S T A T E   O F   N E W   Y O R K
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                                    496
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, BARRETT, GOTTFRIED, EPSTEIN, WEPRIN
   --  Multi-Sponsored  by -- M. of A. GLICK -- read once and referred to
   the Committee on Economic Development
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of cosmetics tested on animals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-aaaa to read as follows:
   § 399-AAAA. SELLING OF ANIMAL TESTED COSMETICS. 1. FOR THE PURPOSES OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COSMETIC" SHALL MEAN (1) ARTICLES 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, AND
 (2) ARTICLES INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLES.
   (B) "COSMETIC ANIMAL TESTING" SHALL  MEAN  THE  INTERNAL  OR  EXTERNAL
 APPLICATION OR EXPOSURE OF ANY COSMETIC TO THE SKIN, EYES, OR OTHER BODY
 PART  OF  A  LIVE NON-HUMAN VERTEBRATE FOR THE PURPOSE OF EVALUATING THE
 SAFETY OR EFFICACY OF A COSMETIC.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, CORPORATION
 OR ASSOCIATION OR AGENT OR EMPLOYEE THEREOF  TO  MANUFACTURE,  KNOWINGLY
 IMPORT  FOR  PROFIT,  SELL  AT  RETAIL  OR OFFER FOR SALE AT RETAIL, ANY
 COSMETIC IF THE FINAL PRODUCT OR ANY COMPONENT THEREOF WAS DEVELOPED  OR
 MANUFACTURED USING COSMETIC ANIMAL TESTING AFTER THIS SECTION SHALL HAVE
 BECOME A LAW.
   3. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
 TORY  TO  HIM  OR HER THAT ANY PERSON, FIRM, PARTNERSHIP, CORPORATION OR
 ASSOCIATION OR AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY  PROVISION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01858-01-9

 A. 496                              2
 
 THIS SECTION, HE OR SHE MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE
 SUPREME COURT FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION
 AND  FOR  A  CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE
 FIRST  VIOLATION  AND NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH SUBSE-
 QUENT VIOLATION.  THIS SECTION SHALL ONLY APPLY TO COSMETIC  INGREDIENTS
 THAT WERE DEVELOPED OR MANUFACTURED PREDOMINATELY FOR COSMETICS.
   §  2.  This act shall take effect on the three hundred sixty-fifth day
 after it shall have become a law.