Section 646A.009 - Prohibition on sales of cosmetics developed or manufactured using animal testing; exceptions; preemption of local laws(1) A manufacturer may not sell or offer to sell in this state a cosmetic that was, on or after January 1, 2024, developed or manufactured using cosmetic animal tests conducted or contracted for by the manufacturer or any supplier of the manufacturer.(2) This section does not apply to a cosmetic that has been developed through use of a cosmetic animal test if the cosmetic animal test was conducted: (a) Pursuant to a requirement of a federal or state agency and all of the following apply: (A) A specific human health problem in relation to the cosmetic ingredient or nonfunctional constituent is substantiated;(B) The need to conduct a cosmetic animal test is:(ii) Supported by a detailed research protocol, proposed as the basis for evaluation of the cosmetic ingredient or nonfunctional constituent;(C) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organization for Economic Cooperation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent; and(D) The cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another ingredient capable of performing a similar function.(b) Outside of the United States, pursuant to a legal requirement of a foreign regulatory authority, provided that evidence derived from the testing was not relied upon to substantiate the safety of the cosmetic or cosmetic ingredient.(c) Pursuant to a requirement established by 21 U.S.C. 351 to 360fff-8.(d) For a cosmetic ingredient or nonfunctional constituent intended to be used in a product that is not a cosmetic and conducted pursuant to a requirement of a federal, state or foreign regulatory authority, provided that evidence from the cosmetic animal test is not relied upon to substantiate the safety or efficacy of the cosmetic or cosmetic ingredient unless all of the following apply: (A) There is documented evidence of the noncosmetic intent of the test; and(B) There is a history of use of the ingredient outside of cosmetics at least one year prior to any reliance on the cosmetic animal test to substantiate the safety or efficacy of the cosmetic or cosmetic ingredient.(3) Nothing in this section prohibits a manufacturer or supplier from retaining, reviewing or assessing evidence from a cosmetic animal test.(4) A city or county may not adopt or enforce any ordinance, rule or regulation establishing a prohibition on the sale of cosmetics that have been developed or manufactured using cosmetic animal tests unless the prohibition is identical to the provisions of this section.Added by 2023 Ch. 536, § 2