Relating to the prohibited sale of certain animal-tested cosmetics; imposing a civil penalty.

The text as introduced · 742 words

90R2907 KRM-D

By: Menéndez
S.B. No. 157

A BILL TO BE ENTITLED

AN ACT

relating to the prohibited sale of certain animal-tested cosmetics;

imposing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 431, Health and Safety Code, is amended

by adding Subchapter F-1 to read as follows:

SUBCHAPTER F-1. ANIMAL-TESTED COSMETICS

Sec. 431.151. DEFINITIONS. In this subchapter:

(1) "Animal-tested cosmetic" means a cosmetic tested

by internal or external application to or exposure to the skin,

eyes, or other body part of a live nonhuman vertebrate for purposes

of evaluating the safety or efficacy of the cosmetic.

(2) "Cosmetic ingredient" means a single chemical

substance used as a component in the manufacture of a cosmetic.

(3) "Incidental ingredient" means a substance that:

(A) is a component of an ingredient included in a

cosmetic;

(B) is present in the cosmetic at insignificant

levels; and

(C) has no technical or functional effect in the

cosmetic.

Sec. 431.152. PROHIBITION ON SALE. Except as provided by

Section 431.153, a cosmetic manufacturer may not knowingly sell or

offer for sale in this state a cosmetic:

(1) on which the manufacturer conducted animal testing

to develop the cosmetic;

(2) for which the manufacturer contracted with or

hired a person who conducted animal testing to develop the

cosmetic; or

(3) for which a supplier of the manufacturer conducted

animal testing to develop the cosmetic.

Sec. 431.153. EXCEPTIONS FOR CERTAIN ANIMAL TESTING.

Section 431.152 does not prohibit a cosmetic manufacturer from

selling or offering for sale an animal-tested cosmetic if the

animal testing is:

(1) conducted outside of the United States and the

testing:

(A) is required by a foreign regulatory

authority; and

(B) does not produce evidence that substantiates

the safety of the cosmetic or a cosmetic ingredient used in the

cosmetic;

(2) conducted for a cosmetic or cosmetic ingredient

subject to regulation under the federal act;

(3) conducted for an ingredient not intended for use

in a cosmetic and the animal testing is required by any authorized

federal, state, or foreign regulatory authority if either:

(A) the animal testing does not produce evidence

the cosmetic manufacturer relies on to substantiate the safety of

the cosmetic or a cosmetic ingredient used in the cosmetic; or

(B) the following apply:

(i) the cosmetic manufacturer determines

use of the data obtained from animal testing is necessary because no

nonanimal alternative method or strategy recognized by a federal or

state agency or the Organization for Economic Co-operation and

Development is available to conduct the relevant safety evaluation

of a cosmetic ingredient or incidental ingredient;

(ii) documented evidence demonstrates the

intent to conduct animal testing for non-cosmetic purposes; and

(iii) a history of the ingredient

demonstrates use for non-cosmetic purposes for at least 12 months

before reliance on evidence described by Paragraph (A); or

(4) requested, required, or conducted by a federal or

state regulatory authority, provided:

(A) no nonanimal alternative method or strategy

recognized by a federal or state agency, or the Organization for

Economic Co-operation and Development, is available to conduct the

relevant safety evaluation of the cosmetic ingredient or incidental

ingredient;

(B) the cosmetic ingredient or incidental

ingredient has a reasonable probability of posing a specific and

serious adverse human health risk, and the need to conduct animal

testing is justified and supported by a detailed research protocol

proposed as the basis for the evaluation of the cosmetic ingredient

or incidental ingredient; and

(C) the cosmetic ingredient or incidental

ingredient is widely used and, for a cosmetic ingredient, cannot be

replaced by another cosmetic ingredient capable of performing a

similar function.

Sec. 431.154. LOCAL PREEMPTION. This subchapter preempts

the power of a municipality, county, or any other political

subdivision of this state to regulate animal-tested cosmetics in a

manner that conflicts with this subchapter or rules adopted under

this subchapter.

Sec. 431.155. CIVIL PENALTY; ENFORCEMENT UNDER OTHER LAW.

(a) A person who violates this subchapter is subject to a civil

penalty in the amount of:

(1) $1,000 for the first violation; and

(2) $500 for each subsequent violation.

(b) A cosmetic manufacturer that violates this subchapter

is not subject to enforcement actions under Subchapter C.

SECTION 2. The changes in law made by this Act apply only to

an animal-tested cosmetic sold or offered for sale in this state

that undergoes animal testing conducted on or after the effective

date of this Act.

SECTION 3. This Act takes effect September 1, 2027.