Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S263 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2265 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 263
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark C. Montigny
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect consumers from contributing to inhumane animal testing for cosmetics.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthMichael O. MooreSecond Worcester2/3/2025James K. Hawkins2nd Bristol2/7/2025James B. EldridgeMiddlesex and Worcester2/10/2025Vanna Howard17th Middlesex2/14/2025John F. KeenanNorfolk and Plymouth2/24/2025Manny Cruz7th Essex2/26/2025 1 of 4
16	16	SENATE DOCKET, NO. 2265 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 263
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 263) of Mark C. Montigny,
19	19	Michael O. Moore, James K. Hawkins, James B. Eldridge and other members of the General
20	20	Court for legislation to protect consumers from contributing to inhumane animal testing for
21	21	cosmetics. Consumer Protection and Professional Licensure.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to protect consumers from contributing to inhumane animal testing for cosmetics.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 140 of the General Laws, as appearing in the 2022 Official Edition,
31	31	2is hereby further amended by inserting after Section 174H the following new section:
32	32	3 174I. Selling of animal tested cosmetics.
33	33	4 1. For the purposes of this section the following terms shall have the following meanings:
34	34	5 (a) "Cosmetic", shall mean articles intended to be rubbed, brushed, poured, sprinkled, or
35	35	6sprayed on, introduced into, or otherwise applied to the human body or any part thereof for
36	36	7cleaning or for enhancing, concealing or changing the appearance, including but not limited to
37	37	8personal products such as deodorant, shampoo and conditioner.
38	38	9 (b) "Animal testing", shall mean the internal or external application of a cosmetic, either
39	39	10in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live non-
40	40	11human vertebrate. 2 of 4
41	41	12 (c) "Ingredient", shall have the same meaning as defined in 21 CFR 700.3(e).
42	42	13 (d) "Manufacturer", shall mean any person whose name appears on the label of a
43	43	14cosmetic pursuant to the requirements of 21 CFR 701.12.
44	44	15 (e) "Supplier", shall mean any entity that supplies, directly or through a third party, any
45	45	16ingredient used by a manufacturer in the formulation of a cosmetic.
46	46	17 2. Except as otherwise provided in this section, it shall be unlawful for a manufacturer to
47	47	18import for profit, sell or offer for sale in the commnwealth, any cosmetic which the manufacturer
48	48	19knew or reasonably should have known that animal testing was conducted or contracted by or on
49	49	20behalf of the manufacturer or any supplier of the manufacturer if the animal testing was
50	50	21conducted after the effective date of this section. No provision of this subsection shall be
51	51	22construed to apply to a test method conducted for the purposes of medical research.
52	52	23 3. This section does not apply to animal testing that is conducted:
53	53	24 (a) As a requirement of any federal or state regulatory agency if:
54	54	25 (i) the cosmetic or an ingredient in the cosmetic which is being tested is in wide use and
55	55	26cannot be replaced by another ingredient which is capable of performing a similar function; and
56	56	27 (ii) a specific human health problem relating to the cosmetic or ingredient is substantiated
57	57	28and the need to conduct animal testing is justified and supported by a detailed protocol for
58	58	29research that is proposed as the basis for the evaluation of the cosmetic or ingredient; and
59	59	30 (iii) there does not exist a method of testing other than animal testing that is accepted for
60	60	31the relevant purpose by a federal or state regulatory agency. 3 of 4
61	61	32 (b) As a requirement of any regulatory agency of a foreign jurisdiction, if no evidence
62	62	33derived from such testing was relied upon to substantiate the safety of a cosmetic sold within the
63	63	34commonwealth by the manufacturer.
64	64	35 (c) For any product or ingredient in a cosmetic which is subject to the requirements under
65	65	3621 USC subchapter V.
66	66	37 (d) For purposes not related to cosmetics as required by any federal, state or foreign
67	67	38regulatory agency, provided that no evidence derived from such testing was relied upon to
68	68	39substantiate the safety of a cosmetic sold within the state by the manufacturer, unless:
69	69	40 (i) documentary evidence exists that the intent of the animal testing was unrelated to
70	70	41cosmetics; and
71	71	42 (ii) there is a history of the use of the ingredient unrelated to cosmetics for a minimum of
72	72	43twelve months.
73	73	44 4. This section does not apply to a cosmetic:
74	74	45 (a) If, in its final form, such cosmetic was tested on animals before the effective date of
75	75	46this section, even if the cosmetic is manufactured on or after such date.
76	76	47 (b) If an ingredient contained in such cosmetic was tested on animals and sold in the
77	77	48commonwealth before the effective date of this section, even if such ingredient is manufactured
78	78	49on or after such date.
79	79	50 5. This section may not be construed to prevent a manufacturer from reviewing, assessing
80	80	51or retaining data resulting from exempted animal testing or from past animal testing results. 4 of 4
81	81	52 6. The attorney general may, upon a determination that there is a reasonable likelihood of
82	82	53a violation of this section, review any testing data on which a manufacturer has relied in
83	83	54determining the safety of a cosmetic or an ingredient in a cosmetic sold in Massachusetts. Any
84	84	55information related to a trade secret, as defined in section 42 of chapter 93 or 18 U.S.C. §
85	85	561839(3) and per Fair Packaging and Labeling Program, 15 U.S.C. § 1454(c)(3), disclosed under
86	86	57this section shall be protected and the attorney general shall enter into a protective order with the
87	87	58manufacturer before receipt of such information.
88	88	59 The attorney general shall take other appropriate measures as necessary to preserve the
89	89	60confidentiality of the information produced pursuant to this section. The attorney general may
90	90	61bring an action or special proceeding in the supreme court for a judgment enjoining the
91	91	62continuance of such violation and for a civil penalty of not more than five thousand dollars for
92	92	63the first violation and not more than one thousand dollars per day if the violation continues.
93	93	64 SECTION 2. This shall take effect 6 months after the passage of this act.