§773. Exemptions

            A. The provisions of this Part shall not apply to the following instances of cosmetic animal testing:

            (1) Cosmetic animal testing conducted outside of the United States as required by a foreign regulatory authority, provided that no evidence derived from the testing was relied upon to substantiate the safety of the cosmetic ingredient or cosmetic product being sold by the manufacturer in this state.

            (2) Cosmetic animal testing conducted for any cosmetic or cosmetic ingredient subject to regulation under 21 U.S.C. 351 et seq.

            (3) Cosmetic animal testing conducted for a cosmetic ingredient intended to be used in a product that is not a cosmetic product and conducted pursuant to a requirement of a federal, state, or foreign regulatory authority, provided that no evidence derived from the testing was relied upon to substantiate the safety of a cosmetic sold in this state by a cosmetics manufacturer, unless all of the following apply:

            (a) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent.

            (b) There is documented evidence of the noncosmetic intent of the test.

            (c) There is a history of use of the ingredient outside of cosmetics at least twelve months prior to reliance.

            (4) Cosmetic animal testing requested, required, or conducted by a federal or state regulatory authority if all of the following apply:

            (a) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent.

            (b) The cosmetic ingredient or nonfunctional constituent poses a risk of causing a specific substantiated human health problem and the need to conduct cosmetic animal testing is justified and supported by a detailed research protocol proposed as the basis for the evaluation of the cosmetic ingredient or nonfunctional constituent.

            (c) The cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another cosmetic ingredient capable of performing a similar function.

            B. The provisions of this Part shall not apply to any of the following:

            (1) A cosmetic in its final form, which was tested on animals before the effective date of this Part, regardless of whether the cosmetic is manufactured on or after the effective date of this Part.

            (2) An ingredient in a cosmetic, which was tested on animals before the effective date of this Part, even if the ingredient is manufactured on or after the effective date of this Part.

            (3) A cosmetic manufacturer reviewing, assessing, or retaining evidence from a cosmetic animal test.

            Acts 2022, No. 712, §1.