§ 771. Definitions
§ 772. Prohibition on the sale or offer for sale of certain cosmetics
§ 773. Exemptions
§ 774. Political subdivisions; prohibition
§ 775. Penalties
§ 776. Severability
§§ 777 to 780. [Blank]
§ 771. Definitions
As used in this Part, the following terms have the following meanings:
(1) “Cosmetic” means either of the following:
(a) Articles intended to be applied to or introduced into the human body or any part thereof for purposes of cleansing, beautifying, promoting attractiveness, or altering appearance.
(b) Articles intended for use as a component of any articles provided for in Subparagraph (a) of this Paragraph.
(c) “Cosmetic” does not include soap.
(2) “Cosmetic animal testing” means the internal or external application or exposure of any cosmetic product, cosmetic ingredient, or nonfunctional constituent to the skin, eyes, or any other body part, organ, or extremity of a live nonhuman vertebrate.
(3) “Cosmetic ingredient” means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product as defined in 21 CFR 700.3(e) on the date of enactment of this Part.
(4) “Cosmetic product” means a finished and complete cosmetic.
(5) “Manufacturer” means any entity required to specify conspicuously its name and place of business on the label of a cosmetic in package form pursuant to 21 CFR 701.12.
(6) “Nonfunctional constituent” means any incidental ingredient as defined in 21 CFR 701.3(1) on the date of enactment of this Part.
(7) “Supplier” means any entity that provides, whether directly or through a third party, any cosmetic ingredient used by a manufacturer in the formulation of a cosmetic product.
Credits
Added by Acts 2022, No. 712, § 1.
§ 772. Prohibition on the sale or offer for sale of certain cosmetics
Notwithstanding any provision of law to the contrary, it is unlawful for a manufacturer to sell or offer for sale in this state a cosmetic that utilized cosmetic animal testing during the development or manufacture of the cosmetic, if the cosmetic animal testing was conducted by the manufacturer, any supplier of the manufacturer, or any person or business hired or contracted by the manufacturer.
Credits
Added by Acts 2022, No. 712, § 1.
A. The provisions of this Part shall not apply to the following instances of cosmetic animal testing:
(1) Cosmetic animal testing conducted outside of the United States as required by a foreign regulatory authority, provided that no evidence derived from the testing was relied upon to substantiate the safety of the cosmetic ingredient or cosmetic product being sold by the manufacturer in this state.
(2) Cosmetic animal testing conducted for any cosmetic or cosmetic ingredient subject to regulation under 21 U.S.C. 351 et seq.
(3) Cosmetic animal testing conducted for a cosmetic ingredient intended to be used in a product that is not a cosmetic product and conducted pursuant to a requirement of a federal, state, or foreign regulatory authority, provided that no evidence derived from the testing was relied upon to substantiate the safety of a cosmetic sold in this state by a cosmetics manufacturer, unless all of the following apply:
(a) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent.
(b) There is documented evidence of the noncosmetic intent of the test.
(c) There is a history of use of the ingredient outside of cosmetics at least twelve months prior to reliance.
(4) Cosmetic animal testing requested, required, or conducted by a federal or state regulatory authority if all of the following apply:
(a) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent.
(b) The cosmetic ingredient or nonfunctional constituent poses a risk of causing a specific substantiated human health problem and the need to conduct cosmetic animal testing is justified and supported by a detailed research protocol proposed as the basis for the evaluation of the cosmetic ingredient or nonfunctional constituent.
(c) The cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another cosmetic ingredient capable of performing a similar function.
B. The provisions of this Part shall not apply to any of the following:
(1) A cosmetic in its final form, which was tested on animals before the effective date of this Part, regardless of whether the cosmetic is manufactured on or after the effective date of this Part.
(2) An ingredient in a cosmetic, which was tested on animals before the effective date of this Part, even if the ingredient is manufactured on or after the effective date of this Part.
(3) A cosmetic manufacturer reviewing, assessing, or retaining evidence from a cosmetic animal test.
Credits
Added by Acts 2022, No. 712, § 1.
§ 774. Political subdivisions; prohibition
No parish or political subdivision of this state shall establish or continue any prohibition on or relating to cosmetic animal testing, as defined in this Part, that is not identical to the prohibitions set forth in this Part.
Credits
Added by Acts 2022, No. 712, § 1.
A manufacturer that sells or offers for sale a cosmetic in violation of this Part commits a civil violation punishable by a fine of not more than one thousand dollars for the first day of each violation and an additional fine of five hundred dollars for each day that each violation continues.
Credits
Added by Acts 2022, No. 712, § 1.
If any provision of this Part is held invalid, or if its application to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application.
Credits
Added by Acts 2022, No. 712, § 1.
§§ 777 to 780. [Blank]