Washington Senate Bill Report ESHB 1097 (Feb. 12, 2024)

Summary

A Washington Senate Bill Report on ESHB 1097, as of February 12, 2024, prepared for the Senate Committee on Business, Financial Services, Gaming & Trade, which heard the bill on 2/15/24. The bill concerns the sale of cosmetics tested on animals and passed the House on 1/25/24, 90-3. The background notes that the Federal Food, Drug, and Cosmetic Act does not specifically require animal testing of cosmetics and lists eleven states with laws prohibiting such sales. The bill would bar manufacturers from selling cosmetics developed or manufactured using cosmetic animal testing beginning January 1, 2025, subject to listed exceptions, and sets fines up to $5,000 for each violation. It also preempts local prohibitions that are not identical and takes effect January 1, 2025.

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Full text

                             SENATE BILL REPORT
                                  ESHB 1097

                                     As of February 12, 2024

Title: An act relating to the sale of cosmetics tested on animals.

Brief Description: Concerning the sale of cosmetics tested on animals.

Sponsors: House Committee on Consumer Protection & Business (originally sponsored by
    Representatives Walen, Goodman, Leavitt, Ramel, Peterson, Fitzgibbon, Macri, Simmons,
    Reeves, Thai, Gregerson, Stonier, Pollet, Kloba, Santos and Ormsby).

Brief History: Passed House: 1/25/24, 90-3.
     Committee Activity: Business, Financial Services, Gaming & Trade: 2/15/24.


                                     Brief Summary of Bill
           • Establishes that it is unlawful for manufacturers to sell a cosmetic
             developed or manufactured using cosmetic animal testing that was
             conducted or contracted for by the manufacturer or its supplier, subject
             to exceptions.
           • Establishes fines for manufacturer violations up to $5,000 per violation.


SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES, GAMING & TRADE

     Staff: Clint McCarthy (786-7319)

     Background: The Federal Food, Drug, and Cosmetic Act (FDCA) directs the Food and
     Drug Administration (FDA) to ensure that cosmetics are safe and properly labeled. The
     FDCA does not specifically require the use of animals in testing cosmetics for safety nor
     does the FDCA subject cosmetics to FDA premarket approval. The FDA does not certify
     claims such as "Cruelty-Free" or "Not Tested on Animals" on cosmetic labeling.

     To date, eleven states have enacted laws prohibiting manufacturers from selling cosmetic




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

Senate Bill Report                              -1-                                       ESHB 1097
     products that were developed or manufactured using animal testing:
        • California;
        • Hawaii;
        • Illinois;
        • Louisiana;
        • Maine;
        • Maryland;
        • Nevada;
        • New Jersey;
        • New York;
        • Oregon; and
        • Virginia.

     Washington State statute is silent on the manufacture or development of cosmetics that use
     cosmetic animal testing.

     Summary of Bill: Manufacturers are prohibited from selling or offering for sale a cosmetic
     if the cosmetic was developed or manufactured using cosmetic animal testing beginning
     January 1, 2025.

     A cosmetic is defined as articles intended to be rubbed, poured, sprinkled, or sprayed on,
     introduced into or otherwise applied to the human body for the purpose of cleansing,
     beautifying, promoting attractiveness, or altering one's appearance.

     Exceptions. Manufacturers may sell a cosmetic developed or manufactured using cosmetic
     animal testing conducted or contracted for by the manufacturer or its supplier when such
     cosmetic animal testing is:
        • conducted outside of the United States to comply with a foreign regulatory authority's
          requirement, if evidence derived from the testing was not relied upon to substantiate
          the safety of the cosmetic ingredient or cosmetic product sold by a manufacturer in
          Washington;
        • conducted for any cosmetic or cosmetic ingredient subject to regulation under
          applicable portions of the FDCA;
        • conducted for a cosmetic ingredient intended to be used in a noncosmetic product,
          and is conducted under a federal, state, or foreign regulatory authority regulation, if
          evidence derived from the testing was not relied upon to substantiate the safety of a
          cosmetic sold in Washington, unless:
              1. there is documented evidence of the noncosmetic intent of the test; and
              2. there is history of the ingredient's use outside of cosmetics at least 12 months
                 before the reliance; or
        • requested, required, or conducted by a federal or state regulatory authority and the
          following additional criteria are satisfied:
              1. there is no nonanimal alternative method or strategy recognized by any federal
                 or state agency or organization;


Senate Bill Report                            -2-                                     ESHB 1097
                2. the cosmetic ingredient or nonfunctional constituent poses a risk of causing a
                   specific human health problem that is substantiated, and the need to conduct
                   animal testing is justified and supported by a detailed research protocol; and
                3. the cosmetic ingredient is in wide use and cannot be replaced by another
                   cosmetic ingredient capable of performing a similar function.

     The prohibition on manufacturers selling a cosmetic developed or manufactured using
     cosmetic animal testing conducted or contracted for by the manufacturer or its supplier does
     not apply when:
         • a cosmetic in its final form, or ingredient in a cosmetic, was tested on animals before
           January 1, 2025, even if the cosmetic or ingredient is manufactured after January 1,
           2025, provided that no new animal testing occurs after that date by or on the behalf of
           the manufacturer; or
         • a cosmetic manufacturer reviews, assesses, or retains evidence from a cosmetic
           animal test.

     Enforcement and Preemption. Manufacturers in violation of these regulations commit a civil
     violation punishable by a fine up to $5,000 for each violation.

      No political subdivision may establish or continue any prohibition on or relating to
     cosmetic animal testing that is not identical to the prohibition established.

     Appropriation: None.

     Fiscal Note: Not requested.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: The bill takes effect on January 1, 2025.




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