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Senate Commerce Committee Statement to Senate, No. 1726 (State of New Jersey, January 21, 2021)

Summary

A Senate Commerce Committee statement to Senate, No. 1726 with committee amendments, State of New Jersey, dated January 21, 2021. The committee reports Senate Bill No. 1726 favorably and with amendments. As amended, the bill would prohibit the sale or offer for sale of cosmetics that were developed or manufactured using animal tests on or after January 1, 2021. The statement says each sale or offer for sale is punishable by fines of up to $1,000, and that the director of the Division of Consumer Affairs in the Department of Law and Public Safety would be permitted to enforce the bill. It states that the committee amended the bill so that the date is January 1, 2021, rather than January 1, 2020, in the prohibition.

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“Senate Commerce Committee Statement to Senate, No. 1726 (State of New Jersey, January 21, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-01-21-scm-s1726-s1-7b1e304e2c/, SHA-256 174190ee1beda5a69a5a33495d5c3bba2128b3f46bf95ebe0fefecc2c61753dc.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 1726
                   with committee amendments



 STATE OF NEW JERSEY
                   DATED: JANUARY 21, 2021

    The Senate Commerce Committee reports favorably and with
amendments Senate Bill No. 1726.
   As amended, this bill would prohibit the sale or offer for sale of
cosmetics that were developed or manufactured using animal tests
on or after January 1, 2021.
   Current law prohibits performing animal tests on products in
New Jersey when there is an appropriate validated alternative test
method. This bill would strengthen this prohibition with respect to
cosmetics products, barring the sale of all cosmetics that were
tested on animals, even if those tests were performed outside the
State. Animal tests for cosmetics are frequently painful and
harmful to the animal. Furthermore, alternative testing methods,
such as the use of engineered human tissue and the use of computer
models, are often cheaper and more accurate than animal testing, in
addition to being cruelty-free.
   The provisions of the bill do not apply to testing conducted on an
ingredient or cosmetic if the testing took place prior to January 1,
2021. In addition, the bill would not apply to testing required by a
federal or State regulatory authority, provided that certain
conditions apply. Also exempt from the bill are animal tests that
are conducted for non-cosmetic purposes pursuant to a requirement
of a federal, State, or foreign regulatory authority, so long as no
evidence derived from the animal testing is relied upon to establish
the safety of a cosmetic pursuant to federal or State regulations.
   Each sale or offer for sale is punishable by fines of up to $1,000.
The director of the Division of Consumer Affairs in the Department
of Law and Public Safety would be permitted to enforce the
provisions of this bill.
   Lastly, nothing in the bill is to be construed as imposing liability
on news media that accept or publish advertising that could fall
within the scope of the bill.

COMMITTEE AMENDMENTS:
    The committee amended the bill to:
    (1) change the definition of “cosmetic” to mean the same as the
term is defined in the “Federal Food, Drug, and Cosmetic Act”;
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    (2) provide that the prohibition on the sale of cosmetics developed
or manufactured using an animal test applies to cosmetics for which
the test was conducted or contracted by the manufacturer or any
supplier of the manufacturer on or after January 1, 2021, rather than
January 1, 2020;
    (3) provide that the prohibitions pursuant to the bill do not apply to
cosmetics developed or manufactured using an animal test if the
animal test is conducted for non-cosmetic purposes pursuant to a
requirement of a federal, State, or foreign regulatory authority and
meets certain other conditions; and
    (4) provide that the provisions of the bill are not to be construed to
impose liability on news media that accept or publish advertising that
may fall within the scope of the statute.

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