ENGROSSEDH-0022.1 SUBSTITUTE HOUSE BILL 1097 State of Washington 68th Legislature 2023 Regular Session By House Consumer Protection & Business (originally sponsored by Representatives Walen, Goodman, Leavitt, Ramel, Peterson, Fitzgibbon, Macri, Simmons, Reeves, Thai, Gregerson, Stonier, Pollet, Kloba, Santos, and Ormsby)Ormsby READPrefiled FIRST12/30/22. TIME 02/02/23.
Read first time 01/09/23.
Referred to Committee on Consumer Protection & Business.
1 ESHBHB 1097 (3) "Cosmetic ingredient" means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product, as defined in 21 C.F.R.
700.3(e) on January 1, 2025.2024.
701.12 on January 1, 2025.2024.
701.3(1) on January 1, 2025.2024.
Beginning January 1, 2025,2024, it is unlawful for a manufacturer to sell or offer for sale in this state a cosmetic if the cosmetic was developed or manufactured using cosmetic animal testing that was conducted or contracted for by the manufacturer or any supplier of the manufacturer.
2 ESHBHB 1097 (a) There is documentedno evidencenonanimal ofalternative method or strategy recognized by any federal or state agency or the noncosmeticorganization intentfor ofeconomic cooperation and development for the test;relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent;
and (b) There is adocumented historyevidence of use of the ingredientnoncosmetic outsideintent of cosmetics at least 12 months before the reliance;test;
and (c) There is a history of use of the ingredient outside of cosmetics at least 12 months before the reliance;
(1) A cosmetic if the cosmetic in its final form was tested on animals before January 1, 2025,2024, even if the cosmetic is manufactured on or after January 1, 2025,2024, if no new animal testing in violation of this chapter occurs after January 1, 2025,2024; by or on behalf of the manufacturer;
(2) An ingredient in a cosmetic if the ingredient was tested on animals before January 1, 2025,2024, even if the ingredient is manufactured on or after January 1, 2025,2024, if no new animal testing in violation of this chapter occurs after January 1, 2025,2024; by or on behalf of the manufacturer;
No county or political subdivision of the state may establish or continue any prohibition on or relating to cosmeticp. animal testing that is not identical to the prohibitions set forth in this chapter.
p.3 HB 1097 cosmetic animal testing that is not identical to the prohibitions set forth in this chapter.
3 ESHB 1097 NEW SECTION.
ThisThe legislature finds that the practices covered by this chapter mayare bematters knownvitally andaffecting citedthe aspublic interest for the crueltypurpose freeof cosmeticsapplying act.the consumer protection act, chapter 19.86 RCW.
A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
IfThis anychapter provisionmay ofbe thisknown actand orcited itsas application to any person or circumstance is held invalid, the remaindercruelty offree thecosmetics actact. or the application of the provision to other persons or circumstances is not affected.
ThisIf any provision of this act takesor effectits Januaryapplication 1,to 2025.any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
SectionsThis 1 through 9 of this act constitutetakes aeffect newJanuary chapter1, in2024. Title 69 RCW.
NEW SECTION.
Sec.
11.
Sections 1 through 10 of this act constitute a new chapter in Title 69 RCW.
4 ESHBHB 1097