 2020.
1834.9.5. (a) Notwithstanding any other law, it is unlawful for a manufacturer to knowingly import for profit, sell at retail, sell, or offer for sale or promotional purposes at retail in this state, any cosmetic if the final product or any component thereof was tested on animals for any purpose cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020.
(b) For purposes of this section, the following terms apply:
(1)Animal testing means the internal or external application of a cosmetic to the skin, eyes, or other body part of a live, nonhuman vertebrate.
(2)Cosmetic means both of the following:
(1) Animal test means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate.
(A)Any
(2) Cosmetic means 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).
(3)Drug means a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.
(3) Ingredient means any component of a cosmetic as defined by Section 700.3 of Title 21 of the Code of Federal Regulations.
(4) Manufacturer means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.
(5)Tested on animals means that a cosmetic or component of the cosmetic has been subject to animal testing.
(c)Subdivision (a) does not apply to a cosmetic or component of the cosmetic under any of the following circumstances:
(1)Animal testing of the cosmetic or component of the cosmetic is required by the federal Food and Drug Administration or the Department of Toxic Substances Control, and there is no alternative method to evaluate a substantiated and serious specific human health problem associated with the cosmetic or component of the cosmetic that cannot be replaced with another cosmetic or component capable of performing a similar function.
(2)Animal testing of a cosmetic or component of the cosmetic is conducted to comply with a formal requirement of a foreign regulatory authority if the requirement was in place prior to January 1, 2020. This paragraph shall become inoperative on January 1, 2023.
(3)Animal testing of a component of a cosmetic product is conducted for noncosmetic purposes in response to a formal requirement of a federal, state, or foreign regulatory authority for a noncosmetic use, the cosmetic product containing that component was for sale in California for at least one year prior to the date the noncosmetic animal testing began, and the noncosmetic animal testing was not conducted by either of the following:
(A)A manufacturer that imports for profit, sells at retail, or offers for sale or promotional purposes at retail a cosmetic that includes the component in this state.
(B)An entity, including, but not limited to, a partnership, corporation, or association, for the benefit of, at the direction of, contracted by, or in association with, a manufacturer described in subparagraph (A).
(4)Animal testing of a component of a cosmetic product is or was conducted by or on behalf of a drug developer during the development of a federal Food and Drug Administration-approved drug and was required for the completion of a submitted new drug application in accordance with Section 314.50 of Title 21 of the Code of Federal Regulations.
(5) Supplier means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturers cosmetic.
(c) The prohibitions in subdivision (a) do not apply to the following:
(1) An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:
(A) The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.
(B) A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.
(C) There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.
(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer.
(3) An animal test that was conducted on any product or ingredient subject to the requirements of Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).
(4) An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.
(d) A violation of this section shall be punishable by a fine of five thousand dollars ($5,000) and an additional one thousand dollars ($1,000) for each day the violation continues.
(e) A violation of this section may be enforced 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. The civil fine shall be paid to the entity that is authorized to bring the action.
(f) A district attorney or city attorney may, but is not required to, upon a determination that there is a reasonable likelihood of a violation of this section, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of any the relevant cosmetic products product sold in the state. Information provided under this section shall be protected as a trade secret as defined in subdivision (d) of Section 3426.1. Consistent with the procedures described in Section 3426.5, a district attorney or city attorney shall enter a protective order with a manufacturer before receipt of information from a manufacturer pursuant to this section, and shall take other appropriate measures necessary to preserve the confidentiality of information provided pursuant to this section.
(g) This section does shall not apply to a cosmetic if the cosmetic, or any component of the cosmetic, was tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date. either of the following:
(1) A cosmetic, if the cosmetic, in its final form, was sold in California or tested on animals prior to January 1, 2020, even if the cosmetic is manufactured after that date.
(2) An ingredient, if the ingredient was sold in California or tested on animals prior to January 1, 2020, even if the ingredient is manufactured after that date.
(h) Notwithstanding any other provision of this section, cosmetic inventory found to be in violation of this section may be sold for a period of 180 days.
(i) No county or political subdivision of the state may establish or continue any prohibition on or relating to animal tests, as defined in this section, that is not identical to the prohibitions set forth in this section and that does not include the exemptions contained in subdivision (c).
(h)
(j) This section shall become operative on January 1, 2020.