SB 197 — Revises provisions relating to trade practices. (BDR 52-746)

(ReprintedSenate withBill amendmentsNo. adopted on May 24, 2019) THIRD REPRINT S.B.

197197–Senators SScheible; ENATE B ILLN O.

197–SENATORSParks SCHEIBLEand ;Ratti Joint Sponsor:

ARKSAssemblyman ANDFumo RCHAPTER.......... ATTI FEBRUARY 18, 2019 ____________ JOINT SPONSOR :

SSEMBLYMAN FUMO ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to trade practices.

(BDR 52-746) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegThisLegislative billCounsel’s prohibits,Digest: under certain circumstances, a manufacturer from importing, selling or offering for sale in this State any cosmetic for which testing was performed on certain animals.

selling or offering for sale in this State any cosmetic for which testing wasrting, performed on certain animals.

(NRS 49.325, 600A.070) Additionally, this bill prohibits any political subdivision of this State or agency thereof from establishing or continuing prohibitions that are not identical to the provisionsotherwise in violation of thisthe bill.prohibition on or relating to animal testing to be sold on or before June 30, 2020.

ThisEXPLANATION bill– alsoMatter allowsin anbolded inventoryitalics of cosmetics which is onnew; or before June 30, 2020.he prohibition on or relating to animal testing to be sold - *SB197_R3* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 80th Session (2019) – 2 – (1) The cosmetic or ingredient in the cosmetic which is tested is in wide use and cannot be replaced by another ingredient which is capable of performing a similar function;

and (3) There does not exist a method of testing other than animal testing that is accepted for the relevant purpose by the federal or state regulatory agency.

the relevant purpose by the (b) To comply with a requirement of a regulatory agency of a foreign jurisdiction, if no evidence derived from such testing was relied upon to substantiate the safety of a cosmetic sold within this State by the manufacturer.

and - *SB197_R3* – 3 – (2) The ingredient that was the subject of the testing has been used for purposes unrelated to cosmetics for not less than 12 monthsmon3. before the earliest date of the testing.

3.This section does not apply to:e testing.

This section does not apply to:

No county, city, local government or other political subdivision of this State or agency thereof may establish or continue any prohibition on or relating to animal testing that is - 80th Session (2019) – 3 – not identical to the prohibitions set forth in this section and that does not include the exemptions contained in this section.

(a) “Animal testing” means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes or other body part of a live, nonhuman ver(b)vertebrate. “Cosmetic” means any article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise beautifying, promoting attractiveness or altering the appearance, including, without limitation, personal hygiene products such as deodorant, shampoo or conditioner.

(b) “Cosmetic” means any article 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, including, without limitation, personal hygiene products such as deodorant, shampoo or conditioner.

(d) “Manufacturer” means any person whose name appears on the label of a cosmetic pursuant to the requirements of 21 C.F.R.C.F(e) “Supplier” means any entity that supplies, directly or through a third party, any ingredient used by a manufacturer in the formulation of a cosmetic.

§ 701.12.

(e) “Supplier” means any entity that supplies, directly or through a third party, any ingredient used by a manufacturer in the formulation of a cosmetic.

H~~~~~ 19 - *SB197_R3*80th Session (2019)