SB444 — prohibiting the use of animal testing when other comparable methods are available.

SB 444-FN - AS INTRODUCEDAMENDED BY THE SENATE 03/05/2026 0877s SESSION 26-2010 08/06 SENATE BILL 444-FN AN ACT prohibiting the use of animal testing when other comparable methods are available.

SB 444-FN - AS INTRODUCEDAMENDED BY THE SENATE 03/05/2026 0877s 26-2010 08/06 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT prohibiting the use of animal testing when other comparable methods are available.

1 1 New Chapter;

“Cosmetic animal testing” means the internal or external application or exposure of any cosmetic product, or any cosmetic ingredient or nonfunctional constituent, to the skin, eyes, or any other body part, organ, or extremity of an animal for the purpose of evaluating the safety or efficacy of a cosmetic product or a cosmetic ingredient or nonfunctional constituent for use in a cosmetic product.

V.

"Cosmetic” means articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and articles intended for use as a component of any such articles, except that such term shall not include soap.

VI.

“Cosmetic ingredient” means a chemical or mixture used as a component in the manufacture of a cosmetic product, described in 21 C.F.R.

section 700.3(e).

SB 444-FN - AS INTRODUCED - Page 2 - VII.

“Cosmetic manufacturer” means any entity required to specify conspicuously its name and place of business on the label of a cosmetic in package form pursuant to 21 C.F.R.

section 701.12.

VIII.

“Cosmetic product” means a finished cosmetic, the manufacture of which has been completed.

IX.

“Non-functional constituent” means any incidental ingredient as defined in 21 C.F.R.

section 701.3(l).

X.

“Supplier” means any entity that provides, whether directly or through a third party, any cosmetic ingredient used by a manufacturer in the formulation of a cosmetic product.

XI.

XII.Testing facility does not include an institution of higher education as defined in RSA 188-H:1.

V.

SB 444-FN - AS AMENDED BY THE SENATE - Page 2 - I.(a) No testing facility in the state shall use a traditional animal test method in this state if an agency responsible for regulating the specific product or activity for which the test method is being used has either:

SB 444-FN - AS INTRODUCED - Page 3 - II.

III.359-V:3 Severability.

NotwithstandingIf any other provision of law,this orchapter anyis ruleheld invalid, or regulationif adoptedits pursuantapplication thereto, to theany contrary,person theor exclusivecircumstance remedyis forheld enforcinginvalid, thissuch sectioninvalidity shalldoes benot theaffect attorneyother generalprovisions bringingor aapplications civil action in a court of competentthis jurisdictionchapter towhich restraincan thebe violationgiven andeffect forwithout other further relief as the courtinvalid shallprovision determineor isapplication. proper.

359-V:32 ProhibitionEffective onDate. the Sale or Offer for Sale of Cosmetics.

I.

No cosmetic manufacturer shall knowingly sell or offer for sale in this state any cosmetic if such cosmetic was developed or manufactured using cosmetic animal testing that was conducted or contracted for by the cosmetic manufacturer, or any supplier of the cosmetic manufacturer.

  II.

Paragraph I shall not apply to any of the following:

(a)  Animal testing conducted outside of the United States and in order to comply with a requirement of 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 the state.

(b)  Animal testing conducted for any cosmetic or cosmetic ingredient subject to regulation under the Chapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.

section 351 et seq.

(c) Animal testing conducted for an 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 such testing was relied upon to substantiate the safety of a cosmetic sold in New Hampshire by a cosmetics manufacturer, unless all of the following apply:

(1) There is no alternative test method or strategy to test the safety of the cosmetic ingredient or non-functional constituent;

and (2) There is documented evidence that animal testing was conducted with the intent to use the ingredients in a product other than a cosmetic;

and SB 444-FN - AS INTRODUCED - Page 4 - (3) The ingredient has been used in a product other than cosmetics at least 12 months before the cosmetics manufacturer or cosmetic supplier relied on the results of animal testing.