Florida Senate - 2022                             CS for SB 1718
       By the Committee on Commerce and Tourism; and Senators Book and
       577-02261-22                                          20221718c1
    1                        A bill to be entitled                      
    2         An act relating to cosmetic animal testing; creating
    3         s. 499.075, F.S.; providing a short title; defining
    4         terms; prohibiting a manufacturer from manufacturing,
    5         importing for profit, selling, or offering for sale in
    6         this state a cosmetic developed or manufactured using
    7         cosmetic animal testing conducted or contracted by
    8         certain persons or from conducting or contracting for
    9         cosmetic animal testing; providing exceptions;
   10         providing labeling requirements for specified
   11         cosmetics; providing enforcement and civil penalties;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 499.075, Florida Statutes, is created to
   17  read:
   18         499.075Cosmetic animal testing.—
   19         (1)SHORT TITLE.—This section may be cited as the “Humane
   20  Cosmetics Act.”
   21         (2)DEFINITIONS.—For the purposes of this section:
   22         (a)“Cosmetic” means any article intended to be rubbed,
   23  poured, sprinkled, or sprayed on, introduced into, or otherwise
   24  applied to the human body or any part thereof for cleansing,
   25  beautifying, promoting attractiveness, or altering the
   26  appearance, including, but not limited to, personal hygiene
   27  products such as deodorant, shampoo, or conditioner.
   28         (b)“Cosmetic animal testing” means the internal or
   29  external application of a cosmetic in its final form or any
   30  ingredient used in the formulation of such cosmetic to the skin,
   31  eyes, or other body part of a live, nonhuman vertebrate.
   32  Reviewing, assessing, or retaining evidence from a cosmetic
   33  animal test does not constitute developing or manufacturing a
   34  cosmetic using animal testing for purposes of this section.
   35         (c)“Ingredient” means any single chemical entity or
   36  mixture used as a component in the manufacture of a cosmetic
   37  product.
   38         (d)“Manufacturer” means any person whose name appears on
   39  the label of a cosmetic pursuant to the requirements of 21
   40  C.F.R. s. 701.12 as those requirements exist on July 1, 2022.
   41         (e)“Supplier” means an entity that supplies, directly or
   42  through a third party, any ingredient used in the formulation of
   43  a manufacturer’s cosmetic.
   44         (3)PROHIBITION.—Except as provided in subsection (4), a
   45  manufacturer may not perform any of the following acts in this
   46  state:
   47         (a)Manufacture, import for profit, sell, or offer for sale
   48  a cosmetic developed or manufactured using cosmetic animal
   49  testing conducted or contracted by the manufacturer or any
   50  supplier of the manufacturer.
   51         (b)Conduct or contract for cosmetic animal testing.
   52         (4)EXCEPTIONS.—The prohibitions under subsection (3) do
   53  not apply if cosmetic animal testing is conducted to comply with
   54  the following:
   55         (a)A requirement of a federal or state law or regulation,
   56  if all of the following apply:
   57         1.The ingredient is in wide use and cannot be replaced by
   58  another ingredient capable of performing a similar function.
   59         2.A specific human health problem is substantiated and the
   60  need to conduct animal tests is justified and is supported by a
   61  detailed research protocol proposed as the basis for the
   62  evaluation.
   63         3.There is no nonanimal alternative method accepted for
   64  the relevant endpoint by the relevant federal or state
   65  authority;
   66         (b)Chapter V of the Federal Food, Drug, and Cosmetic Act;
   67         (c)A requirement of a foreign regulatory authority if no
   68  evidence derived from such testing was relied upon to
   69  substantiate the safety of the cosmetic sold in the state by the
   70  manufacturer; or
   71         (d)For noncosmetic purposes, a requirement of a federal,
   72  state, or foreign regulatory authority if no evidence derived
   73  from such testing was relied upon to substantiate the safety of
   74  the cosmetic sold in the state by the manufacturer.
   75         (5)LABELING.—For a cosmetic described in subsection (4), a
   76  manufacturer shall include the following statement legibly
   77  printed on the label or packaging of the cosmetic: “This product
   78  or an ingredient used in the formulation of this product has
   79  been tested on animals.”
   80         (6)ENFORCEMENT AND PENALTIES.—A person who violates this
   81  section is subject to a civil penalty of $5,000 and an
   82  additional $1,000 for each day he or she continues to violate
   83  this section. A violation of this section may be enforced by the
   84  Attorney General, state attorney, or the city attorney or county
   85  attorney of the city or county in which the violation occurred.
   86  The civil penalty shall be remitted to the entity authorized to
   87  bring an action to enforce such penalty.
   88         Section 2. This act shall take effect July 1, 2022.