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A11640 Summary:

BILL NOA11640
 
SAME ASNo Same As
 
SPONSORRules (Rosenthal)
 
COSPNSR
 
MLTSPNSR
 
Add §399-bbbb, Gen Bus L
 
Prohibits manufacturers from importing and selling certain household cleaning products that use animal testing, if the animal testing was conducted on or after January first, two thousand twenty-eight.
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A11640 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11640
 
                   IN ASSEMBLY
 
                                      July 29, 2026
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
          -- read once and referred to the Committee  on  Consumer  Affairs  and
          Protection
 
        AN ACT to amend the general business law, in relation to prohibiting the
          importation  and  sale  of  certain  household cleaning products using
          animal testing
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-bbbb to read as follows:
     3    §  399-bbbb. Selling of animal tested household cleaning products.  1.
     4  For purposes of this section, the following terms shall have the follow-
     5  ing meanings:
     6    (a) "Animal testing" means a process or procedure that  uses  a  live,
     7  nonhuman  vertebrate  or cephalopod to obtain information on the charac-
     8  teristics of a household cleaning product or an ingredient  thereof  and
     9  that generates information regarding the ability of a household cleaning
    10  product  or  ingredient  to  produce  a specific biological effect under
    11  specified conditions.
    12    (b) "Household cleaning product" means  a  product  manufactured  from
    13  chemicals  that  is designed to clean or provide protection to household
    14  surfaces or  furniture,  including,  without  limitation,  task-specific
    15  cleaning  products,  including  but  not limited to spot removers, stain
    16  removers, upholstery cleaners, glass cleaners, dish  soap,  and  laundry
    17  detergent.  "Household  cleaning  product"  shall  not include a product
    18  regulated by,  or  evaluated  under,  the  United  States  environmental
    19  protection agency under the Federal Insecticide, Fungicide, and Rodenti-
    20  cide Act (7 U.S.C. Sec. 136 et seq.).
    21    (c)  "Ingredient"  means  a  single chemical entity or mixture that is
    22  intentionally used as a component in  the  manufacture  of  a  household
    23  cleaning  product. "Ingredient" shall not include a component subject to
    24  regulation under the Federal Insecticide, Fungicide, and Rodenticide Act
    25  (7 U.S.C. Sec. 136 et seq.).
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16106-01-6

        A. 11640                            2
 
     1    (d) "Manufacturer" means a person or entity who imports, produces,  or
     2  manufactures  a household cleaning product and whose name appears on the
     3  label of the household cleaning product.
     4    (e)  "Nonanimal testing method" means a process or procedure that does
     5  not use a live, nonhuman vertebrate or cephalopod to obtain  information
     6  on  the characteristics of a household cleaning product or an ingredient
     7  thereof and that generates information regarding the ability of a house-
     8  hold cleaning product or ingredient to  produce  a  specific  biological
     9  effect under specified conditions.
    10    (f) "Supplier" means an entity that provides ingredients directly to a
    11  manufacturer for the formulation of a household cleaning product.
    12    2.  Except as otherwise provided in this section, a manufacturer shall
    13  not import for profit, sell, or offer for sale in the state of New  York
    14  a  household  cleaning product that such manufacturer knew or reasonably
    15  should have known that animal testing was conducted or contracted by  or
    16  on  behalf  of  the manufacturer or any supplier of the manufacturer, if
    17  the animal testing was conducted on or after January first, two thousand
    18  twenty-eight.
    19    3. The prohibition in subdivision two of this section shall not  apply
    20  to any of the following:
    21    (a)  Animal  testing  or  data derived therefrom, that is conducted to
    22  comply with a federal  or  state  law,  including,  without  limitation,
    23  requirements of the federal Toxic Substances Control Act (15 U.S.C. Sec.
    24  2601  et  seq.)  or  guidelines  issued  pursuant  to  the federal Toxic
    25  Substances Control Act;
    26    (b) Animal testing  or  data  derived  therefrom,  that  is  conducted
    27  because  no appropriate nonanimal testing methods exist, or the existing
    28  nonanimal testing methods cannot be reasonably conducted to meet federal
    29  or state testing requirements;
    30    (c) Animal testing or data derived therefrom,  that  is  conducted  to
    31  comply with a requirement, notification, or registration of a regulatory
    32  agency of a foreign jurisdiction;
    33    (d) A household cleaning product or ingredient in a household cleaning
    34  product if animal testing was conducted for the household cleaning prod-
    35  uct  or ingredient before January first, two thousand twenty-eight, even
    36  if the household cleaning product in its final form  or  ingredient  was
    37  manufactured on or after such date; or
    38    (e)  Data  from  animal  testing  of an ingredient that is a commodity
    39  produced in large quantities and is used as a raw material for end  uses
    40  outside  of  cleaning  products,  so  long  as the animal testing on the
    41  ingredient was not conducted predominately for the purpose of  assessing
    42  the use of the ingredient in a household cleaning product.
    43    4.  This  section  shall not be construed to prevent a manufacturer or
    44  supplier from reviewing, assessing,  or  retaining  existing  data  from
    45  animal  testing,  including  without  limitation,  data  sourced  from a
    46  consortia or nonprofit organization.
    47    5. (a) A violation of this section shall be punishable by  a  fine  of
    48  five  thousand  dollars  and an additional one thousand dollars for each
    49  day the violation continues.
    50    (b) A violation of this section may be enforced by the district attor-
    51  ney of the county where the violation occurred, or by the city  attorney
    52  of  the  city where the violation occurred. The civil fine shall be paid
    53  to the entity that is authorized to bring the action.
    54    6. (a) A district attorney or city attorney may, upon a  determination
    55  that  there  is  a reasonable likelihood of a violation of this section,
    56  review the testing data that a  manufacturer  has  relied  upon  in  the

        A. 11640                            3
 
     1  development  or manufacturing of the relevant household cleaning product
     2  sold in the state of New York. Information provided under  this  section
     3  shall be protected as a trade secret.
     4    (b)  A  district  attorney  or  city attorney shall enter a protective
     5  order with a manufacturer before receipt of information from a  manufac-
     6  turer pursuant to this section and shall take other appropriate measures
     7  necessary to preserve the confidentiality of information provided pursu-
     8  ant to this section.
     9    § 2. This act shall take effect on the one hundred eightieth day after
    10  it shall have become a law.
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