ENROLLED
2022 Regular Session
HOUSE BILL NO. 714
BY REPRESENTATIVES FREIBERG, GEYMANN, AND FREEMAN
1 AN ACT
2 To enact Part XII of Chapter 2 of Title 51 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 51:771 through 776, relative to the sale of certain cosmetics; to
4 provide definitions; to prohibit the sale of certain cosmetics; to provide exemptions;
5 to provide for application of law in political subdivisions; to provide for penalties;
6 to provide for severability; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Part XII of Chapter 2 of Title 51 of the Louisiana Revised Statutes of
9 1950, comprised of R.S. 51:771 through 776, is hereby enacted to read as follows:
10 PART XII. SALE OF COSMETICS TESTED ON ANIMALS
11 §771. Definitions
12 As used in this Part, the following terms have the following meanings:
13 (1) "Cosmetic" means either of the following:
14 (a) Articles intended to be applied to or introduced into the human body or
15 any part thereof for purposes of cleansing, beautifying, promoting attractiveness, or
16 altering appearance.
17 (b) Articles intended for use as a component of any articles provided for in
18 Subparagraph (a) of this Paragraph.
19 (c) "Cosmetic" does not include soap.
20 (2) "Cosmetic animal testing" means the internal or external application or
21 exposure of any cosmetic product, cosmetic ingredient, or nonfunctional constituent
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1 to the skin, eyes, or any other body part, organ, or extremity of a live nonhuman
2 vertebrate.
3 (3) "Cosmetic ingredient" means any single chemical entity or mixture used
4 as a component in the manufacture of a cosmetic product as defined in 21 CFR
5 700.3(e) on the date of enactment of this Part.
6 (4) "Cosmetic product" means a finished and complete cosmetic.
7 (5) "Manufacturer" means any entity required to specify conspicuously its
8 name and place of business on the label of a cosmetic in package form pursuant to
9 21 CFR 701.12.
10 (6) "Nonfunctional constituent" means any incidental ingredient as defined
11 in 21 CFR 701.3(1) on the date of enactment of this Part.
12 (7) "Supplier" means any entity that provides, whether directly or through
13 a third party, any cosmetic ingredient used by a manufacturer in the formulation of
14 a cosmetic product.
15 §772. Prohibition on the sale or offer for sale of certain cosmetics
16 Notwithstanding any provision of law to the contrary, it is unlawful for a
17 manufacturer to sell or offer for sale in this state a cosmetic that utilized cosmetic
18 animal testing during the development or manufacture of the cosmetic, if the
19 cosmetic animal testing was conducted by the manufacturer, any supplier of the
20 manufacturer, or any person or business hired or contracted by the manufacturer.
21 §773. Exemptions
22 A. The provisions of this Part shall not apply to the following instances of
23 cosmetic animal testing:
24 (1) Cosmetic animal testing conducted outside of the United States as
25 required by a foreign regulatory authority, provided that no evidence derived from
26 the testing was relied upon to substantiate the safety of the cosmetic ingredient or
27 cosmetic product being sold by the manufacturer in this state.
28 (2) Cosmetic animal testing conducted for any cosmetic or cosmetic
29 ingredient subject to regulation under 21 USC 351 et seq.
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1 (3) Cosmetic animal testing conducted for a cosmetic ingredient intended to
2 be used in a product that is not a cosmetic product and conducted pursuant to a
3 requirement of a federal, state, or foreign regulatory authority, provided that no
4 evidence derived from the testing was relied upon to substantiate the safety of a
5 cosmetic sold in this state by a cosmetics manufacturer, unless all of the following
6 apply:
7 (a) There is no nonanimal alternative method or strategy recognized by any
8 federal or state agency or the Organisation for Economic Co-operation and
9 Development for the relevant safety endpoints for the cosmetic ingredient or
10 nonfunctional constituent.
11 (b) There is documented evidence of the noncosmetic intent of the test.
12 (c) There is a history of use of the ingredient outside of cosmetics at least
13 twelve months prior to reliance.
14 (4) Cosmetic animal testing requested, required, or conducted by a federal
15 or state regulatory authority if all of the following apply:
16 (a) There is no nonanimal alternative method or strategy recognized by any
17 federal or state agency or the Organisation for Economic Co-operation and
18 Development for the relevant safety endpoints for the cosmetic ingredient or
19 nonfunctional constituent.
20 (b) The cosmetic ingredient or nonfunctional constituent poses a risk of
21 causing a specific substantiated human health problem and the need to conduct
22 cosmetics animal testing is justified and supported by a detailed research protocol
23 proposed as the basis for the evaluation of the cosmetics ingredient or nonfunctional
24 constituent.
25 (c) The cosmetic ingredient or nonfunctional constituent is in wide use and,
26 in the case of a cosmetic ingredient, cannot be replaced by another cosmetic
27 ingredient capable of performing a similar function.
28 B. The provisions of this Part shall not apply to any of the following:
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1 (1) A cosmetic in its final form, which was tested on animals before the
2 effective date of this Part, regardless of if the cosmetic is manufactured on or after
3 the effective date of this Part.
4 (2) An ingredient in a cosmetic, which was tested on animals before the
5 effective date of this Part, even if the ingredient is manufactured on or after the
6 effective date of this Part.
7 (3) A cosmetic manufacturer reviewing, assessing, or retaining evidence
8 from a cosmetic animal test.
9 §774. Political subdivisions; prohibition
10 No parish or political subdivision of this state shall establish or continue any
11 prohibition on or relating to cosmetic animal testing, as defined in this Part, that is
12 not identical to the prohibitions set forth in this Part.
13 §775. Penalties
14 A manufacturer that sells or offers for sale a cosmetic in violation of this Part
15 commits a civil violation punishable by a fine of not more than one thousand dollars
16 for the first day of each violation and an additional fine of five hundred dollars for
17 each day that each violation continues.
18 §776. Severability
19 If any provision of this Part is held invalid, or if its application to any person
20 or circumstance is held invalid, such invalidity does not affect other provisions or
21 applications which can be given effect without the invalid provision or application.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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