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

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 1726 with committee amendments, State of New Jersey, dated January 21, 2021, reporting the bill favorably. As amended, the bill would prohibit the sale or offer for sale of cosmetics developed or manufactured using animal tests on or after January 1, 2021, even if the tests were performed outside the State. Exemptions cover earlier testing, testing required by a federal or State regulatory authority under certain conditions, and tests for non-cosmetic purposes. Each sale or offer for sale is punishable by fines of up to $1,000, enforced by the director of the Division of Consumer Affairs, and the bill imposes no liability on news media that publish such advertising.

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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”;

(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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